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Home My WebLink About07-4936IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action-In Law vs. No. p? . t,19~ Civ- l (efM TIMOTHY A. LADIKA, a/k/a ARBITRATION TIM A. LADIKA, Defendants. COMPLAINT xarxca 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 NARKED THAT IF YOU FAIL TO DO 30, 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 TARE 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. PLEASE GIVE THIS PAPER TO YOUR INSURANCE CARRIER IMMEDIATELY. CUl~ERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A~~ENVE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action-In Law vs. No. o ~- `f9.~G Ce.~ T~ TIMOTHY A. LADIKA, a/k/a ARBITRATION TIM A. LADIKA, Defendants. COMPLAINT 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, TIMOTHY A. LADIKA, a/k/a TIM A. LADIKA, is an adult individual residing at 1328 Oak Lane B, New Cumberland, Pennsylvania, 17070 and 40 N. 10~' Street, Lemoyne, Pennsylvania, 17043. 4. 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. COUNTI PPL ELECTRIC UTILITIES CORP. VS. TIMOTHY A. LADIKA a/k/a TIM A. LADIKA 5• Defendant, TIMOTHY A. LADIKA, a/k/a TIM A. LADIKA, while operating a vehicle, damaged property owned by Plaintiff. 6• Defendant negligently operated the vehicle in that he/she: a) operated said vehicle and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said vehicle and/or equipment under proper and adequate control; c) failed to keep a proper lookout; d) operated said vehicle and/or equipment in a reckless and careless manner; e) failed to keep vehicle and/or equipment in the proper lane of travel; ~ failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle and/or equipment without due regard for the rights, safety and position of the Plaintiff; i) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment 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. 7• Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORD, in the vicinity of 423 S. 3`d Street, Lemoyne, Cumberland County, Pennsylvania, on or about February 18, 2007. g• Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 9• Plaintiffmade demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 10. Plaintiff has been damaged in the amount of $10,402.71, including costs and attorneys' fees. WHEREFORE, PlainhffPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $10,402.71, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PUNITIVE DAMAGES PPL ELECTRIC UTILITIES CORP. VS. TIMOTHY A. LADIKA a/k/a TIM A. LADIKA 11. reference as if fully set forth. 12. Defendant left the scene of the accident without calling 911 to report the incident to the proper authorities. 13. Defendant's actions in risking a catastrophe as described herein aze such as to be so far beyond accepted construction practices and standards as to be outrageous, reckless, and The allegations contained in Paragraphs 1 through 10 above aze incorporated by grossly indifferent to the rights and interests of Plaintiff and others, and this conduct warrants the imposition of punitive damages. WHEREFORE, plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount in excess of $15,000.00, together with pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: Au ~ZYWICKI & gust 9, 2007 By: P.Q! P. N~iope, Pennsylvania 18938 (215) 862-4390 Attorney for Plaintiff Attorney Y.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I am attomey for Plaintiff, in the within case the that the apProPriate officers of the plaintiffare not available within the time for serving the foregoing to provide their verification; that I sufficiently familiar with the facts set forth in the foregoing Pleadin to am g take this verification; and that such facts aze true and correct to the best of my knowledge, information and belief, based upon the company`s business records and matters of public record. I understan d that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 rela ' to unswom falsification to authorities. tmg Dated: August 9, 2007 C? ~ .~, C_ O ~ ~ ~ =L'~ ' i ~ ~ '~ -r, ~ ~ ~1 - ' t~.) -fir ~'' ~ VV -_ ~ - .p 3 -- C1 ~-e ., _ / r 7v~ __ f,~ ~ ,j 1 ~ Y\ j ~.a: "~ SHERIFF'S RETURN - REGULAR .~` ~+ CASE NO: 2007-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS LADIKA TIMOTHY A ET AL STEPHEN BENDER DEFENDANT , at 1920:00 HOURS, on the 22nd day of August 2007 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIDIKA TIMOTHY A A/K/A LIDIKA TIM A the at 1521 CENTER STREET ENOLA, PA 17025 Sheriff or Deputy Sheriff of by handing to TERRY HODGES, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 30.72 Affidavit .00 Surcharge 10.00 .00 4101•/b9 ~ 46.72 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/23/2007 KRZYWICKI & ASSOCIATES By: Deputy Sheriff of ~ _ _ A.D. •~ rr 1 SHERIFF'S RETURN - NOT FOUND / --~• CASE N0: 2007-04936 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS LADIKA TIMOTHY A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LADIKA TIMOTHY A A/K/A LADIKA TIM A unable to locate Him in his bailiwick. COMPLAINT & NOTICE but was He therefore returns the the within named DEFENDANT TIM A 328 OAK LANE B NEW CUMBERLAND, PA 17070 NOT FOUND as to LADIKA TIMOTHY A A/K/A LADIKA PER SISTER, DEFENDANT DOES NOT LIVE AT THIS ADDRESS. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 .00 9~04~609-.^ / 47.40 So answers : ~ ~.--"=''~~..~- ---=~ r--_ ~~__._--- -- .---- _..-- - R. Thomas Kline Sheriff of Cumberland County KRZYWICKI & ASSOCIATES 08/23/2007 Sworn and Subscribed to before me this day of A.D. x 1 .-- .. ~ ~ t_ ~ , 2530PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff Civil Action - In Law vs TIMOTHY A LADIKA aka TIM A. LADIKA Defendant No. 07-4936 Civil Term ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. TIMOTHY A LADIKA aka TIM A. LADIKA Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, TIMOTHY A LADIKA aka TIM A. LADIKA for failure to plead to Plaintiff's Complaint as follows: Amount Past Due;: $ 7624.21 Fees: $ 2600.00 Court Costs: $ 78.50 Service Costs: $ 100.00 TOTAL $10402.71 together with interest thereon from the date of judgment forward and all costs of this action. w -~ t 2530PD 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 2 North 9th Street, Allentown, PA 18101. 2. The true and correct address of the Defendant, TIMOTHY A LADIKA aka TIM A. LADIKA, is 1521 Center Street, Enola, CUMBERLAND County, PA 17025. _ Krzywicki/and A~6c~ates DATED: November 13, 2007 By: ~~% 49 `PdzSrth Sf Roa P.O. Box 5 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 . , ~,,,.•~''~"" . S~E'RiFF' S RETURN - REGULAR CASE N0: 2007-04936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS LADIKA TIMOTHY A ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of ~~~ , t J Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIDIKA TIMOTHY A A/K/A LIDIKA TIM A the DEFENDANT at 1920:00 HOURS, on the 22nd day of August 2007 at. 1521 CENTER STREET ENOLA, PA 17025 TERRY HODGES, MOTHER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 30.72 Affidavit .00 ' Surcharge 10.00 R. T omas Kline ~' nn 46.72 08/23/2007 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: ,f before me this day Deputy Sheriff of A.D. '. 2530PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff Civil Action - In Law vs TIMOTHY A LADIKA aka TIM A. LADIKA Defendant No. 07-4936 Civil Term ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, TIMOTHY A LADIKA aka TIM A. LADIKA, 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. Kx'zywic]yt' and A~'sociates DATED: November 13, 2007 By: Lnon r. x yw~cxi 9 N th S an Road P. Box 05 ew Hop 1893 215-8 390 Attorney for Pla' tiff Attorney I.D. 23 54 / ' Y 2530PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff Civil Action - In Law vs TIMOTHY A LADIKA aka TIM A. LADIKA Defendant No. 07-4936 Civil Term ARBITRATION NOTICE T0: TIMOTHY A LADIKA aka TIM A. LADIKA 1521 Center Street Enola, PA 17025 Date: October 16, 2007 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 Krzywic}~i anGY Associates By: ti no r xrzywicki 4 ort Sugan Road P.O. B 505 New pe, PA 18938 215- - Attorney for Plain f Attorney I.D. 23754 . ', 2530PD In the Court of Common Pleas. of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff vs Civil Action - In Law No. 07-4936 Civil Term TIMOTHY A LADIKA aka TIM A. LADIKA Defendant (s ) AFFIDAVIT OF SERVICE STATE OF ~~~/G~~ ~ SS. COUNTY OF I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendants}, by first cl~ail on 10/16/2007. tintn y r. r cki Att ney o aintiff, Kr yw' i and Associates P. OX 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBS~C~RIB~ED BEFORE ME THIS /1'~''"~ DAY COMMONWEALTH OF PENNSYLVANIA NOTARIAL SE ~L Catherine Ross-Macaiuso Notary public Salsbury Twp.. Burks Countv My Commission Expires March 30, ~J10 2530PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff Civil Action - In Law vs TIMOTHY A LADIKA aka TIM A. LADIKA Defendant 'No. 07-4936 Civil Term ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF `~'/,s~,s,~/~(~~~/~ ss. COUNTY OF I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., 2 North 9th Street, Allentown, PA 18101, Plaintiff herein, and as such state the following: 1. The defendant, TIMOTHY A LADIKA aka TIM A. LADIKA, 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, TIMOTHY A LADIKA aka TIM A. LADIKA, is more than 18 years of age an,d currently resides at 1521 Center Street, Enola, PA 17025. 3. I have ascertained the above informa 'on by personal investigation and make this affidavit with e au hor~,aty. 7crzywi c Sw o and subscr~~eed befo s 13 day of~~P~oa'rember j f~ any rubl~c e~MONH/EAITN OF p ENNSYLVgN1A Catherine NOTgRIq~ S6A~ Ross-Macaiuso h.,.~ary Public M Com1ebury Twp., Bucks r .mrv mission, Expires March 30. ~J10 ~ ~ ~» ~ ''~( ~ .tt CJ ~ . r,7 ~3 ~ > ~ ~,, ~___. to U' t3 ' +' `~ ~ } . - ,~~ ,~ a t.. ~ ~%? ~., .r!,~ `til°,~ ~„~ ._ , 2530PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: TIMOTHY A LADIKA aka TIM A. LADIKA 1521 Center Street Enola, PA 17025 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff Civil Action - In Law vs ' TIMOTHY A LADIKA aka TIM A. LADIKA Defendant No. 07-4936 Civil Term 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. Curtis R. Long Prothonotary (XX) Judgment by Default~y~ ~GQI~D~~~~~~/Q~ yQ2~ ~,I ( ) Money Judgment / T/ ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings 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 215-862-4390 Attorney I.D. No.23754 ~J dK~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 07-4936 Civil Term TIMOTHY A. LADIKA, : ARBITRATION Defendant. AFFIDAVIT OF MOTOR VEHICLE JUDGMENT STATE OF PENNSYLVANIA) ss.: COUNTY OF BUCKS 1 I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff,,.~~at the above referenced caption is due to a motor vehicle accident. ''y ~rifFiony P. Krzywicki, esquire Attorney for Plaintiff KRZYWICHI & ASSOCIATES, P.C. P.O. BOX SOS New Hope, PA 18938 (215) 862-4390 PA Attorney ID #23754 Sworn to and subscribed before me this day of , 2009. NOTARY PUBLIC ~11.~-~r.°rrrt' 20t#9 Jtl~ - 4 PM ~: ~ ~' f~SY~.~~~tt $5.0o Po Airy C~`~' 10007 ~ as ~ a.~o