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HomeMy WebLinkAbout03-5424In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS. William J. Pickren Plumbing by Bill Pickren Defendants Civil Action In Law No. 03 ARBITRATION 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 aDpearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO 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 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO (DR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAI~ 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 of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS. William J. Pickren Plumbing by Bill Pickren Defendants Civil Action-In Law NO. ~3J ~ ARBITRATION COMPLAINT 1. This is an action by plaintiff, PPL Electric Utilities Corp. to recover damages from defendant arising out of damage to property owned by PPL Electric Utilities Corp. 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, William J. Pickren, is an adult individual residing at 36 Regency Woods N., Carlisle, PA 17013. 4. Defendant, Plumbing by Bill Pickren, is an unincorporated association doing business at 160 E. North Street, Rear, Carlisle, PA 17013. COUNT 1 PPL Electric Utilities Corp. vs. William J. Pickren and Plumbing by Bill Pickren 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. 6. Defendants did not comply with the Underground Utility Line Protection Law, Act 187 of 1996. 7. Defendants performed excavation work on July 12, 2002, at 1153 Center Court, Harrisburg, Pennsylvania. 8. Defendants did not request to identify the location of underground pipes through the Call One System. 9. 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. 10. Defendants damaged a utility line owned by plaintiff. 11. Plaintiff made demand on defendants to repay the sums then due and owing to plaintiff, but defendants have refused and continue to refuse to pay plaintiff. 12. Plaintiff has been damaged in the amount of $1803.28 plus costs and attorneys fees. WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums: Amount Past Due: Attorney Fees: Court Costs: Service Costs: TOTAL $1803.28 $ 500.oo $ ss.so $ 150.00 $2508.78 DATED: October 9, 2003 By: Respectfully submitted, Krzywicki and Associates An ony P. zywicki ~ew Hj~e, PA/18938 Attorney I.D. ~3754 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 unswom falsification to authorities. DATED: October 9; 2003 P~ties Corp. BY: . nth~ ., SHERIFF'S RETURN - REGULAR CASE NO: 2003-05424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS PICKREN WILLIAM J ET AL JASON VIOP~AL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PICKREN WILLIAM J DEFENDANT , at 2011:00 at 36 REGENCY WOODS CARLISLE, PA 17013 KELLY WARNER, GIRLFRIEND a true and attested copy of the HOURS, on the 22nd day of October by handing to LEGAL ADULT RESIDENT COMPLAINT & NOTICE together with 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this &~ day of ~ ~ A.D. oth~notary~ So Answers: R. Thomas Kline 10/23/2003 KRgY~ICKI & ASSOC By: ~  uty Sheriff SHERIFF'S RETURN - CASE NO: 2003-05424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS PICKREN WILLIAm4 J ET AL REGULAR JASON VIORAL , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 22nd day of October , __ by handing to LEGAL ADULT RESIDENT together with says, the within COMPLAINT & NOTICE PLUMBING BY BILL PICKREN DEFENDANT , at 2011:00 HOURS, on the at 36 REGENCY WOODS CARLISLE, PA 17013 KELLY WERNER, GIRLFRIEND, a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this L ~ day of ~ ~O~.3 A.D. thonotary So Answers: R. Thomas Kline 10/23/2003 KRZYWICKI & ASSOC By: uty Sheriff KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P. 0 Box 505 New Hope, PA 18938 215-862-4390 Attorneys for Plaintiff Attorney ~ D. 23754/26852 PPL Electric Utilities Corp. Plaintiff VS. Court of Common Pleas Cumberland County 2003-05424 William Pickren Defendant(s) Plumbing by Bill Pickren Defendant(s) JUDGMENT BY STIPULATION TO THE Prothonotary: Kindly enter judgment in favor of the plaintiff, PPL Electric Utilities Corp., and against the defendant(s), William Pickren and Plumbing by Bill Pickren, in the amount of $2,418.68, together with interest at the tariff rate from this date forward. DATED: January 7, 2004 36 Regency Wood North Carlisle, PA 17013 KRZYWrI~ & ASSOCIATES Plumbing 160 East North Street, Rear Carlisle, PA 17013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION PPL Electric Utilities Corp. Plaintiff ( ) Confessed Judgment (XX) Other VS. William J. Pickren Plumbing by Pickren Defendant File No.: 03-05424 Amount Due: $2418.68 Interest: $ Atty's Corem: Costs: $ TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out ora retail installment sale, contract, or account based on a confession ofjudgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All personal and/or co. property located at 160 E. North St., Carlisle. If company is gone, please levy on ~ersonal property of defendant at 36 Regency Woods N, Carlisle. PA PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [] (Indicate) Index this writ against the garnishee(s) a,9,~is pendens against real estate of the defendant(s)described in the attached exhibit.J / Date: June 7, 2004 Attorney for Plaintiff 215-862-4390 ID No. 23754 WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5424 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PPL ELECTRIC UTILITIES CORP., Plaintiff(s) From WILLIAM J. PICKREN, 36 REGENCY WOODS N., CARLISLE~ PA AND PLUMBING BY PICKREN, 160 E. NORTH ST., CARLISLE, PA (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL AND/OR CO. PROPERTY LOCATED AT 160 E. NORTH ST., CARLISLE. IF COMPANY IS GONE, PLEASE LEVY ON PERSONAL PROPERTY OF DEFENDANT AT 36 REGENCY WOODS N., CARLISLE, PA. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found m the possession of anyone other than a named garnishee, you are directed to notify hin~her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2418.68 Interest Atty's Corem % Arty Paid $132.90 PlaintiffPaid Date: JUNE 10, 2004 (Seal) REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, PA 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ID No, 23754 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot.~.~ Deputy WRIT OF EXECUTioN am//or ATTAcI-IMENT COMMONWEALTH OF PENNSYLvANiA) COUNTy OF CUMBERLAND) TO THE SHERIFF NO ,~ To sat/sly the de~tF ~U~MBERLANi~ ,~^.~ 03~2~4.. Civil erom ~,,.. -, "~terest and ,.^ .~ ~-UUNTy: '~, Vl£ ACTlr~xr ~,,sts due pp '~ - LAW (1) You aORTH ST., Ca n, ~vOODs N., ~e ~ected to lev ~ISLE, PA ~*°~E, PA ~ pL~B~G AND/OR CO. pR~ Y apon ~e prope~ ~c,~ GONE' PLEAsE ~;;~TY LOcATED AT ~/j ~T~a"a"t (s)and tO se11 ~ _ WOODs N ~ ~ ~ ON PERso~ ·. ~ ~' ~ORTH ST ~ . ~- ~L PERSONAL (2) Yo~ " C~ISL~'PA' "~ PROP~RTY OF D~ISLE' IFCoMp~ of ~DANT AT 36 ~ ~e also directed to a~ach GENcy GA~IsHEE(S) ~e Prope~ of the defend~trs~ as follows: ~ ~ ' ~eV~ea Upon in ~e possession ~d to notify ~e ga~' paying an d ~, - ishee(s) ~a · (s) or o~~* to or for ~e a~ t. (a) an a~c~e., ~ °f~-o~ ~ °f~e defena~ ~); ,t ts) and ~om de~J~ ~'' g~shee(s) ~ and is enio;. ~ ~ g~shee -. e'" ~ subject · ~ .-eu as abo-- , you are direr. - ~ to a~ac~ . · -uant ~e s~ted, urea to no,fy ~°~tDue $2418.68 ~ nas been added as a .... ~ler ~at he/sh~ ~ '"~ possession Interest A~'s Co~ % L.L. $.~0 A~ Paid $132.90 Plain~ff Paid Due PrO~y $1.00 Date: JU~ 10, 2004 O~er Costs (Sea/) REQUESTING PARTy: Name ANTHoNy ~ .. --,,. r~¥ZYWiCKi' ESQuiRE Ad'ess: PO BOX 505 NEW HOpE, PA 18938 AaOmcy for: PL~NTIFF Telephone: 215'862-4390 Supreme Co~ ID No. 23754 CURTis R. LONG Prothonotary ~ Deputy this writ is retina, Sheriff's Costs: 15.00 Docketing 1.71 poundage Advertising .50 L/tW Librar~ 1.00 prothonotary 5.92 Mileage 40.00 surcharge 20.00 LeVy Certified Mail post pone Sale Garnishee $ 8'/.13 TOTAL tom according to law, states 150.00 Advance Costs: Sheriff's Costs: ~ $ 6237 Sworn and SubScribed to before me This ~Iday of ~ 2004 Refunded to Arty on 09/20/04 So Answers; .