The URL can be used to link to this page

Home My WebLink About08-0600N IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. pg- 1000 CjV%lTexm STEVEN E. GWIRTZ, ARBITRATION Defendant. 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 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. YOU SHOULD TAKE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 ti IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law T, No. Or- t, &D Cram - VS. STEVEN E. GWIRTZ, Defendant. COMPLAINT ARBITRATION 1. 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 E. GWIRTZ, is an adult individual residing at 517 Cherry Street, Carlisle, Pennsylvania, 17013. 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 Plaintiff s Tariff presently on file with the Public Utility Commission. 1 COUNTI PPL ELECTRIC UTILITIES CORP. VS. STEVEN E. GWIRTZ At all time relevant hereto, Defendant STEVEN E. GWIRTZ, was the owner of the vehicle that hit the active utility pole and overhead facilities. 6. Defendant, STEVEN E. GWIRTZ, while operating a vehicle, damaged property owned by Plaintiff. 7. 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; f) 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; N j) being negligent at the law; 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 struck and damaged a utility pole and wires owned and operated by PPL ELECTRIC UTILITIES CORP. in the vicinity of 20 West Middlesex Road, Carlisle, Cumberland County, Pennsylvania on or about January 13, 2007. 9. Defendant's actions or inaction as set forth above are 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 $7,448.85, including costs and attorneys' fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $7,448.85, including costs, pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOfGIkTES DATED: January 23, 2008 By:_ Anthony ywi 1, Esq. P.O. B 05 New Hope, P . 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that 1 am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are 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 understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unworn falsification to authorities. Dated: January 23, 2008 ? s v ? a i Po z C. ti CASE NO: 2008-00600 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS GWIRTZ STEVEN E TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GWIRTZ STEVEN E was served upon DEFENDANT the , at 0926:00 HOURS, on the 6th day of February-, 2008 at 517 CHERRY ST CARLISLE, PA 17013-1840 STEVEN GWIRTZ 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 3 2 * 8 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/07/2008 KRZYWICKI & ASSOCIATES By. s ;?6 puty Sheriff A.D. 2581 PD IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. STEVEN E. GWIRTZ, Defendant. Civil Action - In Law No. 08-600 Civil Term ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNTI PPL ELECTRIC UTILITIES CORP. VS. STEVEN E. GWIRTZ Kindly enter Default Judgment in favor of Plaintiff, PPL ELECTRIC UTILITIES CORP., and against Defendant STEVEN E. GWIRTZ for failure to plead to Plaintiffs Complaint as follows: Amount Due: $5,420.35 together with interest thereon from the date of judgment forward and all costs of this action. 2581PD I hereby certify follows: 1. The true and Utilities Corp., is 2 2. The true and GWIRTZ, is 517 Cherry to the best of my knowledge and belief as correct address of the Plaintiff, PPL Electric North 9th Street, Allentown, PA 18101. correct address of the Defendant, STEVEN E. Street, Carlisle, CUMBERLAND-Copnty, PA 17013. Krzywic and Assoc _jes DATED: April 15, 2008 By: l 4 orth Su oad P. 0. Box 5 New Hope A 18938 215-86 4390 Attorney for Plaintiff Attorney I.D. 23754 2581PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs STEVEN E. GWIRTZ Defendant Civil Action - In Law No. 08-600 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, STEVEN E. GWIRTZ, 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. Krzywicki anyYAssogiates DATED: April 15, 2008 By: Antho P. Zywi i 49 rt ugan oad P.O ox 505 New Hope, P 215-862-439i Attorney for Plaintiff Attorney I.D. 23754 2581PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs STEVEN E. GWIRTZ Defendant No. 08-600 Civil Term ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF I??(1S?VCS?11C? _.? ss. COUNTY OF b kkj 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, STEVEN E. GWIRTZ, 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, STEVEN E. GWIRTZ, is more than 18 years of age and currently resides at 517 Cherry Street, Carlisle, PA 17013. 3. I have ascertained the above informat' by p¢rE investigation and make this affidavit with du6 authority. Krzvwic Sworn to and subscribed before me this ? day of April 2008 is E NC A ft MiAt AMilII M SWAS Mt WWI Po ft scuuIR I" Mn ?Y My CoOlfflbMOf1 0 piNR No 144. u1! iAi MMAA?ON MIOti?A1i1 M 11MA oMr1A VOODOO ?!l:?II!1 +1Alttft ?t tOMMMgN rflfittlmmeJ yN1 SHERIFF'S RETURN - REGULAR ?.?ASE NO: 2008-00600 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS GWIRTZ STEVEN E 15a ? P? TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GWIRTZ STEVEN E the DEFENDANT .at 0926:00 HOURS, on the 6th day of-February , 2008 at 517 CHERRY ST CARLISLE, PA 17013-1840 by handing to STEVEN GWIRTZ 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 18.00 Service 4.80 Affidavit ._00 Surcharge 10.00 .00 32.80 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 02/07/2008 KRZYWICKI & ASSOCIATES By: day puty Sheriff A.D. 2581PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti it.ies Corp. Plaintiff (Civil Action - In Law vs INo. 08-600 Civil Term STEVEN E. GWIRTZ Defendant (s) AFFIDAVIT OF SERVICE STATE OF COUNTY OF SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, and correct copy of the Notice of Intention to Take to Pa. R.C.P. 237.1 on Defendant(s), by first cl s n 03/17/2008. ??? viiy r nrz cK At o r n for p int K z icki an As c P.O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS Ib DAY OF 2CX?? otary P blic U MMOM Now N10MC FCowaftelon OMMA( ?Al 1tlr1! Nx= cowm Explns MCI 14.2014 served a true ault pursuant 1 on tes ter. JAMMON An WOONAM N MMA aMOi? Nola" Y'MYO* 0313 qw VON& 0i Y!0! ,&( VOM aerlctixj nataromma? yM 2581PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs STEVEN E. GWIRTZ Defendant No. 08-600 Civil Term ARBITRATION NOTICE TO: STEVEN E. GWIRTZ 517 Cherry Street Carlisle, PA 17013 Date: March 17, 2008 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 Krzywicki and Associates By: Anthony P. Krzywic i 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 * i 7 8 r t' co ov S D t r _ -^C CP1 !?? 2581PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: STEVEN E. GWIRTZ 517 Cherry Street Carlisle, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs STEVEN E. GWIRTZ Defendant Civil Action - In Law No. 08-600 Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you ar ereby notifie hat a Judgment has been entered against you in the above proceeding as dic 1.s Pr onotar (XX) Judgment by Default Money Ju Judgment Judgment Judgment Judgment Judgment figment in Replevin for Possession A,l/ag/pg on Award of Arbitration on Verdict 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