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Home My WebLink About08-1950IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. C9 - 1q.50 Cavil IerM THOMAS R. HORVATH and PETER J. HORVATH a/k/a ARBITRATION PETER J. HORVATH JR., Defendants 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 I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. THOMAS R. HORVATH and PETER J. HORVATH a/k/a ARBITRATION PETER J. HORVATH JR., Defendants. COMPLAINT 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, THOMAS R. HORVATH, is an adult individual residing at 12 Jeffrey Road, Mechanicsburg, Pennsylvania 17050. 4. Defendant, PETER J. HORVATH a/k/a PETER HORVATH, is an adult individual residing at 12 Jeffrey Road, 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 Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I PPL ELECTRIC UTILITIES CORP. VS. THOMAS R. HORVATH 6. Defendant, THOMAS R. HORVATH, 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 while under the influence of alcohol. b) operated said vehicle at an excessive rate of speed under the circumstances; C) failed to have said vehicle under proper and adequate control; d) failed to keep a proper lookout; e) operated said vehicle in a reckless and careless manner; f) failed to keep vehicle in the proper lane of travel; g) failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; h) failed to remain alert and attentive under the circumstances; i) operated the vehicle without due regard for the rights, safety and position of the Plaintiff; j) 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; k) being negligent at the law; and 1) 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 overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of Kevin and William Roads, Hampden Township, Cumberland County, Pennsylvania on or about March 25, 2007. 9. Defendant's actions or inactions 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 $4,602.69. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $4,602.69, 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. PETER J. HORVATH a/k/a PETER J. HORVATH JR. 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant PETER J. HORVATH a/k/a PETER J. HORVATH JR. was the owner of the vehicle driven by Defendant THOMAS R. HORVATH that hit the active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, PETER J. HORVATH a/k/a PETER J. HORVATH JR. was responsible for the actions of his agent, THOMAS R. HORVATH. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant PETER J. HORVATH a/k/a PETER J. HORVATH 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, THOMAS R. HORVATH; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant THOMAS R. HORVATH 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 carelessly failing to act with due care and regard 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 f) otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant PETER J. HORVATH a/k/a PETER J. HORVATH JR., Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $4,602.69. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $4,602.69, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & AS,SO"ATES DATED: March 24, 2008 By: onv P. P.O. Bo New pe, PA. 18p'38 (215) 862-4390 ?- Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I 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 unsworn falsification to authorities. Dated: March 24, 2008 rn rT7 0I D 0 •, SHERIFF'S RETURN - REGULAR CASE NO: 2008-01950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS HORVATH THOMAS R ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HARVATH THOMAS R was served upon the DEFENDANT , at 1010:00 HOURS, on the 14th day of April 2008 at 12 JEFFREY ROAD MECHANICSBURG, PA 17050 PETER J HORVATH JR, FATHER 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 HJa.aI 18.00 22.00 .00 10.00 .00 V 50.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/15/2008 KRZYWICKI & ASSOCIATES 011 By: Dep ty heriff of A.D. CASE NO: 2008-01950 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS HORVATH THOMAS R ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HORVATH PETER J AKA PETER J HORVATH JR the DEFENDANT , at 1010:00 HOURS, on the 14th day of April , 2008 at 12 JEFFREY ROAD MECHANICSBURG, PA 17050 PETER J HORVATH JR, FATHER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 Ja 2)o? ? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/15/2008 KRZYWICKI & ASSOCIATES By. LZ ze?z Deput Sheriff of A. D. fKRZYWICKI & ASSOCIATES i Anthony P. Kraywicki, Esquire P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorneys for Plaintiff Attorney I. D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. THOMAS R. HORVATH and PETER J. HORVATH a/k/a PETER J. HORVATH JR., Defendants. Civil Action - In Law No. 08-1950 Civil Term ARBITRATION JUDGMENT BY STIPULATION TO THE Prothonotary: Kindly enter judgment in favor of the Plaintiff, PPL Electric Utilities Corp., and against the Defendants, Thomas R. Horvath and Peter J. Horvath a/k/a Peter Horvath, in the amount of $4,602.69, together with interest at the legal rate from this date forward. DATED: May 27, 2008 Thomas R. Horvath Date 12 Jeffrey Road Mechanicsburg, PA 17050 BY: KRZYWICKI & AS P. Kpfwic}d, Esq. V 'Pete Horvath a/k/a Date Pete orvath 12 Jeffrey Road Mechanicsburg, PA 17050 r-3 a i t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: THOMAS R. HORVATH 12 Jeffrey Road Mechanicsburg, PA 17050 2622PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs THOMAS R. HORVATH Defendant PETER J. HORVATH aka PETER HORVATH Defendant Civil Action - In Law No. 08-1950 Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you ar hereb notifie that a Judgment has been entered against you in the above proceeding dic urtis R. ( ) Judgment by Default P onot y (XX) Money Judgment ( ) 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 +r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: PETER J. HORVATH aka PETER HORVATH 12 Jeffrey Road Mechanicsburg, PA 17050 2622PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs THOMAS R. HORVATH Defendant PETER J. HORVATH aka PETER HORVATH Defendant Civil Action - In Law No. 08-1950 Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you a hereby notifi that a Judgment has been entered against you in the above proceeding Curti on Prothonota y ( ) Judgment by Default (XX) Money Judgment ( ) 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 08-1950 Civil Term THOMAS R. HORVATH and : PETER J. HORVATH a/k/a ARBITRATION PETER J. HORVATH JR., Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on against the Defendants, satisfied and from the record upon payment of your costs only. KRZYWICKI "SSOCIATES DATED: November 26, 2008 BY: Anthony P zywicki, Esquire Attorney 1 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. 23754 "rl t.%