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HomeMy WebLinkAbout08-2169IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. pg_dl(o9 l texm Plaintiff, VS. LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants COMPLAINT ARBITRATION 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants COMPLAINT Civil Action - In Law No. O y-_?/6 4 ARBITRATION 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, LAZARO MIGUEL GONZALEZ, is an adult individual residing at 3035 NW 100th Street, Miami, Florida, 33147. 4. Defendant, AMERICAN BUSINESS LOGISTICS, LLC, is a limited-liability corporation duly organized and existing under the laws of the State of California with its principal place of business at 347 S. Stimson Avenue, City of Industry, California, 91744. 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. LAZARO MIGUEL GONZALEZ 6. Defendant, LAZARO MIGUEL GONZALEZ, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he: 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; f) 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 regard for the rights, safety and position of the plaintiff; 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; 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 utility poles and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 1702 Harrisburg Pike, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, on or about May 1, 2006. 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 $9,136.54. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $9,136.54, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. AMERICAN BUSINESS LOGISTICS, LLC 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant AMERICAN BUSINESS LOGISTICS, LLC was the owner of the vehicle driven by Defendant LAZARO MIGUEL GONZALEZ that hit the active utility poles and overhead facilities. 14. At the time of the aforesaid accident, Defendant, AMERICAN BUSINESS LOGISTICS, LLC was responsible for the actions of its agent, LAZARO MIGUEL GONZALEZ. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant AMERICAN BUSINESS LOGISTICS, LLC 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, LAZARO MIGUEL GONZALEZ; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant LAZARO MIGUEL GONZALEZ 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 AMERICAN BUSINESS LOGISTICS, LLC, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $9,136.54. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $9,136.54, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: March 31, 2008 Respectfully submitted, KRZYWICKI & ASSOCIATES By: New Hope, PA 893 F (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 31, 2008 C31 ' ?v d - : t F t 0 ,It IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. O9 - .210 ? Plaintiff, VS. ARBITRATION LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) ss.. COUNTY OF BUCKS I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the Writ of Summons in the above matter, addressed to Defendant, LAZARO MIGUEL GONZALEZ, at his last-known address, which is 3035 NW 100t' Street, Miami, Florida, 33147, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service on April 10, 2008. A copy of the US eceipt ar exed hereto and made a part hereof. An y P. zywicki, Attorney fo(Daiafiff KRZYWICKI & ASSOCIATES P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA Attorney ID #23754 Sworn to and subscribed before me n c( this 22 day of ft(2L1 , 2008. 0 NO ARY PUBLIC F OIAIM SEAL M GLASGOW otary Public MR WCIIS COWNY on Expires Mar 11, 2012 . _y Postal Ser vice ru m CERTIFIED M AIL,: RECEIPT C3 (Doinestic Mail Only: Provided) M L n FIF1 CIAL USE ,2. C3 O Cordfled Fee v? 0' I' C3 Return Receipt Fee (Endor ment Required) Posfiwk ? ! Flsn O CO (End Requked) a TOW Poctape i Fees $ _%i•t' fu f 6l ltiu N IOZO ` ° °- --- ---------- - A^ arPOBdxAAz rPO ' ? -- --- - .t. --------- I ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the `card to you. ¦ Attach this card to the back of the malplece or on the front if space permits. 1. Article Addressed to: Lawro ?c?vsL1 Gm?ale2 MlGnr,t, 'L 331u"7 2:"Ykrdde W'urnbaC Y ---?` 7005 X " re 0 Agent x O Addiiassee B. by (Prf ) C iv D. Is delivery address different from Item 11 Yes K YES, enter delivery address below: -13 No s. servke type 11 C 0 rtli ed Mail ? Express mail i;4tered 13 Return Recelpt for Merchandise Insu• Mall O C.O.D. rI _R L)Nh!ery't (Extra Feel E3 Yes -PS Form" 3811. February 2004 Domestic Retum 5503 6032 zjc:) L6) I (I ?. ??? ..;-r '" ' ? . _.?yy ,::ear.... .? '„ _J . .. ..mow '- y Y t ?"t • -G. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Civil Term Plaintiff, vs. ARBITRATION LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint against the Defendant(s) in the above-captioned Civil Action for an additional thirty (30) days. KRZYWICKI & ASSOCIATES DATED: May 5, 2008 /?/ BY: Anthony P. Krzywicki, Esq. Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney I.D. 23754 5 Sul b W 0 00 D _f cn j CO IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, VS. LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, Defendants. ARBITRATION AMENDED 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, VS. LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, Defendants. ARBITRATION AMENDED 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, LAZARO MIGUEL GONZALEZ, is an adult individual residing at 3035 NW 100`" Street, Miami, Florida, 33147. 4. Defendant, AMERICAN BUSINESS LOGISTICS, LLC, is an unincorporated business with its principal place of business at 347 S. Stimson Avenue, City of Industry, California, 91744. Defendant, AMERICAN BUSINESS LOGISTICS, LLC, was cancelled as a corporation in 2003. 5. Defendant, NAI CHANG SHEN, is the agent of the unincorporated Defendant, AMERICAN BUSINESS LOGISTICS, LLC. 6. 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. LAZARO MIGUEL GONZALEZ 7. Paragraphs 1 through 6 are incorporated by reference as if fully set forth herein. 8. Defendant, LAZARO MIGUEL GONZALEZ, while operating a vehicle, collided with and damaged property owned by Plaintiff. 9. Defendant negligently operated the vehicle in that he: 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; f) 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 regard for the rights, safety and position of the plaintiff; 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; k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 10. Defendant struck and damaged utility poles and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 1702 Harrisburg Pike, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, on or about May 1, 2006. 11. Defendant's 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 Defendant 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 $9,136.54. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $9,136.54, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. AMERICAN BUSINESS LOGISTICS, LLC and NAI CHANG SHEN 14. Paragraphs 1 through 13 are incorporated as referenced as if fully set forth herein. 15. At all time relevant hereto, Defendant, AMERICAN BUSINESS LOGISTICS, LLC, and Defendant, NAI CHANG SHEN, were the owners of the vehicle driven by Defendant, LAZARO MIGUEL GONZALEZ, that hit the active utility poles and overhead facilities. 16. At the time of the aforesaid accident, Defendant, AMERICAN BUSINESS LOGISTICS, LLC, and Defendant, NAI CHANG SHEN, were responsible for the actions of their agent, LAZARO MIGUEL GONZALEZ. 17. The aforementioned damages were the direct and proximate result of the negligence of Defendant, AMERICAN BUSINESS LOGISTICS, LLC, 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, LAZARO MIGUEL GONZALEZ; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant LAZARO MIGUEL GONZALEZ 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. 18. As a direct and proximate result of the negligence of Defendant, AMERICAN BUSINESS LOGISTICS, LLC, and Defendant, NAI CHANG SHEN, Plaintiff sustained damages as described above. 19. Plaintiff has been damaged in the amount of $9,136.54. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in an amount of $9,136.54, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI &,,ASSOCIATES DATED: July 17, 2008 By: P.O. B 5 Ne o , A 18938 15) 2-4390 Attorney for Plaintiff Attorney I.D. 23754 CERTIFICATE OF SERVICE I hereby certify that on July 17, 2008, a copy of the forgoing Amended Complaint was mailed via First Class Mail to the following by placing same in a depository under the exclusive care and custody of the United States Postal Service addressed to the last-known address for Defendants' counsel or Defendant: Lazaro Miguel Gonzalez 3035 NW 100"' Street Miami, FL 33147 KRZYWICKI & ASSOCIATES DATED: July 17, 2008 By: P.ew11 ox 505 e, P (215 90 Attorney for Plaintiff Attorney I.D. 23754 Esquire VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, 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 unworn falsification to authorities. Dated: July 17, 2008 f) ''`' c-::r r.. ` ?::> .l ..? . E..._ ......q ._ - ? _ Ms•? ?? -- ? t IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, vs. ARBITRATION LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants. PRAECIPE TO AMEND CAPTION AND COMPLAINT TO THE PROTHONOTARY: Kindly amend the within body of Complaint and amend the caption of this Civil Action to read as follows: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, vs. ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, : Defendants. KRZYWICKI &,ASOCIATES DATED: July 17, 2008 BY: rr Anthpny P. KrzywirK Attorney for PI ' 'ie P. P. Box N ope, PA 18938 (215) 862-4390 Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action In Law No. 08-2169 Plaintiff, vs - ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, Defendants. PRAECIPE TO REINSTATE AMENDED COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Amended Complaint against the Defendant(s) in the above-captioned Civil Action for an additional thirty (30) days. SOCIATES DATED: August 25, 2008 BY: (Ainy P. 'cki Attorney VarTlaintiff P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney I.D. 23754 -TI W C> c-a oQ © 1y f ' €?? ? c rr, 70 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., : Civil Action - In Law No. 08-169 Plaintiff, VS. LAZARO MIGUEL GONZALEZ, ; AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, ; Defendants STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) AFFIDAVIT OF SERVICE SS.: I, Anthony P. Krzywicki, Attorney for Plaintiff, served a t Complaint in the above matter, addressed to Defendant, NAI CHAT address, which is 2024 Brighton Street, Apt P, San Gabriel, Californi with Certificate of Mailing under the exclusive care and custody Service on September 16, 2008. A copy of the Certificate of Mailing made a part hereof. e and correct copy of the I SHEN, at his last known 91776, by First Class Mail the United States Postal ceipt is annexed hereto and & ASSOCIATES Sworn to before me this day of 2008. NOT Y PUBLIC NoWIft seAt AMY M CLAsrOW "W" Pubft E UWAY M NICOM COWIN IMY COmM% pn ExpM" Mw 14. "it By: P. O New Hop Attorney ] (215) 862, PA 18938 No. 23754 X390 UN/TED ST"TES POST/JL SERVKE® Certificate Of M This Certificate of Mailing provides evidence that mail has been resented to USPS® for P This form may be used for domestic and international mail ilin ailii o ? . From: o C3 m a to Krzywicki & Associate s P.O. Box 505 : -- New Hope, PA 18938 i To: Dfn m c Z Olq a-5 i3t 4 o0 - -e - "rr m 1 qq PS Form 3817, April 2007 PSN 7530-02-000-9065 L?z?'- r-Jp ra • `yY .> C IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, Defendants STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) AFFIDAVIT OF SERVICE SS.: I, Anthony P. Krzywicki, Attorney for Plaintiff, served a Complaint in the above matter, addressed to Defendant, AMERIC. LLC, at their last known address, which is 2024 Brighton Street, A 91776, by First Class Mail with Certificate of Mailing under the excli United States Postal Service on September 16, 2008. A copy of the is annexed hereto and made a part hereof. TION xe and correct copy of the V BUSINESS LOGISTICS P, San Gabriel, California, ive care and custody of the 'enificate of Mailing receipt Sworn to before me this 6" day of QC ? C, 2008. a NOTAWV PUBLIC "W" pubft 1MV WNW TWv NCO COWW Comdp01on bpk" MW 14, n12 Civil Acton - In Law No. 08-2169 By: P. O. BSx New Hop Attorney (215) 862 505 PA 18938 D No. 23754 TES UNITED STATES r POSTAL SERVICEe Certificate Of Mai i This Certificate of mailing provides evidence that mail has been presented to USPS® for This form may be used for domestic and international mail ai ? c IS . From: o pm Krzywicki & Associates Y - P.O. Box SOS - New Hope, PA 18938 v . v 2?}/y`?-1 e I f t `A S ?" 09? I ??®1 00 W U Z- W T/00 ?'" 111 i{'il l? W oorn 0 om v1 C y M M M PS Form 3817, April 2007 PSN 7530-02-000-9065 c"? ?v L4:. r ??? t:x? ?1 Q `' ° r-? ?y _-, ;?? ?, ,? ? ?;;? _ - ?J i ?; ( t r ?` o• _???? ? ?.?,.,.r .?l `+ 4°"* '+? r 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS, LLC Defendant NAI CHANG SHEN Defendant Civil Action - In Law No. 08-2169 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. LAZARO MIGUEL GONZALEZ Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, LAZARO MIGUEL GONZALEZ for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 6746.04 $ 2300.00 Voy- ©?e $ !a, 00 $ q, 056, oq together with interest thereon from the date of judgment forward and all costs of this action. ,? oa ?Q ¢ ? ? '-`.. Q ?„ 2628PD 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, LAZARO MIGUEL GONZALEZ, is 3035 NW 100th Street, Miami, MIAMI-DADE County, FL 33147. Krzywicki afd AssVc? s DATED: November 14, 2008 By: Anzno r tcrz icxi 49 No Sug P. 0. Box 50 New Hope, 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS, LLC Defendant NAI CHANG SHEN Defendant Civil Action - In Law No. 08-2169 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, LAZARO MIGUEL GONZALEZ, 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 ,-efid Ass4c_,ates DATED: November 14, 2008 By: Ancn y Y xrz 71cK1 49 ort Suga koad P. ox 505 Ne ope, P 8938 215-862-43 Attorney for Plaintiff Attorney I.D. 23754 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS, LLC Defendant NAI CHANG SHEN Defendant No. 08-2169 ARBITRATION NOTICE TO: LAZARO MIGUEL GONZALEZ 3035 NW 100th Street Miami, FL 33147 Date: October 15, 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 sett 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 an ssoci?tes BY Antho P. rzy cki 49 N th uga -ad P.O B 505 Ne ope, P 18938 215-862-43 0 Attorney or plaintiff Attorne 3754 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant (s) Civil Action - In Law No. 08-2169 AFFIDAVIT OF SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON SS. 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 Defendant(s), by first cla mai on 10/15/2008. Anth y Krz icki Att rn for aintiff, Kr icki a oc tes P.O. Box 5 New Hope, A 18938 PA ID## 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS IuM DAY OF I We(n r tC , LdR ovary public NOTARIAL SEAL AMY M GLASGOW Wary ?ubft sousm 1WP, WCKS Cow= MY Commission Expires Mar 14.2012 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS, LLC Defendant NAI CHANG SHEN Defendant No. 08-2169 ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY ss. COUNTY OF HUNTERDON 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, LAZARO MIGUEL GONZALEZ, 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, LAZARO MIGUEL GONZALEZ, is more than 18 years of age and currently resides at 3035 NW 100th Street, Miami, FL 33147. 3. I have ascertained the above informati by ersonal investigation and make this affidavit with du author . c Sworn to and subscribed before me this 14 day of November 2008 OW otary vuniic NOTARUL IM AMY M GIASOM Noun pubft SO ISM 1WR IMKS C0UN1Y My Commission ExpNos Mor 14. 2011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. Plaintiff, vs. ARBITRATION LAZARO MIGUEL GONZALEZ and AMERICAN BUSINESS LOGISTICS, LLC, Defendants. AFFIDAVIT OF SERVICE = -- nr STATE OF PENNSYLVANIA) COUNTY OF BUCKS I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct cdpy o the Writ of Summons in the above matter, addressed to Defendant, LAZARO MIGUEL. GONZALEZ, at his last-known address, which is 3035 NW 100th Street, Miami, Florida, 33147, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service on April 10, 2008. A copy of the LISPS rec ' annexed hereto and made a part hereof. y P. P.O. Box`505 New Hope, PA. 18938 (215) 862-4390 PA Attorney ID 923754 Sworn to and subscribed before me this Z) )"day of__ Dvc? 1, 2008. N WARY PUBLIC M GLASGOW awy FUWtc FCM0M1M1U1Ny1on o"m SEAL rwp,, WCKS COVIM Expires Mar 14. 2012 Z-6 i Postal ru m CERTIFIED M AIL, RECEIPT ° (Domestic Mail On/y,- No Insurance Coverage Provided) M Ln For delivery information visit our website at ' Lr) C3 ° Certified Fee ° Return Reoslpt Fee (Endorsement Required) Elk ry POStmark Here C3 Restriged Delivery Fee (Endorsement Required) D- i^ ru Total Postage & Fees i.r1 C3 ° nF o ZG rv M --v?ea f n7?a l .. . ............ r Po eax Na I ? J N ? f . .. . . City State ZIP+4 ,i ryn - . x! .......... i,FL3 I ¦ complete items 1, 2, and 3. Also complete Item 4 'If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: L q wru IM +? ?t712Ct Q Z Ml orn'' L 331?? X B, ved by (P^tf ) C 4za /7- r (,LEI D. Is delivery address different from Item 1? If YES, enter delivery address below! 13 Agent 1 Emus Mail ? Retum Receipt for Merchandise 2. Arttcle?Numbec.,, 7005 ; (Mm91Wr from service PS Form 3811, February 2004 Domestic Return Receipt Delivery? (E%ta Fee) ? Yes 5503 6032 1 , ;F„ C7 C7 - ? r ? n W 1 Fn 0 4z i? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, vs. LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, Defendants ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNTI PPL Electric Utilities Corp. vs. Nai Chang Shen Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corp., and against Defendant, Nai Chang Shen, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 6,746.04 Fees: $ 2,300.00 Court Fees: $ 78.80 Service Costs: $ 12.00 TOTAL: $ 9,136.54 together with interest thereon from the date of judgment forward and all costs of this action. 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 Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant, Nai Change Shen, is 2024 Brighton Street, Apt P, San Gabriel, California, 91776. KRZYWICKI &-ASS4W-,IATES Dated: December 18, 2008 uire i y: 4 Road Anth gBox505 0. New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS LLC Defendant NAI CHANG SHEN Defendant Civil Action - In Law No. 08-2169 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, NAI CHANG SHEN, 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 y-rfid Ass,&i DATED: December 18, 2008 By: Antho y P. zyw xi 49 N th ugan P.O. x 505 New Hope, P 18938 215-862-4 0 Attorne or Plain iff Attorney I.D. 23754 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS, LLC Defendant NAI CHANG SHEN Defendant Civil Action - In Law No. 08-2169 ARBITRATION NOTICE TO: NAI CHANG SHEN 2024 BriVhton St., Apt P San Gabriel, CA 91776 Date: November 14, 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 ob)ections 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 By. 49 ort Sugan oad P. ox 505 New Hope, PA 18938 215-862-4390 Attorney for aintiff Attorney T.D. 23754 s IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and NAI CHANG SHEN, ; Defendants STATE OF PENNSYLVANIA) COUNTY OF BUCKS ) AFFIDAVIT OF SERVICE ss.: Civil Action - In Law No. 08-2169 ARBITRATION 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. 23 efendant(s), by first class mail on November 14, 2008. Esquire tt for Plai ff KRZYWICKI ASSOCIATES P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA. Attorney ID #23754 Sworn to and subscribed before me this b1ay of h-,-,,r, 2008. &&??0/1-a?o TARY PUBLIC ?w sEr?t "am ? NXEPW M WCU= COway IMyV Comminion Expiroi Mar 14.20121 2628PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs LAZARO MIGUEL GONZALEZ Defendant AMERICAN BUSINESS LOGISTICS LLC Defendant NAI CHANG SHEN Defendant Civil Action - In Law No. 08-2169 ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON Ss. 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, NAI CHANG SHEN, 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, NAI CHANG SHEN, is more than 18 years of age and currently resides at 2024 Brighton St., Apt P, San Gabriel, CA 91776. 3. I have ascertained the above info investigation and make this affidavit with on by,#ersonal autrXrlty. zvwa-tk1 Sworn to and subscribed before me this P?'dday of December 2008 z3r otary PJubiic NOTARIAL SEAL o" " w N %Xlrjg1l TMR, WjC.Kg COUNtY my Cgnmistion ExpUet Mar 14, 2012 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law No. 08-2169 Plaintiff, vs. ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS, LLC, and ' C) NAI CHANG SHEN, -Vf.C ca MUD C-) rn Defendants. rn AFFIDAVIT OF SERVICE ?. - a`ri STATE OF PENNSYLVANIA ) SS.: COUNTY OF BUCKS I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, NAI CHANG SHEN, at his last known address, which is 2024 Brighton Street, Apt P, San Gabriel, California, 51776, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on September 16, 2008. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZY) ICKI & ASSOCIATES By: Atfo-rngfr Plaintiff P. O. Box 505 New Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 Sworn to before me this ?b day of - °1h , 2008. NOTAWY PUBLIC NOMRIAL SEAL "Ofty ?ubliC 1MV-C0nW0$$10n Exp{rft Mat 14.20121 AMY M GLASGOW =OLEWRY MR, WCK'S COYNIY 444. W 71) ? , .cam a.U KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-2169 VS. ARBITRATION LAZARO MIGUEL GONZALEZ AMERICAN BUSINESS LOGISTICS LLC, NAI CHANG SHEN, Defendants. MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, PPL Electric Utilities Corp., moves the Court to enter an order in the form attached, directing Defendant, Nai Chang Shen, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories Directed to Defendant, Nai Chang Shen, on February 19, 2009. (See Exhibit A) 2. No answers or objections to Plaintiff's Interrogatories Directed to Defendant, Robert Longenberger, have been received by Plaintiff as of the date of this motion. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. respectfully requests the Court to enter an order-directing Defendant, Nai Chang Shen, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. DATED: April 22, 2009 Respectfully submitted, KRZYWICKI By: TES EXHIBIT A KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. Civil Action - In Law No.: 08-2169 LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS LLC, NAI CHANG SHEN, Defendants. INTERROGATORIES TO DEFENDANT, NAI CHANG SHEN FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, PPL Electric Utilities Corp. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; C. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with PPL Electric Utilities Corp. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: February 19, 2009 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. Civil Action - In Law No.: 08-2169 LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGISTICS LLC, NAI CHANG SHEN, Defendants. VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. Nai Chang Shen 2024 Brighton Street, Apt P San Gabriel, CA 91776 KRZYWICKI & ASSOCIATES DATED: February 19,2009 Anthony P. Krzywicki, Esquire Attorney for Plaintiff KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-2169 VS. ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAN BUSINESS LOGITICS LLC, NAI CHANG SHEN. Defendants. MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DISCOVERY I. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, PPL Electric Utilities Corp., to recover sums due from damages to their property. Plaintiffs Interrogatories Directed to Defendant, Nai Chang Shen, were served on Defendant on February 19, 2009. Plaintiff has received no answers or objection to Plaintiff's Interrogatories Directed to Defendant, Nai Chang Shen, no answers have been produced and no extension of time to answer has been requested by the Defendant. II. DISCUSSION Defendant's failure to answer Plaintiffs Interrogatories Directed to Defendant, Nai Chang Shen, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a) (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally, Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make ...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co., 268 Pa. Super. 245, 407 A.2d 1338 (1972), the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order, in the form attached, directing Defendant to comply with Plaintiff s discovery requests. Respectfully submitted, DATED: April 22, 2009 BY: KRZYWICKI & ASSOCIATES CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Nai Chang Shen 2024 Brighton Street, Apt. P San Gabriel, GA 91776 DATED: April 22, 2009 KRZYWICKI & ASSOCIATES By: nthony P zl icki, Esquire PO A 1$938 (215)JO92-4390 Attorney for Plain . Attorney ID 23754 FILE OF THE- P-7. 2M AIIR 27 PH 12: TS L ., KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-2169 vs. ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAL BUISNESS LOGISTICS, LLC, NAI CHANG SHEN, Defendants. AMENDED MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, PPL Electric Utilities Corp., moves the Court to enter an order in the form attached, directing Defendant, Nai Chang Shen, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, Nai Chang Shen, on February 19, 2009. (See Exhibit A) 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, Nai Chang Shen, have been received by Plaintiff as of the date of this motion. 3. A Judge has not ruled upon any other issues in this matter. 4. There is no opposing counsel of record. r WHEREFORE, Plaintiff, PPL Electric Utilities Co to enter an order-directing Defendant, Nai Chang Shen, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, DATED: June 5, 2009 E , P.C. kA7V777TrT?t ??iLf U.a;?t-1V OF (?iE FM` "I.-,(i,?0TA Y 2009 JUN I I F 2: 4 0 RHO 16YIIA"' '?"tiA r APR 2 8 200?j IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-2169 vs. ARBITRATION LAZARO MIGUEL GONZALEZ, : AMERICAL BUISNESS LOGISTICS, LLC, NAI CHANG SHEN, Defendants. ,y ORDER r 1'1 AND NOW, this 1P day of 'Ton , 2009, upon consideration of Plaintiff's Motion to Compel Discovery, it is hereby ORDERED AND DECREED: a. Defendant, Nai Chang Shen, is directed to provide full and complete answers to Interrogatories within thirty (30) days of the date of this Order; and b. Defendant, Nai Chang Shen, is required to respond fully and completely to each discovery request item by item, in accordance with the Rules, within thirty (30) days of the date of this Order; and C. Defendant, Nai Chang Shen, is required to produce for inspection and copying by Plaintiff all documents responsive to Plaintiff's document request within thirty (30) days of the date of this Order, or sanctions may be imposed which will include precluding Defendant from submitting evidence at Arbitration or Trial hearing. In the alternative, may file within ten (10) days of service hereof' a motion for hearing. BY THE COURT ti FILED .4 DF THE PP:?"?9. 2004 JUN 15 PM 2: 56 16, sY UML - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-2169 vs. ARBITRATION LAZARO MIGUEL GONZALEZ, AMERICAL BUISNESS LOGISTICS, LLC, NAI CHANG SHEN, Defendants AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Order for Plaintiffs Motion to Compel Discovery in the above matter, addressed to Defendant, Nai Chang Shen, at his last known address, which is 8009 Newmark Avenue, Rosemead, California, 91770, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on June 22, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. By; Sworn to before me this Z'S^Aday of 2009. 1?7 J? NOTARY PUBLIC NOTAltim SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mor 14, 2012 New Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 Z-60?PL:? U.S. POSTAL SERVICE CERTIFICATE OF MAILINU MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Z PROVIDE FOR INSURANCE-POSTMASTER ° C L o Received From: c MYMIOU & ASSOCIATES r? .rid ti 1110 BOYS 6" ROM PA 1" r . v,rF One piece of ordinary mail addressed to: C m a OWl. CNr-VR?-o Ut,o q RZ?? Y7Ct (k ?y7t3''1t.lL? o°oUn Z-.W:0 3> (l St n a ?? d 1 CE q)-7'7 m PS Form 3817, January 2001 Ze, 2e t'r--? crct fr {?.r tz?kn -n C n-r - FI! EL,_; :r 2 JUI125 i i'i [ , L '