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HomeMy WebLinkAbout08-3478IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. CI-08-01668 vs. JAMES KING and ARBITRATION CARLISLE LOGISTICS SERVICES, INC., : b$_ 3478 a/k/a CLS, 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 Civil -F-M IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. JAMES KING and CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS, Defendants. Civil Action - In Law No. CI-08-01668 ARBITRATION )4.oP- 3`i 7F Cc;,u - 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, JAMES KING, upon information and belief, is an adult individual whose present whereabouts are unknown. 4. Defendant, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, is a Pennsylvania corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 6380 Brackbill Boulevard, Mechanicsburg, Pennsylvania, 17055. 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. COUNTI PPL ELECTRIC UTILITIES CORP. VS. JAMES KING 6. Defendant, JAMES KING, 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 a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 715 Fountain Avenue, Lancaster, Lancaster County, Pennsylvania, on or about December 18, 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 $6,237.50. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $6,237.50, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, was the owner of the vehicle driven by Defendant JAMES KING that hit the active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, was responsible for the actions of its agent, JAMES KING. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, 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, JAMES KING; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant JAMES KING 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, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $6,237.50. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $6,237.50, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: June 3, 2008 Respectfully submitted, KRZYWICKI &AISSMIATES P.O4dsx'S05 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 , Esq. 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: June 3, 2008 00 d v ?T r N C?o C) C..? ?T r7l -'G O SHERIFF'S RETURN - REGULAR CASE NO: 2008-03478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS KING JAMES ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CARLISLE LOGISTICS SERVICES INC., A A CLS the DEFENDANT , at 1850:00 HOURS, on the 13th day of June 2008 at 6380 BRACKBILL BLVD MECHANICSBURG, PA 17055 by handing to JOHN DICKMAN, DRIVER MANAGER, ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 10 . 0 0r??? ?- " Affidavit .00 h Surcharge 10.00 R. Thomas Kline .00 cfIQ(7? 38.00 06/16/2008 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: before me this day Deput Sheriff of A.D. was served upon IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No. 08-3478 Civil Term ARBITRATION JAMES KING and CARLISLE LOGISTICS SERVICES, INC., : a/k/a CLS, Defendants. PRAECIPE TO REINSTATE 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. KRZYWICKI & ASSOCIATES DATED: June 27, 2008 BY: i, Esq . tno =1ain A-tto'mey for ff P.O. Box 505 New Hope, PA 189 (215)862-4390 Attorney I.D. 23754 C xj Q LIM t c? to ^? 4e IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. JAMES KING and CARLISLE LOGISTICS SERVICES, INC., : a/k/a CLS, Defendants. Civil Action - In Law No. 08-3478 Civil Term ARBITRATION 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 Amended Complaint in the above matter, addressed to Defendant, JAMES KING, at his last known address, which is 13480 S. Thorntree Drive, Apt 1001, Houston, Texas, 77015, by First Class Mail with Certificate of Mailing under the exclusive care ustody of the United States Postal Service on July 14, 2008. A copy of the Certificate of ailin receipt is annexed hereto and made a part hereof. P. Krz , Esquire for Plai iff Sworn to and subscribed before me this day of C St , 2008. NOTARY PUBLIC NOWAK !EK MW M OtAiOOW Nobly AMC [my ouriRy VW MICR! C0W W O"W"M 0? MW 14. UM P.O. Box 50 New Hope, 4 18938 (215) 862-4390 PA Attorney ID No. 23754 M 1? ~ vow* vimo:) saw ow Y$W&KA ?. 7"1 ) UNITED STATES POSTAL SERVICE ® T """ `°° 'W "'°'? or JU Certificate Of Mailir This Certificate of Mailing provides evidence that mail has been presented to USPSS for mail Ths form may be used for domestic and international mail. 0.2 From: C) ?Iw 0 0 Krzywicki & Associates„ ?. Flo m. P.O. Box 505 - New Hope, PA 18938 To: cc :Dr- X: =0 i LOCO OM 00 0, Z. W-OC30 M PS Form 3817, APHI 2007 PSN 7530-02-000-9065 -? ? .? rr; ?... ?? t ? ? ? ? ?: +rti _ a ?! t Vic:' ?GG 1"Y ,,,? :? Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 PPL ELECTRIC UTILITIES Plaintiff, Attorneys for Defendant, James King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 V. JAMES KING, and CIVIL ACTION - LAW CARLISLE LOGISTICS SERVICES, INC. Defendants ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Defendant, James King, (hereinafter "Defendant") by and through his attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: 1. Admitted in part; denied in part. Admitted that this is an action brought by plaintiff to recover damages from Defendants. It is denied that Defendant caused damages to plaintiff. 2. Admitted. 3. Admitted in part; denied in part. Admitted that Defendant, James King is an adult individual. It is denied that his whereabouts are unknown. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and strict proof is demanded at time of trial. 5. Admitted upon belief. COUNTI PPL Electric Utilities Corp. v James King 6. Denied. Answering Defendant denies colliding with and damaging property owned by plaintiff. 7.-9. Denied. The allegations contained in paragraph 7 constitute conclusions of law to which no responsive pleading is required. By way of further answer, the allegations in paragraph 7 are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. To Defendant's knowledge, suit was the first notice of such claims being made against Defendant. It. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. COUNTII PPL Electric Utilities Corp. v Carlisle Logistics Services, Inc. a/k/a CLS 12. The answers to paragraphs 1 through 1, above, are incorporated herein by reference as though set forth in full. 2 13-17. Denied. The allegations contained in paragraphs 13 through 17, inclusive, constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 13 through 17, inclusive, including the allegations of ownership of the vehicle and/or the allegations of agency, since answering defendant has no knowledge of Carlisle Logistics Services, Inc., and strict proof is demanded at time of trial. By way of further reply, the allegations in Count II are directed to a party other than Answering Defendant, so no reply is necessary from Answering Defendant. WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. NEW MATTER 18. Defendant asserts all defenses available to him under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. 1701, et seq. 19. If the accident occurred as alleged, the acts or omissions of Defendant, if any, were not the factual cause of the accident or of the damages alleged to have resulted therefrom. 20. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendant. 21. Plaintiffs claims are barred by the applicable statute of limitations. 22. Some or all of Plaintiffs alleged damages were not causally related to the subject motor vehicle accident. 3 23. Some or all of Plaintiffs alleged damages were caused by parties other than Answering Defendant, James King. FORRY ULLMAN By. `?'?? r OMAS A. WIMMER, ESQUIRE 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King 4 VERIFICATION I, THOMAS A. WIMMER, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant to make this verification on behalf of Defendant that the signature of the Defendant to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. FORRY ULLMAN By: T OMAS A. WIMMER, ESQUIRE Date: October 10, 2008 Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION - LAW PROOF OF SERVICE 1, THOMAS A. WIMMER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Answer with New Matter by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: j '. /--.. ? , HOMAS A. WIMMER, ESQUIRE Date: October 10, 2008 s ?? N R ? Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant, JAMES KING, only, in the above case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110, as the place notices and papers other than original process may be served. FORRY ULLMAN By: THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 4 Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION - LAW CARLISLE LOGISTICS SERVICES, INC. Defendants PROOF OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Entry of Appearance by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: Z? z A, /': ? '20" ? - T OMAS A. WIMMER, ESQUIRE Date: October 10, 2008 VE N KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. Attorneys for Plaintiff Attorney Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., I Plaintiff, Civil Action - In Law VS. No.:08-3 78 JAMES KING and CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS, Defendants. S G'S 18. Denied as a conclusion of law to which no answer is deemed required. 19. Denied. To the extent, the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. 20. Denied as a conclusion of law to which no answer ?s deemed required. 21. Denied as a conclusion of law to which no answer is deemed required. 22. Denied as a conclusion of law to which no answer ?s deemed required. 23 Denied. To the extent, the allegations of the Corresponding paragraph constitute factual averments, the same are deemed to be denied Niue to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. pra?s that this Honorable Court enters judgment against Defendants and in favor of Plaintiff, PPL Electric Utilities Corp., with costs. TES Dated: October 15, 2008 BY: , rzy*ki, %squire 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 officer 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. KRZYWICKI Dated: October 15, 2008 TES Esquire 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 depositor under the exclusive care and custody of the United States Postal Service to delivery, v?a first class mail, to the following: Forry/Ullman Attorneys at Law 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attn: Thomas A. Wimmer, Esquire Dated: October 15, 2008 B S-1 Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 PPL ELECTRIC UTILITIES Plaintiff, Attorneys for Defendant, James King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants NO. 08-3478 CIVIL ACTION-LAW ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Defendant, James King, (hereinafter "Defendant") by and through his attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: 1. Admitted in part; denied in part. Admitted that this is an action brought by plaintiff to recover damages from Defendants. It is denied that Defendant caused damages to plaintiff. 2. Admitted. 3. Admitted in part; denied in part. Admitted that Defendant, James King is an adult individual. It is denied that his whereabouts are unknown. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and strict proof is demanded at time of trial. 5. Admitted upon belief. COUNTI PPL Electric Utilities Corp. v James King 6. Denied. Answering Defendant denies colliding with and damaging property owned by plaintiff. T-9. Denied. The allegations contained in paragraph 7 constitute conclusions of law to which no responsive pleading is required. By way of further answer, the allegations in paragraph 7 are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. To Defendant's knowledge, suit was the first notice of such claims being made against Defendant. 11. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded 2 costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. COUNT II PPL Electric Utilities Corp. v Carlisle Logistics Services, Inc. a/k/a CLS 12. The answers to paragraphs 1 through 11, above, are incorporated herein by reference as though set forth in full. 13-17. Denied. The allegations contained in paragraphs 13 through 17, inclusive, constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 13 through 17, inclusive, including the allegations of ownership of the vehicle and/or the allegations of agency, since answering defendant has no knowledge of Carlisle Logistics Services, Inc., and strict proof is demanded at time of trial. By way of further reply, the allegations in Count II are directed to a party other than Answering Defendant, so no reply is necessary from Answering Defendant. WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. 3 NEW MATTER 18. Defendant asserts all defenses available to him under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. 1701, et seq. 19. If the accident occurred as alleged, the acts or omissions of Defendant, if any, were not the factual cause of the accident or of the damages alleged to have resulted therefrom. 20. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendant. 21. Plaintiffs claims are barred by the applicable statute of limitations. 22. Some or all of Plaintiffs alleged damages were not causally related to the subject motor vehicle accident. 23. Some or all of Plaintiffs alleged damages were caused by parties other than Answering Defendant, James King. FORRY ULLMAN By: d? n ? X-" V, 4- V-- - - - ?; ? THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 l r J?`? $ (717) 441-9257 DATE: Attorneys for Defendant, James King 4 VERIFICATION I, THOMAS A. WIMMER, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant to make this verification on behalf of Defendant that the signature of the Defendant to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. FORRY ULLMAN d."4' 6l/.?1 By: THOMAS A. WIMMER, ESQUIRE Date: 5 VERIFICATION I, JAMES E. KING, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; that the language of the Answer with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. /"" , f Date: V r V'6? J E. KING PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 08-3478 JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants CIVIL ACTION-LAW PROOF OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Answer with New Matter by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: 1z6W01';;P X. ??L ?- Tt4OMAS A. WIMMER, ESQUIRE Date: ?- f L? - fj g 6 N ?:? c n? a -? ? .. w? .j? ..:.T x wv { t ? r _ `" a KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. Attorneys for Plaintiff Attorney Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action -- In Law vs. No.: 08-3478 JAMES KING and CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS, Defendants. PLAINTIFF'S ANSWER TO DEFENDANT JAMES KING'S NEW MATTER 18. Denied as a conclusion of law to which no answer is deemed required. 19. Denied. To the extent, the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. 20. Denied as a conclusion of law to which no answer is deemed required. 21. Denied as a conclusion of law to which no answer is deemed required. 22. Denied as a conclusion of law to which no answer is deemed required. 23 Denied. To the extent, the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. prays that this Honorable Court enters judgment against Defendants and in favor of Plaintiff, PPL Electric Utilities Corp., with costs. Dated: November 18, 2008 BY: KRZYWICKI & ASSOCIATES S, 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 unsworn falsification to authorities. Dated: November 18, 2008 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 delivery, via first class mail, to the following: ForryMlman Attorneys at Law 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attn: Thomas A. Wimmer, Esquire Dated: November 18, 2008 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Identification #23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. JAMES KING and CARLISLE LOGISTICS SERVICES, INC., Civil Action In-Law : No. 08-3478 a/k/a CLS, Defendants. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT, JAMES KING Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of Requests for Admissions to be answered separately by the Defendants. Defmitions 1. The words "you" and "your" mean each Defendant or person(s) acting or purporting to act on his or its behalf. 2. The words "person" and "persons" mean all entities, but not limiting the generality of the foregoing all individuals, associations, companies, partnerships, joint ventures, corporations, trusts, estates, public agencies, departments, bureaus, and boards. 3. The words "identity" and "identity," when used with respect to an individual mean to state the full name and present or last known address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" means to state the corporation's full name, date and state of incorporation, and the address of its principal place of business. When used with respect to an individual, "identify" or "identity" mean to state full name and last known address. Instructions 1. All information is to be divulged which is in the possession of the defendant, his/her attorney or former attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing requiring that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you cannot fully admit the matter. If, in good faith, you qualify any answer or deny any part of a matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. Pursuant to Pa. R.C.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted Requests 1. On or about December 18, 2006, you operated a tractor-trailer for American Warehouse delivering a "load" to Lancaster, Pennsylvania. 2. On or about December 15, 2006, while operating the tractor-trailer you picked up American Warehouse's "load" in Houston, Texas 3. On or about December 18, 2006, while in the course of your employment duties, you were operating the tractor-trailer, in the vicinity of 715 Fountain Avenue, Lancaster, Lancaster County, Pennsylvania. 4. On or about December 18, 2006, while in the course of employment duties, the tractor-trailer that you were operating struck and damaged a utility pole. 5. On or about December 18, 2006, after the utility pole was struck and damaged, you fled the scene. 6. You were the driver of the tractor-trailer involved in the incident on or about December 18, 2006, which is the subject of this litigation. KRZYWICKI "SOVIATES Dated: January 21, 2009 BY: Esquire CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Plaintiff's First Request for Admissions Directed to James King by depositing a true copy of same in a depository under the exclusive care and custody of the United States Postal Service, via first class mail, and in a prepaid envelope addressed as follows: Thomas A. Wimmer, Esquire Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Carlisle Logistics Services, Inc. PO Box 1549 Mechanicsburg, PA 17058 Dated: January 21, 2009 B M1..._ ?, .._?;t c.. ?.. ?? ?? i:. rs.+ _, _ ?., ??;: ? ?: a ? --- :3: r? ==i .. ``? ,.> `- ?; Sheriffs Office of Cumberland County R Thomas Kline 4'04?'w of cumbrr4, Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0MCE C,7 THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/03/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Colormill, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Subpoena according to law 04/09/2009 Lancaster County Return: And now April 9, 2009 at 1637 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Subpoena, upon the within named defendant, to wit: Colormill by making known unto Peter Saitis, Chief Financial Officer, at 715 Fountain Avenue, Lancaster, Pennsylvania 17601 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, April 30, 2009 R THOMAS KLINE, SHERIFF 2008-3478 PPL Electric Utilities Corp. VS Colormill 7' Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 2010 FEES 17 P1 1: 32 1tiTY V 1 6,1t ?*Ui a CU" Attorneys for Defendant, James King PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff, V. NO. 08-3478 JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants CIVIL ACTION-LAW MOTION FOR SUMMARY JUDGMENT OF JAMES KING Defendant, JAMES KING, by and through his attorneys, Forry Ullman, files the instant Motion for Summary Judgment, and in support thereof, states as follows: 1. This matter arises from property damage that allegedly took place at 715 Fountain Avenue, Lancaster, PA at 3:05 a.m. on December 18, 2006. 2. Plaintiff contends that Defendant, James King operated a vehicle that struck or otherwise damaged a utility pole owned by Plaintiff. 3. As a result of the foregoing, Plaintiff commenced an action at Civil Action Number 08- 3478 against Defendants James King and Carlisle Logistics Services, Inc. sounding in negligence seeking money damages. See Complaint attached hereto as Exhibit "A". 4. Defendant James King filed an Answer with New Matter to the Complaint, denying knowledge of any incident concerning property damage. See Answer attached hereto as Exhibits "B." 5. Defendant served written discovery requests on Plaintiff, seeking facts in support of Plaintiff's allegations against Defendant, which Plaintiffs ultimately answered. See Defendant's cover letter of January 12, 2009 with copies of Interrogatories and Requests for Production of Documents to Plaintiffs counsel, together with Plaintiff's responses, collectively attached as Exhibit "C". 6. Defendant James King sent numerous requests for information to Plaintiff's counsel, dated 2/26/09, 3/25/09, 5/20/09,and 7/6/09, seeking evidence of Defendant's involvement in this damage. Copies of that correspondence is attached collectively hereto as Exhibit "D". 7. Defendant, James King then served Requests for Admissions with Notice to Plead on Plaintiff on August 10, 2009 to secure answers to the outstanding issues. Copies of the Requests for Admissions, with attachements, is attached hereto as Exhibit "E". 8. Plaintiff did not reply to the Requests for Admissions by Answer or Objection and more than thirty (30) days have passed since they were served. (In fact, about six months has transpired without response.) 9. Pursuant to Pa. R.C.P. 4014, the factual averments contained in the Requests for Admissions are deemed to be ADMITTED by plaintiff, and are deemed to be conclusively established. The conclusively established facts contained in the Requests for Admissions show inter alia, that: (a). PPL Electric Utilities (PPL) allegedly sustained damage to its property at 715 Fountain Avenue, Lancaster, PA at 3:05 a.m. on December 18, 2006, as identified in the `Statement of Damage To Company Property' provided by PPL to defendant's attorney, a copy of which is attached as Exhibit "#1" to Requests for Admissions. (b). Damage to PPL's property at 715 Fountain Avenue was only noticed on 1218/06, as stated in PPL's `Summary of Estimated Cost' dated 12/27/06, attached to the Requests for Admissions as `Exhibit # 2'. (c). PPL, by and through its employee(s) took possession of the only copy of a security video which allegedly shows this damage being done. (See Exhibit #1 to Requests for Admissions.) (d). PPL also failed to reply to the Interrogatory attached to Request for Admission #3. This Interrogatory stated: Interrogatory: Identify the PPL employee who took possession of the security video identified in Exhibit #1 and identify all persons who viewed that security video, including the identity who presently has possession of this security video. (e). PPL failed to secure, preserve and maintain the security video which allegedly shows the damage to PPL property being done, and has been unable to provide it to defendant. (f). PPL's failure to secure, preserve and maintain possession of the security video prevents Defendant from establishing through independent evidence that he was not involved in causing damage to PPL's property. (g). PPL has no evidence that Defendant damaged PPL property at 715 Fountain Avenue, Lancaster, PA (h). PPL has not provided a transcript or summary of a security video allegedly taken on 12/18/06 which purportedly shows damage to PPL property being done. (i). PPL has not provided a transcript of a recorded statement or a written summary prepared by anyone who purportedly viewed a surveillance video showing damage being done to the PPL property on 12/18/06. 0). PPL is not entitled to recover attorneys fees in this action, even if it prevails on the merits of the case. (k). There is no evidence that Defendant damaged PPL property in Lancaster, PA. (1). Defendant has been mis-identified as the person or entity who damaged PPL property in Lancaster on December 2006. 10. Defendant has provided his driver's log showing that he was not in Lancaster at 3:05 a.m. on December 18, 2006, the time that Plaintiff states the damage was being done to its property. See Defendant's drive logs provided to Plaintiff in discovery responses, copies of which are attached hereto as Exhibit' F". 11. In light of the conclusively established facts as outlined in paragraph 8, Plaintiff cannot produce evidence of facts essential to his cause of action which in a jury trial would require the issues to be submitted to a jury. 12. Defendant James King files this Motion for Summary Judgment pursuant to Pa. R.C.P. 1035.1 stating that the pleadings are closed, and that there are no genuine issues of material fact which could be established by additional discovery, and that Defendant is entitled to entry of judgment in his favor. WHEREFORE, Defendant James King respectfully request that this Honorable Court enter judgment in his favor and against Plaintiff, and that all claims and/or cross claims against him be dismissed with prejudice, together with such other relief as may be appropriate under the circumstances. FORRY ULLMAN BY: L? 4? A; ?? T MAS A. WIMMER, ESQUIRE Forry Ullman Attorney I.D. No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 DATE: a /???p (717) 441-9257 Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 PPL ELECTRIC UTILITIES V. JAMES KING, and Plaintiff, Attorneys for Defendant, James King : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION - LAW CARLISLE LOGISTICS SERVICES, INC. Defendants PROOF OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Motion for Summary Judgment by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: zl-f?i T OMAS A. IMMER, ESQUIRE Date: D EXHIBIT "A" 03/2Se.p., f. 200011:31AM5882Northla.,rd in; C0 - fi51-310-41()3es No.001i l,P. 3/012 IN THE COURT OF COMMON PLEAS, CUMBERLAND COLTINTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff. vs. JAMES K NO and CARLISLE LOGISTICS SERVICES, INC., aWa CLS, ; Defendants. COMPLAINT Civil Action - In Law No. ARBITRATION r? c 01-34,79 :r- 3 15,111 Y MM Ycu have been sued in court. I_ you wish co defend against the claims set forth In the following pagea, you moat take action within twanty !20) 4t ye alter this Complaint and Notice are served by enterinc a written appearance personally, or by attorney, and f::irg, in wzitLng with the Court, ycur defenzea or objections to the claims sec forth against you. YOU are wARXMD TKAT IP YOU PAM TO DO 50. TRZ CASE X&Y PROCEED WITHOUT ycu and a 3uagmen4 may be rntered aaainat you by the Court vithout furthar not:ca for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You mar lose mane[ or property cr ocher 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 09/266, 6. 2008F1I:31W59s2Northlard' Ins Co - 651-310-4103es No. 0017 IP. 43/0 12 L'N THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC: UTILITIES CORP., Civil Action - In Law Plaintiff, No. ??- 3?-11!7 CI v' 1 TC'nin vs. ; ARBITRATION JAMES KING and CARLISLE LOGISTICS SERVICES, INC., a/kia CLS, 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. 3. PPL ELECTRIC UTILMES 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, .LAMES KING, upon information and belief, is art adult individual whose present whereabouts are unknown. 4. Defendant, CARLISLE LOGISTICS SERVICES. INC. aWa CLS, is a Pennsylvania corporation duly organized rind existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 6380 Pi-ackbill Boulevard, Mechanicsburg, Peons Ndnis, 17055. 0gE2Sen., 6. 2008,11:31AM$gs?Northlzrd In; Co - 651-310-4103es No. 0017 V. 5i012 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 Mules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI PPI. ELECTRIC UTILITIES CORP. VS. JAMES KING 6. D.-fendant, JAMES KING, 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) I'ailed 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: Ill operated the vehicle without due regard for the rights, safety and position of the plaintiff. 08/2?Ea.. 6, 2008111;31RM$B62Northlard Ins Co - 651-310-4103es No. 0017 ?P. 6/0-2 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 tithe of trial. >s. Defendant struck mid damaged a utility pole alnd overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 715 Fountain Avenue, Lancaster, Lancaster County, Pennsylvania, on or about December 18, 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 $6,37.50. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES COP P. demands judgment against the Defendant in an amount of 56.237.50, including prejudgment and post-judgment interest; punitive damages and delay damages as the law may allow. 09/2 S_ ...? . 2003F11:31AM5es2Northlard ;ns Co.- 651-310-4103es No. 0017 Q, P, 7/012 COUNT 11 PPL_ELL, CTRIC UTILITIES CORP. VS. CARLISLE LOGISTICS SERVICES, INC.:t/k/a CLS 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all timc relevant hereto, Defendant, CARLISLE LOGISTICS SERVICES, INC. aA c/a CLS. was the owner of the vehicle driven by Defendant JAMES KING that hit the activc utility pole and overhead facilities. 14. At the time of the aforesaid accident. Defendant, CARLISLE- LOGISTICS SERVICES, INC. a/k/a CLS, was responsible for the actions of its agent, JAMES KING. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, CARLISLE LOGISTICS SERVICES, INC. a/k/a CLS, 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, JAMES KING; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant JA)V1ES KING 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 ;overning safe operation of motor vchicles on the streets and highways; and f) otherwise failing to CAercise reasonable care under the circumstances. oei2F5Ea 6 2008F11;3105e82Noithia rd In; Co - 651-310-4103es No. 0011 [P. 16. As a direct and proximate result of the negligence of Defendant, CARLISLE LOGISTICS SERVICES. INC. a/k/a C'LS. Plaintiff sustained damages as described above. 17. Plaintiff leas been damaged in the amount of $6.2;7.50. w'1iER2.F0 F- Plaintiff PPI, ELEMIC UTILITIES CORP. demands judgment against the Defendant in an sunount of 56,237.50, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: June 3.2008 KRZYWICKI & ASSOCIATES BY: /1-n/ Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 oeizSEu.. 6. 2008F11:3105e92NorthIa,r6 1n; Co - 651-310-41032 s No. 0017 V, 9!c?z WRIFICATION Pursuant to Rule 1024 (c),1, ANTHONY P. KRZYWICYJ, 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 funiliar 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 belie:, 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. Seat. Ann. § 4904 relating to unworn falsification to authorities. Dated: June 3. 2008 /?5/ ANTHONY P. KRZYWICKI, ESQ. EXHIBIT "B" SoS 2 ( n t'V C O O n - O T :? ? _• G J J Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. . JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants NO. 08-3478 CIVIL ACTION-LAW ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Defendant, James King, (hereinafter "Defendant") by and through his attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: 1. Admitted in part; denied in part. Admitted that this is an action brought by plaintiff to recover damages from Defendants. It is denied that Defendant caused damages to plaintiff. 2. Admitted. 3. Admitted in part; denied in part. Admitted that Defendant, James King is an adult individual. It is denied that his whereabouts are unknown. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 1, and strict proof is demanded at time of trial. 5. Admitted upon belief. COUNTI PPL Electric Utilities Corp. v James Kine 6. Denied. Answering Defendant denies colliding with and damaging property owned by plaintiff. T-9. Denied. The allegations contained in paragraph 7 constitute conclusions of law to which no responsive pleading is required. By way of fiuther answer, the allegations in paragraph 7 are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. To Defendant's knowledge, suit was the first notice of such claims being made against Defendant. 11. Denied pursuant to Pa.RC.P. 1029(e). WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded 2 costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. COUNT H PPL Electric Utilities Corp. v Carlisle Logistics Services, Inc. a/k/a CLS 12. The answers to paragraphs 1 through 11, above, are incorporated herein by reference as though set forth in full. 13-17. Denied. The allegations contained in paragraphs 13 through 17, inclusive, constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 13 through 17, inclusive, including the allegations of ownership of the vehicle and/or the allegations of agency, since answering defendant has no knowledge of Carlisle Logistics Services, Inc., and strict proof is demanded at time of trial. By way of further reply, the allegations in Count H are directed to a party other than Answering Defendant, so no reply is necessary from Answering Defendant. WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. 3 NEW MATTER 18. Defendant asserts all defenses available to him under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. 1701, et seq. 19. If the accident occurred as alleged, the acts or omissions of Defendant, if any, were not the factual cause of the accident or of the damages alleged to have resulted therefrom. 20. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendant. 21. Plaintiffs claims are barred by the applicable statute of limitations. 22. Some or all of Plaintiffs alleged damages were not causally related to the subject motor vehicle accident. 23. Some or all of Plaintiffs alleged damages were caused by parties other than Answering Defendant, James King. FORRY ULLMAN By: , MIL THOMAS A. WD&,4EER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 l r J?`? $ (717) 441-9257 DATE: Attorneys for Defendant, James King 4 VERIFICATION I, THOMAS A. VINMER, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant to make this verification on behalf of Defendant that the signature of the Defendant to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. FORRY ULLMAN By: a." 4' ..vvavic!/l THOMAS A. WRAIl ER, ESQUIRE Date: 5 VERIFICATION I, JAMES E. KING, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; that the language of the Answer with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Daze: J E. KING PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION-LAW PROOF OF SERVICE I, THOMAS A. WD&AER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Answer with New Matter by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krt icld, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: x OMAS A. WIlvIlVIER, ESQUIRE Date: )1-11-05 6 EXHIBIT "C" 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 FX 717.441.0814 FAttorneys at Law January 12, 2009 Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 Re: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 Dear Mr. Krzywicki: THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@fonyullman.com As you know, we represent Defendant, James King in the above-captioned matter. You and I discussed this case and you advised me that you do not have statements by anyone claiming to have witnessed my client damaging PP & L property. I would like to know what evidence you have that defendant is liable, since such evidence may shorten the litigation process. In addition, what is your basis for asserting $1,500.00 in attorneys fees as an item of damage? If there is a statute providing for such fees, please provide me with a copy or give me its cite. It appears that the claim for equipment and labor is just over $4,400.00, with the balance of the claim being attorneys fees and litigation costs. Enclosed please find requests for production of documents and interrogatories for answer in accordance with the Pa. R.C.P. If you have any questions, or would like to discuss this matter for any reason, please feel free to contact me. Very truly yours, THOMAS A. W MMER TAW/taw Enclosure Philadelphia • King of Prussia • Reading • Bethlehem • Scranton - Harrisburg www.forryullman.com Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION-LAW DEFENDANT'S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF, PPL ELECTRIC UTILITIES CORP. Defendant, James King, serves the within First Set of Interrogatories on Plaintiff, PPL Electric Utilities Corp., and makes demand on Plaintiff to answer same under oath within thirty (30) days after service of the Interrogatories upon you in accordance with Pennsylvania Rule of Civil Procedure 4003.5. These Interrogatories are continuing and any information secured subsequent to the filing of your answers, which would have been included in your answers had it been known or available, is to be supplied by supplemental answers. Further, the party to whom these Interrogatories is addressed has a duty to supplement his/her responses if he/she knows that the responses were incorrect when made or if he/she knows that the responses, though correct when made, are no longer true. DEFINITIONS A. "You" or "Your" means Plaintiff and their representatives, attorneys or agents. B. "Document" includes the plural and means, without limitation unless otherwise indicated, the original and each copy of any writing, evidence of indebtedness, memorandum, letter, correspondence, telegram, note, minutes, contract, agreement, inter-office communication, bulletin, circular procedure, pamphlet, photograph, slide, photographic negative or transparency, videotape, audiotape, moving picture, study, notice, summary, invoice, diagram, plan, drawing, diary, record or not of telephone conversation, chart, schedule, entry, print, representation, record, report and any tangible item or thing of written, readable, graphic, audible or visual material, or any kind or character, whether handwritten, typed, photocopied, microfilmed, microcarded, or transcribed by any means, including, without limitation, each interim as well as final draft and each revision which is in your possession or subject to the control of you or your present or former partners, agents, employees or representatives, including counsel, any relaxed partnerships or corporations. C. "Describe," "specify," and/or "state" means to set forth fully and unambiguously, using technical terms and words of art, if necessary, each and every fact relevant to the answer called for by the Interrogatory of which you have knowledge. D. (i) "Identify" or "identity" when used with respect to a natural person means to state the person's full name, present or last known business address, present or last known position or business affiliation, all positions or business affiliations during the time period of these Interrogatories, and a general description of the business in which the person is or was engaged in each such positions. (ii) "Identify" or "identity" when used with respect to any other entity means to state its full name and the address of its principal place of business. (iii) "Identify" or "identity" when used with respect to a document means to state the name or title of the documents, the type of document (ems, letter, memorandum, telegram, chart, etc.), its date, the person(s) who authorized it, the person (s) who signed it, the person(s) to whom it was addressed, the person(s) to whim it was sent, its present location and its present custodian. If any such document was but is no longer in your possession or subject to your control, state what disposition was made of it and explain the circumstances surrounding, and the authorization for, such disposition, and state the date or approximate date thereof. Documents prepared prior to the period covered by these interrogatories but which relate or refer thereto are to be included. (iv) "Identify" or "identity" when used with respect to any unwritten communication means to state the identity of the natural person(s) making and receiving the communication, their respective principals or employers at the time of the communication, the date, manner and place of the communication, and the substance of the communication. (v) "Identify" or "identity" when used with respect to a meeting means to state the nature of the meeting (formal gathering, conversation, telephone call, etc.), to identify all persons participating, to provide the date, duration, location(s) and to state the substance of the discussion. E. "Person" shall include without limitation all legal persons or entities (e _g.,, natural person, partnerships, or corporations). F. "Complaint" means the Civil Action filed by Plaintiff. INSTRUCTIONS A. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth such remaining information as is known. If any estimate or general description can reasonably be made in place of unknown information, set forth your best estimate or general description, clearly designating the answer as such, in place of unknown information, and the basis upon which the estimate or general description is made. B. To the extent any Interrogatory is objected to, set forth all reasons therefor. If you claim any privilege as a ground for not answering an Interrogatory, whether in whole or in part, describe the factual basis for your claim or privilege in sufficient detail so as to permit the Court to adjudicate the validity of the claim. C. These Interrogatories shall be deemed continuing, so as to require additional answers if further information is obtained between the time the answers are served and the time of trial. Such additional answers shall be served from time to time, but not later than 30 days after such additional information is received. 1. Please set forth Plaintiffs full business name and current business address, and the nature and purpose of your business, including if the business is operating as an individual, partnership or corporation, and the length of time business has been in operation. 2. Please state the name and address and job title of all persons who participated in or were consulted or provided any information in response to your Answers to these Interrogatories on behalf of Plaintiff. 3. Please describe in detail, the incident for which you are now claiming damages, including how you contend the incident occurred, the exact dates and times of the incident, the exact location of the incident, and the names of all persons and/or entities which were involved in the incident. 4. Please indicate when you first noticed the alleged damages described in the Complaint, providing a complete chronological detail, identifying by name(s) and address(es) of who specifically discovered the alleged damages, and any and all persons present on the property when the damage to the subject premises occurred and/or was discovered. 5. List the names and addresses, both residence and business, of all persons, other than counsel of record and witnesses identified in Pa. R.C.P. 4003.5(a)(3), whom you believe have knowledge or information about the facts or issues in this case, which knowledge or information might lead to the discovery of admissible evidence, and state in detail what knowledge or information you believe each person you identify has. 6. Please set forth with particularity any and all facts which support the allegations set forth in Paragraph 8 of Plaintiffs Complaint, specifically that "Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 715 Fountain Avenue, Lancaster, Lancaster County, PA on or about December 18, 2006" With respect to every fact that you identify, please set forth how you obtained knowledge or information regarding said allegation and what physical or documentary evidence or witness you intend to present at trial to establish same. 7. State if an inspection of the subject premises was performed following the alleged incident, and if so, please state the names and addresses of such inspectors as well as the findings and/or conclusions of such inspectors. If the inspector's findings and/or conclusions were reduced to a written report, please attach a copy of such report to your Answers to these Interrogatories. 8. State whether any estimates and/or proposals for repairs to the subject property were completed by any contractors, repairmen or others, and if so, please identify the names(s) and address(es) of the individuals who completed the estimates and/or proposals for repairs, the dates of the estimates and/or proposals for repairs, attach to your Answers to these Interrogatories copies of estimates and/or proposals for repairs to the subject property. 9. State whether the property has been repaired or altered in part or in whole since the incident, and if so, state the date upon which Plaintiff authorized the repair and/or alteration of the property, state the inclusive dates on which repairs and/or alterations were made, and state the name and address of person, firm and/or corporation making the repairs and/or alterations, a description of the repairs and/or alterations that were made, and furnish a copy of the repair bill. 10. If your Answer to Interrogatory No. 9 was in the affirmative, please identify the name and addresses of all contractors, repairmen or others who furnished labor or materials for repair of the damages and the amounts paid or owed to them to date or the names and addresses of those who have not furnished labor or materials but provided estimates for the same, including a description of the labor or material, dates Punished or estimated and description of each such charge that has been paid and by whom. 11. Did you obtain permits or other appropriate items from the local municipality and/or the Commonwealth of Pennsylvania in connection with repairs to the subject property? If yes, please identify each item and attach to either your answers to these Interrogatories or response to the Request for Production of Documents. 12. Have you or anyone acting on your behalf obtained from any person or persons any report(s), statement(s) (as defined by the Pennsylvania Rules of Civil Procedure governing this action), memorandum or testimony concerning the incident or services in question? If so, state the name and address of each such person, when, where and by whom each such report, statement, memorandum or testimony was obtained or made, where each report, statement, memorandum or testimony is located, the substance of the same, all documents relating to the same, and all communications relating to the same. 13. Have you or anyone on your behalf conducted any investigation of the premises or surrounding area which is the subject matter of the Complaint? If so, for each investigation, state the date and time it was completed, the name, address and telephone number of such person(s) conducting said investigation, the qualifications of such investigator, the subject matter contained therein, whether a written report was prepared, the identity of the person or persons to whom the investigative report was directed, the custodian of such report, and a summary of such report. 14. If any photographs or videotapes were taken or maps, charts of diagrams prepared regarding the locale or surrounding area of the site of the alleged damages to the premises or of an other matter or thing involved in this action, kindly state the dates when such photographs or videotapes were taken or such maps, charts or diagrams were prepared; the names and addresses of the persons who took or prepared them; where they were taken or prepared, the object or subject or the particular site or view each photograph, videotape map, particular site or view each photograph, videotape, map, chart or diagram represents; the present whereabouts of the photographs, videotape, maps, charts, and diagrams and the names and addresses of whomsoever is in possession of custody thereof. 15. State the name, address and telephone number of every witness you intend to call during the trial of this case, including a brief description of the facts to which you expect them to testify. 16. Identify each and every expert whom you expect to act as an expert witness on your behalf. For each expert, state his name, address and phone number, the business or profession of the expert, the education, expertise or other qualifications of the expert, the name and address of the person or firm who hired him, the conclusions he reached as to what caused the damage, the date(s) on which his investigation was made. 17. Has any expert submitted a written report of his investigation? If so, for each report, state the name of the expert submitting the report, the name and address of all persons know to you who have originals or copies of the report in their possession or under their control, the date the report was submitted, whether you have an original or a copy of the report in your possession or available to you. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: January 12, 2009 BY: THOMAS A. WDAMER, ESQUIRE Attorney I.D. #45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 PPL ELECTRIC UTILITIES Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants NO. 08-3478 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, THOMAS A. WBOvIER, ESQUIRE, FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendant, James King, certify that Defendant's First Set of Interrogatories to Plaintiff, PPL Electric Utilities Corp., was served, this date, by first-class mail, postage prepaid, addressed as follows: Anthony P. Krzywicki, Esquire Anthony Krzywicki & Associates P.O. Box 505 New Hope, PA 1893 8 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Date: January 12, 2009 By: -? `;? THOMAS A. WD^IER, ESQUIRE KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 9 6- 2 0 0,3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No.: 08-3478 VS. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS Defendants. PLAINTIFF'S ANSWER TO DEFENDANT, JAMES KING'S FIRST SET OF INTERROGATORIES Plaintiff, PPL ELECTRIC UTILITIES CORP., by its attorney, hereby responds to defendants' Interrogatories as follows: CONDITIONS 1. Plaintiffs response is made without waiving, or intending to waive, but on the contrary, is intending to preserve and preserving: a. All objections as to competency, relevancy, materiality, privilege and admissibility for any purpose in any subsequent proceeding or trial of this or any other action(s). b. The right to object to the use of any documents which may be provided in Plaintiffs response or which form the subject matter thereof, in any subsequent proceeding or trial of this or any other action(s) on any other grounds; C. The right to object on any other ground at any time to further discovery involving or relating to documents produced in response to Defendant's interrogatories; and d. The right at any time to supplement the answers to the Defendant's interrogatories. 2. The answers in response to Defendant's interrogatories are not a representation or a concession as to the relevance and/or relationship of such information to this action. GENERAL OBJECTIONS Plaintiff objects to all the interrogatories to the extent that they seek the discovery of information that is protected by the attorney-client privilege, joint defense privilege or other privilege, the attorney work product doctrine and/or the protection afforded to mental impressions, conclusions, opinions, or legal theories of one or more of the attorneys and/or representatives of Plaintiff regarding this litigation. 2. Plaintiff objects to all the interrogatories to the extent that they seek information that is not relevant nor reasonably calculated to lead to discovery of admissible evidence. 3. Plaintiff objects to all the interrogatories to the extent that they are overbroad and contain compound questions. 4. Plaintiff objects to all the interrogatories to the extent that they are not limited in time and would require Plaintiff to search countless documents. 5. Plaintiff objects to all the interrogatories to the extent that they request information contained in documents generated by Defendant. 6. Plaintiff objects to the Definitions and Instructions to the extent that they exceed the scope of discovery permitted by the Pennsylvania Rules of Civil Procedure. PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES 1. Plaintiffs full business name and current address are as follows: PPL Electric Utilities Corporation Two North Ninth Street Allentown, Pennsylvania 18101 Plaintiff is a corporation duly organized and existing and license to do business as a public utility company under the laws of the Commonwealth of Pennsylvania. 2. These Interrogatories were answered by staff personnel of PPL Electric Utilities Corp.'s legal department based on PPL Electric Utilities Corp.'s investigation file as well as information and documentation supplied by various groups, departments, sections, and/or divisions within the Corporation. In addition, the verification attached to these answers to Interrogatories sets forth the name and title of the PPL Electric Utilities Corp. representative who is verifying theses responses. 3. Defendant James King, d/b/a as JE King Enterprises was given a load from C.H. Robinson for delivery in Lancaster, Pennsylvania. On or about December 18, 2006, Defendant James King, made his delivery for C.H. Robinson at 715 Fountain Avenue, Lancaster, Lancaster County, Pennsylvania around 0305. James King while in the course of his employment struck and damaged a utility pole and overhead facilities owned by Plaintiff. (See Exhibits A,B,C&D) 4. The damage was reported to the Plaintiff by Doug Baer, an employee at the warehouse, where the delivery was made on Monday December 18, 2006 at 1350 and W. Pfautz an employee of Plaintiff prepared the damage report. 5. The following are the name and addresses of person who have knowledge or information regarding the issues in this case: Thomas Halma Sr. Claims Coordinator PPL Electric Utilities Corp. Two North Ninth Street Allentown, PA 18101-1179 Gloria Amenta Supervisor E.U.O.M. Budgeting PPL Electric Utilities Corp. Two North Ninth Street Allentown, PA 18101 William Pfautz PPL Electric Utilities Corp. Two North Ninth Street Allentown, PA 18101 6. This information was provided by a representative of PPL's customer at 715 Fountain Avenue who identified and reported the damage. 7. A copy of the Report of Damage to Company Property presently in Plaintiff's possession is annexed to Plaintiff's Answer to Defendant's Request for Production of Documents... W. Pfautz, Employee number 65710 on December 18, 2006, prepared the report. No further estimates. See documentation of damages annexed to Plaintiff's Answer to Defendant's Request for Production of Documents. 9. A copy of the Breakdown for the repairs to the damaged property presently in Plaintiff's possession is annexed to Plaintiff's Answer to Defendant's Request for Production of Documents. 10. A copy of the Breakdown for the repairs is annexed to Plaintiff's Answer to Defendant's Request for Production of Documents. _ 11. Plaintiff reserves the right to amend and supplement this answer as documents of a permit(s) may exist but at this time are unknown. 12. Plaintiff reserves the right to amend and supplement this answer as reports, statements, memorandum or testimony concerning the incident of any persons or potential witnesses may exist but at this time are unknown. 13. No formal investigation was conducted. 14. Plaintiff reserves the right to amend and supplement this answer as photographs or videotapes, maps, charts or diagrams of the site of the incident may exist but at this time are unknown. 15. Plaintiff reserves the right to amend and supplement this answer as reports of any potential witness that may be used at Arbitration and/or Trial may exist but at this time are unknown. 16. Plaintiff reserves the right to amend and supplement this answer as reports of any potential expert witness that may be used at Arbitration and/or Trial may exist but at this time are unknown. 17. Not applicable see paragraph "16" supra. DATED: March 25, 2009 BY: KRZYWICKI & ASSOCIATES - ? . i VER?'YCA'>4'ION Ptusuant to Rule 1024 (c), I, Thomas R. Halma, verify that I am the Sr Claims Coordinator for Plaintiff in the within case; that I am sufficiently familiar with the facts set forth tj'u t I = ' : I in the foregoing Pleading to take this Verification; and that such ;Facts are true and correct to the r11?'_ ?' best of my knowledge information and belief based upon the company's business records and , , I matteis of publierecord I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unswom falsification to authorities. I is PPL ELECTRIC UTTLITIE$ CORPORATION' i Dated: 3 l ?S y a I `, Thomas R Halma, Sr. Claims Coordinator r,. t ? s lI ? I?? ? I I I, ? ? S' { ? . i ? I II !i s' Ll r 9E/98 3E)Vd 'OOSSV B I>IJIMAZM E6EPZ989TZ 6S:ET 680Z/8T/E8 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Answers to Defendant, James King's Interrogatories by depositing copies thereof in a depository under the exclusive care and custody of the United States Postal Service via First Class mail, in a prepaid envelope and addressed as follows: Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attn: Thomas A. Wimmer, Esquire KRZYWICKI & ASSOCIATES Dated: March 25, 2009 BY: P. PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants NO. 08-3478 CIVIL ACTION-LAW DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF, PPL ELECTRIC UTILITIES CORP. Pursuant to Pennsylvania Rule of Civil Procedure 4009, you are requested to produce the following documents for inspection and copying in the office of the undersigned within thirty (30) days after service of this request. The requested items may be produced at any time mutually agreeable to counsel within thirty (30) days, and in lieu of appearing in the office of the undersigned, you may submit true, correct, and legible copies of the requested items by mail. This request is continuing up to and including the time of trial. 1. The entire contents of any claims and investigation file or files and any other documentary material in your possession which support or relate to claims or defenses in this action, excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense or respecting strategy or tactics and privileged communications from counsel. 2. All statements concerning the action, as defined by Rule 4003.4 from all witnesses, including any statements from the parties herein or their respective agents, servants or employees. 3. All photographs and/or video taped recordings taken or diagrams prepared of the scene of the occurrence, or any instrumentality involved therein. 4. All documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports and Curriculum Vitae of all expert witnesses who will testify at trial. 6. All documents containing the names and home and business addresses of all experts who have been contacted, but who are not expected to testify at trial. 7. All transcriptions and summaries of all interviews conducted by anyone acting on behalf of Plaintiff or any potential witness and/or person who has knowledge of the accident or its surrounding circumstances. 8. A copy of any written accident report concerning this occurrence signed or prepared by any investigating body or by Plaintiff and Plaintiffs insurance carrier. 9. Any and all documentation of any property damage claimed to have resulted from the subject accident. 10. A copy of the written report relative to any and all inspections performed of the subject premises. 11. Copies of any and all estimates and/or proposals for repairs to the subject property completed by any contractors, repairmen or others. 12. Copies of any and all repair bills relative to partial and/or total alterations and/or repairs to the subject property since the occurrence as described in Plaintiffs Complaint. 13. Copies of any and all permits or other appropriate items from the local municipality and/or the Commonwealth of Pennsylvania in connection with repairs to the subject property. 14. Copies of any and all documents referred to in Plaintiffs Answers to Interrogatories which were not otherwise produced in response to the foregoing. 15. Copies of any and all records in your possession or the possession of your attorney or other representative which were obtained from or prepared by the defendant who is serving this Request for Production of Documents. 16. Copies of any and all documents you intend to offer in evidence at the trial of this case. 17. A copy of any and all declarations sheets and insurance policies in effect on the date of loss providing coverage for Plaintiff and a copy of any claim form and/or supporting documents or records submitted. 18. Copies of any and all claims submitted, and/or paid by any insurance company secondary to the subject incident. 19. The investigation, litigation pleadings, discovery, deposition, settlement or trial documents and records of you or your attorney or legal representative for any and all litigation or claims for accidents, occurrences or incidents for which you claimed personal injuries or other damages, except material which is privileged or otherwise not subject to discovery. FORRY, ULLMAN, ULLMAN & FORRY, P.C. /1 Dated: January 12, 2009 BY: 94azi, x THOMAS A. W VIMER, ESQUIRE Attorney for Defendant PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, THOMAS A. WRAMER, ESQUIRE, FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendant, James King, certify that Defendant's First Set of Requests for Production of Documents to Plaintiff, PPL Electric Utilities Corp., was served, this date, by first- class mail, postage prepaid, addressed as follows: Anthony P. Krzywicki, Esquire Anthony Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Date: January 12, 2009 By: THOMAS A. WDAMER, ESQUIRE KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 _ (215) 862-4390 RECD AP R 0 8 2009 Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No.: 08-3478 vs. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS Defendants. PLAINTIFF'S ANSWER TO DEFENDANT, JAMES RING'S REQUEST FOR PRODUCTION OF DOCUMENTS CONDITIONS PPL ELECTRIC UTILITIES CORP.'S response is made without in any way waving or intending to waive but on the contrary, intending to preserve and preserving: (a) All objections as to competency, relevancy, materiality, privilege and admissibility as evidence for any purpose in any subsequent proceeding or the trial of this or any other action(s); (b) The right to object to the use of any documents which may be provided in Plaintiff's response or which form the subject matter thereof, in any subsequent proceeding or the trial of this or any other action (so on any other grounds); (c) The right to object on any other ground at any time to further discovery proceeding involving or relating to documents produced in response to this Request; and the right at any time to supplement the documents produced in response to this request. 2. The production of any documents in response to this request is not a representation or a concession as the relevance and/or relationship of the documents to this action. GENERAL OBJECTIONS 1. Plaintiff objects generally to these production requests to UGI Utilities Inc. to the extent they seek the discovery of information which is protected from disclosure by the attorney- client privilege or other privilege, the attorney work product doctrine and/or the protection afforded mental impressions, conclusions, opinions or legal theories of none or more attorneys and/or representative for Plaintiff concerning this litigation. 2. Plaintiff objects generally to these production requests to the extent they seek information, which is not relevant nor reasonably calculated to lead to the discovery of admissible evidence. 3. Plaintiff objects generally to these production requests to the extent they fail to exclude the mental impressions, conclusions, and opinions of Plaintiff s officers, employees, and agents respecting the value or merit of a claim or defense and respecting strategy or tactics. 4. Plaintiff objects generally to these production requests to the extent they are not limited to the production of documents in the control or custody of Plaintiff. 5. Plaintiff objects generally to the production requests to the extent they are overly broad. RESPONSES TO PRODUCTION OF DOCUMENTS REQUESTS 1. Plaintiff reserves the right to amend and supplement this answer, as Plaintiff's investigation and discovery are ongoing. Copies of investigative file presently in Plaintiff's possession are annexed hereto and made part hereof. 2. Plaintiff reserves the right to amend and supplement this answer as statements concerning the action from of any parties or potential witnesses that may be used at time of trial or arbitration may exist but at this time are unknown. 3. Plaintiff reserves the right to amend and supplement this answer as any photographs and/or videotaped recordings, or diagrams prepared of the scene of occurrence may exist but at this time are unknown. 4. Plaintiff reserves the right to amend and supplement this answer as documents containing the names, home, and business addresses of all potential witnesses that may be used at time of trial or arbitration may exist but at this time are unknown. 5. Plaintiff reserves the right to amend and supplement this answer as . reports of any potential expert witnesses that may be used at time of trial or arbitration may exist but at this time are unknown. 6. Plaintiff reserves the right to amend and supplement this answer as documents containing the names, home and business address of any potential expert witnesses that may be used at time of trial, or arbitration may exist but at this time are unknown. 7. Plaintiff reserves the right to amend and supplement this answer as transcriptions and summaries of interviews of persons who have knowledge of the accident may exist but at this time are unknown. Plaintiff's investigation and discovery are ongoing. Copies of documents of investigative file presently in plaintiff's possession are annexed hereto and made a part hereof. 8. Plaintiff reserves the right to amend and supplement this answer as any written accident report concerning this occurrence may exist but at this time are unknown. Plaintiff's investigation and discovery are ongoing. Copies of investigative file presently in Plaintiff's possession are annexed hereto and made part hereof. 9. A copy of the Property Damage Report presently in Plaintiff's possession are annexed hereto and made a part hereof. 10. Objection this document request is overly broad and unduly burdensome. By way of further answer and without waiving the foregoing objections, Thomas Halma, Senior Claims Coordinator has knowledge of the facts set forth in Plaintiff's Complaint. Plaintiff's investigation and discovery are ongoing and therefore, Plaintiff reserves the right to amend or supplement this answer at a later date. 11. A copy of the Summary of Estimated Cost presently in Plaintiff's possession are annexed hereto and made a part hereof. 12. A copy of the Breakdown and Invoice presently in Plaintiffs possession are annexed hereto and made a part hereof. 13. Plaintiff reserves the right to amend and supplement this answer as documents of a permit(s) may exist but at this time are unknown. 14. Copies of investigative file presently in Plaintiff's possession are annexed hereto and made a part hereof. 15. Copies of investigative file presently in Plaintiff s possession are annexed hereto and made a part hereof. 16. Copies of investigative file that may be used at trial presently in Plaintiffs possession are annexed hereto and made a part hereof. 17. Not applicable, Plaintiff is not insured. 18. Not applicable, see paragraph "17" supra. 19. Not applicable, as this case relates to property damage. These Requests for Production of Documents were answered by staff personnel of UGI Utilities Inc.'s claims department based on UGI Utilities Inc.'s investigation file as well as information and documentation supplied by various groups, departments, sections, and/or divisions within the Corporation. In addition, the verification attached to these answers to Production of Documents sets forth the name and title of the UGI Utilities Inc.'s. representative who is verifying theses responses. DATED: March 25, 2009 BY ! 1 1 11 +I I 7 I I i i ' Vi?RIFICATION i ,. Pursuant to Rule 1024 (c), I. Thomas R. Halma, verify that I am the Sr. Claims Coordinator for Plaintiff in the within case; that I am sufficiently familiar with the facts set forth ! I: in the foregoing Pleading to take this Verification, and that such facts are true and correct to the ! I' best of my lwowlodgc, information and belief based upon the company's business records and ' I I? maters of lzc record, I understand that the statements herein are ma4e subject to: the penaltie's j ? of 18'Pa Consol. Stat. Apia. § 4904 relating to unsworri falsification to authorities. 4 . ? 19 y l l ipE „ ? i '' I L FI,BCTRIC LTTILITIIES RPORATION ?., :: Dted: Tliomas R Halma, Sr. Claims Coordinator i : I I ! i acih7 1Cll•A 'OOSSV B IDIMAZaN E6EVt989TZ 09:ET' 600Z/0T/E0 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Plaintiffs Answer to Defendant, James King's Request for Production of Documents by depositing copies thereof in a depository under the exclusive care and custody of the United States Postal Service, via first class mail, in a prepaid envelope and addressed as follows: Forry Ullman 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 Attn: Thomas A. Wimmer, Esquire KRZYWICKI &,-IkSSf)CIATES Dated: March 25, 2009 BY: Damage to Company Property File Cover Sheet MATTER NUMBER: 2007-00095 MATTER NAME: AMERICAN WAREHOUSE 121806LAN DESCRIPTION: AMERICAN WAREHOUSE 121806LAN CLAIM BJO NUMBER: 566583 INCIDENT DATE: 12/18/2006 REVIEW DATE: 8/18/2007 INCIDENT LOCATION: 715 Fountain Avenue ADDED BY: REGION: e45865 Lancaster 1/15/2007 Mondap, January !S, 2007 Page 506 oj5S3 1 # 2/ 12-20-06: 4:22AM;PPL LANG 75602519 3 ?.; VdA Fam 379, (212M) r REPORT OF DAMAGE TO COMPANY PROPERTY <%x ,5w,3 PPl ;:_ PC PROJ GENERAL MODS Page I of 1 Home > Manage Projects > Maintain Projects > use > Project Creation New Window Definition Description Manager Location Status Sub Project Sub Project Descr [?) Unit: 20401 Project ID: 566583 Description: S00348623-P/R-40850S26623 Description View All First i of i Last Date/Time Stamp: 12/20/06 2:49:39PM User ID: E65005 Description: S00348623 - P/R - 4085OS26623 Ind 715 FOUNTAIN AVE., LANCASTER Long Description: REPLACE 40-4 WOOD POLE HIT BY VEHICLE REPLACE 3 - 8' WOOD CROSSARMS .rp TRANSFER MULTIPLE 12KV FACILITIES TRANSFER STREET LIGHT FACILITIES TRANSFER GUY WIRES ,,::J- -) QReturn6 Se0167h. ?t Preuiou tab ? Next tab' fiefrisHi Definition I Description I Manager i Location Status I Sub Project I Sub Pr*91Descr I Subproiect.Status I Plant_Set Up http://bmi.papl.com/servlets/iclientservletibiprd/?ICType=Panel&Menu=CREATE_PROJ... 12/20/2006 AUG-29-2008 FRI 03;20 PM PPL TW5 CLAIMS FAX N0, 6107744102 SUMMARY OF ESTIMATED COST Z: 349359 WO No: 287300 BI No: $1006 1212712006 Title: 8JO5665834085OS26623-FOLL-PHT PROPERTY DAMAGE (BJO) OH - Follow-up to Initial BJO WR 348623. RELEASED TO ROY. Job Address: 715 FOUNTAIN AVE LANCASTER, PA 17601 LANCASTER Co. PER P675724-POLE HIT BY TRACTOR TRAILER 12117106; ONLY NOTICED 12/18108 Start Date: 2/2212007 Completion Date: 2/2312407 Cost Areas: Area: 0410 Priority: 1 Engineering: LANEN Constructed By:0413 ELECTRIC PLANT Code: Plant Acct Description: 001 3644 Poles and Fixtures 001 3650 Overhead Conductors and Devices SUBTOTALS TOTAL SPECIFIC CONSTRUCTION 917 0 Engrng + Supv-Direct-Distr TOTAL PROPERTY ADDITIONS 002 0 Removal Costs 003 0 Salvage Recovered 004 0 Other Recoveries TOTAL CAPITAL COST OPERATING AND MAINTENANCE COSTS Hours Amt Est Matl Amt Est Labor: 7 635 660 9 80 755 715 1415 16 2130 0 0 170 16 2300 6 0 625 0 -5 0 0 -1 0 22 2910 Code: Plant Acct Description: Hours Amt Est Mati Amt Est Labor: 005 $9326 MAINT-POLE LINES 23KV AND BELOW 4 0 475 005 59616 TRANSFER ST LIGHT POLES 1 0 150 005 55830 INSTALL AND/OR REM AREA LIGHT EQUIP 1 0 150 TOTAL OPER & MAINT COST 6 775 TRANSFORMERS/METER: 0 TOTAL PROJECT MANHOURS: 28 TOTAL COST OF PROJECT: 3694 r, U6 Page 1 of 1 FAX N0. 6107744102 P. 02 AUG-29-2008 FRI 03:20 PM PPL TW5 CLAIMS 00 Y = a K 7 ? y y L N N m U^a ? ? > v aa? ? N M ? mY ? Q O O O ' M M .n r fD c o /a, m O ? ? m? ? f Q N a N 080 N o ? v DCL vF a O N ? r N N r cl: w m m r °O N a, 3 r x d ? cnn?l^ a J? n ? q v v v v v U v a a N m < p? M 1'1 ? r M? -1 v N ? E .:A O ? C I}j1( M fA ? ? o O1 n O fi Ni Q S 'O p o V4 ? N U > S ? I? 1- R ? Q MAR-30-2009 MON 08:03 AM PPL TW5 CLAIMS FAX NO, 6107744102 P. 02 0 U V s" MAR-30-2009 MON 08:03 AM PPL TW5 CLAIMS FAX NO. 6107744102 P. 03 a M ?f O Q O m Rd V O I Q Q O Q Q 11! • J U as A a Q m 15 r - ?tiIi. sea• ..-- ,?.. TWO NORTH NINTH, STREET ALLENTOWN PA 18101-1179 INVOICE NUMBER INVOICE DATE TOTAL AMOUNT M90167380 - 003 01/30/07 4,509.00 AMERICAN WAREHOUSE 1918 COLLINSWORTH DRIVE HOUSTON TX 77009 PPL CONTROL ACCOUNT: 14350-000 MAKE CHECKS PAYABLE TO: AMOUNT PAID --- 3 7100045090010004509005 9016738000 TO INSURE PROPER CREDIT, PLEASE RETURN THIS PORTION WITH PAYMENT AMERICAN WAREHOUSE REFER ALL INQUIRIES TO: 1918 COLLINSWORTH DRIVE THOMAS R HALMA 610-774-4008 HOUSTON TX 71009 PLEASE REFER TO THIS NUMBER WHEN CALLING OR WRITING: M90167380 - 003 ITEM DESCRIPTION AMOUNT 1 COST OF REPAIRING DAMAGE TO OUR PROPERTY LOCATED AT 715 FOUNTAIN AVENUE, CITY OF LANCASTER, LANCASTER COUNTY, PA. GRID # 40850526623 DAMAGED ON DECEMBER 18, 2006 NR# 348623 i 349359 LABOR 3,688.23 BJO # 566583 VEHICLE USE EXPENSE 67.53 CLAIM# 2007-00095 MATERIAL 753.24 TERMS: NET 30 DAYS FROM DATE OF INVOICE M40167380 - 003 01/30/07 INVOICE NUMBER INVOICE DATE PPL ELECTRIC UTILITIES CORP. TWO NORTH NINTH STREET, ALLENTOWN, PA 18101-1179 FED. I.D. 230959590 4,509.00 TOTAL AMOUNT N86000000000001 FEB 05 2009 15:22 FP. LEGAL Ulleb/'1467 14:19 7172953470 952 937 7640 TO 912158624393 JD P.01/01 PAGE 01 J.E. ms's Enterprise 13480 Soft. Thomtree DS: # /OD/ Houstm TX 77015 Phone Pax 83a -6?3 `6,7-g5 F'lt- r 1 ?Q?' itJ Ch A*hmn M# T'LV3961 /- ?r- LOW Land Amamt $ hm"im Mumba*3s 7a 738 Pick Up Location: -' ? "Valn /,,, Drop Lmatwn: !t?-5-r`et 4 +_* TOTAL PAGE.01 ** FEB 05 2009 15:21 FIR LEGAL 952 937 7240 TO 912158624393 F1. 01:101 10/12/.2006 THU.10:_47 FAx 254 776 1107 Jones TYUCk 1ns: 21001/001 CO RD w CERTIFICATE OF LIABILITY INSURANCE 10/12/200f; PRODUCER. JONES TRVCR TNS AGENCY INC p0$ 236 THIS CERTIFICATE 18 ISSUED AS A MAT'M OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TKI" COVERAGE AFFORDED 8Y THE POLICIES BELOW. Waco, TS 76703-0236 -4266 INSURL°R8 AFFORDING COVERAGE NAIC* WSURED 1GI1QG, JAMES INSURER A SOOTUMM OOONTx 9a=KL/LITC V=M DSA J E ZMNG ZNTZ"la$Zg INSURL7l & Io08tiCr?2L&D nrsaPwxs oo/L2 :so 13003 8'3RRYHILL INSURER C' HOUSTON, TX 77015 +?URER,x MISURER E %.wvr-x%~w0 THE POUC MB OF INSURANCE LISTM INFLOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTY4THSTANDING ANY REOLNREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WILT{ RESPECT TO WHICH TINS CERTIFICATE MAY BE ISSUED oft MAY PIXTAIN, THE INeURANCE AFRORGHD BYTHE POLICIES DF,$CRIBI'? HEIREEI m SUBJECT TO ALL THE TIERM8, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. AOQR&OATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lrn TYPE or- RiSUR&MCIr POLICY NUMBER ? E LIMITS _ GENERAL LIABILITY IACH OCGUR•RENCE I OOMMERM41 GENERAL LIABILITY - pmma me S I CLAIMBMADE F 1 OCCUR MEOEXP(Any*r4 won) S t PERBONALS.ADVINJURY I 2e!!RM. AGGREGATE $ OENL AGGRFOATi LWT APPLIES PER PRODUCTS - COMPW AOQ S POLICY LOO AU TOMOBILE OLABLITY CCOO ED; INGLFLIMIT i 1, OOO OO8 ALL OWNED AITOB Y NJU SCHEDULED AUTOS BpOIL I RY (par p-) S A HIRED AMOS THS22324 09/11/06 09/11/07 SOD Y NJU Y NON-OWNEDAUTOB R I R (P-fsaOiriLflt) ! ROPERTY M P pA AGI S GARAGE AUTOOWY•EAACCIDEW I ANYAUTO EAACC OTHERT?WN S AUTOONLr, AGG A eXCFAWLI MBRELLA UABIL17Y EACN OCCURRENCE $ OCCUR CLAM"VIADE AOGREGATE s s DeDUCTeeur: s RU nON i v+ORam COMPENIIAnO"AND OYRW LL&a VAPL &M ANY w ILL EACHACCIDEITT s ome oaainm? EL 0336/IBE - CA EIAGWY i If dMarb?WltMr PROVIBIONBOSgw E.L. PiSSASE-POLICY LIwT S B DINER TRUCK CARGO TN522325 09/11/06 09/11/07 ItZHITS $100400 DEDUCTZBLE $3,000 DGSCMPTfONOFOPERAnowfLOC'AT)O"/V9ACLEs/orALMIGNBADDEDBYFNDORaB11ENT1JN+ECIAL PROVISIONS C H RO$TNgcN 14800 CRAW ASCOT RD ]ITIVI N PMRXE M 55347 : 312-660-4989 SHOULD ANY OF THE ABOVE DESCR;(NED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MME, DAYS WRITTEN NOT=V YO THE CL'RnFICATE HOLDER NMJED TO THE LPFT• BUT PAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABUJ-OF ANY )ONO UQDR' M INSUM K ITS A08M OR ACORD CORPORATION 1082 :+_-+, TOTAL PAGE. 01 :+ * V!?t.:?ei„?y?III_????? ;:'fl ??l: I?,'l',1??1?'?"f!,r_}P.s?'lp•S'?vl%'. ..?i'. x.+r ...° , .r-_ '1 ? - l,, ll l ? `:u - ?# 0038108 (?) BOL # 10600 _ _ Inv # 0039934 Status E Customer o e DRCLS (?),Load a o e -ANNTR ? Consignee o e DRLPA ($) Er ORE INTERI\T?TI,OL-, A3?EFZICN WAE,H,O,,- ECORE Y?TT??I?T?TI,O- r?,S - - 1 1 COLLIN,SWORTI? pp IVE 715 ,FP.W.TAIN A MCfiAN,ICSB.URG PA .2.9.5, 3,5.0.0 7 1-7 MS T,ON TX " ?-A ,CAS,TER, . . Dzv 001 Zip 170,5,0 PU Area Ti Zip 77001 DL 'A.rea 400 Zip 17603 Biz r ) code DRCLS (?) Org HOUSTX ? ,Hous,t,o -Dest LANCPA ? Lanc,a,s,t,e,r, ECO,RE, INTFRNATI -, Lds eight 41895 PCS 197Z-cj-T-ype _ OM P/U apt N P/=j=1506 1=6 / 800 7900 LoaU--R Mi,?-C HANICSB,LTRG PA; Del Appt N Del D/T 1218 06. 173$bb / U 6 Unld N , 800 628 7877- ... Com Cd BRUT, ? B off{ - t--7e--v -243311 Z4p ,1705,0..,., Agent Trlr Ship D /T 121506 800 JIT'N Terml # Pa ets 00 Seal P/C--= Temp --f . "" #Disp ,'70, Lds Dzsp 1 6 • 8 - Ld Cont J0,r7 ,,,, 13, 2,25,63,81, Con Conte IEF,F, Ph 717, 29531Z70 , , . , , , SRC Ser PO DR20 Date/Time 01 4, 0 (,1.5 C LOAD WAS GIVEN TO C H ROBINSON.. 0,0,6 B . , , , . ED TO BILL 40U. UO TO DODGE. C01j.OPMILL + F3=Exit F5=Update F7=Stop Off 'Update F10 ;--Res ar 2li-U6; 4:22AM;PPL LANG. ;71756025'19, 3i 3 BELL OF ING SHIPPER PROVIDED SHORT FORM BILL OF LADING - NON NEGOTIABLE - DOM>CSTIC PAGE i ALL PARTIES HERETO AND THEIR ASSIGNS ARE FAMILIAR WITH AND AGREE THIS BIML OF LADING IS SUBJECT TO: (1) THE TBRMS. AND CONDITIONS OF THE UNIFORM DOMESTIC . STRAIGHT BILL OF LADING AS SET FORTH IN TM UNIFORM OR NATIONAL MOTOR FREIGHT CLASSIFICATION; (2) TARIFFS AND CLASSIFICATIONS IN EFFBCT ON TIM DATE HERBON. ORIGINATING CARRIER: CLS * OR113NAL ROUTE: CLS SHIP DATE: DECEMBER 15, 2006 BILL OF LADING NO.: W-12594 CONSIGNED TO: COLORMIILL 715 FOUNTAIN AVE. L.ANCASTEI;, PA 17601 FREIGHT TFE kMS: COLLECT SECTION 7 APPLIES: SHIPPER GOLDSMITH & EGLETON, INC. '/e .A.Ms'RTCAN WAREHOUSE 1918 COLLINSWORTH DRIVE HOUSTON, TX 77009 TRAILER #. SEAL . ? J .C 7 PCs DESCRIPTION Mum 19 CRUDE SYNTHBTIC RUBBER GROSS: 43,795 'P0.10600 TARE: 1,900 • NET: 41,895 SO# 62596 TL A) PCs. r SHIPPER, PER * T CARTER O DATE-.,, )E ?rz 1 ?. 12-20-06; 4:22AM;PPL LANC. ;7175602519- tt 3/ 3 BELL OF LADWG SHAPER PROVIDED SHORT FORM BILL OF LADING - NON NEG©nABLE - DOMESTIC PAGE 1 ALL PARTIES HERETO AND TIMM ASSIGNS ARE FAbdnlAR WITH AND AGREE THIS BILL OF LADING IS SUR;ECT TO: (1) TBE TERMS-AND CONDITIONS Of THE UNIFORM DOMESTIC STRAIGHT BILL OF LADING AS SETTORTH IN THE UNIFORM OR NATIONAL MOTOR FREIGHT CLASSIFICATION; (2) TAR7FS AND CLASSIFICATIONS IN EFFBCT ON TIE DATE H6REON. ORIGINATING CARRIER CLS, ROUTE: CLS ORIGIIVAL. 1 SHIP DATE: DECEMBER 15, 2006 CONSK NM TO; COLORMILL 715 FOUNTAIN AVE. LANCASM PA 17601 FREIGHTITEW& COLLECT SECTION 7 APPLIES: SHIPPER GOLDSbUM 94 EGLETON, INC. 6/6 AIvIEUCAN WAREHOUSE 1918. COLLINSWORTH DRIVE ElOtWON, TX 77009 BILL OF LADING NO.: W-125194 j RAILER .# I'oZ SEAL. r C-7-b.3 PES. DES901TOfN WEICIITT rf 19 CRUDE SYNTJ=C RUBBER GROSS: 43,795 P0.10600 TART: 1,900 NET: 41,895 SO# 62596 TL Scc?S Ai ?k PCs. - MERIOAN WAR •-- ?' SHIPPER, pliR: CAR DATE: ti ti?l 6 r ? February 1, 2007 PPL Two North Ninth Street Allentown, PA 18101-1179 Tel. 800.748.7104 www.ppiweb.com American Warehouse 1918 Collinsworth Drive Houston, TX 77009 Re: Our Claim No.: 2007-00095 r % ?**#%Ma # r a,, 44, . pp, Our information reveals that on December 18, 2006, our Company's facilities sustained damage at 715 Fountain Avenue, in Lancaster, Lancaster County, Pa. The necessary repairs associated with this accident amount to $4,509.00, for which our invoice is enclosed. If you have insurance, please turn this bill over to your insurance carrier and advise us you have done so by calling our office at (800) 748- 7104. If you do not carry insurance, we will appreciate your early remittance in the amount of our invoice. In order to ensure proper credit to your account, please return the top portion of our invoice along with your payment, made payable to PPL Electric Utilities Corporation, sending same to PPL Corporation, P.O. Box 25222, Lehigh Valley, Pennsylvania 18002-5222. Please reference our property damage claim number 2007-00095. Sincerely, /s/ Thomas R. Halma Sr Claims Coordinator Enclosure ogc2b.doc January 12, 2007 PPL Two North Ninth Street Allentown, PA 18101-1179 Tel. 800.748.7104 www.ppiweb.com American Warehouse 1918 Collinsworth Drive Houston, TX 77009 Re: Our Claim No.: 2007-00095 i P P ? TY Our information reveals that on December 18, 2006, our Company's facilities sustained damage at 715 Fountain Avenue, in Lancaster, Lancaster County, Pa. We are preparing a bill covering the costs of necessary repairs, which will be forwarded to you. However, if you carry insurance, we will be glad to take this matter up directly with your insurance company if you will furnish us the name and address. Please complete the attached form and return it to this office in the enclosed self-addressed envelope provided for your use. If you have any questions regarding this matter, please contact our office at the above address or call (800) 748-7104. Sincerely, /s/ Thomas R. Halma Sr Claims Coordinator Attachment ogclb.doc FAX ?o? PP • . TM Office of General Counsel-Claims Two North Ninth Street Allentown, PA 18101 FAX -- (610)774-4102 If you have any problems receiving this fax, please call Thomas R. Halma at (800) 748-7104 Date: 1/31/07 Number of pages including cover sheet 2 To: Tony Carter American Wharehouse From: Thomas R. Halma Fax : 713 228 9989 Re: 12/18/06 incident PPL Claim: 2007-00095 Your Claim: . ? Urgent ® For your review ? Reply ASAP ? Please comment Tony, per our conversation, attached is the bill of lading. We would appreciate your assistance with providing the trucking company identity and phone and address. Thank you. This message is intended or56y fbf tha use of the indlyidua>• or entity 'ta which 'it is addressed. and may contain tf if the reader of this information that is privdoed; ttoerfidential end exempt.frog tli'scldsure under applicable 1 ift: message is not the intended recipient;. or the employee b :agent responsible for de.60r' the message to the intended recipient, you are Ferdby.notified that dissemit atibf,;.distributioaor copying of Ns;:cofrtrnunication is strictly prohibited. If you have received. this communication ift, error, please .notify us immediately.bgt telephone., and return the original message to us at the above address via the-US; Postal Service. Thank you. FAX ¦ . - • P P - TM Office of General Counsel-Claims Two North Ninth Street Allentown, PA 18101 FAX -- (610)774-4102 If you have any problems receiving this fax, please call Thomas R. Halma at (800) 748-7104 Date: 4/3/07 From: Thomas R. Halma Number of pages including cover sheet 5 To: Tracy, CLS Fax : 717 691 3367 Re: PPL Pole hit 12/18/06 PPL Claim: 2007-00095 Your Claim: ? Urgent ® For your review ? Reply ASAP ? Please comment Tracy: In follow up to our prior conversation and my fax to you dated February 2, 2007 (copy enclosed), I am now enclosing our repair invoice in the sum of $ 4,509.00. We have not had a response from you regarding our claim. Please advise as to your position on this matter. Should we not have a response from your company, we will initiate legal action to recover our damages. Thank you. FAX P P . TM Office of General Counsel-Claims Two North Ninth Street Allentown, PA 18101 FAX -- (610)774-4102 If you have any problems receiving this fax, please call Thomas R. Halma at (800) 748-7104 Date: 2/2/07 Number of pages including cover sheet 3 From: Thomas R. Halma To: Tracy, CLS Fax : 717 691 3367 Re: PPL utility pole hit 12/18/06 PPL Claim: 2007-00095 Your Claim: ? Urgent ® For your review ? Reply ASAP ? Please comment Tracy, attached is the bill of lading and our original notice letter to American Wharehouse (Goldsmith and Engleton), who in turn gave me your name and number. PPL replaced the broken utility pole. Colormill had the accident on security video, apparently the driver left the scene. Please let me know who the carrier is. Thank you. This message is intended only for--the - use of the individual or- entity to which it W. addressed, and may contain information that is privileged, corihddhtlat. and exempt from disclosure' under applicable [a W. Af the reader of this message is not the intended reclp!&tti or the employee of agent` responsible- for delivering the- message to the intended recipient, you are herebyfi6ti&d that dissemination, distribution of copying of .this ddrnmunicafion is strictly prohibited. If you have received. this e0 nmunication in error, please notify: us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank you. H :i [r1)Iw i !:44 AM CARLP'LE CARRIER CORE' AM Ar N& Ar L59 6 :P June 16`h, 2008 VIA FACSMILE 215-862-4393 Krzywicki & Associates Amy M. Glasgo, Legal Assistant Post Office Box 505 New Hope, PA 18938 LOGISTICS SERVICES 11VC. RE_ PPL ELECTRIC UTILITIES CORP. vs JAMES KING AND CARLISLE LOGISTICS SERVICES, INC., a/k/a CLS Dear Ms. Glasgo, Thank you for faxing a copy of the Bill of Lading. With that in hand, we were able to search our archives for information. CL-5 is a logistics company. CLS does not own any trucks or trailers, and does not employ drivers. CLS contracts with owner-operators. The contract Is valid only after insurance and other documents are verified. This particular load was going to be handled by CLS, however, the customer or shipper, American warehouse, decided to give it to C_ H. Robinson. And this is not uncommon, it happens often in the business. You will. need to contact C. H. Robinson for the identification of the.. carrier in this. case. They should be able to identify the carrier and the carrier's liability insurance company for you to contact for PPL's loss. The local telephone number we have on file is 717-975-2955. R)3-77 15-q:)3L In consideration of this corrected information, we ask you to please withdraw this Complain .. If we can assist you further, please do not hesitate to call. Thank you. Sincerely, *Xarbroth, CDS Director of Safety & Claims Cc; D. Metzler G. Cyrus 6380 Brac kbiil 8W. P.O. Box 1549 Mechanicsburg, PA 17055 (717) 691-3156 FAX: (717) 691-3367 EXHIBIT "D" 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 rx 717.441.0814 FAttorneys at Law February 26, 2009 Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 1893 8 Re: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 Dear Mr. Krzywicki: THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@forryullman.com Enclosed please find Defendant's answers to the Plaintiffs First Requests for Admissions. My client's carrier is interested in resolving this case, but would like some affirmative proof that defendant caused damage. The deposition of the person you claim witnessed the incident and/or reported the damage will likely be sufficient, since defendant is unaware of causing any damage while in Lancaster. Please schedule that person's deposition, or provide me with the full name, address and title of the person you believe has knowledge that my client damaged PPL property. If given that information, I will schedule the deposition myself. In addition, your client's responses to our interrogatories and Requests for Production of Documents are now overdue. Please provide these discovery responses. Very truly yours, ATHOS A. WIlVIl??R TAW/taw Enclosure Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryuliman.com 2000 Linglestown Road I Suite 3011 Harrisburg PA17110 PH 717.441.9257 1 Fx 717.441.0814 FAttorneys at Law THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@forryuliman.com March 25, 2009 Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 Re: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 Dear Mr. Krzywicki: Please let me know the status of obtaining the video of this incident and/or the deposition of the worker who reported the incident. Very truly yours, THO S A44LL TAW/taw Philadelphia - King of Prussia - Reading - Bethlehem - Scranton - Harrisburg www.forryuliman.com 2000 Linglestown Road i Suite 301 Harrisburg PA 17110 PH 717.441.9257 i Fx 717.441.0814 ForrylUllman Attorneys at Law May 20, 2009 Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 Re: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 Dear Mr. Krzywicki: THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@forryuliman.com Please let me whether you've heard anything regarding the status of obtaining the video of this incident. Very truly yours, THOMAS A. WIMMER TAW/taw Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryuliman.com 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 Px 717.441.0814 ForrylUllman Attorneys at Law July 6, 2009 Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 Re: Dear Mr. Krzywicki: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@forryullman.com It has been many months since we requested a copy of the video which allegedly shows the damage to a PPL pole taking place. We still do not have it, and perhaps we should simply schedule the deposition of the person (or persons) who reported this damage. As you know, my client is unaware of any damage being done during his trip to Lancaster, so the basis of your assertions that he caused the damage needs to be established. Please provide the names and address of each person who claims to have evidence of the happening of this damage, so that we can schedule depositions. Very truly yours, THOMAS A. WEVNIER TAW/taw Enclosure Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryullman.com EXHIBIT "E" 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 rx 717.441.0814 ForrylUllman Attorneys at Law August 10, 2009 Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 1893 8 Re: PP&L v James King No. 08-3478, Cumberland County C.C.P. Date of Loss 12/18/2006 Dear Mr. Krzywicki: THOMAS A. WIMMER, ESQUIRE VOICE MAIL EXTENSION: 101 E-MAIL: twimmer@forryullman.com Enclosed please find my client's verification to his responses to Requests for Admissions previously submitted to you. In addition, please find his verified Answers to both sets of Interrogatories to him, as well as copies of his driver's log for December 15- 18, 2006. I've been patient in waiting for some evidence that my client damaged your client's property, but you've advised that your subpoena yielded no video of this accident. I was then advised that PPL might have the video, which seems to be verified by the `Report of Damage to Company Property' form dated 12/18/06 which appears to state that the video was `picked up' on 12/18/06. Enclosed please find Requests for Admissions directed to PPL. As you know, my client is unaware of any damage being done during his trip to Lancaster, so the cost of continued defense of this claim is getting to be an issue. This is especially true where you've provided nothing but a bill of lading for a delivery as `proof of liability'. Very truly yours, THOMAS A. WIlvIlNIER TAW/taw Enclosure Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryullman.com Forry, Ullman, Ullman & Forry, P.C. Thomas A. Wimmer, Esquire Attorney ID No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King PPL ELECTRIC UTILITIES Plaintiff, V. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3478 CIVIL ACTION - LAW DEFENDANT, JAMES KING'S REQUESTS FOR ADNHSSIONS and INTERROGATORIES and REQUEST FOR DOCUMENTS DIRECTED TO PLAINTIFF, PPL ELECTRIC UTILITIES NOTICE TO PLEAD You are hereby notified to reply to the within Requests for Admissions within thirty (30) days from the date of service hereof or a default judgment may be entered against you. Defendant, James King, (hereinafter "Defendant") by and through his attorneys, Forry Ullman, submits the enclosed Requests for Admissions to be answered separately by Plaintiff. Failure to provide a timely response will result in these requests being deemed to be conclusively admitted. 1. PPL Electric Utilities (PPL) sustained damage to its property at 715 Fountain Avenue, Lancaster, PA at 3:05 am. on December 18, 2006, the exact location and identification of said property being identified in the `Statement of Damage To Company Property' provided by PPL to defendant's attorney, a copy of which is attached hereto as "Exhibit #I". Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state the date and time that PPL claims that damage to its property occurred, and the basis for this answer. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 2. Damage to PPL's property at 715 Fountain Avenue occurred on 12/17/06 and was only noticed on 1218/06, as stated in PPL's `Summary of Estimated Cost' dated 12/27/06, attached hereto as `Exhibit # 2'. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state basis for the factual allegations contained in Exhibit #2 regarding the date and time that PPL claims that damage to its property occurred and the time it was discovered. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 2 3. PPL, by and through its employee(s) took possession of the only copy of a security video which allegedly shows this damage being done. (See Exhibit #1.) Interrogatory: Identify the PPL employee who took possession of the security video identified in Exhibit #1 and identify all persons who viewed that security video, including the identity who presently has possession of this security video. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state basis for the factual allegations contained in Exhibit #2 regarding factual allegations that PPL took possession of the security video on 12/18/06. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 4. PPL failed to secure, preserve and maintain the security video which allegedly shows the damage to PPL property being done, and has been unable to provide it to defendant. 3 Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state reason for PPL's failure to produce the security video after discovery requests have been submitted to PPL and no objections were lodged. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 5. PPL's failure to secure, preserve and maintain possession of the security video prevents Defendant from establishing through independent evidence that he was not involved in causing damage to PPL's property. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state basis for PPL's continued failure to produce exculpatory evidence within its sole possession. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 4 6. PPL has no evidence that Defendant damaged PPL property at 715 Fountain Avenue, Lancaster, PA. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", identify the source of facts underlying the allegations by full name, address , title and by providing a copy of any written description of the incident prepared by such source. If no written description has been prepared by a source of facts, state to whom such facts were allegedly provided by each source, and whether any contemporaneous record of that conversation was made by the source and/or the recipient of such allegations. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 7. PPL has not provided a transcript or summary of a security video allegedly taken on 12/18/06 which purportedly shows damage to PPL property being done. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state the identity, including full name, address, title of the person who provided a statement concerning the contents of the security video which allegedly shows this 5 damage being done, including the date of such statement, whether it was written, recorded, or verbal only. Identify all those who have seen the transcript or written summary, if any, describing the contents of the video, and who heard the basis for the factual allegations that the security video shows this damage being done.. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 8. PPL has not provided a transcript of a recorded statement or a written summary prepared by anyone who purportedly viewed a surveillance video showing damage being done to the PPL property on 12/18/06. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state the identity, including full name, address, title of the person who provided a statement concerning the contents of the security video which allegedly shows this damage being done, including the date of such statement, whether it was written, recorded, or verbal only, and when it was given to Defendant or Defendant's attorney. Identify all those who have seen the transcript or written summary, if any, describing the contents of the video, and who heard the basis for the factual allegations that the security video shows this damage being done.. 6 Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 9. PPL is not entitled to recover attorneys fees in this action, even if it prevails on the merits of the case. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state basis for the factual allegations that PPL is entitled to Attorneys fees in this case, citing statutes, regulations or caselaw in support of such contentions. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 7 10. There is no evidence that Defendant damaged PPL property in Lancaster, PA. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state the factual basis for the denial, including the source of such facts and state when proof of such allegations were provided to Defendant and/or Defendant's attorney. Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. 11. Defendant has been mis-identified as the person or entity who damaged PPL property in Lancaster on December 2006. Interrogatory: If the reply to this Request for Admission is anything but an unqualified "Admission", state PPL's basis for the denial, including the source of any facts that support the allegations contained in Plaintiffs Complaint regarding the identity of the person alleged to have damaged PPL property, and the source of any facts that support the allegations concerning the date and time of damage to the PPL property. 8 Request for Production of Documents- Attach any document in support of any answer other than an unqualified "Admission" to this request. FORRY ULLMAN By:=?/?" THOMAS A. WRvI ER, ESQUIRE 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, James King 9 PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 08-3478 JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. Defendants CIVIL ACTION-LAW PROOF OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, being duly sworn according to law, deposes and says that I served a true and correct copy of the foregoing Request for Admissions, with Interrogatories and Requests for Production of Documents to Plaintiff by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 FORRY ULLMAN By: Zf? THOMAS A. WBVIMER, ESQUIRE Date: 5-(D-og1 10 EXHIBIT "F" l c i VF- J? f PT1' r? rltdr?'? r Ao led u 7 = 10 7P o = C C ry ro ^ N ? F Ir Y se °' I tf 1 C7 Cx I+ _ -sl S FGy ?? ??cl '4e?? zsD? it ?E K j 3 f _ r 1 I w. ?n?r wa ? Y y. W ' 67 y ? Q G • G GO R ^ SPRr?$1;11? /I L = P7X I d o _ 5 { r a 1 .w f c c .? p71- m ? s `c O a C? :t i U Ec== _ al '? S n £ C _? G 9t s 9J co W z f3 !; ?? G7 rvy w - i y na r-4 °_ ? A v F_F? ..JJJ p 5?? n zl 1to i? n ? I a c? c? - c 5 ? rL H 4: e? i ? Fn # ? . O ' S 1 ':?gSIA y z of H? C 0 a, o z '' - •? 7A ?07t h W 0 n o r ! i _ V w _ _ t-' P7Ji c _ 7 r N y Ss a ' %,?' `L i i? C ?Y ; A y ? C .a1 I t :Yp i'D i r . 5 C f ?• 3 K y?l O ? ?c -~ O I? h p at tin, to y r Y l `? c w p t-' " - s rJ +: w s,Y 4 ? ? C9 ?1) J f J C; - ? ? ri: J J @ (? n I _ ? f<f 1 0 I? 7 a ? r N r? 0 -1 Z7 V s ; Xh?Oil I a• I rat: _z n ?- mss' ?s=? C4 4 PRAECIPE FOR LISTING CASE FOR ARGUMENT N_ (Must be typewritten and submitted in triplicate) o TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) (List the within matter for `next W ------- ------------ - '-- -? PP&L ELECTRIC UTILITIES CORP. t? vs. JAMES KING, and CARLISLE LOGISTICS SERVICES, INC. No. BR , 3478 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): nefendant I a Mnf inn fnx summary Tudgmenf 2. Identify all counsel who will argue cases: (a) for plaintiffs: R °3 m =urn Anthony KrZ-ywi f FSCT»i rP. P-0- Rnx SOS, New Hope, PA (Name and Address) 18938 Thnmaa A Ammar Fa Ui ---e (b) for defendants: vorr-y ui]m -r 2nnn T j nql eafnwn Rd -sum '1111 , Harrisburg, (Name and Address) PA 1 71 08 3. 1 will notify all parties in writing within two days that this case has been listed for argument. ? hOnae A. Q; 4. Argument Court Date: Signature Thomas A. Wimmer Print your name nof??nt Attorney for C/Tl Date: /d INSTRUCT ONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 08-3478 Civil Term vs. JAMES KING and CARLISLE LOGISTICS SERVICES, INC., : a/k/a CLS, Defendants. ARBITRATION c r? M 2 co -< PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. DATED: March'), 2010 BY: KRZYWICKI & P.0 pox 50 Ne H jWelPA 189 (21 862-4390 Attorney for Plaintiff Attorney I.D. 23754 OCIATES, P.C.