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Home My WebLink About08-5318t IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, _._No. Ce - 5318 0' iV it Term vs. ARBITRATION MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally, or by attorney, and filing, in writing with the Court, your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, No. vs. ARBITRATION MATTHEW JAMES NORI and DARYL SWARTZ, Defendants COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendants arising out of damage to property owned by PPL ELECTRIC UTILITIES CORP. 2. PPL GAS 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, MATTHEW JAMES NORI, is an adult individual currently residing at 1824 Ritner Highway, Shippensburg, Pennsylvania, 17257. 4. Defendant, DARYL SWARTZ, is an adult individual currently residing at 14146 Lower Horse Valley Road, Orrstown, Pennsylvania, 17244. 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 GAS UTILITIES CORP. VS. MATTHEW JAMES NORI NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, MATTHEW JAMES NORI, while excavating for Defendant, DARYL SWARTZ, violated the Underground Utility Line Protection Law, Act 187 of 1996 in that he: a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, MATTHEW JAMES NORI, did not place a call to Call One system prior to excavating thereby risking a catastrophe. 8. Defendant, MATTHEW JAMES NORI, on or about October 8, 2007, while digging an electric line, struck and damaged a gas line owned and operated by PPL GAS UTILITIES CORP. at the vicinity of 1107 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania. 9. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant, MATTHEW JAMES NORI, to repay the sums then due and owing to Plaintiff, but Defendant, MATTHEW JAMES NORI, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $2,940.58, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL GAS UTILITIES CORP., demands judgment against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL GAS UTILITIES CORP. VS. MATTHEW JAMES NORI COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 above are incorporated by reference as if fully set forth. 13. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to October 8, 2007. 14. Defendant, MATTHEW JAMES NORI, did not exercise due care and did not take all reasonable steps to avoid damage to the underground primary cable owned by PPL GAS UTILITIES CORP., in that he; a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid. damage to Plaintiff underground utility lines; C) did not hand dig a test hole to identify location of the gas line; and d) did not inform PPL GAS UTILITIES CORP. or any other State, Federal or Local Agency that an active gas line had been damaged. WHEREFORE, Plaintiff PPL GAS UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III PPL GAS UTILITIES CORP. VS. DARYL SWARTZ VICARIOUS LIABILITY FOR ACTION OF AGENT 15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, MATTHEW JAMES NORI, was the general contractor for Defendant, DARYL SWARTZ, who struck and damaged an underground service cable. 17. Defendant, DARYL SWARTZ, permitted and encouraged the actions of its agent by not supervising the excavator and not requiring that the Defendant, MATTHEW JAMES NORI, place a Pennsylvania One Call. 18. Defendant, DARYL SWARTZ, is-vicariously responsible for the actions of its agents and employees. 19. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 20. The aforementioned damages were the direct and proximate result of the negligence of Defendant, DARYL SWARTZ, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to excavate more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, MATTHEW JAMES NORI, in digging an electric line. b) negligently and carelessly failing to properly supervise the operation and control of said excavation; and c) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $2,940.58. WHEREFORE, Plaintiff PPL GAS UTILITIES CORP. demands judgment against the Defendant, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKIA-ASSOCIATES By: New Hop A 1893 (215) 86 Attorney for Plaintiff Attorney I.D. 23754 DATED: September 2, 2008 Esquire VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unswom falsification to authorities. Dated: September 2, 2008 ?p ? 44- a j oo n P, c 3 0 3 -771 ' :: ?; 7 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Plaintiff, VS. MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. Civil Action - In Law No. 08-5318 Civil Term ARBITRATION PRAECIPE TO AMEND COMPLAINT TO THE PROTHONOTARY: Kindly amend the Complaint in the above-captioned Civil Action. DATED: September 24, 2008 BY: Atto ey for aintiff Y'0. Box 5 New H 1893 (215 2-4390 A rnev I.D. 23754 OCIATES Esquire U IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5318 Civil Term VS. ARBITRATION MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following Fages, 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5318 Civil Term VS. ARBITRATION MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. AMENDED COMPLAINT 1. This is an action by Plaintiff, PPL GAS UTILITIES CORP. to recover damages from Defendants arising out of damage to property owned by PPL GAS UTILITIES CORP. 2. PPL GAS 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, MATTHEW JAMES NORI, is an adult individual currently residing at 1824 Ritner Highway, Shippensburg, Pennsylvania, 17257. 4. Defendant, DARYL SWARTZ, was named as a Defendant incorrectly. Defendant, JOHN KALOVCAK, is unrelated to and was placed in Complaint due to a clerical error at Plaintiff's counsel's office. 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 GAS UTILITIES CORP. VS. MATTHEW JAMES NORI NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, MATTHEW JAMES NORI, while excavating for Defendant, DARYL SWARTZ, violated the Underground Utility Line Protection Law, Act 187 of 1996 in that he: a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, MATTHEW JAMES NORI, did not place a call to Call One system prior to excavating thereby risking a catastrophe. 8. Defendant, MATTHEW JAMES NORI, on or about October 8, 2007, while digging an electric line, struck and damaged a gas line owned and operated by PPL GAS UTILITIES CORP. at the vicinity of 1107 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania. 9. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant, MATTHEW JAMES NORI, to repay the sums then due and owing to Plaintiff, but Defendant, MATTHEW JAMES NORI, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $2,940.58, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL GAS UTILITIES CORP., demands judgment against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL GAS UTILITIES CORP. VS. MATTHEW JAMES NORI COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 above are incorporated by reference as if fully set forth. . 13. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to October 8, 2007. 14. Defendant, MATTHEW JAMES NORI, did not exercise due care and did not take all reasonable steps to avoid damage to the underground primary cable owned by PPL GAS UTILITIES CORP., in that he; a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiff underground utility lines; C) did not hand dig a test hole to identify location of the gas line; and d) did not inform PPL GAS UTILITIES CORP. or any other State, Federal or Local Agency that an active gas line had been damaged. WHEREFORE, Plaintiff PPL GAS UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI CIATES DATED: September 25, 2008 .rB???,SSQ 11 By: th P. Kr wic Box 5 New Ho A 18938 (215) -4390 Atiorney for Plaintiff Attorney I.D. 23754 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: September 25, 2008 CERTIFICATE OF SERVICE I hereby certify that on September 25, 2008, a copy of the forgoing Amended Complaint was mailed via First Class Mail to the following by placing same in a depository under the exclusive care and custody of the United States Postal Service addressed to the last-known address for Defendants' counsel or Defendant: Matthew James Nori 1824 Ritner Highway Shippensburg, PA 17257 Daryl Swartz 14146 Lower Horse Valley Road Orrstown, PA 17244 KRZYWIM & (ASSOCIATES DATED: September 25, 2008 Aafony . Krzywicki, Esquire O. x 505 NePA 18938 (0)1862-44390 Attorney for Plaintiff Attorney I.D. 23754 v =? r c?:° -,?a .?,A.-- ? ?" ?5? > r? ? _- ??: _ ? ?-: ?? l..a ? ?, ??? ? N IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Plaintiff, vs. MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. Civil Action - In Law No. 08-5318 Civil Term ARBITRATION PRAECIPE TO AMEND COMPLAINT TO THE PROTHONOTARY: Kindly amend the Complaint in the above-captioned Civil Action. ASS( ,IATES DATED: September 30, 2008 BY: f / X _L thony P. •cki, Esquire VwHope, for P aintiff x 50 8938 (215) 862 0 Attorney I.D. 23754 ra _ <:? `'t'4 ?, ? -i ?_ k'i`t; F11 .. ..?, ?'? - 4 :., :+ . 1 ?? ryv? ? :; ?.. ...' .? ?? ?t IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5318 Civil Term VS. ARBITRATION MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. SECOND AMENDED COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally, or by attorney, and filing, in writing with the Court, your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Plaintiff, Civil Action - In Law No. 08-5318 Civil Term vs. MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. ARBITRATION SECOND AMENDED COMPLAINT 1. This is an action by Plaintiff, PPL GAS UTILITIES CORP. to recover damages from Defendants arising out of damage to property owned by PPL GAS UTILITIES CORP. 2. PPL GAS 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, MATTHEW JAMES NORI, is an adult individual currently residing at 1824 Ritner Highway, Shippensburg, Pennsylvania, 17257. 4. Defendant, DARYL SWARTZ, was named as a Defendant incorrectly. Defendant, DARYL SWARTZ, is unrelated to and was placed in Complaint due to 'a clerical error at Plaintiff's counsel's office. 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 GAS UTILITIES CORP. VS. MATTHEW JAMES NOPII NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, MATTHEW JAMES NORI, while excavating violated the Underground Utility Line Protection Law, Act 187 of 1996 in that he: a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, MATTHEW JAMES NORI, did not place a call to Call One system prior to excavating thereby risking a catastrophe. 8 Defendant, MATTHEW JAMES NORI, on or about October 8, 2007, while digging an electric line, struck and damaged a gas line owned and operated by PPL GAS UTILITIES CORP. at the vicinity of 1107 Baltimore Road, Shippensburg, Cumberland County, Pennsylvania. 9. Defendants' actions or inaction as set forth above are the proximate] cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant, MATTHEW JAMES NORI, to repay the sums then due and owing to Plaintiff, but Defendant, MATTHEW JAMES NORA, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $2,940.58, including: posts and attorneys fees. WHEREFORE, Plaintiff, PPL GAS UTILITIES CORP., demands judgm?nt against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT H PPL GAS UTILITIES CORP. VS. MATTHEW JAMES NOW COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 above are incorporated by reference as if fully set forth. 13. Plaintiff used standard industry markings to identify the location o? its active- underground gas utility line prior to October 8, 2007. 14. Defendant, MATTHEW JAMES NORI, did not exercise due care and did not take all reasonable steps to avoid damage to the underground primary cable owned by PPL GAS UTILITIES CORP., in that he; a) did not employ prudent excavation techniques to ascertain ? e precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiff underground utility lines; C) did not hand dig a test hole to identify location of the gas line; and d) did not inform PPL GAS UTILITIES CORP. or any other State, Federal or Local Agency that an active gas line had been damaged. WHEREFORE, Plaintiff PPL GAS UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $2,940.58, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI &,ASWCIATES DATED: September 30, 2008 By: PP. BoaC505 I ew ope, g'?118938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 t 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 Ed belief, 1 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. §14904 relating to unsworn falsification to authorities. Dated: September 30, 2008 CERTIFICATE OF SERVICE I hereby certify that on October 1, 2008, a copy of the forgoing Amended Complaint was mailed via First Class Mail to the following by placing same in a depository under the exclusive care and custody of the United States Postal Service addressed to the last- Defendants' counsel or Defendant: Matthew James Nori 1824 Ritner Highway Shippensburg, PA 17257 Daryl Swartz 14146 Lower Horse Valley Road Orrstown, PA 17244 DATED: October 1, 2008 By address for r., ?? ti ?' .-.? ? _??_1 t..? ' } . -,r_, - ? ??v? 7 # `.:? '-? _' } ??? ^-?-? I ' .? ° #.X? .^? ? " ?;S Y IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Plaintiff, vs. MATTHEW JAMES NORI and DARYL SWARTZ, Defendants. Civil Action - In Law No. 08-5318 Civil Term ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendant, DARYL SWARTZ ONLY, without prejudice upon payment of your costs only. DATED: September 25, 2008 KRZYWICKI &A"OCIATES BY: Anthon y . Krzyw' ci, Esquire P.O ox 505 New Hope, P 18938 (215)862- 90 Attorney for Plaintiff Attorney I.D. 23754 9. W t CrI4 i` IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL GAS UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5318 Civil Term VS. ARBITRATION MATTHEW JAMES NORI and DARYL S WARTZ, Defendants. 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. KRZYWICKI & ASSOCIATES DATED: October 24, 2008 F Attorney for Plaintiff Attorney I.D. 23754 'Z' #'} .... "mot r3,. d SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2008-05318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL GAS UTILITIES CORP VS NORI MATTHEW JAMES ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SWARTZ DARYL but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 14th , 2008 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers* - Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas ne Dep Franklin Co 50.55 Sheriff o Cumberland County Postage 1.85 77.40 11/14/2008 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR ..CASE NO: 2008-05318 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL GAS UTILITIES CORP VS NORI MATTHEW JAMES ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 7,Tnl)T MArrrPu71G7 .TDMPQ the DEFENDANT , at 1210:00 HOURS, on the 12th day of September, 2008 at 1824 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to JENNIFER NORI, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,,].sofa r 9., Sworn and Subscibed to before me this of So Answers: 18.00 19.00 .00 10.00 R. Thomas Kline .00 47.00 11/14/2008 KRZYWICKI & ASSOCIATES By: day Deputy Sheriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania PPL Gas Utilities Corp vs. Matthew Janes Nori et al SERVE: Daryl Swartz No. 08-5318 civil Now, September 9, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, V 3 ,Se&%md owes , 20 y 8 , at ) u-0 o'clock J M. served the within Z, ft . ,? upon -,(?,g?fYL JL,.r7 Z at by handing to '- , , / a copy of the original and made known to 6Ziw the contents thereof. IMP& 0 CD .? C. .NWEALT?OF,1N1N YLVANIA RKHARD D. WCARTY, Notary Public ?m? urgSolo, Franklin County Expires Jan. 29, 2011 Sworn d subscribed b fore me thi3 day of , 20 N k So answers, i< O Sheriff of County, PA COSTS SERVICE _ MILEAGE_ AFFIDAVIT