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HomeMy WebLinkAbout08-5462IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. a$ - 5462 0'tvll 'Em vs. ARBITRATION BRANDI L. JONES and WAYNE E. JONES, 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 IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. G V'. s-,i 6 ? ` ?t,, BRANDI L. JONES and WAYNE E. JONES, Defendants. COMPLAINT ARBITRATION 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 2. PPL ELECTRIC UTILITIES CORP. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, Pennsylvania, 18101. 3. Defendant, BRANDI L. JONES, is an adult individual residing at 360 Mooredale Road T-466, Carlisle, Pennsylvania, 17013. 4. Defendant, WAYNE E. JONES, is an adult individual residing at 360 Mooredale Road T-466, Carlisle, Pennsylvania, 17013. 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. BRANDI L. JONES 6. Defendant, BRANDI L. JONES, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle while under the influence of alcohol. b) operated said vehicle at an excessive rate of speed under the circumstances; C) failed to have said vehicle under proper and adequate control; d) failed to keep a proper lookout; e) operated said vehicle in a reckless and careless manner; f) failed to keep vehicle in the proper lane of travel; g) failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; h) failed to remain alert and attentive under the circumstances; i) operated the vehicle without due regard for the rights, safety and position of the Plaintiff, j) operated the vehicle in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles on public streets, highways and roadways; k) being negligent at the law; and 1) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 8. Defendant, on or about April 5, 2008, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of Route 11, Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 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 $10,992.50. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $10,992.50, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. WAYNE E. JONES 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, WAYNE E. JONES, was the owner of the vehicle driven by Defendant, BRANDI L. JONES, that hit the active utility poles and overhead facilities. 14. At the time of the aforesaid accident, Defendant, WAYNE E. JONES, was responsible for the actions of his agent, BRANDI L. JONES. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, WAYNE E. JONES, 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, BRANDI L. JONES; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, BRANDI L. JONES, 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, WAYNE E. JONES, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $10,992.50. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $10,992.50, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: September 11, 2008 Respectfully submitted, KRZYWICKI &,k<S, TES By: ?.0. 505 Hope, P 893 (215)862- 4 Attorney laintiff Attorney I.D. 23754 Esquire rra C f"? ? O s o ?11 t zo CASE NO: 2008-05462 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS JONES BRANDI L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JONES BRANDI L was served upon the DEFENDANT , at 0014:51 HOURS, on the 25th day of September, 2008 at 360 MOOREDALE ROAD T-466 CARLISLE, PA 17013 BRANDI L JONES DEFENDANT by handing to 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 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 .00 Ivly?/OS 34.00 Sworn and Subscibed to before me this day So Answers: ,jV • R. Thomas Kline 09/26/2008 KRZYWICKI & ASSOCIATES By __._?---- Deputy iff of A.D. ,-, ,-N CASE NO: 2008-05462 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS JONES BRANDI L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JONES WAYNE E was served upon the DEFENDANT , at 0014:51 HOURS, on the 25th day of September, 2008 at 360 MOOREDALE ROAD T-466 CARLISLE, PA 17013 by handing to BRANDI L JONES WIFE OF DEFENDANT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 1v Jo 1 ?0 $ ?n T16 . 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/26/2008 KRZYWICKI & ASSOCIATES By: puty e if of A. D. PPL ELECTRIC UNTILITIES CORP., Plaintiff, VS. BRANDI L. JONES and WAYNE E. JONES, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5462 CIVIL TERM : CIVIL ACTION - IN LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, BRANDI L. JONES and WAYNE E. JONES in the above-captioned matter. Date: ' i tS U?Ali_ - Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 10 PPL ELECTRIC UNTILITIES CORP., Plaintiff, vs. BRANDI L. JONES and WAYNE E. JONES, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5462 CIVIL TERM CIVIL ACTION - IN LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 ff ?, Dated: (0- ? J Mark F. Bayley, Esquire N ';1i O cn PPL ELECTRIC UNTILITIES CORP., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08 - 5462 CIVIL TERM BRANDI L. JONES and WAYNE E. JONES, Defendants. CIVIL ACTION - IN LAW ANSWER AND NOW, come Defendants, Brandi L. Jones and Wayne E. Jones, by and through their attorney, Mark F. Bayley, and respond to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. a-1 These averments constitute legal conclusion to which no response is necessary; to the extent a response is deemed necessary these averments are denied. 8. Admitted. 9. This averment constitutes legal conclusion to which no response is necessary; to the extent a response is deemed necessary this averment is denied. 10. Denied. 11. Denied. WHEREFORE, Defendant respectfully requests Count 1 of Plaintiffs Complaint to be dismissed. 12. No response necessary. 13. Admitted. 14. Denied. 15. a-f These averments are denied. 16. This averment constitutes legal conclusion to which no response is necessary; to the extent a response is deemed necessary this averment is denied. 17. Denied. WHEREFORE, Defendant respectfully requests Count 2 of Plaintiffs Complaint to be dismissed. ? b -Z\-(-off Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquir 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 VERIFICATION We verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. 1 Brandi L. Jones, Def dant Wayne E. J es PPL ELECTRIC UNTILTTIES CORP., Plaintiff, VS. BRANDI L. JONES and WAYNE E. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5462 CIVIL TERM CIVIL ACTION - IN LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 Date: Mark F. Bayley, Es e c:: r.?::.5 , . ?? z-. , --a c, `? .u ' .t_ ,_ ,, . -r-? ?y ? _ ? ? / KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., : Plaintiff, Civil Action - In Law vs. No. 08-5462 Civil Term BRANDI L. JONES and ARBITRATION WAYNE E. JONES, Defendants. MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, PPL Electric Utilities Corp., moves the Court to enter an order in the form attached, directing Defendant, Brandi L. Jones, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, Brandi L. Jones, on October 30, 2008 and January 6, 2009. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, Brandi L. Jones, have been received by Plaintiff as of the date of this motion. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. respectfully requests the Court to enter an order-directing Defendant, Brandi L. Jones, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. DATED: March 9, 2009 B3 Respectfully submitted, KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 1893 8 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, : Civil Action - In Law vs. No. 08-5462 Civil Term BRANDI L. JONES and WAYNE E. JONES, Defendants. ARBITRATION MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, PPL Electric Utilities Corp., to recover sums due from damages to their property. Plaintiffs Interrogatories directed to Defendant, Brandi L. Jones, were served on Defendant on October 30, 2008 and January 6, 2009. Plaintiff has received no answers or objection to Plaintiffs Interrogatories directed to Defendant, Brandi L. Jones, no answers have been produced and no extension of time to answer has been requested by the Defendant. II. DISCUSSION Defendants' failure to answer Plaintiffs Interrogatories directed to Defendant, Brandi L. Jones, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a) (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally, Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make ...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co., 268 Pa. Super. 245, 407 A.2d 1338 (1972), the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order, in the form attached, directing Defendant to comply with Plaintiff's discovery requests. Respectfully submitted, KRZYWICKI,A' AS,9'OCL4TES DATED: March 9, 2009 BY: Esquire EXHIBIT A LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 SECOND REQUEST January 6, 2009 Bayley & Mangan 17 West South Street Carlisle, PA 17033 Attn: Mark F. Bayley, Esquire RE: PPL Electric Utilities Corp. vs. Brandi L. Jones and Wayne E. Jones Civil Action No.: 08-5462 Civil Term Our File No.: 2685-PD Dear Mr. Bayley: Enclosed herewith please find a true copy of Interrogatories Directed to Defendant, Brandi L. Jones. previously sent on October 30, 2008. Please answer this Discovery within the time that has been allotted in the Rules of Court. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, Anthony P. Krzywicki Attorney for Plaintiff APK/srr Encl. LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 October 30, 2008 Bayley & Mangan 17 West South Street Carlisle, PA 17033 Attn: Mark F. Bayley, Esquire RE: PPL Electric Utilities Corp. vs. Brandi L. Jones and Wayne E. Jones Civil Action No.: 08-5462 Civil Term Our File No.: 2685-PD Dear Mr. Bayley: Enclosed herewith please find Plaintiff's Interrogatories Directed to Brandi L. Jones. Please answer this Discovery within the time that has been allotted in the Rules of Court. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, Anthony P. Krzywicki Attorney for Plaintiff APK/srr Encl. Krzywicki & Associates Anthony P. Krzywicki 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 No.: 08-5462 Civil Term vs. BRANDI L. JONES and WAYNE E. JONES, Defendants PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT, BRANDI L JONES Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves on Defendant the following set of interrogatories and first request for documents, to be answered separately by each Defendant. Definitions 1. The term "incident/accident" as used hereinafter refers to the subject of this litigation, the events or occurrences of which are set forth in the complaint filed in this matter. 2. The term "identify" means the party served with these Interrogatories must identify all documents, things and persons known to that party or to that party's attorney, and the addresses of all persons identified must be set forth. 3. The term "address or location" as hereinafter used shall mean the last known address or location, giving the street number, name of street, city and state. 4. The term "defendant" as used hereinafter shall mean the defendant, its officers, directors, agents, servants, employees, attorneys, representatives, or anyone acting on its behalf. 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 Defendant or his/her attorneys. 2. These interrogatories are intended as continuing requiring that they be supplemented within thirty (30) days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. INTERROGATORIES 1. State your full name, present address, present business or occupation, and your date of birth. 2. What is the extent of your formal education? 3. With respect to each form of employment you had had in the past ten (10) years, state: a. the name and address of your employer; b. the dates of employment; C. the nature and duties of the employment; d. wages or earnings on an hourly, weekly or annual basis. 4. Did you have issued to you a drivers license authorizing you to operate a motor vehicle at the time of the accident? 5. How many years have you been a licensed driver? 6. Have you ever had a driver's license which contained any restrictions of any sort? If so, state: a. the restriction; b. the name of issuing State; C. the date of issuance; d. all offenses or violations recorded on a license. 7. What was the extent of your driving experience prior to the accident herein? 8. Have you ever traveled the roadway on which the accident occurred prior to the time of said accident? If so, state: a. the extent of previous travel; b. when you last traveled same prior to the accident. 9. Do you have normal vision without the use of eyeglasses or other corrective lenses? If so, do you ever wear dark, colored or sunglasses while driving? If so, were you wearing such glasses at the time of the accident? 10. If you do not have normal vision without the use of eyeglasses or other corrective lenses, were you wearing eyeglasses or other corrective lenses at the time of the accident? If not, explain why not. If so, were they dark, colored or tinted? 11. Was anyone with you at the time of the accident? If so, state: a. the name, address, telephone number and occupation of each person; b. where they were situated in your vehicle; C. whether they witnesses the accident; d. what they were doing at the time of the accident. 12. In reference to the trip you were taking at the time of the accident herein, state: a. where it started; b. the exact time that it stated; C. where it was scheduled to end; d. when you were due to arrive at your intended destination; e. stops which had been made prior to the accident; f. the stops which you intended making over the uncompleted part of your trip; g. the reason(s) for the trip. 13. To what degree, if any, was your visibility impaired as you traveled the last 100 yards leading to the point where the accident occurred, by the presence on or about the road of a curve, bump, depression, incline, downgrade, embankment, signboards, vehicles, people, smoke, dust, materials in the air, rain or other precipitation, vegetation, or any other condition? 14. What was the weather condition at the time of the accident and what was the condition of the roadway? 15. Approximately how many seconds elapsed between the time you first realized that an accident might happen and the actual happening thereof? 16. At the scene of the accident, what was the posted speed limit? What was the maximum safe speed under the conditions that existed at the time of the accident? IT What, if anything, was done by you in the operation of your vehicle to attempt to avoid the accident? 18. Did you apply your brakes immediately prior to the accident: If so, state: a. the distance in feet from the point of accident when your brakes were first applied; b. the distance in feet traveled by your vehicle from the point of application of your brakes to your stopping point; C. If not, explain why not. 19. Do you have difficulty in judging distance? If so, describe such difficulty. 20. As a result of the accident, did the investigating police officer cite you for any driving infraction? If so, give details for each citation and indicate the final disposition thereof. 21. At the time of the accident, what was the condition of your brakes, steering apparatus, tires and lighting equipment? 22. What were your hours of employment of the day of the accident? 23. Have you ever suffered from blackouts, amnesia, epilepsy, fainting spells, dizziness or any other condition, which would impair your ability to operate a vehicle? If so, for each ailment state: a. the date of occurrence; b. the place of occurrence; C. the name and address of the physician attending the condition; d. your present condition with respect to these problems. 24. Were you suffering from or were you affected by any of the following ailments, diseases or disorders at the time of the accident: a. those involving the muscular system; b. those involving the ocular system; C. those involving the auditory system; d. those involving the nervous system; e. those involving the head or any of its parts; f. those involving the heart and circulatory system; g. If so, explain each condition in detail. 25. Prior to the accident in question, had you ever been involved in any collision involving motor vehicles? If so, as to each, state: a. the date, time and location of the accident; b. the name and addresses of the persons involved; C. whether any legal proceedings were commenced; d. the names and addresses of the parties involved in such legal proceedings; e. the Court, Term and Number of such legal proceedings; f. the result of such legal proceedings. 26. State whether or not any liability insurance policies were carried by you or anyone else at the time of the accident described in the Complaint which covered you or the motor vehicle involved in the accident which was operated by you. 27. If your answer to the proceeding Interrogatory is in the affirmative, state the following: a. the name and address of the company issuing each policy; b. the policy number of each such policy; C. the names and addresses of the persons named as insured under each such policy; d. whether the insurance company issuing each policy has denied coverage with respect to the accident for any reason; and if so, the nature and reason given for such denial; e. whether the insurance company issuing each policy has required the execution of any agreement by you or on your behalf before undertaking to investigate and/or defend this action; and if so, the nature of such agreement, the reason the agreement was required and whether or not you or anyone acting on your behalf executed such agreement; f. whether to the best of your knowledge, each of said policies provided coverage for the damages named in the Complaint and was in full force and effect on the date of the accident; and if not, state in full why said policies were not in effect, specifically listing each such policy or policies and each and every person. 28. Do you, or anyone acting on your behalf, have knowledge of any person who witnessed the accident or who has or claims to have knowledge of any facts surrounding its occurrence? If so, state the name, address, telephone number, occupation and any relationship to you of each such person. 29. Did you make a verbal statement to anyone at the time following the accident with respect to any facts surrounding its occurrence? If so, what is the name, address, telephone number and occupation of each person to whom you made such statement? 30. If you will do so without a motion to produce, please submit the substance of each statement referred to in your answer to the preceding Interrogatory. 31. Was a written statement taken from you by anyone following the accident? If so, state: a. the date it was taken; b. the name, address, telephone number and occupation of the person who took the statement; C. the name, address, telephone number and occupation of the person who has custody or control of the statement. 32. If you will do so without a motion to produce, attach a copy of each statement to your answers to the preceding Interrogatory. 33. Did you, or any representative acting on your behalf, take a written statement from anyone following the accident that concerns any facts surrounding its occurrence? If so, for each statement, state: a. the date it was taken; b. the name, address, telephone number, occupation and relationship to you of the person who took the statement; C. the name, address, telephone number, occupation and relationship to you of the person who gave the statement; d. the name, address, telephone number, occupation and relationship to you of the person who has custody or control of the statement. 34. If you will do so without a motion to produce, attach a copy of each statement to your answers to these interrogatories. 35. Subsequent to the accident, did you or anyone acting on your behalf inspect your vehicle to ascertain whether there were any dents, scrapes or other damage thereto? If so, state: a. the name, address and telephone number, occupation and relationship to you of each person making such inspection; b. describe each item of damage. 36. Prior to the accident, were there any dents, scrapes, or other damage to your vehicle? If so, describe each such item of damage. 37. Were any repairs made to your vehicle following the accident? If so, state: a. the date the repair was made; b. the name, address, telephone number and occupation of the person who made the repair; C. the description of the repair that was made. 38. Are you or any representative or any person acting on your behalf in possession of any photographs of any of the vehicles or persons involved in this accident, the locale or surrounding area of this site of the accident, or any other matters of things involved in this accident? 39. If your answer to the preceding Interrogatory is in the affirmative, state: a. the dates when such photographs were taken; b. the name and address of the party taking them; c. where they were taken; d. the object or subjects or the particular site or view which each photograph represents; e. the present whereabouts of the photographs and the name and address of the person in possession or custody of same. 40. State whether you, or anyone acting on your behalf, made or obtained any plans, drawings, sketches, or diagrams of the site of the accident and if so, state: a. the identity of each said plain, drawing, sketch or diagram; b. the date when each of the same was made; C. the name and address of the person making the same; d. the name and address of the person having custody of same. 41. Do you expect to call an expert witness at the trial of this case? If so, state his name, address and field of expertise within which he/she will testify. 42. List the names and address of each person you intend to call as a witness at the trial of this case. 43. Were you forced to discontinue work by reason of this accident? 44. Did you return to work? If so, please state the approximate date of return. 45. If you have not returned to work, have you tried to find work? 46. Please state the total amount of wages you lost as a result of the alleged accident. 47. Have you received financial compensation for any period of time due to the accident? If so, please state: a. total amount received; b. source of compensation. 48. Please list the names and addresses of any and all physicians who have treated you for any reason prior to this accident; also listing dates of visits and reasons for such. 49. Have you ever been involved in any other type of accident (for example: slip and fall, injury at work, etc.) prior to the accident in question? If so, please state: a. date and location of the accident; b. nature and description of the accident; C. injuries received; d. name and addresses of all attending physicians; e. nature of treatments received. 50. Were legal proceedings instituted as a result of any accidents listed in your answer to the preceding Interrogatory? If so, please state; a. name and address of the parties involved; b. court, term and number of proceeding; C. final disposition of proceedings. 51. Have you ever filed any prior civil suits or claims for any type of personal injuries? If so, please state: a. name and address of parties involved; b. court, term and number of proceedings; C. substance of claim; d. final disposition of the proceedings. 52. Have you ever been hospitalized prior and/or subsequent to this accident (i.e., for reasons other than the injuries which allegedly resulted from this accident)? If so, please state: a. name and address of the hospital; b. name and address of all attending physicians; C. date of hospitalization; d. reason for hospitalization; e. whether or not a complete recovery was made; f. approximate date of recovery; g. any and all temporary or permanent disabilities which resulted. 53. Have you ever filed a claim for worker's compensation benefits? If so, please state: a. name and address of employer at the time of the accident which led to the claim; b. date and description of the accident and injuries; C. court where claim was filed; d. total amount received for the claim; 54. Have you ever filed for and/or are you currently receiving any Social Security disability benefits? If so, please state: a. office to through the request for benefits was filed; b. nature and extent of disability; C. dates of disability; d. inclusive dates of receipt of benefits; e. total amount received to date. 55. Have you ever filed for any type of disability benefits from any insurance companies? If so please state: a. name and address of the companies; b. date of the claims; C. nature of claims; d. amount of payment received, if any; e. final disposition of the claim. 56. Please identify any and all drugs and medications you were taking prior to this accident by stating for each: a. specific name of drug, b. dates of use; C. dosage; d. reasons for use; e. names and addresses of the physicians prescribing the medication 57. Please identify any and all drugs and medications you have taken subsequent to this accident by stating for each: a. specific name of drug; b. dates of use; C. dosage; d. reasons for use; e. names and addresses of the physicians prescribing the medication. 58. Prior to this accident, have you ever used any type of physical aids (for example: cane, walker, neck or back brace, etc.)? If so, please state: a. identify the aid; b. state the reason for its use; C. state the date you began to use the aid. 67. In your own words, state how the accident, which is the subject of this lawsuit, occurred. 68. Please state where the answers to these Interrogatories were prepared and the name and address of any and all persons aiding or helping you or giving you information in connection with the preparation of these answers. Dated: October 30, 2008 By: KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Interrogatories Directed to Defendant, Brandi L. Jones by depositing true co ies p thereof in a depository under the exclusive care and custody of the United States Postal Service, in a prepaid envelope, via First Class Mail, and addressed as follows: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 KRZYWICKI & ASSOCIATES Dated: October 30, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 DATED: March 9, 2009 By: KRZYWICKI & PO Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney ID 23754 h? - : 1'77 . _, IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 08-5462 Civil Term BRANDI L. JONES and ARBITRATION WAYNE E. JONES, Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Motion to Compel Discovery in the above matter, addressed to Defendants' attorney, Mark F. Bayley, Esquire, at his last known address, which is Bayley and Mangan, 17 West south Street, Carlisle, Pennsylvania, 17013, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 9, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI & ASSOCIATES By: Sworn to before me this lilt, day of ?OrCjj -, 2009. N ARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, FUCKS COUNTY My Commission Expires Mar 14, 2012 ?1aifhony P. Attorney fo aintiff P. O. Box 505 New Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 uNrrFVS?nrES o Z ?• Certificate Of Mailing o D o This Certificate of Marling provides evidence that mail has been pre sented tb USPS® for mailing. 'O m This form may be used for tlomestic and international mad. c Y From: r? N "ZYWICKI & ASSOCIATES wr?av yggEi rg,? 389'8 CD Z,, 7M `".fiff mx E ark f. (5CQu,f lei F-S eywleu X VKSA c^ Wv to D m HOD/Y-P() 00 ('rarl??le?!'A 1-70(3 PS Form 3817, April 2007 PSN 7530-02-000-9065 Z68S `} to G., C`. Krzywicki & Associates Anthony P. Krzywicki 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 No.: 08-5462-Civil Term vs. BRANDI L. JONES, and WAYNE E. JONES, Defendants. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO BRANDI L. JONES Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of requests for admissions to be answered separately by the defendant. Definitions 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 April 5, 2008, you operated a 1993 Oldsmobile Cutlass Ciera owned by Wayne E. Jones in the vicinity of Route 11, Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. On or about April 5, 2008, you were traveling west on Mooredale Road when you failed to stop at a posted Stop sign located at the intersection of Ritner Highway 3. On or about April 5, 2008, while operating the 1993 Oldsmobile Cutlass Ciera you failed to stop at the Stop sign traveled across Ritner Highway and struck a utility pole, 4. On or about April 5, 2008, after striking the utility pole, prior to police arrival, you fled the scene of the accident. 5. On or about April 5, 2008, you stated to Officer Michael Brandtonies that you left your residence in your father's (Wayne E. Jones) 1993 Oldsmobile Cutlass Ciera. 6. On or about April 5, 2008, you left your residence in your father's (Wayne E. Jones) 1993 Oldsmobile Cutlass Ciera. 7. On or about April 5, 2008, you stated to Officer Michael Brandtonies that you were intoxicated. 8. On or about April 5, 2008, you were intoxicated while operating the 1993 Oldsmobile Cutlass Ciera. 9. On or about April 5, 2008, you stated to Officer Michael Brandtonies that you did not have a reason for traveling through the Stop sign. 10. On or about April 5, 2008, you had no reason for failing to stop at the Stop sign. 11. On or about April 5, 2008, you stated to Officer Michael Brandtonies that you were mad at your boyfriend and you did not remember much else. 12. On or about April 5, 2008, you were mad and your boyfriend and do not remember much else. 13. You were charged with a DUI relating to the accident on or about April 5, 2008. 14. You were charged with driving a vehicle at an unsafe speed relating to the accident on or about April 5, 2008. 15. The owner of the 1993 Oldsmobile Cutlass Ciera gave you permission use the vehicle on the day of the accident, April 5, 2008 9. You were the driver of the 1993 Oldsmobile Cutlass Ciera involved in the accident on or about April 5, 2008, which is the subject of this litigation. Dated: March 31, 2009 BY: KRZYWICKI & N CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Requests for Admissions Directed to Defendant, Brandi L. Jones 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: Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attn: Mark F. Bayley, Esquire KRZYWICKI & Dated: March 31, 2009 BY: Anthony P. Krvicki, Esquire Attorneys for Plaintiff O THE i ROTHnOTARY 2009 APR -6 Ph 2- 46 '?'? #ri ?u dr? r PPL Electric Utilities Corp., Plaintiff, VS. Brandi L. Jones and Wayne E. Jones, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5462 Civil Term 2006 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Anthony P. Krzywicki, Esc counsel for the plaintiff/U >W in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $.10 , 9 9 2.5 0 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anthony P. Krzywicki, Attorney for Plaintiff Mark F. Bayley, Attorney for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respect y submitt d, Date: June 30, 2009 ntho P rz icki, Esquire IX? A rn fo laintiff AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ,, IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. : BRANDI L. JONES and WAYNE E. JONES, Defendants. Civil Action - In Law No. 08-5462 Civil Term ARBITRATION CERTIFICATE OF SERVICE I hereby certify that on June 30, 2009, a copy of the forgoing Petition for Appointment of Arbitrators 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: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorney for Defendants, Brandi L. Jones and Wayne E. Jones DATED: June 30, 2009 KRZYWICKI By: P.O ox 5 ew Ho A 18938 (215) 8 2-4390 Attorney for Plaintiff Attorney I.D. 23754 TES, P.C. 7 UID- JE 2009 AL -2 A H: 5L, i'a?• o'I L llll? (2K--w /0106 RA- i PPL Electric Utilities Corp., Plaintiff, VS. Brandi L. Jones and Wayne E. Jones, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5462 Civil Term 2006 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE ]URGES OF SAID COURT: Anthony P. Krzywicki, Esc?rounsel for the plaintiff/jd in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $10 , 9 9 2.5 0 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anthony P. Krzywicki, Attorney for Plaintiff Mark F. Bayley, Attorney for Defendants WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respect y submitt d, Date: June 30, 2009 ntho P rz icki, Esquire A rn fo laintiff AND NOW, )200 9 , in consideration of theforegoing petition, Esq., and ( . Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. C urt, Y k5 LAI 101-\ DGAR B. BAYLEY E 2 G P 9 J;?i_ r t 04 Y YY , P4? 10. k&xywiclam, IN THE COURT OF COMMON PLEAS, LANCASTER COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 08-5462 Civil Term BRANDI L. JONES and ARBITRATION WAYNE E. JONES, ; Defendants. PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendant, Wayne E. Jones ONLY, without prejudice upon payment of your costs only. KRZYWICKI & ASSOCIATES, P.C. DATED: June 30, 2009 BY: thony P. M)od, O. 05 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 BLED-O.F' CE OF THIE' 2009 JUL 10 A 11: 11 ?8.60 ?CL lll? Gtr ?atrs .2- ;k 7 ea PPL ELECTRIC UTILITIES CORP., PLAINTIFF V. BRANDI L. JONES AND WAYNE E. JONES, DEFENDANTS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5462 CIVIL TERM ORDER OF COURT AND NOW, this ?..-. day of July, 2009, the appointment of H. Anthony Adams, Esquire, as the chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Keith O. Brenneman, Esquire, isted in his place. eith O. Brenneman, Esquire Court Administrator v sal By the ? u Edgar B. a ey, J. FILED-01 iICIE OF TIE PROs :?_.h,!fYARY 2009 J UL 22 AM its- 5 ? .$ O-RAW/2009 09:09 2158624393 KRZYWICKI & ASSOCIATES, P.C. Anthony P. Ktzy wic1d, Esquire P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 KRZYWICKI & ASSOC. PAGE 02102 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILrrMS CORP., Plaintiff, VS. BRANDI L. JONES and ; W,AYNE E. JONES, Defendants. BY: JUDGMENT BY STIPULA'T'ION TO THE Prothonotary: Kindly enter judgment in favor of the plaintiff, PPL Electric Utflities Corp., and against the Defendant, Brandi L. Jones, in the amount of $8,292.50 together with interest at the legal rate from this date forward. DATED: September 28, 2009 Brandie L. Jones Date 360 Mooredale Road Carlisle, PA 17013 Civil Action - In Law No. 08-5462 CIVIL 'ARM ARBITRATION KRZYWICKI for .TES, P.C. FILED--o? FICE OF THc Pr lgMO vOTA?'! 200 OCT 13 PM 1= 59 F`[-DNNS\ Xl' ?1. +14..0 PP ATT`1 cx'v 10514 A)o-ke.. J,.lat6d 2685PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Brandi L. Jones Mark F. Bayley, Esquire 360 Mooredale Road T-466 Bayley & Mangan Carlisle, PA 17013 17 West South Sreet Carlisle, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs Brandi L. Jones Defendant Wayne E. Jones Defendant No. 08-5462 Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long ( ) Judgment by Default Prothonotary (XX) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ?0?3/09 ( ) Judgment on verdict ( ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 PPL ELECTRIC UTILITIES, CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDI L. JONES AND WAYNE E. JONES, DEFENDANTS 08-5462 CIVIL TERM ORDER OF COURT AND NOW, this 2A& day of November, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Keith O. Brenneman, Esquire, Chairman, shall be paid the sum of $50.00. Keith O. Brenneman, Esquire Court Administrator :sal Go FY znatLL Il/?"l U?t Fil3-!t ;;CF OF THc PROTI ! ' DNOTARY 2009 NOV -2 PM 4: 03 ' ?I' cl