The URL can be used to link to this page

Home My WebLink About04-2387IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. MIKE WEIMER Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., [..P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319858 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMiNION RESOURCES SERVICES, 1NC. Plaintiff VS. MIKE WEIMER Defendant Civil Action No. CTq COMPLAINT IN CIVIl. ACTION AND NOTICE TO DEFEND 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 an 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 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT AND NOW comes the Dominion Resources Services, Inc. by and through its counsel, Wettman, Weinberg & Reis Co., L.P.A., a professional corporation, and makes this Complaint against the named Defendant of which the following is a statement: 1. The Dominion Resources Services, Inc. is a public utility which supplies gas to customers in the Western Pennsylvania area and has and maintains its principal offices at 1201 East 55th Street, Cleveland, OH 44103. Dominion Resources Services, Inc. is hereinafter referred to as the "Plaintift". 2. Mike Weimer is hereinafter referred to as the "Defendant". 3. In order to furnish natural gas to its customers, the Plaintiff has heretofore, and before the date of the acts of the Defendant hereinafter complained of, laid underneath the surface of the public streets, lanes, and alleys of Blairsville, Pe~msylvania, gas mains, pipes, and all other necessary appliances for conveying, transporting, and delivering gas to the public places of the city and to the several residences and places of business of the inhabitants thereof, and to the persons, firms, and corporations residing and doing business therein. 4. The Plaintiff has, at all times mentioned in this complaint, had the right to have and maintain its gas mains, pipes, and appliances aforesaid in the public streets, lanes, alleys, and rights-of- way in Blairsville, Pennsylvania, free from disturbance, interference, or damage by any person or persons, firm or firms, corporation or corporations whatsoever, and it was and is and has been throughout all the times mentioned in this complaint necessary for the Plaintiff to maintain its gas mains, pipes, and appliances laid as aforesaid underneath the surface of said public streets, lanes, alleys, and rights-of-way of the Blairsville, Pennsylvania in order to enable it to fulfill its public duties and to carry out its charter rights, privileges, and duties as aforesaid. 5. The Plaintiff in laying its gas mains, pipes, and appliances has a great expense purchased the best materials and pipes, and also at great expense caused the same to be places, laid, and established in the most careful and highly approved manner in order to avoid damage by the bursting or breaking of any portion of its mains, pipes, valves, conduits, and other appliances for conducting, transporting, and delivering gas to the city and to the inhabitants thereof. 6. The Defendant, knew, or should have known, of the existence of the mains, pipes, and appliances of the Plaintiff in and under the surface of the public streets, lanes, alleys, and rights-of-way as aforesaid, and has, on or about April 13, 2002 willfully excavated in Blairsville, Pennsylvania one of Said public streets, lanes, alleys, or fights-of-way, causing damage to the gas mains, pipes, and/or appliances of the Plaintiff and causing them to burst, break, and/or be destroyed. 7. Plaintiff was required to repair the said damage at a cost of $3,475.40. A full specification of the amounts so necessarily expended is contained in the schedules hereto appended and made a part of this complaint, said schedules being correctly copied from the account books of the Plaintiff and are attached hereto, made a part hereof and marked as Exhibit "A". WHEREFORE, Plaintiffdemands Judgment against the Defendant in the sum of $3,475.40 plus costs of suit. WELTMAN, WEINBERG & REIS, CO., L.P.A. pWill~aDm. ~d54M;¢cz an/'~E sqnire WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03319858 DEC-81-2003 09:34 DOMINION RESOURC 121~?]~5Z08 P.27 ~Dominlon- Rem)! To: DOMINION PEOPLES P.O l~ox 18373 · Newark, NJ 07191.8J73 ' To: MIKEWEIM~R PO~o× 376 BLAIRSVfLLE PA 15717 Ten'ns Net 60 Days Due Dale 07/07/2002 Description TO BILL YOU FOR DAMAGES TO OUR FACILITY OCCURR~G AT: RTE 22 & CHESTNUT R/DOE PLAZA TWP/BORO: 8LA[RSVILLE COUNTY: WESTMOKELAND OCCUKRENCE DATE: 4/13/02 (PROJECT SUMMARY ATTACHED) Invoice Inv. N~mbec 0510502RWM201 SAP Doc No.: 6800000117 ..... ''~ Date: ~ ,,, Cus~: · ' 660005703 3,475,40 3,475,40 0.00. Please reference your invoice number on your check or remittance 3,475.40 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PX. C.S.' 4904 r~l'a[Ing to unsworn falsifications to authorities, that he/she is /~.-J (NAME) , plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. WWR# 03319858 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02387 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DOMINION RESOURCES VS WEIMER MIKE SERVICES R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT WEIMER MIKE unable to locate Him COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , WEIMER MIKE NOT FOUND , as to 206 E KING STREET APT D SHIPPENSBURG, PA 17257 PER LANDLORD AT 206 E KING STREET SHIPPENSBURG, PA MIKE WEIMER HAS NEVER LIVED THERE. Sheriff's Costs: Docketing 18.00 Service 13.80 Not Found 5.00 Surcharge 10.00 .00 46.80 Sheriff of Cumberland County WELTMAN WEINBERG REIS 06/04/2004 Sworn and subscribed to before me this /D ~ day of ~ ~V A.D, otary ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOM1NION RESOURCES SERVICES, INC. Plaintiff VS. No. 04-2387 CIVIL TERM MIKE WEIMER _ORD .~R OF COURT ANDNOW, to-wit, th/s__ 2* .dayof~'~,2004, upon consideration ofthe foregoing Motion for Service of the Complaint in Civil Action Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, Mike Weimer, by permitting the Plaintiff to mail a copy of the Shippensburg, PA 172:~ by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon rnailing. J. WWR#03319858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. MIKE WEIMER No. 04-2387 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RI=CORD OF THIS PARTY: James C. Warmbrodt, Esquire PA. I,D. # 42542 William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., LP,A. 2718 Koppers Bui,!ding 436 Seventh Avenue Pittsburgh, PA 15;!19 (412) 434-7955 WWR#03319858 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. Civil Action No. 04-2387 CIVIL TERM MIKE WEIMER Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint. in the above captioned matter. WELTMAN, WEI~EiS CO., LP.A. Jame~¢. Warmbr-~-di, Es~ - PA I.[~. #42542 WELZ'MAN, WEINBERG & REIS CO., LP.A 27~ 8/Koppers Building 436~eventh Avenue PittSburgh, PA 15219 (~) ~-7955 ~ WWR ~03319858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. MIKE WEIMER Defendant No. 04-2387 CIVIL. TERM PRAECIPE TO RFINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA. I.D. # 42542 William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319858 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS, MIKE WEIMER Defendant Civil Action No. 04-2387 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint. in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. James C/~Warmbrodt, Esquire PA I.D.,/~¢4~542 WEL~vlA~, WEINBERG & REIS CO., L.P.A. 2718/Kop/pers Building 436/Seventh Avenue Pit, buSh, PA 15219 "" WWR #03319858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. MIKE WEIMER Defendant No. 04-2387 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF lq~ECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. # 42524 WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff VS. No. 04-2387 CIVIL TERM MIKE WEIMER Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BEFORE ME, the undersigned authority, personally appeared James C. Warmbrodt, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, Mike Weimer. 1. On or about September 7, 2004, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by certificate of mailing certified mail return receipt requested Said Order of Court is attached as Exhibit "1". 2. On or about December 14, 2004, Plaintiff mailed the complaint to defendant at 206 E King Street Apt D Shippensburg, PA 17257. Said certificate of mailing and certified mail receipts are attached as Exhibit "2". 3. As the Order of Court states, service is deemed to be perfected as of the date of mailing. Sworn to and subscr/ib/ed before me this ~/ day o~//~ ,20~. NOT~ WELTMAN, WEINBERG & REIS, CO., L.P.A. WO. hdy !. GaoIL "' - · / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff No. 04-2387 C15'IL TERM VS. MIKE WEIMER ORDER OF COURT AND NOW, to-wit, this .. day of 2004, upon consideration of the foregoing Motion for Service of the Complaint in Civil Action Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, Mike Weimer, by permitting the: Plaintiff to mail a copy of the Shippensburg, PA 1725~ by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. WWR#03319858 / COPY' ,FROM RECORD ;n:~n¥' whereof, I here t/nto set my ~ ~ .......... h PA 15219 PS Form 3817, January 2001 :3' 113 ::~ _n m m [:3 1::3 u3 m Postage (Endorsement Required) Toal P~ge & Fe~ . ~~ EX~IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICE, INC, Plaintiff No. 04-2387 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT MIKE WEIMER, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319858 Judgment Amount $ 3,475,40 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICE, INC., Plaintiff vs. Civil Action No. 04-2387 CIVIL TERM MIKE WEIMER, Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Mike Weimer, above named, in the default of an Answer, in the amount of $3,475.40 computed as follows: Amount claimed in Complaint $3,475.40 Interest from date of judgment at the legal interest rate of 6% per annum $0.00 TOTAL $3,475.40 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.ep. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO, L.PA By: William T. Molczan PA I.D #47437 WELTMAN, WEINB RG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03319858 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.PA, 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 206 E. KING ST APT D SHIPPENSBURG,PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICES, INC. Plaintiff vs. Civil Action No. 04-2387 CIVIL TERM MIKE WEIMER Defendant IMPORTANT NOTICE TO: Mike Weimer 206 E King Street Apt D Shippensburg, PA 17257 Date of Notice: /-I;Z-Oj~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.PA ~:",!fifrJ.~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03319858 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICE, INC, Case no: 04-2387 CIVIL TERM Plaintiff vs. NON-MILITARY AFFIDAVIT MIKE WEIMER, Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. ~ 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MIKE WEIMER, is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, MIKE WEIMER, is not in the military service. Forth" Affi.", ~y.lh "'",hi Akf'~ 1~ /' A IA V o SlIBSCRIBED in my presence thi~aY . 0): NOT Y PUBLIC This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. 'C"fJ 1-~ ~ ~ ~~ ~ ~ ~~ ~ \L ':9 -() .- N -c:. -be;. -G Q \J -,J r D t=- (1 t;:::; (:) c' <;,::~.j ~-(\ (.j'l -<, r'" C:j . \ S>- ~" - <-;-? r::,\ U"\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOMINION RESOURCES SERVICE, INC., Plaintiff vs. Civil Action No. 04-2387 CIVIL TERM MIKE WEIMER, Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order ~gf11ent was entered against you on ...JE.~ 1../ dOO5 I (xx) Assumpsit Judgment in the amount of $3,475.40plus costs. Trespass Judgment in the amount of $ plus costs. () If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award prothonotary, ,~ " ~ ~.1J PROTHONOTARY (GlR IilEPUTY) MIKE WEIMER 206 E. KING ST APT D SHIPPENSBURG,PA 17257 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 1-888-434-0085