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Home My WebLink About10-7088IN ..THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. JENNIFER L. REED and iTEVEN A. MILLER, Defendants. COMPLAINT ARBITRATION NOTICE. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally,. or by attorney, and filing,, .in writing with the Court, your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED TVITHOUT 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 __°~ - ._. ~. ` - S .'~ ~ ~~ a~~ ~,~ ~- ~~ s ~,~~ ~ s~~~.tt ~~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA.. PPL ELECTRIC UTILITIES CORPORATION, vs. JENNIFER L. REED and STEVEN A. MILLER, Civil Action - In Law No. ~~ - 7CS~ c~.~f : ARBITRATION r ;; ~.:, ~, Defendants. Plaintiff, COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, to recover damages from Defendant arising out. of a vehicular collision which caused damage to property owned by Plaintiff. ...,..~ :.~ 2. PPL ELECTR'.IC UTILITIES CORPORATION 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, JENNIFER L. REED, is an adult individual residing at 147 tiVest Louther Street Rear, Carlisle, Pennsylvania, 17013. 4. Defendant, STEVEN A. MILLER, is an adult individual residing at 1051 Mcclures Gap Road, Carlisle, Pennsylvania, 17013. 5. At all times relevant hereto, Plaintiff was engaged in the business of furnishing, supplying and distributing utility service to persons and businesses vvho 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 CORPORATION VS. JENNIFER L. REED 6. Defendant, JENNIFER L. REED, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he/she: a) failed to have said vehicle and/or equipment under proper and adequate control; b) failed to keep a proper lookout; c) operated said vehicle and/or equipment in a recl~less and careless manner; d) failed to keep vehicle and/or equipment in the proper lane of travel;. e) failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed -under the circumstances; ~ failed to remain alert and attentive under the circumstances; g) operatf~d the vehicle and/or equipment without due regard for the rights, safety and position of the Plaintiff; h) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment on public streets, highways and roadways; being negligent at the law; j) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 8e Defendant, on or about November 12, 2008; struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Route 4027, 341 Mcclures Gap Road, 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 $5,343.38, including costs and attorneys fees:. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $5,343.38, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. STEVEN A. MILLER 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, STEVEN A. MILLER, was the owner of the vehicle driven by Defendant, JENNIFER L. REED, that hit the an active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, STEVEN A. MILLER, was responsible fox the actions of its agent, JENNIFER L. REED. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, STEVEN A. MILLER, 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, JENNIFER L. REED; b) negligently and carelessly failing to properly. and adequately supervise and/or train Defendant, JENNIFER L. REED, 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 ~ otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant, STEVEN A. MILLER, Plaintiff sustained damages as described above. 17. .Plaintiff has been damaged in the amount of $5,343.38, including costs and attorneys fees. ~UHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATI®N, demands judgment against the Defendant in an amount of $5,343.38, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWIC /~ ~~p~IATES, P.C. DATED November 5, 2010 / By: / hony P. Kr .O. Box ope ! (215) 8 90 Attorney for Plaint Attorney LD. 2375 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KR7YWICHI, 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 o take this verification; and that such facts are true and correct to the best of my knowledge, information and. belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: November 5, 201() SHERIFF'S OFFICE OF CUMBERLAND COUNTY q Ronny R Anderson rn 113 -n Sheriff M =::o rttr oftrtribrM M- --Orr, Jody S Smith ? i ?> p o? Chief Deputy rC .) _ ?o Richard W Stewart c-? _ ` ° C Solicitor "F ERIFF OFFICE OF T>? N C)1 1 --? W Cn PPL Electric Utilities Corporation vs. Steven A. Miller (et al.) Case Number 2010-7088 SHERIFF'S RETURN OF SERVICE 11/17/2010 11:15 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jennifer L. Reed, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. . V W-**'.- TIM LA , DEPUTY 11/17/2010 11:15 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven A. Miller, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 November 18, 2010 Poe-or -- TI LACK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C) CoimtySuite Sheriff. Telecso`t, Inc. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. JENNIFER L. REED and STEVEN A. MILLER, Defendants. Civil Action - In Law No. 10-7088 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNTI PPL Electric Utilities Corporation vs. Jennifer L. Reed and Steven A. Miller c 4 0 n Ma rn c.. ?,. -gin - :r r -urn 1'?Z ""+O "° s a'T C za Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corporation, and against Defendants, Jennifer L. Reed and Steven A. Miller, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 3,801.38 Court Fees: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 4,043.38 together with interest thereon from the date of judgment forward and all costs of this action. PP(?f1` ?.?GU? I hereby certify, to the best of my knowledge and belief, as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corporation, is Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant, Jennifer L. Reed, is 1051 Mcclures Gap Road, Carlisle, Pennsylvania, 17013. 3. The true and correct address of the Defendant, Steven .A. Miller, is 1051 Mcclures Gap Road, Carlisle, Pennsylvania, 17013. KRZYWICKL4k*-ASSOCIATES, P.C. Dated: January 18, 2011 By; Road, P.O. Bo's 505 New Hope, PA 1 4( (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 vs. JENNIFER L. REED and STEVEN A. MILLER, ARBITRATION Defendants The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by Default against the Defendants, Jennifer L. Reed and Steven A. Miller , in the above matter were mailed to the Defendants after the default occurred and at least ten (10) days prior to the filing of the Praecipe for Entry of Judgment pursuant to PA. R.C.P. 237.1. True and correct copies of those notices are attached hereto and made a part of this Certification. KRZYWICKI & ASS49gATES, P.C. Dated: January 18, 2011 thony P w 49 Nort gan Ro P.O. 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 VS. ARBITRATION JENNIFER L. REED and STEVEN A. MILLER, Defendants NOTICE TO: Ms. Jennifer L. Reed 1051 Mcclures Gap Road Carlisle, PA 17013 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment maybe entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DATE: December 22, 2010 KRZYWICKI & A-S ? ATES, P.C. BY: Ant v P. 11'"0. Box ? k75 ? New H e, PA 18938 (215) 862-4390 Attorney I.D. 23754 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, : Civil Action - In Law Plaintiff, No. 10-7088 vs. ARBITRATION JENNIFER L. REED and STEVEN A. MILLER, Defendants. NOTICE TO: Mr. Steven A. Miller 1051 Mcclures Gap Road Carlisle, PA 17013 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KRZYWICK SO?IATES, P.C. DATE: December 14, 2010 BY: X 5 New H O , PA 18 3 8 (215) 62-4390 Attorney I.D. 23754 Attorney for Plaintiff squire IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 vs. ARBITRATION JENNIFER L. REED and STEVEN A. MILLER, 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 Notice of Intention to Take Default pursuant to PA. R.C.P. 237.1 on Defendant(s), by First Class Mail, under the exclusive care and custody of the United St o tal Service on December 22, 2010 and December 14, 2010. for Sworn to and subscribed before me this P day of JOnI_t a , 2011. N NARY PUBLIC OW ic =TWP. AL S COUNTY Mar 14, 2012 <RZYWI99,k ASS IATES, P .C. P.O. Box %5 New Hope, PA 1893 (215) 862-4390 PA. Attorney ID 423754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 VS. ARBITRATION JENNIFER L. REED and STEVEN A. MILLER, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA ) SS.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, being duly sworn, according to law, deposes and states that I am a representatives of PPL Electric Utilities Corporation, the Plaintiff herein, and as such, state the following: 1. The Defendants, Jennifer L. Reed and Steven A. Miller, are not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, Jennifer L. Reed, is more than 18 years of age and currently resides at 1051 Mcclures Gap Road, Carlisle, Pennsylvania, 17013. 3. The Defendant, Steven A. Miller, is more than 18 years of age and currently resides at 1051 Mcclures Gap Road, Carlisle, Pennsylvania, 17013. 4. I have ascertained the above infon Affidavit with due authority. Sworn to and subscribed before me this lay of JQ m , 2011. NOTARY PUBLIC'..-_ NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 e this 1..,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c,i ?a171;;7 , PPL Electric Utilites Corporation I Case Number vs. 2010-7088 Steven A. Miller (et al.) SHERIFF'S RETURN OF SERVICE 11/17/2010 11:15 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jennifer L. Reed, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM LA , DEPUTY 11/17/2010 11:15 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven A. Miller, by making known unto himself personally, at The Cumberland County Sheriff's Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. P, yam---- TI LACK, DEPUTY SHERIFF COST: $49.40 November 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE. PA 17013 Curtis R. Long Prothonotary TO: Ms. Jennifer L. Reed 1051 Mcclures Gap Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 vs. JENNIFER L. REED and STEVEN A. MILLER, Defendants. NOTICE ARBITRATION 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 Prothonotary (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) 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, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. BOX 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 Curtis R. Long Prothonotary TO: Mr. Steven A. Miller 1051 Mcclures Gap Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 VS. JENNIFER L. REED and STEVEN A. MILLER, Defendants. NOTICE ARBITRATION 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 Prothonotary (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) 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, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 10-7088 vs. ARBITRATION JENNIFER L. REED and STEVEN A. MILLER, Defendants. AFFIDAVIT OF MOTOR VEHICLE JUDGMENT STATE OF PENNSYLVANIA) SS.: COUNTY OF BUCKS ) -t7 ro ? ? y, cn '?- ?o c ti I> I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, verify that the above referenced caption is due to a motor vehicle accident. Sworn to and subscribed before me this Vo- day of O P yi 2011. 4 I N Y PUBLI Anthoi y '. rzywic Es re Attorney for Plain ' f KRZYWICKI & ASSOCIATES, C. P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID #23754 /ZCI?? ?5 7?/llc1 Orftfft, VA "" «a ydJWLyou