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HomeMy WebLinkAbout10-7420 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, ~S. MATTHEW L. HAYNES and KEITH J. BOYER, Plaintiff, Defendants. COMPLAINT Civil Action - In Law No. jG -~~{ a0 ~~ v,% 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 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 ~ ~ -~ ~~ ~ ~ ~m r°n ~~~ x~ ~ ~r ~~ ~ .rC~"~J -"'+t~ ~~ ~ ~~ _ ~ .,..~ t...r'i ~' .../ ~ rJ d%~ ~~.~9a~~b ~y ~~zyw~~K~ C -aai~ ~~~asi~a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. ~+Cj _ ~ ~ ~ 6 c ~/ MATTHEW L. HAYNES and KEITH J. BOYER, Defendants COMPLAINT ARBITRATION 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 ELECTRIC 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, MATTHEW L. HAYNES, is an adult individual residing at 3101 Spring Road, Trailer 12, Carlisle, Pennsylvania, 17013. 4. Defendant, KEITH J. BOYER, is an adult individual residing at 45 West Baltimore Street, 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 who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff s Tariff presently on file with the Public Utility Commission. COUNT I PPL ELECTRIC UTILITIES CORPORATION VS. MATTHEW L. HAYNES 6. Defendant, MATTHEW L. HAYNES, 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 j 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 January 11, 2009, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 311 Wagner Drive, 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 $6,665.82, including costs and attorney fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $6,665.82, together with pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. KEITH J. BOYER 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, KEITH J. BOYER, was the owner of the vehicle driven by Defendant, MATTHEW L. HAYNES, that hit the active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, KEITH J. BOYER, was responsible for the actions of her agent, MATTHEW L. HAYNES. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, KEITH J. BOYER, 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, MATTHEW L. HAYNES; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, MATTHEW L. HAYNES, 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, KEITH J. BOYER, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $6,665.82, including costs and attorney fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $6,665.82, together with pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICHI & ASSOCIATES, P.C. DATED: November 29, 2010 By; At ey .O. B 505 uire New Hope, PA 1$'93'8 (215) 862-4390 PA Attorney ID No. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICHI, 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 i unsworn falsification to authorities. Dated: November 29, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson PILED-OFFICE Sheriff THE PROTHONOTARY 1,rrr# Jody S Smith Z?IOUEC 13 PM 4- 10 Chief Deputy Richard W Stewart _,_,,.,CUMBERLAND COUNTY Solicitor PENNSYLVANIA PPL Electric Utilites Corporation Case Number vs. 2010-7420 Keith J. Boyer (et al.) SHERIFF'S RETURN OF SERVICE 12/06/2010 09:01 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 6, 2010 at 2101 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Keith J. Boyer, by making known unto himself personally, at 24 Tiptop Circle, Carlisle, Cumberland County, Pennsylvania 17015 its contents and a he same time handing to him personally the said true and correct copy of the same. AWN T DE U 12/07/2010 06:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 7 2010 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew L. Haynes, by making known unto himself personally, at 1815 H Willow Road, 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. DENN FRY,DEPU SHERIFF COST: $71.00 December 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF C; Coin ,Sui,e Shertf.. (eleosoft, Inc. . r r. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law VS. No. 10-7420 Civil MATTHEW L. HAYNES and ARBITRATION KEITH J. BOYER, Defendants. PRAECIPE FOR JUDGMENT AGAINST' DEFENDANT FOR FAILURE TO PLEAD r rn - -.O To the Prothonotary: 0 =-n COUNT I C-1 CDC) PPL Electric Utilities Corporation vs. Matthew L. Haynes and Keith J. Boyei `-' Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corporation, and against Defendants, Matthew L. Haynes and Keith J. Boyer, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 4,823.82 Court Fees: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 5,065.82 together with interest thereon from the date of judgment forward and all costs of this action. , `/'1 Al A11010 &" 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, Matthew L. Haynes, is 1815-H Willow Road, Carlisle, Pennsylvania, 17013. 3. The true and correct address of the Defendant, Keith J. Boyer, is 24 Tiptop Circle, Carlisle, Pennsylvania, 17015. KRZYWIQJ Ir& AS?OCIATES, P.C. Dated: January 18, 2011 A ony P. icki, 9 North an Roa P.O. Bo 505 New Hope, PA 93 (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. 10-7420 Civil MATTHEW L. HAYNES and KEITH J. BOYER, ARBITRATION Defendants. The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by Default against the Defendants, Matthew L. Haynes and Keith J. Boyer, 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 & ASSOCI, P.C. Dated: January 18, 2011 By: 4 iv; yr-augan xo 'V? P.O. Box 505 New Hope, PA-'01 893 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. 10-7420 Civil MATTHEW L. HAYNES and ARBITRATION KEITH J. BOYER, Defendants. NOTICE TO: Mr. Matthew L. Haynes 1815-H Willow 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 KRZYWICKI & ASS S, P.C. DATE: December 29, 2010 BY: P.Q. Be?05?? // New Hope, P 8938 (215) 862-4390 Attorney I.D. 23754 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law VS. No. 10-7420 Civil MATTHEW L. HAYNES and ARBITRATION KEITH J. BOYER, Defendants. NOTICE TO: Mr. Keith J. Boyer 24 Tiptop Circle Carlisle, PA 17015 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 KRZYWICKI & IATES, P.C. DATE: December 29, 2010 BY: P-0-Box 50 New Ho A 189 (215) 862-4390 Attorney I.D. 23754 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. 10-7420 Civil MATTHEW L. HAYNES and KEITH J. BOYER, Defendants AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) SS.: COUNTY OF BUCKS ) ARBITRATION 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 States Service on December 29, 2010. P. A P.O. Box 505' New Hope, PA 18938 (215) 862-4390 PA. Attorney ID #23754 Sworn to and subscribed before me this )day of 2011. Q? _? NOTARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My commission Expires Mar 14, 2012 , P.C. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. 10-7420 Civil MATTHEW L. HAYNES and KEITH J. BOYER, Defendants. ARBITRATION 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, Matthew L. Haynes and Keith J. Boyer, 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, Matthew L. Haynes, is more than 18 years of age and currently resides at 1815-H Willow Road, Carlisle, Pennsylvania, 17013. 3. The Defendant, Keith J. Boyer, is more than 18 years of age and currently resides at 24 Tiptop Circle, Carlisle, Pennsylvania, 17015. 4. I have ascertained the above infon Affidavit with due authority. Sworn to and subscribed before me this t9l-j-?day of 2 , 2011. NARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 is L'?- 1 IiL Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PPL Electric Utilites Corporation Case Number vs. 2010-7420 Keith J. Boyer (et al.) SHERIFF'S RETURN OF SERVICE 12/06/2010 09:01 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 6, 2010 at 2101 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Keith J. Boyer, by making known unto himself personally, at 24 Tiptop Circle, Carlisle, Cumberland County, Pennsylvania 17015 its contents and a he same time handing to him personally the said true and correct copy of the same. 00, AWN T A , DEPU 12/07/2010 06:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 7 2010 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew L. Haynes, by making known unto himself personally, at 1815 H Willow Road, 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. DENN FRY, DE? SHERIFF COST: $71.00 December 08, 2010 SO ANSWERS, BONN ( R ANDERSON, SHERIFF OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 Curtis R. Long Prothonotary TO: Mr. Matthew L. Haynes 1815-H Willow Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, Civil Action - In Law vs. No. 10-7420 Civil MATTHEW L. HAYNES and ARBITRATION KEITH J. BOYER, Defendants. 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. (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings Prothonotary ??'l 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. Keith J. Boyer 24 Tiptop Court Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, VS. Plaintiff, Civil Action - In Law No. 10-7420 Civil MATTHEW L. HAYNES and KEITH J. BOYER, 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. (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings Prothonotary L. 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