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HomeMy WebLinkAbout11-3378IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, N7 S. WALSH CONSTRUCTION COMPANY and ":JOHN DOE". Defendants COMPLAINT Civil Action - In Law No. 11-331 ? G vi I 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) 990-9] 08 ?7 C._ 711 ten ' fir-, C?L,? 19'a ooh A 1PUg0( u asp 3b8 TN THE, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. VS. WALSH CONSTRUCTION COMPANY and "JOHN DOE" 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, 18 10 1. 3. Defendant, WALSH CONSTRUCTION COMPANY, is an Illinois corporation with a place of business at 1302 Slate Hill Road, Suite 2, Camp Hill, Pennsylvania, 17011. 4. Defendant. "JOHN DOE", is an adult individual residing whose current whereabouts are unknown but is employed by Defendant, WALSH CONSTRUCTION COMPANY. 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 mile with the Public Utility Commission. COUNTI PPL ELECTRIC UTILITIES CORPORATION VS. "JOHN DOE" 6. Defendant, "JOHN DOE", while operating a trackhoe, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the trackhoe in that he/she: a) operated said trackhoe and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said trackhoe and/or equipment under proper and adequate control; C) failed to keep a proper lookout; d) operated said trackhoe and/or equipment in a reckless and careless manner; e) failed to remain alert and attentive under the circumstances; f) operated the trackhoe and/or equipment without due regard for the rights, safety and position of the plaintiff, g) being negligent at the law; and h) 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 29, 2009, struck and damaged overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Primrose and Route 15, Camp Hill, 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 $2,663.10, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $2,663.10, including pre-judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. WALSH CONSTRUCTION COMPANY 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, WALSH CONSTRUCTION COMPANY, was the owner of the trackhoe driven by Defendant, "JOHN DOE", that hit the overhead facilities. 14. At the time of the aforesaid accident, Defendant, WALSH CONSTRUCTION COMPANY, was responsible for the actions of its agent, "JOHN DOE". 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, WALSH CONSTRUCTION COMPANY, including negligent acts and/or omissions of Defendant as performed individually and/or by and through others permitted to drive their trackhoe more specifically described as follows: a) negligently entrusting the aforesaid trackhoe to Defendant, "`JOHN DOE", b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant. "JOHN DOE", in the operation of his/her trackhoe: c) negligently and carelessly failing to properly supervise the operation and control of said trackhoe; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant, WALSH CONSTRUCTION COMPANY, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $2,663.10, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $2,663.10, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, ASS CIATES, P.C. DATED: March 28. 2011 ywi squir 05 P 8938 ;_90 Attorney for Plaintiff Attorney 1. D. 2 3754 VERIFICATION Pursuant to Rule 1024 (c),1, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: March 28, 2011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 11-3378 Civil vs. WALSH CONSTRUCTION COMPANY and "JOHN DOE", Defendants PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: ARBITRATION C-3 p N -ata o {o SC .c ?r* Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. KRZYWICKI & DATED: May 26, 2011 BY: ?ox 505 New Hope 18938 (215)862 90 Attorney for Plaintiff Attorney I.D. 23754 TES, P.C.