The URL can be used to link to this page

Home My WebLink About04-3987 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. plaintiff vs. ~~~~A::'21P7 I(t~:LY~ Terry Lynn Miller Defendants ARBITRATION 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 CUMBERLAND COUNTY, PENNSYL VANIA PPL Electric Utilities Corp. Plaintiff vs. Civil Action - In Law No. Oti- :SQP1 eoLJ~ Terry Lynn Miller Defendant ARBITRATION COMPLAINT I. 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, P A 18101. 3. Defendant, Terry Lynn Miller, is an adult individual residing at 15 Etter Road, Newburg, P A 17240. 4. 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. COUNT I PPL Electric Utilities Corp. vs. Terry Lynn Miller 5. Defendant, Terry Lynn Miller while operating a vehicle, collided with and damaged property owned by Plaintiff. 6. Defendant negligently operated the vehicle in he/she: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; c) failed to keep a proper lookout; d) operated said vehicle in a reckless and careless manner; e) failed to keep vehicle in the proper lane of travel; f) failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle without due regard for the rights, safety and position of the plaintiff; i) 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; j) being negligent at the law; k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 7. Defendant struck and damaged a utility pole and wires owned and operated by PPL Electric Utilities Corp., at the vicinity of College Street, Carlisle Borough, P A on or about January 20,2003. 8. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 9. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 10. Plaintiff has been damaged in the amount of$391O.26 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $391 0.26 together with costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, Krzyw' d Associates By: ntho P. Krz:-wicki PO 05, New 'lope, PA 18938 -862-4390 ~ Attorney for Plaintiff AttorneyI.D.23754 DATED: August 5, 2004 VERIFICATION Pursuant to Rule 1024 (c), I, 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. S 4904 relating to unSWorn falsification to authorities. Dated: August 5, 2004 qUIre - _.~ '-"--'~~"__H. _ ._. -;o~~ "\l. l ~ _ - If\ ~ ~ C> ~ ~ ~ o 1- ;'.,. --..- \ \ SHERIFF'S RETURN - REGULAR CASE NO: 2004-03987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS MILLER TERRY LYNN JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER TERRY LYNN was served upon the DEFENDANT , at 2114:00 HOURS, on the 8th day of September, 2004 at 15 ETTER ROAD NEWBURG, PA 17240 TERRY MILLER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13 .32 .00 10.00 .00 41.32 Sworn and Subscribed to before . tV me thls jf, ~ day of _#lUAJ ol{)(J<( A.D. ('] -'- () /111 (I...., 1l~zi7Z ~rothonotary '77 So Answers: r~~~ R. Thomas Kline 09/09/2004 KRZYWICKI & ASSOC By: v uty Sheriff 2064PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs No. 04-3987-CV Terry Lynn Miller Defendant ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. Terry Lynn Miller Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant I Terry Lynn Miller for failure to plead to Plaintiff/s Complaint as follows: Amount Past Due: TOTAL $ 3910.26 $ 3910.26 together with interest thereon from the date of judgment forward and all costs of this action. 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 Corp. I is 827 Hausman Road, Allentown, PA 18104. 2064PD 2. The true and correct address of the Defendant, Terry Lynn Miller, is 15 Etter Road, Newburg I Cumberland County, PA 17240. DATED: November 17, 2004 d Associates 18938 \ SEER:FF'S RETURN - REGULAR CASE NO: 2004-03987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS MILLER TERRY LYNN JASON VIORAL I Sheriff or Deputy Sheriff of V\:' I ? Cumberland County I Pennsylvania I who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER TERRY LYNN was served upon the DEFENDANT r at 2114:00 HOURS I on the 8th day of September, 2004 at 15 ETTER ROAD NEWBURG, PA 17240 TERRY MILLER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge 18.00 13.32 .00 10.00 .00 41.32 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: ~~~/~ , - R. Thomas Kline 09/09/2004 KRZYWICKI & ASSOC By: ~ u 2064PD In the Court of Common Pleas of CUMBERLAND County I Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs No. 04-3987-CV Terry Lynn Miller Defendant ARBITRATION NOTICE TO: Terry Lynn Miller 15 Etter Road Newburg I PA 17240 Date: October 11, 2004 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 17013-3387 (717) 249-3166/(800) 990-9108 Krzywicki and Associates By: Isf Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope I PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNAl" 'FlAl MAil. DOES NC PROVIDE FOR INSURANCE-POSTMASTER Receh Krzywicki & Associates P.O. Box 505 Nc\\ (lope. j>A 18938 -7;':~~'~:;~~. Llf^" 1- ~ K+' ~ "<\c\ . .N i .0.) bl.l~ l~ \ '\ 1-l\~ ",.., " PS Form 3817, Mar. 1989 ,,~ f~" .; ,'- ." "? "~.'~ ~ ~ ~ .'" -:,,';/,l! , - ..-::;.~,,\V ; ,;:)"'" ~ .,,~;~ "'~:fM ~~~r~:,... \...",~ ~ ! -....::; .~.; ;.:.~v ~..'l ~ ~~ ~ ;; ".:' . .\....~-J ) III '. ~c;:J .:::'.,.''"'':;......i~ i : e:-~'~-'~ ?~.:; . -~" ' '-'. . - -- (.I -J " . ~ ~ " .... .. .;-. ~ r;; , ,..,.:t~......~.;.~; Imps and '6 of rrent ., I ., 2064PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff civil Action - In Law vs No. 04-3987-CV Terry Lynn Miller Defendant ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant I Terry Lynn Miller, in this matter was mailed to the defendant after the default occurred and at least ten 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 that notice is attached hereto and made a part of this certification. DATED: November 16, 2004 18938 Krzywicki ------ 2064PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs No. 04-3987-CV Terry Lynn Miller Defendant ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY ss. COUNTY OF HUNTERDON I, Anthony P. Krzywicki I being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp. I 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendant, Terry Lynn Miller, is 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 I Terry Lynn Miller, is more than 18 years of age and currently resides at 15 Etter Road, Newburg I PA 17240. 3. I have ascertained the above information by personal investigation and make this affidavit with d authority. Sworn to and subscribed ore me thi~ dJ ~ove~ NoL(~ '/ -------" MICHELLE PYATT f\!OTARY PUBLIC OF NEW JERSEY M'( COMMISSION EXPIRES JULY 9. 'lor:;. C N R ;6 ~ j:l:. '!. \) ~ ~ ~ ~ ~ ?? ()- p:: ~ Vl ~ k J:-- C) .......) c; ~.:::) 0 r.:':::> "- ..c- -n -T', 1--':, C? -I , fTl :r: -n n nlp , , ! I -<:,)1-:1 --. , ; ~UO ~~." ,__, I L -f --) '"T.l (~5. ~~ ( ~, -"" ~ ..~:,- ~, -- , - (5;",11 ., ., ~t ~ Ul -< KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shear burn. Esquire P 0. Box 505 New Hope, PA 18938 (215) 862-4390 Attorneyfor Plaintiff Attorney J.D. 23754/26852 PPL Electric Utilities Corp. Plaintiff vs. Court of Common Pleas Cumberland County Civil Action No. 04-3987-CV Tery Lynn Miller Defendant(s) AFFIDAVIT I, Anthony P. Krzywicki, of full age, being duly sworn according to law, upon my oath depose and say: I. I am an attorney for PPL Electric Utilities Corp. and am duly authorized to make this affidavit. 2. A judgment was taken against Defendant, Terry Lynn Miller, for damages caused by a motor vehicle accident on January 20,2003. ~ swo.RN TO. AND SUBSCRIBED BEFo.RE Iv1E THIS Z;j' DAY o.F I(V __, ';:'~"" / ... ~.:;.,- /j,,-,';',<"!.- //,<>;<>y Notaiy Public ~:CH[LLE PYATT GlARY PUql,lC OF NEW JERSEY ~ ,'\...,C' '/!';F1F.S ,iULY 9, t:~G:)t 7CJ \l o 1:- -- \) ..t:; tv r ..l4 v....> -- ..t: ...t 8 -0 ?=- '::t:> ~ - - - --------------- -- --~--- ,'"", ~, ,-'-.:l < :;:'~l <..~ c> ..n .-' ...-.:'~ {'i;~ , .. (', : '"? r:'\