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HomeMy WebLinkAbout04-4587 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. plaintiff ~~~~:~;,- IC:~L'-r~ vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn Econo Lodge 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, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff Civil Action - In Law /J /'--r- No. CJ.I- LlCn Civ~L. 1€a..111 vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn Econo Lodge Defendants 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 ofthe Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, P A 18101. 3. Defendant, Kanti D. Patel, is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg, P A ] 7055. 4. Defendant, Ruxmani K. Patel, is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg, P A 17055. 5. Defendant, Friendship Inn, is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA ] 7055. 6. Defendant, Econo Lodge, is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA ] 7055. 7. 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! PPL E]ectric Utilities Corp. vs. Kanti D. Patel, Ruxmani K. Patel and Friendship Inn Econo Lodge 8. At all relevant times defendants were in custody and control of the premises located at 650 Gettysburg Road, Mechanicsburg, PA 17055. 9. Defendants promoted, allowed or condoned the installation of wiring that increased the electrical load and incorrectly wired their property causing an overload and damage to Plaintiff's transformers. 10. Defendants damaged transformers owned and operated by PPL Electric Utilities Corp., at the vicinity of 650 Gettysburg Road, Mechanicsburg, P A 17055 on or about January 27, 2003. II. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 12. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused to pay Plaintiff. 13. Plaintiff has been damaged in the amount of $4248.20 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $4248.20 together with costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, Krzywicki and Associates DATED: August 30, 2004 VERIFICATION Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esquire, verify that I am the attorney for PlaintifI, 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. T llnrl"rst~nrl thot thp dotp_~_t_ t..~_~,_ 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 vcrification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are truc 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 30, 2004 7':> (J iQ. t- '*- t{ ...... - ~ lrtwD ~ ~ ~~) ~,) ._oJ (----:, .l.- -11 L ; :~-:! - _.~ c;. -. \ ~ I'" ., E SHERIFF'S RETURN - REGULAR CASE NO, 2004-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS PATEL KANTI D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRIENDSHIP INN the DEFENDANT , at }357,00 HOURS, on the 15th day of September, 2004 at 650 GETTYSBURG ROAD MECHANICSBURG, PA 17055 by handing to SHIRISH PATEL ,ADULT IN CHARGE, GENERAL MANAGER 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 .,~-:{J~~~ / R. Thomas Kline 09/16/2004 KRZYWICKI & ASSOC Sworn and Subscribed to before By, T2-M jk- Deputy Sheriff me this .;(.;}......,( day of L-r~ 02t:v 'f A. D. II ~ a ~ "fix,- '---;t'<t Prothonotary 'Q7 SHERIFF'S RETURN - REGULAR CASE NO: 2004-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS PATEL KANTI D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATEL KANTI D the DEFENDANT , at 1357:00 HOURS, on the 15th day of September, 2004 at 650 GETTYSBURG ROAD MECHANICSBURG, PA 17055 by handing to SHIRISH PATEL, ADULT IN CHARGE 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 So Answers: 18.00 8.88 .00 10.00 .00 36.88 -r'~~ R. Thomas Kline 09/16/2004 KRZYWICKI & ASSOC Sworn and Subscribed to before By: ~~/C~- Deputy Sheriff me this :22......A- day of Jf~~- cilbtJ'f ,"-.D. ()4~Q~.~ ~rothonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2004-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP v:s PATEL KANTI D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATEL RUXMANI K the DEFENDANT , at 1357:00 HOURS, on the 15th day of September, 2004 at 650 GETTYSBURG ROAD MECHANICSBURG, PA 17055 by handing to SHIRISH PATEL, ADULT IN CHARGE 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ~/?/ U/~ .r."' /~~~':'<'-'1-'~:('l!...( j~~ R. Thomas Kline 09/16/2004 KRZYWICKI & ASSOC Sworn and Subscribed to before By: R~/~ Deputy Sheriff me this ;l2~ day of ~j!,. _ ,~__ A.D. (l 'V'~ () /1,1.11):.. q..t; if Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS PATEL KANTI D ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ECONO LODGE the DEFENDANT , at 1357:00 HOURS, on the 15th day of September, 2004 at 650 GETTYSBURG ROAD MECHANICSBURG, PA 17055 by handing to SHIRISH PATEL, GENERAL MANAGER, ADULT IN CHARGE 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ,4~ " R. Thomas Kline 09/16/2004 KRZYWICKI & ASSOC Sworn and Subscribed to before By: D~f{'~ me this .;2d.-.el- day of _J!;!3~ ~rp 'f A. D. (. )"4P~ {J Jru.;hu. fAt;:; l'rothonotary' T' KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire One Neshaminy Interplex, Suite 301 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney J.D. 23754/26852 ------------------------------- PPL Electric Utilities Corp. Plaintiff vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn Econo Lodge Defendant(s) Court of Common Pleas Cumberland County Ci vil }ktion No. 04-4587 ------------------------------- PRAECIPE TO AMEND COMPlAINT TO THE PROTHONOTARY: Kindly amend the complaint in the above-captioned Civil Action. KRZYWICKI & ASSOCIATES BY: DATED: October 6, 2004 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law No. vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn Econo Lodge Defendants l\RBITRATION FIRST AMENDED 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 ~rHE 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 LA"YER AT ONCE, IF YOU DO NOT HAVE A LA"YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO" TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar l\ssociation 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. Kanti D. Patel Ruxmani K. Patel Friendship Inn Econo Lodge Civil Action - In Law No. 04-4587 Defendants ARBITRATION FIRST AMENDED COMPLAINT I. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of improper wiring 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, Kanti D. Patel, is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055. 4. Defendant, Ruxmani K. Patel, is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg, P A 17055. 5. Defendant, Friendship Inn, is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055. 6. Defendant, Econo Lodge, is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055. 7. 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 Ge:neral Rules and Regulations of Plaintiffs Tariffpresently on file with the Public Utility Commission. COUNT I PPL Electric Utilities Corp. vs. Kanti D. Patel, Ruxmani K. Patel and Friendship Inn Econo Lodge 8. At all relevant times defendants were in custody and control of the premises located at 650 Gettysburg Road, Mechanicsburg, PA 17055. 9. Defendants promoted, allowed or condoned the installation of wiring that increased the electrical load and incorrectly wired their property causing an overload and damage to Plaintiff s transformers. 10. Defendants damaged transformers owned and operated by PPL Electric Utilities Corp., at the vicinity of 650 Gettysburg Road, Mechanicsburg, P A 17055 on or about January 27, 2003. 11. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 12. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused to pay Plaintiff. 13. Plaintiff has been damaged in the amount of $4248.20 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $4248.20 together with costs, pn:judgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, Krzywicki and Associates By: 8 DATED: October 6, 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. Conso!. Stat. Ann. S 4904 relating to unsworn falsification to authorities. Dated: October 6, 2004 /) '\ OnY7Cki~ire C) ,..., 2:;;~ J.:'- o C) -I () -'T'I :::1 f"li::J ,-- ..OfT1 -,'ll:'"') ('1(1 ~'I ~) "i'-I"; ;;)f:~ ..,) :::'~'~ :XJ .,< :1'1" ",-,,," ~ (;? (~) Thomas E. Brenner, Esquire Goldberg Kalzm2n, P.c. PO Box 1268 Harrisburg. P A 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECI'RIC UTILITIES CORP., Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4587 v. KANTI D. PATEL; RUx..\iANI K PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant : CIVIL ACTION - LAW ENTRY OF APPEARA1'I[CE TO TIIE PROTIIONOTARY: Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg Katzman, P.e. on behalf of the Defendants. GOLDBERG KATZMAN, P.e. b By: Thomas E. Brenner, Esquire Attorney ID #32085 P. 0. Box 1268 Harrisburg, P A 17108-1268 Telephon,~: (717) 234-4161 Attorneys for Defendants Date: October 21, 2004 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by de:positing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first--class postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 GOLDBERG KATZMAN, P.e. Br~ Thomas E. Brenner, Esquire Date: October 21,2004 115057.1 r.....,) ( , ~ , , , [",) ii c. Thomas E. Brenner, Esquire Goldberg Katzman, P.e. PO Box 1268 Harrisburg. PA 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION -LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and EeONO LODGE, : ARBITRATION Defendant v. JAN ELECfRICAL, Additional Defendant PRAECIPE FOR JOINDER OF ADDITIONAL DEFENDANJ' TO TIlE PROTIIONOTARY: Please issue a Writ of Summons for service upon J an Electrical, 1914 Brookwood Street, Harrisburg, Dauphin County, Pennsylvania. GOLDBERG KATZMAN, P.e. Br-~:>~ Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: October 28,2004 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 GOLDBERG KATZMAN, P.e. ~~~ By: Thomas E. Brenner, Esquire Date: October 28, 2004 PPL ELECTRIC UTILITIES CORP.) : IN mE COURT OF COMMON PLEAS : CUMBERLAND CO,) PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVILACfION -LAW KANTI D. PATEL; RUXMANI K PATEL; FRIENDSHIP INN; and ECONO LODGE) : ARBITRATION Defendant v. JAN ELECTRICAL) Additional Defendant WRIT OF SUMMONS TO: J an Electrical 1914 Brookwood Street Harrisburg, P A YOU ARE NOTIFIED mAT TIlE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary By: Deputy 115153.1 () I"-.) c: c::;:) 9 -,. c:;:::, ""O~ .z::- n en <:::> ~:n Q;J I i. e-> Z ::r) --I C" -oFn OJ j,. N r:: ;;;,:' \D ::O~ ~L.. 0 d> -0 ~~ ~~ :.. --::!j -, (") y c5m =< .:;:'" U1 ",'''' ..0 \,0 -:: WRIT TO JOINED AN ADDITIONAl.. DEFENDANT PPL ELECTRIC UTILITIES CORP. Plaintiff Vs No.04-4587 Clivil Term KANTI D. PATEL; RUXMANI K. PATEL; FRiENDSHIP INN; AND ECONO LODGE Defendant Cumberland County, ss: The Commonwealth of Pennsylvania to JAN ELECTRICAL, 1914 BROOKWOOD STREET, HARRISBURG, PA (Name of Additional Defendant) You are notified that KANTI D. PATEL; RUXMANI:K PATEL; FRiENDSHIP INN; AND ECONO LODGE (Name (s) of Defendant (s)) has (have) joined you as an additional defendant in this action, which you are required to defend. DateOCTOBER 29, 2004 CURTIS R. LONG Prothonotary ~~ ~fh-"_ P ~ Deputy (SEAL) REQUESTING PARTY: Name: THOMAS E. BRENNER, ESQUIRE Address: GOLDBERG KATZMAN, P.C. P.O.BOX 1268 HARRISBURG, P A 17108-1268 Attorney for: Defendant Telephone: 717-234-4161 Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRI C UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant NOTICE TO PLEAD TO: PPL Electric Utilities Corp. c/o Anthony P. Krzywicki, Esquire PO Box 505 New Hope, PA 18938 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GOLDBERG KATZMAN ) -t6~L omas E. Brenner, Esquire Attorney J.D. #32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Defendants Date: December 8, 2004 Thomas E. Brenner, Esquire Goldberg Katzman, P. C. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant RESPONSE AND NEW MATTER OF DEFENDANTS TO THE FIRST AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C, who state: 1. Denied. This paragraph is denied pursuant to Pa.R.CP. 1029(e). 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied in part. This is a former name used for the business. 6. Admitted. 7. Admitted. COUNT I PPL Electric Utilities corp. v. Kanti D. Patell, Ruxmani K. Patel and Friendship Inn Econolodge 8. Admitted. 9. Denied. This paragraph is denied pursuant to Pa.R.c.P. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa.R.c.P. 1029(e). 11. Denied. This paragraph states a legal conclusion to which no response is necessary. 12. Denied in part. It is admitted that Plaintiff made a demand upon the Defendants. 13. Denied. This paragraph is denied pursuant to Pa.R.c.P. 1029(e). As a further response, attorney's fees are not a permissible item of damage. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 14. The damage to the Plaintiffs transformers, if any, arose from their comparative negligence. 15. The damage to Plaintiffs transformers, if any, arose from their assumption of risk under the circumstances. 16. The damage to the transformers, if any, arose from conduct of persons or entities not parties to this lawsuit. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed, with prejudice. GOLDBERG KATZMAN, P.e. BY:~~ lk Thomas E. Brenner, Esquire Attorney TD #32085 P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: December 8, 2004 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Defendants, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~!~ Thomas E. Brenner, Esquire Date: December 8, 2004 103407.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-dass postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope) PA 18938 GOLDBERG KATZMAN, P.e. -, omas E. Brenner, Esquire Date: December 8) 2004 115208.1 5 r' C " ", " , ) "'I :.:..-:1 ..J.-.- ,-- 1 I" C) -I", "') I'", i: ! (..4) ", (_~) I: -. - in C'=' -- ,,~] -< KRZYWICKI & ASSOCIATES Anthony P. Krzywicki Identification #23754 P. O. Box 505 New Hope, PA 18938 (215) 862-4390 PPL Electric Utilities Corp. Plaintiff Court of Common Pleas Cumberland County Civil Action No. 04-4587 vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn Beono Lodge Defendant(s) PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 14. Denied as a conclusion oflaw to which no answer is deemed required. 15. Denied as a conclusion of law to which no answer is deemed required. 16. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, Plaintiff prays that this Honorable Court enter judgment against Defendant and in favor of Plaintiff with costs. Dated: December 13, 2004 KRZYWIC/jSOClATES BY: Esq. 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 undl~rstand that the statements herein are made subject to the penalties of 18 Pa. Conso!. Stat. Ann. 9 4904 relating to unsworn falsification to authorities. Dated: December 13,2004 -... \..~ .,-:. C~) C) ,. , ....: ~ 1 ~.. C:J ::-! I""' 1 I (".I r . I -' ... ~ , , , ., - '~ , , '. '1 ., ( ~ "j' e;, Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI J(, PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. J AN ELECTRI CAL, Additional Defendant 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 arc served, by entering a written appearance personally or by attorney and ftling 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 LA \VYF~R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTHBELO\VTO FIND OUT WHERE YOU CAN GET LEGAL HliLP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demand as expuestas en !as paginas siguicntes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma cscrita sus defensas o sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero o sus propiedades 0 otros dcrechos importantes para usted. LLEVEESTA DEMANDAA UN ABOGADO [MMEDIATAMENTE. SINO TIENEABOGADO 0 SI NOTIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. JAN ELECTRI CAL, Additional Defendant COMPLAINT AGAINST ADDITIONAL DEFENDANT AND NOW, comes Defendants Kanti D. Patel; Ruxmani K. Patel; Friendship Inn; and Econolodge, by their attorneys, Goldberg Katzman, P.c., who aver as follows: 1. Plaintiff initiated this action in Cumberland County. A First Amended Complaint was filed on or about October 6, 2004 and a copy is attached hereto as Exhibit "A". 2. Defendants I<anti Patel, Ruxmani Patel, Friendship Inn and Econolodge have fued an Answer to that Complaint, which is attached hereto as Exhibit "B". 3. Additional Defendant J an Electrical, with an address of 1914 Brookwood Street, Harrisburg, Dauphin County, Pennsylvania, was joined by Praecipe ftied October 29,2004. 4. I t is averred that damage was caused to PPL owned transformers in the vicinity of 650 Gettysburg Road on or about January 27, 2003. 5. Electrical work was performed at the Defendants' motel prior to or on that date by Additional Defendant J an Electrical. 6. If the Plaintiff states a viable cause of action, then Additional Defendant Jan Electrical is solely liable as they performed the work giving rise to Plaintiffs claim. 7. Should Defendants Patel, Friendship Inn and Econolodge be found liable to Plaintiff, which liability is specifically denied, then Additional Defendant] an Electrical should be found liable over to the Defendants on Plaintiffs claims, or in the alternative, liable to Defendants for indemnification or for contribution on the Plaintiffs claim. WHEREFORE, Defendants Kanti D. Patel, Ruxmani K. Patel, Friendship Inn, and Econolodge request that the Additional Defendant be found solely liable on the Plaintiffs claims; in the alternative, liable over to the Defendants on Plaintiffs claim, or in the further alternative, liable for indemnity or contribution with regard to the Plaintiffs claims. Date: January 5,2005 GOLDBERG KATZMAN, P.e. By: --'-I .- - // \/< Jj~~t~. ~>w-}~. Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PAl 71 08-1268 Telephone: (717) 234-4161 Attorneys for Defendants VERIFICATION I, 1 i(UtN\i1~ ~~ l ' v , hereby acknowledge that we have read the foregoing document and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Friendship Inn and Econolodge By: Date: OCT 19 2004 4:30PM HP LASERJET 3200 p.3 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law No. vs. Kanti D. Patel Ruxmani K. Patel Friendship Inn 3cono Lodge Defendants ARBITRATION FIRST AMENDED COMPLAINT NOTICE You have been sued ~n 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 er.tering a written appearance personally or by attorney and filing in writing with the court your defenses or objectlons to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED ~nTHOUT you and a judgment may :Je entered against you by the court without further notice for any money claimed in the compl<lint or Eor any other claim or relief requested by the plaintiff. You may lose money or propc~.ty or other rights .lmportant to you. YOU SHOUl...D TAKE THIS PAPER TO YOUR LA~:YER AT ONCE, IF' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CF'FlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL EELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 I CERTIFY fHAr THE WITHIN IS A TRUE A COR CT COPY. ~ EXHIBIT ~ ~ A ; OCT 19 2004 4:30PM HP LASERJET 3200 p.4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff Civil Action - In Law No. 04-4587 \IS. Kanti D. Pa-:.eJ Ruxmani K. Pate] Friendship Inn Econo Lodge Defendants ARBITRA TlON FIRST AMENDED COMPLANT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of improper wiring which caused damage to property owned by Plaintiff. 2. PPL EI~ctric Utilities Corp. is a Pennsylvania corporation duly organized and existing and licensed to do husiness us J puhlic utility under the laws of the Co:nmonwcalth of Pennsylvania with a principal place of business at Tw('I North Ninth Street. Allentown, PA 18101. 3. Defendant Kanti D. Patel. is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg. PA 17055. 4. Defendant, Ruxmani K. Patel, is an adult individual doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055. 5. Defendant, Friendship ]nn. is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055. 6. Defendant, Econo Lodge, is an unincorporated association doing business at 650 Gettysburg Road, Mechanicsburg, PA 17055, OCT 19 2004 4:30PM HP LASERJET 3200 10.5 7. 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 Gene~ral Rules and Regulations of Plaintiffs Tariffpresently on file with the Public Utility Commission. COUNT I PPL Electric Utilities Corp, vs. Kanti D. Patel. Ruxmani K. Patel and Friendship Inn Econo Lodl!e 8. At all relevant times defendants were in custody and control of the premises located at 650 Gettysburg Road. Mcchanicsburg. P A 17055. 9. Defendants promoted. allowed or condoned the installation of wiring that increased lhe electrical load and incorrectly wired their property cat:sing an overload and damage 10 Plaintiff s tranSf0n11ers. lO. Defendants damag.ed transformers owned and operated by PPL Electric Utilities Corp., at the vicinity of 650 Gettysburg Road. Mechanicsburg. PA 17055 on or about January 27. 2003. 11. Defcndunts' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 12. Plaintiff made demand on Defendants to repay the: sums then due and owing to Plaintiff. but Defendants have refused to pay Plaintiff. 13. Plaintiff has been damaged in the amount of $4248.20 plus costs and attorneys fees. OCT 19 2004 4:30PM HP LASERJET 3200 p.s WHEREFORE, PlaintiffPPL Electric Utilities Corp, demands judgment against the Defendant in an amount of$4248.20 together with costs, prejudgment and post judgment interest. attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, Krzywicki and Associates DA TED: October 6. 2004 By: Anthony P. Krzywicki POB 505, New Hope. PA 18938 215-862-4390 Anorney for Plaintifr Attorney LD. 23754 OCT 19 2004 4:30PM HP LASERJET 3200 p.? VERIFICATION Pursuant to Rule 1 024 (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 cornpan y's business records and matters of pub) ic record. I understand that the statements herein are made subject to the penalties of 1 R Pa. Conso!. Stat. Ann. !~ 4904 relating to unsworn ftalsification to authorities. Dated: October 6.2004 Anthony P. Krzywicki, Esquire Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04--4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONOLODGE, : ARBITRATION Defendant NOTICE TO PLEAD (, l'..' .' c:-;, C) r- , c::') -f] - ~..~ . 0 ._~ r , , r'l ,- ?) C) r-Il ~S_:l r-., '::::1 : c...] J ~.-) ~ . -',-, , '" - , I ." ~ : '" '. ;:~) .- --- rn ~- c --- ~~ . . CJ) -.l TO: PPL Electric Utilities Corp. c/o Anthony P. Krzywicki, Esquire PO Box 505 New Hope, PA 18938 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GOLDBERG KATZMAN ") -:~ , 'L ~~ lomas E. Brenner, Esquire Attorney LD. #32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Defendants Date: December 8, 2004 ~ EXHIBIT ~ ~ 13 ~ Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Defendants PPL ELECTRIC UTILITIES CORP ., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant RESPONSE AND NEW :MATTER OF DEFENDANTS TO THE FIRST AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.e., who state: 1. Denied. This paragraph is denied pursuant to Pa.R.e.P. 1029(e). 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied in part. This is a former name used for the business. 6. Admitted. 7. Admitted. COUNT I PPL Electric Utilities corp. v. Kanti D. Patel, Ruxmani K. Patel and Friendship Inn Econolodge 8. Admitted. 9. Denied. This paragraph is denied pursuant to Pa.RCP. 1029(e). 10. Denied. This paragraph is denied pursuant to Pa.R.CP. 1029(e). 11. Denied. This paragraph states a legal conclusion to which no response is necessary. 12. Denied in part. It is admitted that Plaintiff made a demand upon the Defendants. 13. Denied. This paragraph is denied pursuant to Pa.R.CP. 1029(e). As a further response, attorney's fees are not a permissible item of damage. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 14. The damage to the Plaintiffs transformers) if any, arose from their comparative negligence. 15. The damage to Plaintiffs transformers) if any, arose from their assumption of risk under the circumstances. 16. The damage to the transformers, if any, arose from conduct of persons or entities not parties to this lawsuit. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed, with prejudice. GOLDBERG KATZMAN, P.e. By: /:. ~(~~ l~~ Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: December 8, 2004 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Defendants, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ---- ~. (]j~[~ Thomas E. Brenner, Esquire Date: December 8, 2004 103407.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, P A 18938 GOLDBERG KATZMAN, P.c. ~ ,~ BY:~ - Thoma:;E~. Brenner, Esquire Date: December 8, 2004 115208.1 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tme and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 GOLDBERG KATZMAN, P.e. By: .../"/ <' i ~\:l ( /1; -vVvk ;; ~1-. \_;- t ~li-J~ ,,~.~, " . Thomas E. Brenner, Esquire Date: January 5, 2005 116581.1 n .-.;:. "'::) 0 ". ". ~ 1 -" ~i_~ ...... I ?J ...,;;;. r t"" I ., (J\ ( 'J "0 () -r::- -n , .J ".1 ", i r. -. C.,) " -,--- ~..G 0, N .< Thomas E. Brenner, Esquire Goldberg Katzman, P.C PO Box 1268 Harrisburg, PA 17108-12(,8 717-234-4161 Attorneys for Plaintiff PPL ELECTRIC UTILn'IES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4S87 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBlTRA,TION Defendant v. JAN ELECTRICAL, Additional Defendant AFFIDAVIT OF SERVICE Attached hereto as I~xhibit "A" is the certified mail receipt reflecting service of the Additional Defendant Complaint which was served upon J an Electrical on January 13, 200S. GOLDBERG KATZMAN P.c. i ( '~>J-- By: Thomas E. Brenner, Esquire Attorney J.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: January 18,2005 .J ~f'.. '~L ',I;:\'~ ,-,.,..;:r+,-",;/ ~ 7002 2410 0~01 1~359 ",' - ';,,' -"",' ,'-U~'c.I'~' ,~_;:!l~,~,~, ,...o;"ll'f a" 9881 .rt~. EXHIBIT !'fA" CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Petition to Assess Damages was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 J an Electrical 1914 Brook-wood Street Harrisburg, PA 17104 GOLDBERC KATZMAN P.e. -J BY (kl~~ Date: January 18, 2005 117800.1 >~: ~ --, -< o C' c' (.', " Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. JAN ELECTRICAL, Additional Defendant PRAECIPE TO THE PROTHONOTARY: PLEASE append the attached Verification to the Answer to the Amended Complaint flied by Defendants on December 13, 2004. GOLDBERG KATZMAN P.c. Date: J- \ \ lo{ BYLJ!,~)~ Thoma> E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attornev for Defendants FROM :HERSHA 12/17/2004 15:45 FAX 7172348910 FAX NO. :7177747383 GOLOSERG ~ATZMAH Jan. 28 2005 12:25PM P4 0lJ 00.1/003 VERIFIC-'"lTION X, '(:. () \1\ A-,' b ..p '" 1-< \ . ",.."..by acknowledge that we have read the fo,tegoing document i111JlQ that the fllcrn 8fl1ted therei,", are true and correet to the best of Oll.llf kslowledge, infonnation and belief. We understand that any f~!~e statem=~s h.erein are in~de subject to penalfcies of 1 B Pal- C.S. Section 4904, relating to unswom falR;ficatWl1'l to authorities. Friendship [nn ,md Econolodge By: Date: CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Petition to Assess Damages was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 Jan Electrical 1914 Brookwood Street Harrisburg, P A 17104 GOLDBERG KATZMAN P.e. BY~~~ Thomas E. Brenner, Esq. Date: J-j { /0; 118303.1 , '. .' ~<i ",\ -, ',", \ f'..) ~) (-~..:) ~- r":: ----- , . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS Pl\TEL KANTI D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT, to wit: JAN ELECTRICAL but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. attached return from DAUPHIN On November 22nd, 2004 , this office was in receipt of the Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 30.00 .00 67.00 11/22/2004 GOLDBERG KATZMl\N Sworn and subscribed to before day OfC}j .).tv.s A . D . ( Lfu _ Q 1Y1,;p, '- A ~0~ i Prothonotary this . IV G~ me In The Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp VS Kanti D. PAtel et al VS. Jan Electrical No. 04-4587 civil Now, November 9, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin C01ll1ty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. rM-.J~~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,2D_,at 0' clock M. served the within upon . . at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ c: .-'T'~ "-'i ,"""I, ~,~-I l\ f fi' nl ); @iih:~ of tly~ ~4~riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PPL ELETRIC UTILITIES CORP vs County of Dauphin JAN ELECTRICAL Sheriff's Return No. 6916-T - -2004 OTHER COUNTY NO. 04 4587 AND NOW:November 15, 2004 at 1:05PM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon JAN ELECTRICAL by personally handing to BRAD ERICKON-EMPLOYEE 1 true attested copy(ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 1914 BROOKWOOD HARRISBURG, PA STREET 00000-0000 Sworn and subscribed to before me this 16TH day of NOVEMBER, 2004 So Answers, Jf~ 9u~~ Sheriff of Dauphin County, Pa. By 0?~{ed NOT ARlAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Sheriff's Costs:$30.00 PD 11/10/2004 RCPT NO 201420 RK .. . Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff PPL ELECTRI C UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. JAN ELECTRICAL, Additional Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default against Additional Defendant J an Electrical for failure to respond to the Additional Defendant Complaint. A copy of the Ten-Day Notice is attached hereto. By: GOLDBERG KATZMAN, P.e. C-:~ ~~--- Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff Date: March 21, 2005 , , /\rthnr r.. (~(lklhcr~ i]'..:.I__,,)I'pI H:1ri"V !-~_ Coklbcrs i C)h 1 - ! q")~~1 iZtmaid \1. ](,llzm;Hl 1\1u] L F"~)iI"i!() ;'~vil i-1t'ndcrsho\ 1 ;'hi)InJ,~ [', r\rc~m(T H. Hn)\lL" Lhw.-;Cl \.li(+~c1d 1. 1.:1'0.:.1.:1'1/1 iTvii'l,:C; j. \",Jflw:" ')'.",,('11 L. (;ruh1., lh" Dl'L(ir~';l;~I) Ll',\lni:-; 1)::'\",_1 hi ';;,"_k,-'I ji ::h<-r L. Lii,';" i'''~ ,iJll1:n LJ.\i1dl'(,'c//i (,I I)r~'<1 )':-I:i:lU.loe-i. \lnckl I;. r\l:J C:T-.'~., i-:I.L~ 11I1Ii1l . ~, L_~=----.:J Goldberg l(atzn1an A full-service law firm. March 10,2005 J an Electric 1914 Brool...wood Street Harrisburg, PA 17104 RE: PPL Electric Utilities v. Kanti Patel, et al v. Jan Electric Dear Sir/Madam: Enclosed please find for service upon you a Ten-Day Notice of Taking Default Judgment. TEB:ar Enclosure V;EY-~y yours, (/ IJ~ ~s E. Brenner cc: Susan Philson (Claim No. 010170773751) (w/encl.) Anthony P. Krzywicki, Esquire (w / encl.) 117403.2 ".Tl c,r..1 \;( >: 1.2(,(; I i--':; :'\:-,',-,1;1"',r , ,\ 'I ~ I i I ',! I 71 .. ,),''." i ,Ii,- .'J.; ).(.-/t,[! , Thomas E. Brenner, Esquire Goldberg Katzman, P.e. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiff PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. JAN ELECTRICAL, Additional Defendant TEN DAY NOTICE OF TAKING DEFAULT JUDGMENT TO: J an Electrical 1914 Brookwood Street Harrisburg, P A 17104 DATE OF NOTICE: March 10,2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 ! By: Date: March 10, 2005 GOLDBERG KATZMAN P.c. o ."/ , ". .;', ( / f , ; / \ " ,~v'-- [I, -11~ L " "'---"__ -'::;./ 't;.'i,V~ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Defendants - CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 J an Electrical 1914 Brookwood Street Harrisburg, P A 17104 GOLDBERG KATZMAN P.c. By: .'7 I ( '~~'-I.-~::::::\z-1vt-<....---" Thomas E. Brenner, Esquire Date: March 10,2005 119611.1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 J an Electrical 1914 Brookwood Street Harrisburg, P A 17104 GOLDBERG KATZMAN, P.e. By: ~.) / . / /(.1.:/ , ' I I k""7J...___-l~-_~_/ T omas E.~ Brenne~, ~squire Date: March 21,2005 119991.1 t~ 0 kJ.. \ :-0 (~ ....., {-.. = 0 ~": tZ'",..) C> '-" -n r_;C ::It :? - "'V C> :;:;~,... r :;;J rli:!J ~ r- - L':' N -or'>l ?-J -0 ~ (.oJ :D,:? t~~\ ~ ...0 ...c. "J :,::j\f --0 -...c... :.:'C ~~~~ ~ ~ ~ r::' (jin ~ t ~;-t - ~D .;;:- .< ,..--.... -L Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff PPL ELECTRIC UTILITIES CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-4587 v. : CIVIL ACTION - LAW KANTI D. PATEL; RUXMANI K. PATEL; FRIENDSHIP INN; and ECONO LODGE, : ARBITRATION Defendant v. JAN ELECTRICAL, Additional Defendant AFFIDAVIT AS TO MILITARY SERVICE To the best of my knowledge the Defendant in the above-captioned lawsuit is not in the military service. . )'i) . I I -, ::-----' .Vc~-l?" '_~ \ Thomas E. Brenner, Esquire Sworn to :wd subscribed before me this ';18(\ day of March, 2005 C~C}P~ otary Public "-- i\r "lpal Seal .~!enda J. Ebersole, Notary Pub!is ,i--it'!. L"f Harnsburg, Dauphin County "il'y' (,on 'r_fii~;~~~_~xE~_~ 0\~::1, "~:"~~:_~__. ".....'.,.,-.:C",'. '., ,.., ~; c;{\ ~::"'~ G. --::J; ,;;,;:.' 'P ,,1 vJ ~.-ro \\"l~ -O...,''Z ...., ->) \ ~';'1'-:1~\ ~": ",,' \~~.?\ -/\ cr .::1 <' -:;-;;. \"";? .... ~ ;;: ffi., E1a:::tric ~ties Cbrp. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEmlSnVANIA lIS. !<anti D. Ritel RwrBni K. Rrt:el ft.iarlshi.p 1m Etr:n::l I.ol:l= Defarlmts NO . 04-4587 CIVIL 19 RULE 1312~l, The Peeiti~n for Appoinement of Arbitrators shall be substantially in the following form; P"!':T!7!ON FOR APPO!NTI1ENT OF ARBITRATORS TO !BE HONORABLE. THE JUDGES OF SA!D COURT: Pnt:lu1y P. Krzywi.cki . counsel for the plaintiff~ in the abolle 1- 2. action (or aceions), respecefull:, represents that: n,e above-c~?eioned aceion (or aceions) is (are) at issue. The claim of ehe plaineiff Ln etle action is $ 4248.20 n,e countercla~ of the defendant in ehe action is $0.00 The following aetorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: 'lh:rras E. Pca1ner, r-nl~ l'at2rran l'C. R) B:D< 121iR. H>rri"nrrg, DA 171M WHERE.ORE. your petitioner prays your Honorable Court to appoL~t three (3) arbitrators to whom the case shall be submitted. AND NOW, '.h4U c.2 / foregoing petitio:, ":bA"M.'.tA<J Esq., and~~ ~ R~~.~ I S. Ubmi.t:ed, / Il'tL ORDER. OF COURT L/';; 1/// / ----.--- , n.,.["'oS-;- iI\./cor.sideration of the ,x'/u~ 06___ / Esq., /;! ~ d.rJ/ ~ ,Esq. . are. appointed arbitrators in the above-~pt10ned action (or actions) as prayed fQr. By the P. J. :;u (J ~ t- \ .<0. () "- () () ....., - = 0 ~ c = a--- ~ , ""', -'1 -<) L' <- ::::l Ci'l .() c:: :L<'1 .'.',;" rt1-c_ "'",- r- --t - N -nm ,;fIt? ..c g 0 (:~I(""l ~ -V ",--'ri ....'1 -L... ::K <0").0 ~5nl ':'i' ~, :p.; =;0 '-0 -< ri ~l r ".,(1C",', ('" , J\U'" ,'," "'/;nJ ?~? t ~, SS : I l,~d I Z imr SOOl "HI m:\!OH.LCCicl 3Hl :10 38!:I:iO--CEllI:l fv~ L" L ~- ~ D~In The Court of Common Pleas of Cumberland Plaintiff Dr J i I c'~ '"::J..--. County, Pennsylvania No.---2- '1 ':;. 0 L Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution ofthe United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wd6 . \:. ~~;LCU~==-~?-:2 Signature Signature W'--Ll1bk-I)ft'Pvl\JJev\:1;\) ~ClIU~ Kof'2 Name (Chairman) ame ,,).p Law vdO: c.9-:, t \j:Y\A.~J ~/\.(lAf'C\l/\;(J~~V\) _~ <'], 1< <t- A-SJ{(. Law Firm Law Firm ( ~0\ W t ~ l(~C,O -rr-'(1J~ roc-J Address Address c~~Lt; City, Zip ~ l(N\"tf (f:lf /?-olf City, Zip tJ;. }O"CflP \flvv- ~ SIgnature ~J . ~ ti,"\V"~ G rLOVrJ61( Name ~lc(r~a~ L~~ Law Firm ( ~ {JJ, t+i~ Address ~d.z f700 City, Zip iI /t1l/;<'1 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date ofHearing: t 10 \) ~ Date of Award: l . 7.tJ ~ Notice of Entry of Award Now, the :)0 fJ. day of OUhlIkr, 20 oS- , at 3':3 7 , J2..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ :J. 90, 06 Ii -,.! // ;--1--./ v. . {LW/l 1 .::5, l.;..;> '. - pionotary By: Deputy , , -\ A:-.. '- ~- c ~ -'- -0 ~ ;-., ) :) ':l ) ::1-- , ~ ~ ",':;J ~ r" ~'\'\ <;) - -k. r~ ----., r"") \--, -~ "'-- ':i -~ ~- -;--- o .;:\ l , (- :>. <>\", ('> ~ " "~I ~ ""- <.' 'c>, -~ \-\ < \ .-"" \.l "'1-- '<'- r-, .:j:::- .~ ) "'. , r', o ~\: c C- '" = ,'= <:.-,"-1 o "n CJ r~'~1 ("') "" o ::;:l ffi:!1 r- ~ijfTi: ;<~':\TJ ':-'; (-~ -J~~ :D .< -,' <.0 (,~) ',J