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Home My WebLink About12-0572IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. SHAWN J. O'DONNELL a/k/a SHAWN O'DONNELL and HELEN D. SAMUELS a/k/a HELEN SAMUELS, Defendants. Civil Action - In Law No. 40(a_ 57 6i Civi t ARBITRATION =-' - z 3 N rn ? r.. CD -Lp , r C:) a =C:) 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 S am4 "3. 7S* any„ cx# /4109.7 W- ti- a7 bLr3 ?O IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vS. ARBITRATION SHAWN J. O'DONNELL a/k/a SHAWN O'DONNELL and HELEN D. SAMUELS a/k/a HELEN SAMUELS, Defendants. COMPLAINT 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. ? 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, SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL, is an adult individual residing at 803 Hummel Avenue, Lemoyne, Pennsylvania, 17043. 4. Defendant, HELEN D. SAMUELS A/K/A HELEN SAMUELS, is an adult individual residing at 803 Hummel Avenue, Lemoyne, Pennsylvania, 17043. 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 the with the Public Utility Commission. COUNT I PPL ELECTRIC UTILITIES CORPORATION VS. SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL 6. Upon information and belief, Defendant, SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL, 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 and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said vehicle and/or equipment under proper and adequate control; C) failed to keep a proper lookout; d) operated said vehicle and/or equipment in a reckless and careless manner; C) failed to keep vehicle and/or equipment in the proper lane of travel, f) failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle and/or equipment without due regard for the rights, safety and position of the plaintiff, i) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment on public streets, highways and roadways; J) being negligent at the law; and k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. Defendant, on or about March 14, 2010, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 1310 Brandt Avenue, New Cumberland, 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 $12,672.82, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION. demands judgment against the Defendant in an amount of $12,672.82, including pre judgment and post- judgment interest. punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. HELEN D. SAMUELS A/K/A HELEN SAMUELS 12. Paragraphs 1 through 1 I are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, HELEN D. SAMUELS A/K/A HELEN SAMUELS, was the owner of the vehicle driven by Defendant, SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL, that hit the an active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant. HELEN D. SAMtiELS A/K/A HELEN SAMUELS, was responsible for the actions of its agent, SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, HELEN D. SAMUELS A/K/A HELEN SAMUELS, 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, SHAWN .1. O'DONNELL A/K/A SHAWN O'DONNELL; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, SHAWN J. O'DONNELL A/K/A SHAWN O'DONNELL, 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, HELEN D. SAMUELS A/K/A HELEN SAMUELS, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $12,672.82, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $12,672.82, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWIC? S?OC> RTES, P.C. DATED: January 27, 2012 ?? By: r oily P. K clc Box ew pe, P 10K-8 2-1'5) 862-4U6 Attorney for Plaint Attorney I. D. 2375 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. ti 4904 relating to unsworn falsification to authorities. DATED: .lauiuary 27, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff (? r° I Jod S Smith ? ?xtr ?t uatiGrtr 0 i `i 0TH0N0TA '! iR, Y sy Chief Deputy x,2012 FEB 13 Aid 9: I Richard W Stewart Solicitor OFF IcE:FTHE ERIFF 'CUMBERLAND COUNTY PENNSYLVANIA PPL Electric Utilites Corporation vs. Case Number Helen D. Samuels (et al.) 2012-572 SHERIFF'S RETURN OF SERVICE 02/06/2012 06:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 1800 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Helen D. Samuels, by making known unto herself personally, at 803 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 02/06/2012 06:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 1800 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shawn J. O'Donnell, by making known unto himself personally, at 803 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $60.00 February 09, 2012 NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF {cl Coun+.,ySu to She, ff, Ieleo8ofl Inc. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. Civil Action - In Law No. 2012-572 Civil rn Q0 ` ;... r ? '77 F"-',mow" tp 4?J CD - ?C s d't SHAWN J. O'DONNELL a/k/a SHAWN O'DONNELL and HELEN D. SAMUELS a/k/a HELEN SAMUELS, Defendants ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. DATED: February 27, 2012 BY: KRZYWICKI & New 25a-,fA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 TES, P.C.