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HomeMy WebLinkAbout12-4509R IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA}. PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. DUSTY L. LEBEAU, Defendant. COMPLAINT Civil Action - In Lawn No. /a - ySbq at Wi 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 c N r o I? r; :x 24= -- N (717) 249-3166 (800) 990-9108 S 'di/o3.7s ? 1187-s I? d- -7c' J M 4 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATION DUSTY L. LEBEAU, Defendant. COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION recover damages from Defendant arising out of a vehicular collision which caused damage tc 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 t Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Stree Allentown, Pennsylvania, 18101. 3. Defendant, DUSTY L. LEBEAU, is an adult individual residing at 39 Samplf Bridge Road, Mechanicsburg, Pennsylvania, 17050. 4. At all times relevant hereto, Plaintiff was engaged in the business of furnishir supplying and distributing utility service to persons and businesses who requested utility ser in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff s Tari presently on file with the Public Utility Commission. I COUNT I PPL ELECTRIC UTILITIES CORPORATION VS. DUSTY L. LEBEAU 5. Defendant, DUSTY L. LEBEAU, while operating a vehicle, damaged property owned by Plaintiff. 6. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle while under the influence of alcohol; b) operated said vehicle and/or equipment at an excessive rate of speed un the circumstances, c) failed to have said vehicle and/or equipment under proper and adequate control, d) failed to keep a proper lookout, e) operated said vehicle and/or equipment in a reckless and careless manne f) failed to keep vehicle and/or equipment in the proper lane of travel; g) 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 h) i) J) k) speed under the circumstances, failed to remain alert and attentive under the circumstances, operated the vehicle and/or equipment without due regard for the rights, safety and position of the Plaintiff; operated the vehicle and/or equipment in a manner violating the statute of the Commonwealth of Pennsylvania governing the operation of vehicle and/or equipment on public streets, highways and roadways; being negligent at the law; and 'c 1) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 7. Defendant, on or about July 27, 2010, struck and damaged overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION in the vicinity of 432 Hogestown Roads, Mechanicsburg, Cumberland County, Pennsylvania. 8. Defendant's actions or inaction as set forth above are the proximate cause of t 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 $4,632.42, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $4,632.42, including costs, pre judgment and post-judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES, P.C. DATED: July 18, 2012 By: A thony ]??ki, C, B o 5 P 938 (215) 862-4390 Attorney for Plain Attorney I.D. 23754 .1 VERIFICATION Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esquire, verify that I am the att( 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 are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: July 18, 2012 An SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~rrt1V a( ~~r~Nbr;*~~~~ e., s;, _ , ~ ~..G ;..~F,~f ,'•; PPL Electric Utilites Corporation vs. Dusty L. Lebeau ~~ i ~ ~L~G 15 ~~~ ~_ ~ ~'~~tR'SYL~~~dIA Case Numb. 2012-4509 SHERIFF'S RETURN OF SERVICE 08/07/2012 07:56 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on A 7, 2012 at 1956 hours, he served a true copy of the within Complaint and Notice, upon the within na defendant, to wit: Dusty L. Lebeau, by making known unto himself personally, at 95 Queen Avenue, Enola, Cumberland County Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. .. BARRICiCDEPUTY SHERIFF COST: $53.00 August 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;cl Caun,g3~ii±~y Sh~^rlFf, loieoc;;ft. lrr~. IN THE COURT OF COMMON PLEA5, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. DUSTY L. LEBEAU, Civil Action - In Law No. 12-4509 Civil ARBITRATION Defendant PRAECIPE TO SE TO THE PROTHONOTARY: DISCONTINUE. AND END c"i C no ~ ~:~ ~ -~` :•a rN*t -c~ ~~- r- r-~ ~ ~ "° --tra l - ~ ~ . ~. ~ ~ ~ -< ~ -,,, Kindly mark this matter Settle, Discontinue, and End against the Defendant, without prejudice upon payment of your costs only. DATED: August 31, 2012 BY: KRZYWICKI & ~.O~x 5 w , PA 18 8 (215)862-4390 Attorney for Plaintiff Attorney LD. 23754 TES, P.C.