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Home My WebLink About12-4983WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff(s) BY: Sarah E. Ehasz, Esquire =m 86469 I D No . . . 436 Seventh Avenue, Suite 1400 -- - ?- Pittsburgh, PA 15219 Phone: 412.434.7955 r Fax: 412.434.7959 File # 9658390 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA ELECTRIC CO. Plaintiff vs. Civil Action No. /A - 4W 0im-Fm GARY L. WRIGHT Defendant(s) COMPLAINT AND NOTICE TO DEFEND 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 an 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0- 41o3. ?S Pb Ally CUMBERLAND COUNTY C1r1*&&Iql CUMBERLAND COUNTY BAR ASSOCIATION- oZ7???S 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT AND NOW comes Pennsylvania Electric Co. by and through its counsel, Weltman, Weinberg & Reis Co., L.P.A., a professional corporation, and makes this Complaint against the named Defendant of which the following is a statement: 1. Pennsylvania Electric Co. is a Pennsylvania public utility which supplies electricity to customers in the Western Pennsylvania area and has and maintains its principal offices at 76 South Main Street, Akron, OH 44308. Pennsylvania Electric Co. is hereinafter referred to as the "Plaintiff'. 2. Defendant, Gary L. Wright, is an adult individual with a last known address of 57 East Main Street, Walnut Bottom, Pennsylvania, 17226. 3. In order to furnish electricity to its customers, the Plaintiff has heretofore, and before the date of the acts of the Defendant hereinafter complained of, owned and maintained, at Mainsville Road, Southampton Township, Franklin County, Pennsylvania, electric lines, utility poles, facilities, and all other necessary appliances for conveying, transporting, and delivering electricity to the public places of the city and to the several residences and places of business of the inhabitants thereof, and to the persons, firms, and corporations residing and doing business therein. 4. The Plaintiff has, at all times mentioned in this complaint, had the right to have and maintain its aforesaid electric lines, utility poles, facilities, and appliances in the public streets, lanes, alleys, and rights-of-way in Mainsville Road, Southampton Township, Franklin County, Pennsylvania, free from disturbance, interference, or damage by any person or persons, firm or firms, corporation or corporations whatsoever, and it was and is and has been throughout all the times mentioned in this complaint necessary for the Plaintiff to maintain its electric lines, utility poles, facilities, and appliances laid as aforesaid underneath the surface of said public streets, lanes, alleys, and rights-of-way of Mainsville Road, Southampton Township, Franklin County, Pennsylvania in order to enable it to fulfill its public duties and to carry out its charter rights, privileges, and duties as aforesaid. 5. In installing, establishing and maintaining its aforesaid electric lines, utility poles, facilities, and appliances has a great expense purchased the best materials, and also at great expense caused the same to be installed, established, and maintained in the most careful and highly approved manner in order to avoid damage or breaking of any portion of its electric lines, utility poles, facilities, and other appliances for conducting, transporting, and delivering electricity to the city and to the inhabitants thereof. 6. On or about November 19, 2011, Defendant, Gary L. Wright, was operating a vehicle around Mainsville Road, Southampton Township, Franklin County, Pennsylvania when he negligently caused the vehicle to crash into a utility pole wherein Plaintiff's aforesaid electric lines, facilities or other appliances were located, and causing the damage hereinafter described. 7. At all times pertinent Hereto Defendant Gary L. Wright's's negligence consisted, inter alia, of the following: a. Failing to adequately control the motor vehicle; b. Traveling too fast for conditions; c. Failing to keep a proper look out; d. Driving while intoxicated; and e. Any and all other acts of negligence and/or carelessness developed during the course of discovery and/or at the time of trial. 8. As a direct and proximate result of Defendant's aforementioned actions, the Plaintiff's utility pole, facilities or other appliances sustained damage. 9. As a direct and proximate result of Defendant's aforementioned actions, Plaintiff was required to respond with a repair crew to contain and repair the dangerous condition resulting from the damage to Plaintiff's utility pole. 10. As a direct and proximate result of Defendant's aforementioned actions, Plaintiff was required to repair the damage to its utility pole, facilities or other appliances sustained damage at the cost of $3,873.69. A true and correct copy of Plaintiff's Replacement Costs Report is attached hereto, marked Exhibit "1", and made a part hereof. WHEREFORE, Plaintiff demands Judgment against the Defendant, GARY L. WRIGHT, individually, in the amount of $3,873.69, plus costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. Sarah E. Ehasz, Esquire I.D. No.86469 436 Seventh Avenue, Sui 0 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9658390 F7rsWJneraly On Behalf of,, Ohio Edison Co. The Illuminating Co. Toledo Bdison Co. Pennsylvania Power Co. Metropolitan Edison Co. Poneioo Co. Jersey Central Power & Light FirstEnergy Servim, Inc. And other affiliates Claim Invoice Claim Number: 125746 Invoice Number, 92240 Invoice Date: 01118/2012 Due Date: 02/02/2012 Insurance Ref Number: Accounting: PN01 143699 450013 GARY L. WRIGHT 67 EAST MAIN ST PO BOX 174 WALNUT BOTTOM, PA 17226 Amount Due Amount Paid • $3,873.69 $ Please return this portion with your payment within 16 days of the Invoice date. Include the Claim Number on your check. Claim Number: 125748 Invoice Number. 92240 Tax ID: 340437786 Accident Date: 11!19/2011 Make check payable to: PENNSYLVANIA ELECTRIC COMPANY Mail to: FIRSTENERGY CLAIMS DEPARTMENT, 76 South Main St., Akron, 01 -144308 GARY L. WRIGHT Expenses Incurred to replace pole located on Malnsville Rd„ Southampton Twp., Franklin County, Pa. damaged when struck by a vehicle owned and operated by Gary L. Wright on 11-19-11. Billing Information: Contact Claims Departmott with Questions: Ohio Edison (330) 3847908 Metropolitan Edison (610) 921-8422 Illuminating Co. (330) 384-5658 (610) 921-6634 Toledo Edison (330) 3845856 Jersey Central or 1(610) 921-6422 Penn Power (330)-3845858 Penelec (610) 921-6634 Material and Misc Cost 381.84 Labor Cost 2,888.28 Equipment Cost 803.49 Excess Height Cost 0.00 Set and Sell Cost 0.00 Contractor Cost 0.00 Sales Tax 0.00 Total Amount Due 3,873.59 Distribution Month: January 2012 Summary of Account Distribution I?Company? Ledger Cost Center Order Structure Account Canter u PN01 653149 460013 PW-900403-REV-DOV-R 3,873.59 Payment Summary VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsifications to authorities, that she is Linda Buttery, Administrative Assistant of Pennsylvania Electric Co., plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Plaintiff s Complaint are true and correct to the best of her knowledge, information and belief. Date: July 30, 2012 (A. 41caw Linda Buttery Claims WWR# 9658390 WP 125746 - Wright, Gary L. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff ay~~t~~'~~~h , ..~° qtr n[ i:uan~~r ~lr ~ ~~~ Jody S Smith ~'#~t~ f j"~ Chief Deputy ~ ~ ~ AUG 24 AM 8~ 5 . -~ Richard W Stewart ~~ ~ ~' Solicitor ~€~ ~ t"` `~ «~ ~,~ Pennsylvania Electric Co. Case Numbe vs. Gary L. Wright 2012-4983 SHERIFF'S RETURN OF SERVICE 08/15/2012 08:10 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on Au 15, 2012 at 2010 hours, he served a true copy of the within Complaint and Notice, n the within nar defendant, to wit: Gary L. Wright, by making known unto Julie Ott, Mother o Ga L. right at 57 E. N Street, Apartment 2, Walnut Bottom, Cumberland County, Pennsylvania 1 ~ s co tents and at the same time handing to her personally the said true and correct copy of the s SHERIFF COST: $42.00 August 17, 2012 SO ANSWERS, ~, RON R ANDERSON, SHERIFF ,.. you^±ySurie SYref~`f. 'i e1FnS0't. Inc.