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Home My WebLink About02-07461803PP In the Court of Common Pleas of CUMBERL~LND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Civil Action - In Law 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 WAR/~ED TMAT 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 TAF~E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOR~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 1803PP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Civil Action - In Law ARBITRATION COMPLAINT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendants arising out of a debt Defendants owe to Plaintiff by virtue of utility service. 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 827 Hausman Road, Allentown, PA 18104. 3. Defendant, Banzhoff & Witkoski, is a Pennsylvania Corporation doing business at Port TR PK Pump House, PRT Trevortin, PA 17864. 4. Defendant, Gordon Banzhoff, is an adult individual residing at 37 Tuscany Ct, Camp Hill, PA 17011-1029. COUNT 1 PPL Electric Utilities Corp. vs. Banzhoff & Witkoski 5. At all time 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 Plaintiff's Tariff presently on file with the Public Utility Commission. 6. Plaintiff supplied utility service to Banzhoff & Witkoski. 7. At the present time, Defendant account is in default and has outstanding balance due and owing Plaintiff as reflected on the attached Statement of Accounts which contains information taken directly from Plaintiff's original business records, and which includes the unpaid balance and all appropriate debits, and credits, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof. 1803PP 8. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 9. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused and continues to refuse to pay Plaintiff. 11. Despite demands upon Defendant for payment by the Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due and owing on said account(s). 12. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: 1803PP Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 2229.20 $ 557.30 $ 45.s0 $ 50.00 $ 2882.00 Respectfully submitted, DATED: January 29, 2002 Krzyw~nd Associates BY:JM-~ony ~,~l~rzywicki 4~'NorP~fSu~an Road /..~5-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Anthony P. Krzywicki, Attorney for PPL Electric Utilities Corp., verify that the facts, stated in the foregoing pleading, are true and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. DATED: January 29, 2002 By: PPL Electric Utilities Corp. v~P cki ~-------~- 1803PP STATEMENT OF ACCOUNT Banzhoff & Witkoski established the following accounts with PPL Electric Utilities Corp. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 91710-49007 G 0 Port TR PK Pump House Road Port Trevortin / / $2229.20 Total Delinquent Balance: $2229.20 EXHIBIT A SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00746 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS. BANZHOFF & WITKOSKI ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who bein9 duly sworn according to law served the within named DEFENDANT ,BANZHOFF & WITKOSKI by United States Certified Mail postage prepaid, on the 27th day of February ,2002 at 0000:00 HOURS, at C/O GORDON BANZHOFF 123 BEAR'S PAW TERP~ACE NAPLES, FL 34105 and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by SIGNATURE ILLEGIBLE 03/04/2002 Additional Comments: , a true Together The returned on Sheriff's Costs: Docketing 18.00 Service 10.35 Cert Mail 4.17 Surcharge 10.00 .00 42.52 So answ~r-s: / , /R.. ' Thomas Kline" Sheriff of Cumberland County Paid by KRZYWICKI & ASSOC. Sworn and subscribed to before me this /3~ day of~ ~ ~-- A.D. ' Pz'othonot ary on 03/11/2002 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-00746 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS. BANZHOFF & WITKOSKI ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,BANZHOFF GORDON by United States Certified Mail postage prepaid, on the 27th day of February ,2002 at 0000:00 HOURS, at 123 BEAR'S PAW TERRACE NAPLES, FL 34105 and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by SIGNATURE ILLEGIBLE 03/04/2002 , a true Together The returned on Additional Comments: Sheriff's Costs: Docketing 6.00 Service .00 Cert Mail 4.17 Surcharge 10.00 .00 20.17 So ans~rs:~,j-- / ~ R. Thomas Kline Sheriff of Cumberland County Paid by KRZYWICKI & ASSOC. Sworn and subscribed to before me this /3~ day of ~ ~2~ A.D. ~Dz'othonotary , ;- , on 03/11/2002 · Complete items 1, 2, and 3. Atso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse e can return the card to you. so that w J ._ ,k, ~,ack of the mailpiece, · Attach this can3 ~u ~-= ~ __~,~ or on the front if space pern~L~. _________ 1. Article Addressed to: Banzhof f & Witkoski c/o Gordon Banzhoff 123 Bear's Paw Terra, ce Naples, FL 34105 If yES, '7001 2510 0009 101& 657'7 ~ DomeStiC Return Receipt Dgre of Delivery r'lyeS ~s below: I-1 No ~ Certified Mail f-1 Express Mail I"1 Registered I"1 Return Receipt for Merchandise t-'J insured Mail r't C.O.D. ~ry? (Extra Fee) Fl yeS 02-?46 UNITED STATES POSTAL SERVICE / Postage & Fees Paid / usPs ~l [Permit No. G-lO _~ · Sender: Please print your name, address, and ZIP+4 in this box · CUMBERLAND COU~',~ SHERIFF'S DEPARTMENT ONE COURTHOUSE SQUARE CARLISLE PA 17013 · Complete item. s 1,2, a~d 3..A~so comptete Refit 4 if Restricted Delivery ~s desired. · print your name and addreSS on the reverse an return the card to you. so that w.e c .... ~ hack O! the mailpiece, Att~h this cnra ~u L.,; ~-- · or on the front if space permits. 1. Article Addressed to: Go~:lon ~nzhof f 123 Bea~'s paw ?efface N~ples ,~;'~'ff~ 34105 ol De~ive~J A. Received ~- d ~ YES, Agent I-lyes ri No ~ , USPS . Sender: P~ease., print your name, address, and ZIP+4 in this box · CUMBEBLAND COU~fTy SH~IFF, S DEPARTMENT ONE. COURTHOUSE SQUARE CAJtLISLE PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff VS. Banzhoff& Witkoski * Gordon Banzhoff Defendant(s) Civil Action - In Law No. 02-746 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAI~LURE TO PLEAD To The Prothonotary: COUNT 1_ PPL Electric Utilities Corp. vs. Banzhoff & Witkoski and Gordon Banzhoff Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp., and against Defendants, Banzhoff & Witkoski and Gordon Banzhoff, for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $1382.00 $1382.00 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. is 827 Hansman Road, Allentown, PA 18101. 2. The true and correct address of the Defendant, Banzhoff & Witkoski is PO Box 339, Camp Hill, PA 17701. 3. The tree and correct address of the Defendant, Gordon Banzhoff, is PO Box 339, Caunp Hill, PA 17701. DATED: November 14, 2002 BY: ociates _PO Bj~ 505~w HOl~, PA 18938 215- 62~r,4'J90 - ~ Attorney for Plaintiff Attorney ID 23754 SHERIFF'S RETURN - U.S. CASE NO: 2002-00746 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS. BANZHOFF & WITKOSKI ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,BANZHOFF & WITKOSKI by United States Certified Mail postage prepaid, on the ~Tth day of February ,2002 at 0000:00 HOURS, at ~/O GORDON BANZHOFF 123 BEAR's PAW TERR3kCE NAPLES, FL 34105 and attested copy of the attached COMPLAINT & NOTICE with signed by SIGNATURE ILLEGIBLE , a true Together receipt card was 03/04/2002 The returned on Additional Comments: Sheriff,s Costs: Docketing 18.00 Service 10.35 Cert Mail 4.17 Surcharge 10.00 .00 42.52 SO ans~w~z~s: R. Thomas Kline 'Sheriff of Cumberland County Paid by KRZYWICKI & ASSOC. on 03/11/2002 Sworn and subscribed to before me this ~day of Prothonotary CASE NO: 2002-00746 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS. BANZHOFF & WITKOSKI ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,BANZHOFF GORDON by United States Certified Mail postage prepaid, on the 27th day of February ,2002 at 0000:00 HOURS, at 123 BEAR'S PAW TERRACE NAPLES, FL 34105 and attested copy of the attached COMPLAINT & NOTICE with , a true Together receipt card was signed by SIGNATURE ILLEGIBLE .93/04/2002 Additional Comments: The returned on Sheriff.s Costs: Docketing 6.00 Service .00 Cert Mail 4.17 Surcharge 10.00 .00 20.17 So answers: ._ ~ zR.-Thomas Kl~ine Sheriff of Cumberland County Paid by KRZYWICKI & ASSOC. Sworn and subscribed to before me this day of _ A.D. on 03/11/2002 Prothonotary Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 of U,S. pOSTAL SBIVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOER NOT flflOVIDE FOR INSURANCE--POSTMASTER __ Krzywicki & Associates __ P.O. Box 505 -- New Hope, PA 18938 -- Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Civil Action - In Law Plaintiff VS. No. 02-746 CV Banzhoff & Witkoski Gordon Banzhoff Defendant(s) NOTICE TO: Banzhoff & Witkoski PO Box 339 Camp Hill, PA 17701 DATE: May 15, 2002 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 aflbrd 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 (717) 249-3166/(800) 990-9108 Krzywicki&Associates /5/ Anthony p. Krzywicki PO Box 505 New Hope, PA 18938 609-397-7200 Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Civil Action - In Law Plaintiff VS. No. 02-746 CV Banzhoff & Witkoski Gordon Banzhoff Defendant(s) NOTICE TO: Gordon Banzhoff PO Box 339 Camp Hill, PA 17701 DATE: May 15, 2002 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 (717) 249-3166/(800) 990-9108 Krzywicki&Associates Anthony p. Krzywicki PO Box 505 New Hope, PA 18938 609-397-7200 Attorney I.D. 23754 1803PP In the Court of ~PL Electric Utilities Corp. Plaintiff vs Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Common Pleas of CUMBERLAND County, Pennsylvania Civil Action - In Law No. 02-746 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendants, Banzhoff & Witkoski and Gordon Banzhoff. in this matter was mailed to the defendants 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 those notices are attached hereto and made a part of this certification. DATED: November 13, 2002 By:Krzyw~ Associates ~nt~6ny p. Krzywicki 49 ~orth Su~n~Road Ne , PA lb 38 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 In the Court of Common PPL Electric Utilities Plaintiff vs Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Pleas Corp. 1803PP of CUMBERLAND County, Pennsylvania Civil Action No. 02-746 ARBITP~ATION In Law AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. I, Anthony p. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendants, Banzhoff & Witkoski and Gordon Banzhoff, are 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, Banzhoff & Witkoski, is more than 18 years of age and currently resides at Port TR PK Pump House, PRT Trevortin, PA 17864. 3. The defendant, Gordon Banzhoff, is more than 18 years of age and currently resides at 37 Tuscany Ct, Camp Hill, PA 17011-1029. 4. I have ascertained the above information by personal investigation and make this affidavit~ authority. Sworn to and subscr~'~Lb~ before / / me th~s/13 dav/of~6ve~ber 2002 ~// ~ Notary Public / M~CHELLE P~'ATT ~'~OTARY PUBLIC O~ t4EW J~l~¥ .Iv CO~,!M!Ss~oN EX'PIRE~: JULY 9. 200"~ 1803PP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Banzhoff & Witkoski PO Box 339 Camp Hill, PA 17701 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Civil Action - In Law No. 02-746 ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby ~otified that a Judgment has been entered against you in the above proceeding s indicated iow Curtis R. L6ng (XX Judgment by Default Prothonotary Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony p. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 Curtis R. Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON FLEAS CulI~erland County Courthouse * Carlisle, PA 17013 TO: Gordon Banzhoff PO Box 339 Camp Hill, PA 17701 In the Court of Common Fleas of CUMBERLAND County, PPL Electric Utilities Corp. Plaintiff VS Banzhoff & Witkoski Defendant Gordon Banzhoff Defendant Civil Action No. 02-746 ARBITRATION 1803PP Pennsylvania In Law NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that Judgment has been entered against you in the ~ above proceeding s indicated b w. Curtis R. Long ~ (XX Judgment by Default Prothonotary Money Judgment ///.~,/~ Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANy QUESTIONS CONCERNING THIS NOTICE, FLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony p. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.2 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GORDON K. BANZHOFF, SR. Debtor GORDON K. BANZHOFF, SR. Movant : IN BANKRUPTCY : BK. NO. 1-04-00558 : CHAPTER 7 PROCEEDING : LIEN AVOIDANCE : , T OF cOMMON PLEAS OF COUR ..... ~-v D~xnqSYLVANIA CUMBERLAND Cool'~, ~ ..... : NO. 02-00746 PPL ELECTRIC UTILITIES CORP : : Respondent ORDER OF COURT FOR JUDGMENT BY DEFAULT , ,~ '~c,,,,, ~ I ,2004, inconsiderationofthewithin NO ,this I__]__/._day of~~r/Movant, the Court finds that the AND W ..... ='ed b,, counset l~Jl l-~*u Motion for Judgment *Y Detautt m a for an Order Avoiding _ , _, ~ ~ · file an Answer or otherwise plead to the Morion Kesponoem ~o~ imled to ' K. Judicial Lien filed on May 13, 2004 and duly served upon the Respondent and its counsel on May 18, 2004; therefore, the Court orders judgment by default in favor of the Movant, Gordon Banzhoff, Sr., and against the Respondent, PPL Electric Utilities Corp to the relief requested in the M°ti°n'IT IS HEREBY ORDERED, adjudged and decreed that the judgmem lien held by the Respondent is hereby declared void in its entirety and of no farther force and effect as it violates 11 U.S.C- Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d). BY THE COURT: Is~ John J.~ho~ Bankruptcy Judge FROM THE RECORD CERTIFIED ,20 ~.~ day o[ Clerk, U.S. BanYtrup~~ per ~~