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HomeMy WebLinkAbout13-1058IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 13 _ ~05$ lijvi~llH vs. MICHAEL RODRIGUEZ PAEZ and ALCON XPRESS LLC, ARBITRATION Defendants. 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 ~,T ~.! ~~Y 1-i ~~ -i_. e f ;... ~J -rtti .5:." :.__ C~~:J X103•?5 Po -~~ C~ I X0(70 ~~ a8~~a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. MICHAEL RODRIGUEZ PAEZ and ALCON XPRESS LLC, Defendants. OIVIPLAINT ARBITRATION 1. 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. 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 the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, Pennsylvania, 18101. ~. Defendant, MICHAEL RODRIGUEZ PAEZ, is an adult individual residing at l l86 Redman Street, Apt D, Orlando, Florida, 32839. 4. Defendant, ALCON XPRESS LLC, is a Florida limited liability company with a principle place of business at 3820 Shoreview Drive, Kissimmee, Florida, 34744. >. 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 file with the Public Utility Commission. COUNTI PPL ELECTRIC UTILITIES CORPORATION VS. MICHAEL RODRIGUEZ PAEZ 6. Defendant., MICHAEL RODRIGUEZ PAEZ, 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; dj operated said vehicle and/or equipment in a reckless and careless manner; e j failed to keep vehicle andlor 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 November 5, 201 1, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Kost Road, New Kingston, 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. 1 1. Plaintiff has been damaged in the amount of $5,679.95, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $5,679.95, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRLC UTILITIES CORPORATION VS. ALCON XPRESS LLC 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 1 ~. At all time relevant hereto, Defendant, .ALCON XPRESS LLC, was the owner of the vehicle driven by Defendant, MICHAEL RODRIGUEZ PAEZ, that hit the an active utility pole and overhead facilities. 14 Defendant, ALCON XPRESS LLC, is vicariously responsible for the actions of its employee, agent, and representative, MICHAEL RODRIGUEZ PAEZ. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, ALCON XPRESS LLC, 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, MICHAEL RODRIGUEZ PAEZ; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, MICHAEL RODRIGUEZ PAEZ, 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, ALCON XPRESS LLC, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $5,679.95, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $5,679.95, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICHI/~~CIATES, P.C. DATED: February 2l, 2013 ~ By: An ony P. K _ wi P .Box 5 e ope, PA 3 8 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFLCATION 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. § 4904 relating to unsworn falsification to authorities. DATED: February 21, 2013 KRZYWICKI & ASSOCIATES, P.C. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 13-1058 Civil Term vs. ARBITRATION MICHAEL RODRIGUEZ PAEZ and - _- ALCON XPRESS LLC Defendants. o C3 " AFFIDAVIT OF SERVICE y _ � STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Michael Rodriguez Paez, at his last known address, which is 1186 Redman Street, Apt D, Orlando, Florida, 32839, by Certified Mail, Return Receipt Requested, under the exclusive care and custody March 13, 2013 and by Certificate of Mailing on March 7, 2013, and to Defendant, Alcon Xpress LLC, at their last known address, which is 3820 Shoreview Drive, Kissimmee, Florida, 34744, by Certified Mail, Return Receipt Requested, under the exclusive care and custody March 4, 2013 and by Certificate of Mailing on March 7, 2013. A copy of the LISPS receipts are annexed hereto and made a part hereof. KRZYWICKI& OCIATES,P.C. By: tho . K c ' quir Attorney P. O. Box 5 New Hope,PA 18938 Attorney ID No. 23754 .5) Sworn to before me this (21 862-4390 I o day of AO(-(0 , 2013. NOTAIW PUBLI NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO.,BUCKS COUNTY My Commission Expires Mar 14.2016 rU CERTIFIED MAIL-1 RECEIPT a c3 .. Provided) Cc delivery i r rrl 0 Lil Ln Ln `_...___ ... _.,...._. ._....s. .___...... .. ,0+6H-o Return Haceipr 'e� ,Endorsement Rerun d� r 'ere C3 9e5tr!tea DeliVE v M Fndur e ne i�r�trr 1 �; CO .l ~ rr-9 <. LX1 co r. M i e ez Paez r 3r. t 1 186 Redmail'StI eet, ;1 pt D i 3tRfR ?1f7,...: Orlando- F1, 32830 .t '�..." • yow i1�rCte on#ter+revew x G hoft" so ,**00 f0im'the"ad'to you. C. � • #ltletod to to beak of the maMpieGe, or on ft front 9 spa4el pwn ta. D.IS MOM 1. Artk tra. If YES,a ©Nm Mr,Michael Rodriguez Pau 1 186 Redman Street, rapt D Orlando, l=l_, 32839 9. Swvk*2 4 r U asqwoieffla` , 13 hoed tub 0 717" 4. IMdlcted D~ tR Feat 13!'fit 2• Adide NWW 7005 1820 0005 5503 8012' (TO111110011,ft"swvto Alt* PS Form 3811,February 2004 DOMOMIC Return Receipt IOMS-02-M-im LOWTEDSZBTts 8 ----t'��` Certificate Of 1 ..:1 O N!] ki From o �p N Krzywicki & Associates, P_C f° 'rIL5; P.O. Box 50S New Hope, PA 18938 To - Mr. Michael RodriVIuez Pau I ISO Redman Street, Apt D _ °ti Orland(±, Ft- 28 �) �^' " r m PS Form 3817 April 2007 PSN 7530-02-000-906.5 ti CERTIFIED Er p : (DOMeStiC Wit Only.,No Insurance Coverage ! . -0 pff m 0 Ln Ln � 3 C3 �ostmari, M Return lie eil t FR} ! {Endogserrrur t GI'>ta n s>ef i �d�f5'3 p Ln i M Alcar� : f s_:aLC PO ROY N _ r. Kissimmee. FL 34744 f Aikvib'l,2, v+r OA S@ ;w1Sgm WWn the card to you. B. Received by(Pt&t gNlVeme) C,p an the rwom ■ Attail m card to the back of the maflpiece, or o".0m f"t if space permits- 1. Article Addressed to: dA-,j__adrleee dN OMM from rem 1? Yes If YES,enter delivery addrm below: C3 No Akan Xpress 1AX -,820 Shoreview Di-I've Kissimmee, Fl- 34744 3. Service Type 0 Certified Md D t Mel 0 R4sww E3 Rom Paa*t for mwdw4dq GI IWJrOd M14 C3 O.OM. 2. Ar""ttrAW 4- ReetrIcted D*My? FOO Cl VIM 7005 1820 0005 5503 8029 (Try IY�service kW .„._ _._....�. ._.�....,.._.....».._._.._�.,.. PS Form 3811,February 2004 _ Domestic Return Receipt yo2ses i, wmw r�sreTES- �osrni: Certificate C h 11 �'t) Krzywicki & Assoc Wes, � .,.a b r P.O. Box 505 r New Hope, PA 18938 To Alcon Xpress LLC COMM 3820 Shoreview Drive A ' i °° Kissimmee. FI, ;474,1 M PS Form 3817,April 2007 PSN 7530-02-000-y065 Y' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 13-1058 Civil Term vs. ARBITRATION 3 :. MICHAEL RODRIGUEZ PAEZ and g --a ALCON XPRESS LLC, ca TP rl--- Defendants. .`f'E2� N r d c ; 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. KRZYWICKI&ASSOCIATES,P.C. DATED: April 11, 2013 BY: 60pe'P. Kr i ,Es P 93 8 (215)862-4390 Attorney for Plaintif Attorney I.D. 23754