HomeMy WebLinkAbout13-1095IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORPORATION,
Plaintiff,
vs.
BRANDON D. BLACK a/k/a
BRANDON BLACK d/b/a
BRANDON BLACK TREE SERVICE,
Defendant
COMPLAINT
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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
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORPORATION,
Plaintiff, Civil Action-In Law
vs. No.
BRANDON D. BLACK a/k/a ARBITRATION
BRANDON BLACK d/b/a
BRANDON BLACK TREE SERVICE,
Defendant..
COMPLAINT
1. This is an action by plaintiff, PPL ELECTRIC UTILITIES CORPORATION to
recover damages from defendant arising out of damage to property owned by PPL ELECTRIC
UTILITIES CORPORATION.
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.
3. Defendant, BRANDON D. BLACK A/K/A BRANDON BLACK DB/A
BRANDON BLACK TREE SERVICE, is an adult individual who currently resides at 124 Sable
Drive, Carlisle, Pennsylvania, 17013.
4. At all times 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.
COUNTI
PPL ELECTRIC UTILITIES CORPORATION VS.
BRANDON D. BLACK A/K/A BRANDON BLACK
D/B/A BRANDON BLACK TREE SERVICE
5. Paragraphs 1 through 4 are incorporated as referenced as if fully set forth herein
6. On or about November 26, 2011, Defendant, BRANDON D. BLACK A/K/A
BRANDON BLACK D/B/A BRANDON BLACK TREE SERVICE, while trimming trees,
struck Plaintiff's overhead facilities in right-of--way in the vicinity of 9 Royal Oak Court, Camp
Hill, Cumberland County, Pennsylvania.
7. Defendant negligently cleared the trees and brush by:
a) failing to have said wood debris under proper and adequate control;
b) failing to keep a proper lookout; and
c) operating equipment in a reckless and careless manner.
8. Defendant did not exercise due care and did not take all reasonable steps to avoid
damage or injury to property owned by PPL ELECTRIC UTILITIES CORPORATION
9. Defendant had a duty to protect Plaintiff s property at Defendant's location.
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. Plaintiff has been damaged in the amount of $12,248.1 ~, including costs and
attorneys fees.
WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORPORATION demands
judgment against the Defendant in an amount of $12,248.13, together with pre judgment and
post judgment interest, punitive damages and delay damages as the law may allow.
Respectfully submitted,.
KRZYWIC/~~~SOCIATES, P.C.
DATED: February 22, 2013 ~
By:
I'.O ox 5~°/
New Hope, PA lt~
(215) 862-4390
Attorney for Plaintiff
Attorney I.D. 23754
VERIFICATION
Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICHI, 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.
KRZYWICKI & A,~,S9G~ITES, P.C.
DATED: February 22, 2013
ESQUIRE