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HomeMy WebLinkAbout13-4300 Supreme Court oftpennsylvania COu rfW+Uffi mo'F Pleas For Protltonolan Use On y: C <v ll C:OVeCjSheet Docket No: r . Cu "m6e land° The irtfbr•ntalioit collectecl on this is used solely court administration purposes. This does riot sri )lenient or replace the fllh7q aWl service of pleoelings or other papers as required ht /nit or rules of court. Commencement of Action: S P Complaint ❑ Writ of Sununons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PPL Electric Utilities Corporation Tracy L. Walters T Dollar Amount Requested: ❑✓ within arbitration limits I Are money damages requested? ❑✓ Yes ❑ No (check one) ❑outside arbitration limits ,O N Is this a Class Action Suit? ❑ Yes © No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Anthony P. Krzyw Esq uire ❑ Check here if yoti have no attorney (area Self- .Represented jPro Sej Litigant) } Nature of the Case Place an "X" to the Left of the ONE case category that most accurately.describes your PRIMARY CASE. If you are making more than one type. of claim ::check the one that you consider most important. TORT (do not include Afass Tort) CONTRACT (do not inchtdeJudgments) CIVIL APPEALS 4 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment © Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance ❑ Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include mass tort) Discrimination ❑Employment Dispute: .. Slander/Libel/ s 101 Discrimination Zoning Board C 8 Other: ❑ Employment Dispute: Other ❑ , ❑ Other: ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment E] Common Law /Statutory Arbitration B E] Other Eminent Domain /Condenuiation ❑ Declaratory Judgment e Ground Rent e Mandamus El Landlordfl'enant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Conunercial 8 Quo Warranto ❑ Dental ❑ Partition Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Actio - In Law ct Plaintiff, No. G 3 �3D /� .-, U_ , ,-- f Wit' N VS. ARBITRATION . TRACY L. WALTERS, Defendant. : -< 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. / J- �f&00 vs. ARBITRATION TRACY L. WALTERS, Defendant. COMPLAINT . 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. 3. Defendant, TRACY L. WALTERS, is an adult individual residing at 967 W. Trindle Road, # 31, Mechanicsburg, Pennsylvania, 17055. 4. 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. COUNT PPL ELECTRIC UTILITIES CORPORATION VS. TRACY L. WALTERS 5. Defendant, TRACY L. WALTERS, while operating a vehicle, damaged property owned by Plaintiff. 6. 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; d) operated said vehicle and /or equipment in a reckless and careless manner; e) failed to keep vehicle and /or 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. 7. Defendant, on or about September 6, 2012, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 26 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 8. Defendant's actions or inaction as set forth above are the proximate cause of the 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 $8,999.97, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $8,999.97, including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES, P.C. DATED: July 16, 2613 By: Anthon c ', squire At y 1 ' iff .O. ox 5 New Hop 18938 (215) 862 -4390 PA Attorney ID No. 23754 VERIFICATION 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. KRZYWICKI & ASSOCIATES, P.C. Dated: July 16, 2013 THONY P I, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson L�, ;.. ,tr t "rranfiry i° J" ,.Is;E Ro , t-fl�r,;.� 1 r, Jody S Smith Chief Deputy . 2013 AUG 16 Ali 10* CC) Richard W Stewart �� � " G H-'Y Solicitor ,���r �.� �� L�6� �;��1��I 1'Et,'NSY1,-VA141A PPL Electric Utilites Corporation Case Number v5. 2013-4300 Tracy Waiters SHERIFF'S RETURN OF SERVICE 08/13/2013 06:36 PM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:Tracy Walters at 967 W. Trindle Road Lot 31, Monroe Township, Mechanicsburg, PA 17050. ,Amu,4 d a-,C", AMANDA COBAUGH, DEPUT SHERIFF COST: $61.90 SO`ANSWERS, August 14, 2013 RbNO R ANDERSON, SHERIFF (c)^ourtySuito Shenfl,Td eosoit.61c IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, • No. 13-4300 Civil • vs. ARBITRATION TRACY L. WALTERS, • • Defendant. : f; ar PRAECIPE FOR JUDGMENT AGAINST "' DEFENDANT FOR FAILURE TO PLEAD �-``' -11 To the Prothonotary: - COUNT I PPL Electric Utilities Corporation vs. Tracy L. Walters Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corporation, and against Defendant, Tracy L. Walters, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 6,546.22 Court Fees: $ 103.75 Service Costs: $ 150.00 TOTAL: $ 6,799.97 together with interest thereon from the date of judgment forward and all costs of this action. u�- l )fit }fohi tPo lWW 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 Corporation, is Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant, Tracy L. Walters, is 967 W. Trindle Road, Lot 31, Mechanicsburg, Pennsylvania, 17050. KRZYWICKI & ASSOCIATES, P.C. Dated: November 1, 2013 leek By: • thony P w, icki 's• . re 49 No Su!.nRs:• ' 0. C ox 5'5 New Hop-, 'A 189: % (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, : : Civil Action - In Law Plaintiff, : No. 13-4300 Civil • vs. • ARBITRATION • • TRACY L. WALTERS, • Defendant. : The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by default against the Defendant, Tracy L. Walters, in this matter was mailed to the Defendant after the default occurred and at least ten (10) 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. KRZYWICKI & ASSOCIATES, P.C. Dated: November 1, 2013 By: • nthony P r wi , • quire •ttor,, fo '1.• of 46 North `•._anRssd . P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, • Civil Action - In Law Plaintiff, • No. 13-4300 Civil vs. • ARBITRATION TRACY L. WALTERS, • • Defendant. • • NOTICE TO: Ms. Tracy L. Walters 967 W. Trindle Road, Lot 31 Mechanicsburg, PA 17050 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 & A SCIATES, P.C. DATE: September 10, 2013 BY: / Ant 4 ny P. Kr.�� , . quire P.•. Box 5• Ne , • .ei' - 1 ' '38 (215) 862-4391 Attorney I.D. 2 54 Attorney for Plaintiff • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, • • Civil Action - In Law Plaintiff, No. 13-4300 Civil vs. • ARBITRATION TRACY L. WALTERS, • • Defendant. • AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) ss.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to PA. R.C.P. 237. a• Defendant(s), by first class mail on September 10, 2013. Anthe y P. Krz - - moire Att. ney for ' K Y : A :OCIAT P.C. P.O. it ox 5i New Hope, PA 18938 (215) 862-4390 PA Attorney ID #23754 SworJ/n� to and subscribed before me this l�` day of 10 .embR , 2013. n �ULIL ARtaL`StA AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14,2016 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, • Civil Action - In Law Plaintiff, • No. 13-4300 Civil • vs. • ARBITRATION • TRACY L. WALTERS, • • • Defendant. • AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, being duly sworn, according to law, deposes and states that I am a representatives of PPL Electric Utilities Corporation, the Plaintiff herein, and as such, state the following: 1. The Defendant, Tracy L. Walters, is 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, Tracy L. Walters, is more than 18 years of age and currently resides at 967 W. Trindle Road, Lot 31, Mechanicsburg, Pennsylvania, 17050. 3. I have ascertained the above information by persona • vestition and make this Affidavit with due authority. Anth ny P. Krz A c Sworn to and subscribed before me this 6441day of Gicn, ( , 2013. llvm�yy\ 19/V, FV/\ NOTARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14,2016 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ` Chief Deputy Richard W Stewart Solicitor - _= PPL Electric Utilites Corporation Case Number vs. Tracy Walters 2013-4300 SHERIFFS RETURN OF SERVICE 08/13/2013 06:36 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tracy Walters at 967 W. Trindle Road Lot 31, Monroe Township, Mechanicsburg, PA 17050. AMANDA COBAUGH, DEPUTY SHERIFF COST: $61.90 SO ANSWERS, August 14, 2013 RONNY R ANDERSON, SHERIFF r c ,sc,; OFFICE OF `THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE *CARLISLE, PA 17013 David D.Buell Prothonotary TO: Ms. Tracy L. Walters 967 W. Trindle Road, Lot 31 Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, • • Civil Action - In Law Plaintiff, • No. 13-4300 Civil • vs. ARBITRATION • TRACY L. WALTERS, • • Defendant. • • NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Pr thonotary (XX) Judgment by Default (1) ( ) Money Judgment V ' ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration /1 g 3 ( ) 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, Esquire KRZYWICKI &ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, : Plaintiff, • Civil Action - In Law vs. • No. 13-4300 Civil • TRACEY L. WALTERS, • ARBITRATION ca • Defendant. : --,0- sW -= r-r'i . . , AFFIDAVIT OF MOTOR VEHICLE JUDGMENT r =F O C� —4 STATE OF PENNSYLVANIA) ss.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, verify that the above referenced caption is due to a motor vehicle accident. Anthony P. K is • ' . e Attorne or Plai 'WICKI • SSOCI • TES, P.C. P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID#23754 Sworn to and subscribed before me this ldday of )C (vj , 201§ m chwJ NOT RY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO„BUCKS COUNTY. /5I My Commission Expires Mar 14,2016 Q Vv�� Vv� n 2I )-7 .0641/