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HomeMy WebLinkAbout14-0006 Supreme G Pennsylvania Cour. Hof .C OmI13OI1 leas For Prothonotary Use Only: ICE ill r � i k - Docket No: cu a County / �I/' I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court: Commencement of Action: S ❑✓ Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: PPL Electric Utilities Corporation Tracy A. Keller 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. Krzywicki, Esquire ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] 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 Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ 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 E mass tort) ❑Employment Dispute: B Discrimination Slander /Libel/ Defamation C Other: ❑Employment Dispute: Other E] Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment E] Common Law /Statutory Arbitration B Eminent Domain /Condemnation ❑ Declaratory Judgment H Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY H Mortgage Foreclosure: Commercial ❑ 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 Acton In La} Plaintiff, No. VS. ARBITRATION TRACY A. KELLER and JOSEPH W. METKA, 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 r'rt after this Complaint and Notice are served by entering a written appearance personally, or by )r t 'Y 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 s4� C3 SO, THE CASE MAY PROCEED WITHOUT you and a judgment "•"� �,P: 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 a w l a /�qC) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATION TRACY A. KELLER and JOSEPH W. METKA, Defendants. 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 A. KELLER, is an adult individual residing at 240 W. North Street, Carlisle, Pennsylvania, 17013. 4. Defendant, JOSEPH W. METKA, is an adult individual residing at 43 Kitszell Drive, Carlisle, Pennsylvania, 17015. 5. 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 A. KELLER 6. Defendant, TRACY A. KELLER, 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; 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. 8. Defendant, on or about April 27, 2013, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 465 S. Middlesex Road, Carlisle, 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. 11. Plaintiff has been damaged in the amount of $11,893.52, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $11,893.52, including pre judgment and post - judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. JOSEPH W. METKA 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, JOSEPH W. METKA, was the owner of the vehicle driven by Defendant, TRACY A. KELLER, that hit the an active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, JOSEPH W. METKA, was responsible for the actions of its agent, TRACY A. KELLER. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, JOSEPH W. METKA, 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, TRACY A. KELLER; b) negligently and carelessly failing to properly and adequately supervise and /or train Defendant, TRACY A. KELLER, 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, JOSEPH W. METKA, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $11,893.52, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of $11,893.52, including pre judgment and post - judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWIC & SOCIATES, P.C. DATED: December 27, 2013 By: 7 P. squire Bo OS ope, PA 1 (215) 862 -4390 Attorney for Plaintiff Attorney I.D. 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: December 27, 2013 A THONY K I, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r N.N ut f ra nc Jody S Smith 2: �. :: Chief Deputy i`i Richard W Stewart - f��, Solicitor f ' c r ° a PPL Electric Utilities Corporation vs. Case Number Tracy A Homer(et al.) 2014-6 SHERIFF'S RETURN OF SERVICE 01/03/2014 04:20 PM - Deputy Shawn Harrison, being duly sworn according to law, served tre -quested Complaint & Notice by handing a true copy to a person representing themselves t► .e . r ly -tka, Wife, who accepted as"Adult Person in Charge"for Joseph W Metka at 43 Kitsz: a Sout Middleton, Carlisle, PA 17013. SH; HA" _ TY 01/10/2014 08:21 PM - Deputy Jason Kinsler, 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 A Keller at 240 W. North Street Apt.2, Carlisle Borough, Carlisle, PA 17013. JAS N INSL , PUTY SHERIFF COST: $50.78 SO ANSWERS, January 13, 2014 RONR ANDERSON, SHERIFF :: r,,f s.f• Law Offices of Hubshman&Flood By: Brian J.Dougherty,Esquire Attorney ID#87754 2200 Stafford Avenue,Suite 500 Attorney for Defendants rq W C_ -., Scranton,PA 18505-3690 Tracy A.Harper and Joe Metka x rr, im. rn- Telephone#(570)309-3965 ry bdoughel @progressive.com ��- - Our File#132018815-001 «' PPL Electric Utilities Corp. Court of Common Pleas D>� w Cumberland County V. Tracy Keller and Joe Metka 14-00006 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Tracy A. Keller-Harner and Joe Metka, in the above-captioned matter. Law Offices of Hubshman&Flood By: Brian J. Dougherty, Esquire Attorney for Defendants Law Offices of Hubshman&Flood By: Brian J.Dougherty,Esquire Attorney ID#87754 2200 Stafford Avenue,Suite 500 Attorney for Defendants, Scranton,PA 18505-3690 Tracy A.Harner and Joe Metka Telephone#(570)309-3965 Our File#132018815-001 PPL ELECTRIC UTILITIES CORP. • COURT OF COMMON PLEAT& t CUMBERLAND COUNTY - _ V. rrim rfi r=�--' x= m �,.. • • Wit" TRACY KELLER AND JOE METKA : 14-00006 x- r-= c:.; -'V ca-1, DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Tracy Keller and Joseph Metka, hereby demands trial by twelve (12) jurors. Law Offices of Hubshman&Flood By: Brian J. Dougherty, Esquire Attorney for Defendants NOTICE TO PLEAD CERTIFICATE OF SERVICE TO: Plaintiff I hereby certify that I have served a copy of You are hereby notified to file a written response to the attached pleading upon all other parties the enclosed Answer with New Matter within or their attorneys by: twenty(20)days from service hereof or a judgment x regular mail may be entered against you. certified mail other By Brian J. Dougherty,Esq. By Attorney for Defendants Brian J. Dougherty,Esq. Attorney for Defendants Law Offices of Hubshman&Flood By: Brian J.Dougherty,Esquire Attorney ID#87754 2200 Stafford Avenue,Suite 500 Attorney for Defendants Scranton,PA 18505-3690 Tracy A.Harner and Joe Metka Telephone#(570)309-3965 Our File#132018815-001 PPL Electric Utilities Corp. : Court of Common Pleas : Cumberland County v. • Tracy Keller and Joe Metka • : 14-00006 DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT o T'w rn r 0'1,-- 1. Admitted as per Plaintiffs verification. x co -u • cn r"<— .t- ' 2.Admitted as per Plaintiffs verification. .� cp 3.Admitted. p N -r- —4 Mb 4.Admitted. ` 5. Denied. After reasonable investigation, answering Defendants is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. COUNT I PPL ELECTRIC UTILITIES CORPORATION V. TRACY A. KELLER 6. -ii. Denied. The allegations contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P. 1029(e). By way of further response, agency, ownership and operation are specifically denied. COUNT II PPL ELECTRIC UTILITIES CORPORATION V. JOSEPH W. METKA 12.Answering Defendants incorporates,by this reference, paragraphs 1 through 12, inclusive, of the Answer to Plaintiffs Complaint as fully as though the same were herein set forth at length. 13. Denied. The allegations contained in this paragraph are conclusions of law and no response is required. To the extent that a responsive pleading is required, the averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P. 1029(e). 14. Denied. It is specifically denied that Defendant Tracy keller was an agent of Defendant Joseph Metka. 15. -17. Denied. The allegations contained in this paragraph are conclusions of law and no response is required. To the extent that a responsive pleading is required, the averments contained in Plaintiffs Complaint are denied and deemed at issue pursuant to Pa. R.C.P. 1029(e). NEW MATTER 1. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 2. Plaintiff failed to mitigate their damages. 3. If Plaintiffs sustained the injuries and damages as alleged in the Complaint, then same were caused by other entities or parties over which answering Defendants had no control. 4. Plaintiffs claims are barred, in whole and/or in part,by the appropriate Statute of Limitations. 5. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing the actions that they were then undertaking when there was a safe method available and they thereby assumed the risk of injury in performing their actions. 6. Plaintiffs claims are barred, or must be reduced, as a result of Plaintiffs own negligence,which was the proximate cause of the incident described in Plaintiffs Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 7. Plaintiffs claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 8. Plaintiffs claims are barred and/or limited by the Pennsylvania Motor Vehicle No-Fault Insurance Act. 9. This Court lacks jurisdiction over the subject matter of the within action. 10. If Plaintiff sustained the injuries and damages as alleged in the Complaint, then same were not proximately caused by any action or failure to act on behalf of answering Defendants. 11.Answering Defendants avers that Plaintiffs cause of action is barred or limited by the Sudden Emergency Doctrine. 12. Plaintiffs claims are barred and/or limited by the New Jersey Deemer Statute, N.J.S.A. 17:28-1.4. 13. Answering Defendant avers that a settlement was reached between plaintiff and Answering Defendants'insurance carrier. 14. Answering Defendants aver that a signed release was executed by a representative of Plaintiff. 15. Answering Defendants assert the all available defenses of accord, satisfaction and release. WHEREFORE, answering Defendants demands judgment in their favor. HUBSHMAN&FLOOD BY: Brian J. Dougherty, Esquire Attorney for Defendants DATE: January 30, 2014 VERIFICATION I, Brian J. Dougherty, Esquire, aver that I am the attorney for the answering Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of i8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Brian J. Dougherty, Esquire. I KRZYWICKI &ASSOCIATES, P.C. By: Anthony P. Krzywicki, Esquire - `'r, i t ktr�7 Attorney for Plaintiff ?j f!1BEEEB P.O. Box 505 tl I: L Al New Hope,PA 18938 1..5 (215) 862-4390 PENNS YL4/A NIA T l PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, : Civil Action - In Law Plaintiff, • No. 14-6 Civil vs. ARBITRATION TRACY A. KELLER and • JOSEPH W. METKA, • Defendants. : PLAINTIFF,PPL ELECTRIC UTILITIES CORPORATION, ANSWER TO DEFENDANTS' NEW MATTER 1. Denied as a conclusion of law to which no answer is deemed required. 2. Denied as a conclusion of law to which no answer is deemed required. 3. Denied as a conclusion of law to which no answer is deemed required. 4. Denied as a conclusion of law to which no answer is deemed required. 5. Denied as a conclusion of law to which no answer is deemed required. 6. Denied as a conclusion of law to which no answer is deemed required. 7. Denied as a conclusion of law to which no answer is deemed required. 8. Denied as a conclusion of law to which no answer is deemed required. 9. Denied as a conclusion of law to which no answer is deemed required. 10. Denied as a conclusion of law to which no answer is deemed required. 11. Denied as a conclusion of law to which no answer is deemed required. 12. Denied as a conclusion of law to which no answer is deemed required. 13. Denied as a conclusion of law to which no answer is deemed required. • 14. Denied as a conclusion of law to which no answer is deemed required. 15. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, answering Plaintiff demands Judgment in its favor. KRZYWIC ASS• IATES '.0 Dated: February 5, 2013 BY: •, thony P. cki, it ttorne 'or ' ain • 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. KRZYWIC. ASSO•IATE Dated: February 5, 2013 BY: Anthony P icki • o ire Attor for ai• • CERTIFICATE OF SERVICE I,Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to delivery,via first class mail,to the following: Brian J. Dougherty, Esquire Law Offices of Hubshman& Flood 2200 Stafford Avenue, Suite 500 Scranton, PA 18505 Attorney for Defendants KRZYWIC : A :•CIAT P.0 Dated: February 5, 2013 BY: Anthon '. Krzy . • q • - At z ney Law Offices of Hubshman&Flood By: Brian J.Dougherty,Esquire Attorney for Defendants, Attorney ID#87754 Tracy A. Harner and Joe Metka `}• 2200 Stafford Avenue,Suite 500 == Scranton,PA 18505-3690 -n Telephone#(570)309-3965 r z7J CO Our File#132018815-001 PPL Electric Utilities Corp. : Court of Common Pleas < -o I}t—, D : Cumberland County d V. ;�C G.) • Tracy Keller and Joe Metka • : 14-00006 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification of the Defendant, Joseph W. Metka, for that of counsel, with respect to Defendant's Answer with New Matter to Plaintiffs Complaint. Law Offices of Hubshman&Flood I By: Brian J. Dougherty, Esquire Attorney for Defendant VERIFICATION I, Joseph W. Metka, aver that I am the defendant in this case and aver that the answers contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief and that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. v7/ 14t4t:e Date Jos ph . Metka PPL Electric Utilities Corp. v. Tracy Keller and Joe Metka : Court of Common Pleas : Cumberland County : 14 -00006 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: 4 Kindly mark the above - captioned matter Settled, Discontinued and Ended.