HomeMy WebLinkAbout05-0621
In the Court of Common Pleas of Cumberland County, Pennsylvania
PPL Electric Utilities Corp.
Plaintiff
civil Action
No . OS- - 10.).1
vs.
Bradley's Property Maintenance Inc.
Defendants
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 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 of Cumberland County, Pennsylvania
PPL Electric Utilities Corp.
Plaintiff
vs.
Civil Action-In Law
No.
Bradley's Property Maintenance Inc.
Defendants
ARBITRATION
COMPLAINT
1. This is an action by plaintiff, PPL Electric Utilities
Corp. to recover damages from defendant arising out of damage to
property owned by PPL Electric Utilities Corp.
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 Two North
Ninth Street, Allentown, PA 18101.
3. Defendant, Bradley's Property Maintenance Inc., is a
pennsylvania corporation doing business at 6844 Wertzville Road,
Enola, PA 17025.
COUNT 1
PPL Electric Utilities Corp. vs.
Bradley's Property Maintenance Inc.
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.
5. Defendant damaged a primary cable and mini pade while
removing snow near Plaintiff's equipment on February 17, 2003, at
124 West Portland, Mechanicsburg, Pennsylvania.
6. 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 Corp.
7. Defendant damaged utility primary cable and mini pad
owned by plaintiff.
8. Defendant had a duty to protect Plaintiff's property at
Defendant's location.
9. 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.
10. Plaintiff has been damaged in the amount of $3774.64
plus costs and attorneys fees.
WHEREFORE, there is now due and owing from the defendant to
the plaintiff the following sums:
Amount Past Due:
Attorney Fees:
Court Costs:
Service Costs:
TOTAL
$ 3,774.64
$ 1,200.00
$ 55.50
$ 150.00
$ 5,180.14
By:
DATED: January 28, 2005
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. S 4904 relating to unsworn
falsification to authorities.
Dated: January 28, 2005
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PPL ELECTRIC UTILITIES CORP
VS
BRADLEY'S PROPERTY MAINTENANCE
DEFENDANT
, at 1510:00 HOURS, on the 9th day of February
2005
KURT HAAG
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BRADLEY'S PRPPERTY MAINTENANCE INC
the
at 6844 WERTZVILLE ROAD
ENOLA, PA 17025
by handing to
DAVE BEAVER, VICE PRESIDENT,
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.88
.00
10.00
.00
36.88
So Answers:
I-P::?'}:.?;~"""'::
R. Thomas Kline
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Sworn and Subscribed to before
02/10/2005
KRZYWICKI & ASSOCIATES
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By:
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me this J'f~ day of
j..d~u"'7 c2<"C S A.D.
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/ I Prothonotary I ,-7
KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
John L. Shearburn, Esquire
p. 0. Box 505
New Hope, PA 18938
(215)862-4390
AttorneyfiJr Plaintiff
Attorney I.D. 23754/26852
PPL Electric Utilities Corp.
Plaintiff
vs.
Court of Common Pleas
Cumberland County
Civil Action No.
Bradley's Property Maintenance
05-621-Civil Term
Defendant
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark this matter settled, discontinued, and ended, for
the defendants without prejudice, upon payment of your costs only.
BY:
KRZYWICKI
DATED: June 2, 2005
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