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Home My WebLink About14-0552 Supreme Co _ ♦ ennsylvania COu . - feCo�m leas For Prothonotary Use Only: C i} ver Sheet r Docket No: cu Late County r 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 El Complaint El Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T PENNSYLVANIA ELECTRIC CO. MATTHEW L. PRATT Dollar Amount Requested: ]within arbitration limits I Are money damages requested. x Yes D No O (check one) []outside arbitration limits N Is this a Class Action Suit? [3 Yes ;X, No Is this an MDJAppeal? Cl Yes El No A Name of Plaintiff /Appellant's Attorney: WILLIAM T. MOLCZAN, ESQ. PA ID #47437 M Check here if you have no attorney (are a Self- Represented JPro 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies r1l Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment Q Motor Vehicle 0 Debt Collection: Other l Board of Elections Nuisance E] Dept. of Transportation Q Premises Liability 0 Statutory Appeal: Other S Q Product Liability (does not include E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other El Zoning Board T El Other: I Other: O MASS TORT 0 Asbestos N E] Tobacco F1 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment [] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation E] Declaratory Judgment ED Ground Rent Mandamus El Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental Partition ❑ Replevin F1 Legal Q Quiet Title Q Other: Medical 0 Other: Other Professional: Updated 1/1/2011 V fr P WELTMAN, WEINBERG & REIS CO., L.P.A Attorney for Plaintiff(s) ? �'� x � i 2 J t, BY: William T. Molczan, Esquire � I.D. No.47437 Poix �� p Cow,�,� 436 Seventh Avenue, Suite 1400 V N�� Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 20222913 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA ELECTRIC CO. Plaintiff vs. Civil Action No. l � — 5Jd MATTHEW L. PRATT MURRAY J. PRATT Defendant(s) COMPLAINT AND NOTICE TO DEFEND 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 an 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 owl 'D ZL 3oog7 r COMPLAINT AND NOW comes Pennsylvania Electric Co. by and through its counsel, Weltman, Weinberg & Reis Co., L.P.A., a professional corporation, and makes this Complaint against the named Defendants of which the following is a statement: 1. Pennsylvania Electric Co. is a Pennsylvania public utility which supplies electricity to customers in the Western Pennsylvania area and has and maintains its principal offices at 311 Industrial Park Road, Johnstown, PA 15904. Pennsylvania Electric Co. is hereinafter referred to as the "Plaintiff'. 2. Defendant, Matthew L. Pratt, is an adult individual with a last known address of 31 Town Mills, Shippensburg, PA 17257. 3. Defendant, Murray J. Pratt, is an adult individual with a last known address of 6599 Upper Strasburg Rd, Lot 1, Pleasant Hall, PA 17246. 4. In order to furnish electricity to its customers, the Plaintiff has heretofore, and before the date of the acts of the Defendants hereinafter complained of, owned and maintained, at Rosbury Rd, Shippensburg, Cumberland County, Pennsylvania, electric lines, utility poles, facilities, and all other necessary appliances for conveying, transporting, and delivering electricity to the public places of the city and to the several residences and places of business of the inhabitants thereof, and to the persons, firms, and corporations residing and doing business therein. 5. The Plaintiff has, at all times mentioned in this complaint, had the right to have and maintain its aforesaid electric lines, utility poles, facilities, and appliances in the public streets, lanes, alleys, and rights -of -way in Rosbury Rd, Shippensburg, Cumberland County, Pennsylvania, free from disturbance, interference, or damage by any person or persons, firm or firms, corporation or corporations whatsoever, and it was and is and has been throughout all the times mentioned in this complaint necessary for the Plaintiff to maintain its electric lines, utility poles, facilities, and appliances laid as aforesaid underneath the surface of said public streets, lanes, alleys, and rights -of -way of Rosbury Rd, Shippensburg, Cumberland County, Pennsylvania in order to enable it to fulfill its public duties and to carry out its charter rights, privileges, and duties as aforesaid. 6. In installing, establishing and maintaining its aforesaid electric lines, utility poles, facilities, and appliances has a great expense purchased the best materials, and also at great expense caused the same to be installed, established, and maintained in the most careful and highly approved manner in order to avoid damage or breaking of any portion of its electric lines, utility poles, facilities, and other appliances for conducting, transporting, and delivering electricity to the city and to the inhabitants thereof. COUNT I — AGAINST MATTHEW L. PRATT 7. The averments contained in Paragraph 1 through 6, above, are incorporated herein by reference thereto as though herein set forth at length. 8. On or about October 10, 2012, Defendant, Matthew L. Pratt, was operating a vehicle around Rosbury Rd, Shippensburg, Cumberland County, Pennsylvania when he negligently caused the vehicle to crash into a utility pole wherein Plaintiff's aforesaid electric lines, facilities or other appliances were located, and causing the damage hereinafter described. 9. At all times pertinent hereto Defendant Matthew L. Pratt's negligence consisted, inter alia, of the following: a. Failing to adequately control the motor vehicle; b. Traveling too fast for conditions; c. Failing to keep a proper look out; and d. Any and all other acts of negligence and /or carelessness developed during the course of discovery and/or at the time of trial. 10. As a direct and proximate result of Defendant's aforementioned actions, the Plaintiff's utility pole, facilities or other appliances sustained damage. 11. As a direct and proximate result of Defendant's aforementioned actions, Plaintiff was required to respond with a repair crew to contain and repair the dangerous condition resulting from the damage to Plaintiff's utility pole. 12. As a direct and proximate result of Defendant's aforementioned actions, Plaintiff was required to repair the damage to its utility pole, facilities or other appliances sustained damage at the cost of $6,548.65. A true and correct copy of Plaintiff's Replacement Costs Report is attached hereto, marked Exhibit "A ", and made a part hereof. 13. On or about September 23, 2013 a partial payment was made to Plaintiff on behalf of the Defendants in the amount of $5,000.00 leaving a remaining balance of $1,548.65. WHEREFORE, Plaintiff demands Judgment on Count I against the Defendant, Matthew L. Pratt, individually, in the amount of $1,548.65, plus costs. COUNT II — AGAINST MURRAY J. PRATT 14. The averments contained in Paragraph I through 13, above, are incorporated herein by reference thereto as though herein set forth at length. 15. At all times pertinent hereto, Defendant, Murray J. Pratt, was the owner of the vehicle operated by Defendant Matthew L. Pratt on October 10, 2012, which vehicle crashed into and damaged Plaintiff's utility pole, facilities or other appliances, as described aforesaid. 16. Defendant, Murray J. Pratt, was negligent in entrusting his motor vehicle to Defendant Matthew L. Pratt, who Defendant, Murray J. Pratt, knew or should have known was a dangerous, inexperienced or careless motor vehicle operator. WHEREFORE, Plaintiff demands Judgment on Count II against the Defendant, Murray J. Pratt, individually, in the amount of $1,548.65, plus costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. ezan, Esquire I.D. No.474 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 20222913 Rlsf, n Claim Invoice Wft- On Behalf of: Claim Number: 135146 Ohio Edison Co. The Illuminating Co. Invoice Number: 99894 Toledo Edison Co. Pennsylvania Powys Co. Metropolitan Edison Co. Pene1w Co. Invoice Date: 03/18/2013 Jersey Central Power & Light FirstEnergy Services, Inc. Due Date: 04/02/2013 Monongahela Power Co. Potomac Edison Co. Insurance Ref Number: West Penn Power co. Accounting: PN01 143699 450013 And other affiliates Matthew L. Pratt 31 Town Mills Amount Due Amount Paid Shippensburg, PA 17257 $6,548.65 $ ' Please return this portion with your payment within 15 days of the invoice date. Include the Claim Number on your check. Claim Number: 135146 Invoice Number. 99894 Tax ID: Accident Date: 10/10/2012 Make check payable to: PENNSYLVANIA ELECTRIC COMPANY Mail to: FIRSTENERGY CLAIMS DEPARTMENT, 76 South Main St., Akron, OH 44308 Matthew L. Pratt Expenses Incurred to replace pole #1 KRS- 236A83 and repair facilities located on Rosbury Rd, Shippensburg, PA, damaged when struck by a vehicle owned by Murray J. Pratt and operated by Matthew L Pratt on 10/10/12. Billing Information: Material and Misc Cost 832.33 Labor Cost 4,587.51 Contact Claims Department with Questions: Equipment Cost 1,128.81 Ohio Edison (330) 384 -7908 Metropolitan Edison (610) 921 -6422 Excess Height Cost 0.00 Illuminating Co. (330) 384 -5656 (610) 921 -6634 Set and Sell Cost 0.00 Toledo Edison (330) 384 -5656 Jersey Central T(SIO) 921 -6422 Contractor Cost 0.00 Penn Power (330) - 3845656 Penefec (610) 921 -6634 Sales Tax 0.00 Mon Power (724 }838 -6414 Potomac Edison (724)- 838 -6416 Total Amount Due 6,548.65 West Penn Powe(724) -838 -6419 Distribution Month: March 2013 Payment Summary Summary of Account Distribution Amount Acctg General Responsible Cost Internal Work Breakdown Ne[work Amount Paid 000 ompa lRdger Cost Center Ordar Structure Account Center Balance P 653149 450013 PW- 900403- REV -DOV -R 6,54a.&5 Due 6,548.65 IF YOU. ARE INSURED, PLEASE CONTACT ME WITH YOUR INSURANCE. INFORMATION. 10 HIBIT DENESE LEERY .0610 -921 -6634. A IF YOU ARE NOT INSURED. IMMEDIATE PAYMENT IS REQVIREDI FrrstEnergy Claim Invoice On Behalf of- Claim Number: 135146 Ohio Edison Co. The Illuminating Co. Toledo Edison Co. Pennsylvania Power Co, Invoice Number: 99$94 Metropolitan Edison Co. Penclec Co. Invoice Date: 11/20/2012 .jersey Central Power & Light FirslEnergy Services, Inc. Due Date: 12/05/2012 Monongahela Power Co. Potomac Edison Co. Insurance Ref Number: 4235 89 57 21 West Penn Power Co. Accounting: PN01 143699 450013 And other affiliates Murray J Pratt 6599 Upper Strasburg Rd. Amount Due Amount Paid PO Box 24 Pleasant Hall, PA 17246 $6,548.65 $ Please return this portion with your payment within 15 days of the invoice date. Include the Claim Number on your check. Claim Number: 135146 Invoice Number: 99894 Tax ID:4111111111111IIIIIIIIIIIIII Accident Date: 10/10/2012 Make check payable to: PENNSYLVANIA ELECTRIC COMPANY Mail to: FIRSTENERGY CLAIMS DEPARTMENT, 76 South Main St., Akron, OH 44308 Murray J Pratt Expenses incurred to replace pole #1KRS- 236A83 and repair facilities located on Rosbury Rd, Shippensburg, PA, damaged when struck by a vehicle owned by Murray J. Pratt and operated by Matthew L Pratt on 10/10/12. Billing Information: Material and Misc Cost 832.33 Labor Cost 4,587.51 Contact Claims Department with Questions: Equipment Cost 1,128.81 Ohio Edison (330) 384 -7908 Metropolitan Edison (610) 921 -6422 Excess Height Cost 0.00 Illuminating Co. (330) 384 -5656 (610) 921 -6634 Set and Sell Cost 0.00 or Toledo Edison (330) 384 -5656 Jersey Central 1(610) 921 -6422 Contractor Cost 0.00 Penn Power (330)- 384 -5656 Penelec (610) 921 -6634 Sales Tax 0.00 Mon Power (724) - 838 -6414 Potomac Edison (724)- 838 -6416 Total Amount Due 6,548.65 West Penn PoweQ724)- 838 -6419 Distribution Month: November 2012 Payment Summary Summary of Account Distribution Amount Paid Acctg General Responsible Cost Internal Work Breakdown Network Amount 0.00 Company Ledger Cost Center Order Structure Account Center Balance PN01 653149 450013 PW- 900403 - REV -DOV -R 6,548.65 Due 6,548.65 FirstEnergy Corp Printed. 311812013 Claims System Receivables: Replacement Costs Report Claim Number: 135146 Invoice Number: 99894 Invoice Approved: 3/18/2013 Principal: Matthew L. Pratt Material and Miscellaneous Qty Material Description Costs 1 POLE WOOD 45FT CLASS 3 CCA 290.27 1 CUTOUT OPEN N /LB 27KV 100A 12KA POLY 77.68 3 INK VLPOST POLY 35KV Y CL -TOP STD /BASE 156.39 1 CROSSARM LAM FIR 5" X 6 "X 10' 63.10 1 ARRESTER SURGE LINE POLY 18KV 30.94 Subtotal Materials 618.38 Material Handling Expense 212.28 Contracted Cost 0.00 Excess Height 0100 Meals 0.00 Miscellaneous 1.67 Sales Tax 0.00 Set and Sell 0.00 Total Material and Miscellaneous Costs 832.33 Truck/Equipment Description Costs Technical Service Vehicle/WorkTruck 1,128.81 Construction Equipment 0.00 Total Transportation and Equipment Costs 1,128.81 Labor Manhours Time Description Percentage Costs 14.5 Straight Time 21.64 956.97 52.5 Time and One Half 78.36 3,630.54 0 Double Time 0.00 0.00 67 Total Labor 100.00 4587.51 Total Replacement Costs 6,548.65 Page: 1 i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsifications to authorities, that she is Linda Buttery, Administrative Assistant of Pennsylvania Electric Co., plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Plaintiff's Complaint are true and correct to the best of her knowledge, information and belief. C �( . 9 La ut Date: January 9, 2014 Linda Butte y PennsylvarAa Electric Company, Claims WWR4 20222913 WP 135146 - Pratt WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urbari,Esquire I.D. No. 90.963 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 20222913 MDU/SJS Attorney for Plaintiff(s) PENNSYLVANIA CO VS. MATTHEW L PRATT MURRAY J PRATT CUMBERLAND County Court of Common Pleas No....-+5=551CIVIL PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. ad. By Matthew D. Urban, Esquire Attorney for Plaintiff IIIIIIIIIIIIIIIIIIIII11111111111111111111111111111111111111111111 MATTHEW L PRATT 31 TOWN MILLS SHIPPENSBURG, PA 17257 MURRAY J PRATT 6599 UPPER STRASBURG RD, LOT 1 PLEASANT HALL, PA 17246