Loading...
HomeMy WebLinkAbout05-1500I In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs. No. ps Brennan M. Kennedy Defendant 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff VS. Civil Action - In Law / No. 6S - IS-66 G/c?.L `rJZ?yl Brennan M. Kennedy Defendant COMPLAINT ARBITRATION This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 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. Defendant, Brennan M. Kennedy, is an adult individual residing at 110 Regency Woods North, Carlisle, PA 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 Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI PPL Electric Utilities Corp. vs. Brennan M. Kennedy 5. Defendant, Brennan M. Kennedy while operating a vehicle, collided with and damaged property owned by Plaintiff. 6. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; C) failed to keep a proper lookout; d) operated said vehicle in a reckless and careless manner; e) failed to keep vehicle in the proper lane of travel; f) failed to operate the vehicle within the posted speed limit or failed to operate the vehicle at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle without due regard for the rights, safety and position of the plaintiff; i) operated the vehicle in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles on public streets, highways and roadways; j) being negligent at the law; k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. Defendant struck and damaged a utility pole and wires owned and operated by PPL Electric Utilities Corp., at the vicinity of Marsh Run Road, Fairview Township, PA on or about April 2, 2003. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 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 $3846,14 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $3846.14 together with costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. DATED: March 17, 2005 By: Respectfully submitted, I 18938 Attorney Plaintiff AttornI.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), 1, 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. Dated: March 17, 2005 ? a V-t J 4- c? j P, , w N W W W 0 .l C7 ?rn a ( Dv? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01500 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS KENNEDY BRENNAN M R. Thomas Kline ,Sheriff or Deputy Sheriff, who leing duly sworn according to law, says, that he made a diligent se inquiry for the within named DEFENDANT KENNEDY BRENNAN M unable to locate Him in his bailiwick. He therefore returns COMPLAINT & NOTICE and was NOT FOUND , *s to the within named DEFENDANT , KENNEDY BRENNAN M 110 REGENCY WOODS NORTH CARLISLE. PA 17013 DEFENDANT IS BELIEVED TO BE IN DAUPHIN COUNTY PRISON'S WORK RELEASE PROGRAM Sheriff's Costs: So answers: Docketing 18.00 Service 3.70 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 36.70 KRZYWICKI & ASSOCIATES 04/21/2005 Sworn and subscribed to before me this cx"J day of _?,. ,,.'A.D. Prothondtary KRZMCKI & ASSOCIATES Anthony P. Krzptwki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I D. 23 75 412 68 5 2 -------------------------------- PPL Electric Utilities Corp. Plaintiff vs. Brennan M. Kennedy Defendant(s) -------------------------------- Court of Common Pleas Cumberland County Civil Action No. 05-1500 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint against the defendant(s) in the above captioned Civil Action for an additional thirty days. DATED: April 27, 2005 KRZYWICKI L ASSOCIATES BY: Anth ny . Krz icki Att r v for P aintiff -.? <r =, _, ;;_ ,;, ,,, 1';. <_:., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS KENNEDY BRENNAN M R. Thomas Kli , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KENNEDY BRENNAN M but was unable to locate Him in his bailiwick to wit: He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 7th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 27.50 Sheriff of Cumberland County Postage .37 64.87 06/07/2005 KRZYWICKI & ASSOCIATES Sworn and subscribed to before me this 15'?- day of ?rn i A. D. Prothonotary ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-01500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS KENNEDY BRENNAN M SHANNON SHERTZER , sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KENNEDY BRENNAN M the DEFENDANT , at 2056:00 HOURS, on the 6th day of June 2005 at 36 KENSINGTON SQUARE MECHANICSBURG, PA 17055 by handing to ERIN KENNEDY, SISTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 8.14 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 24.14 06/07/2005 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: Z me this day of f Deputy S eriff ?D177 A.D. P otho otary Tn The Court of Common Pleas of Cumberland County, Pennsylvaida PPL Electric Utilities Corp vs. Brennan M. Kennedy No. 05-1500 civil Now May 17, .2005 I SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, the contents thereof. Sheriffof , County, PA COSTS Sworn and subscribed before SERVICE $ me this , day of 20 NnEAGE AFFIDAVIT 20^, at o'clock M. served the copy of the original (pif-Tre -of 14P ?'" hrrif f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania PPL ELECTRIC UTILITIES CORP vs County of Dauphin KENNEDY BRENNAN Sheriff's Return No. 0901-T - - -2005 OTHER COUNTY NO. 05-1500 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KENNEDY 13RENNAN the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 20, 2005 DEFENDANT, BRENNAN KENNEDY WAS RELEASED FROM THE WORK RELEASE CENTER. REGISTERED ADDRESS: 36 KENSINGTON SQUARE, MECHANICSBURG, PA. Sworn and subscribed to before me this 20TH day of MAY, 2005 1101- lCGt/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, °/l ? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$27.50 PD 05/18/2005 RCPT NO 207009 2122PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 19013 Curtis R. Long Prothonotary TO: Brennan M. Kennedy 110 Regency Woods North Carlisle, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs Brennan M. Kennedy Defendant Civil Action - In Law No. 05-1500 CV ARBITRATION 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. (XX) Judgment ( ) Money Ju ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment Curtis R. Long by Default Prothonotary 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 21222D In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ecE Uti sties Corp. Plaintiff Civil Action - In Law vs Brennan M. Kennedy Defendant No. 05-1500 CV ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. Brennan M. Kennedy Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, Brennan M. Kennedy for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 3846.14 $ 3846.14 together with interest thereon from the date of judgment forward and all costs of this action. 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 Corp., is 827 Hausman Road, Allentown, PA 18104. 2122PD 2. The true and correct address of the Defendant, Brennan M. Kennedy, is 110 Regency Woods North, Carlisle, Cumberland County, PA 17013. Krzywicki DATED: August 25, 2005 By: 4 9 Nbxtt Sub P.O. Box 505 New Hope, PA 215-862-4390 Attorney for Attorney I.D ?S?o 'ates n Road 18938 Plaintiff 23754 SHERIFF'S RETURN - REGULAR Icc2cc SE NO: 2005-01500 P MMONWEALTH OF PENNSYLVANIA: UNTYOF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS KENNEDY BRENNAN SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENNAN M DEFENDANT the , at 2056:00 HOURS, on the 6th day of June , 2005 at 36 KENSINGTON SQUARE MECHANICSBURG, PA 17055 by handing to ERIN KENNEDY, SISTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 24.14 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 06/07/2005 KRZYWICKI & ASSOCIATES By: ? ?X, f'LAL l? Deputy S eriff Prothonotary 2122PD In the Unknown of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs Brennan M. Kennedy Defendant No. 05-1500 CV ARBITRATION NOTICE TO: Brennan M. Kennedy 110 Regency Woods North Carlisle, PA 17013 Date: July 28, 2005 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 17013-3387 (717) 249-3166/(800) 990-9108 Krzywicki and Associates By: 151 Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2122PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti I Corp. Plaintiff Civil Action - In Law vs Brennan M. Kennedy Defendant(s) No. 05-1500 CV AFFIDAVIT OF SERVICE STATE OF NEW JERSEY SS. COUNTY OF HUNTERDON 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. 237.1 on Defendant(s), by firs ss mail on 07/28/2005. / SWORN TO AND SUBSCRIBED BEFORE ME THIS ZS DAY Attorn for Pi4-kn7-ff, Krz cki and Associates P.O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 MICHFr -,.c PYATT ?JOTARY PUBLIC OF NEW JERSEY r/ of"r C:.'Sfi,'viiSSiOr, sX°(RGS JULY 9. 2003 2122PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Uti sties Corp. Plaintiff Civil Action - In Law vs Brennan M. Kennedy Defendant No. 05-1500 CV ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Brennan M. Kennedy, in this matter was mailed to the defendant after the default occurred and at least ten 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 that notice is attached hereto and made a part of this certification. Krzywick?nd/Associates DATED: August 25, 2005 By: 49 Nox`th-XFgan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2122PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric U:- III Corp. Plaintiff Civil Action - In Law vs Brennan M. Kennedy Defendant No. 05-1500 CV ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY ss. COUNTY OF HUNTERDON I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendant, Brennan M. Kennedy, 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, Brennan M. Kennedy, is more than 18 years of age and currently resides at 110 Regency Woods North, Carlisle, PA 17013. 3. I have ascertained the above information by personal investigation and make this affidavit wit e authority. Sworn to and subscribed b ore me thi42?5 Woof gus 05 ota/ .;,,-any pU-,LIC OF NEw{ JERSEY ,WISSiGN EXPIRES JULY 9, 260 Q CD/ (Y ro OD IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No.: 05-1500-CV vs. : BRENNAN M. KENNEDY, ARBITRATION Defendant. AFFIDAVIT OF JUDGMENT STATE OF PENNSYLVANIA ss: COUNTY OF BUCKS I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., Two North Ninth Street, Allentown, PA 18101, Plaintiff herein and as such state the following: 1. The Judgment against Defendant, BRENNAN M. KENNEDY arose out of a vehicular collision in which he was the driver. Anthony P. Krz icki, Esq. Attorney for Pla tiff KRZYWICKI & A P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA. Attorney ID #23754 Sworn to and subscribed beforit me this /J? : vlay of NOTARX PUBLI COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Catherine Ross-Macaluso, Notary Pubic Sole" Twp., Bucks County, Commission Expires March 30, 2010 9a « -1 -rte O ? ?1 C ? i 8?i ?? i? r- r? x s? co r KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 05-1500-CV BRENNAN M. KENNEDY ARBITRATION Defendants MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, PPL Electric Utilities Corp., moves the Court to enter an order in the form attached, directing Defendant, Brennan M. Kennedy, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, Brennan M. Kennedy, on September 4, 2008 and January 6, 2009. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, Brennan M. Kennedy, have been received by Plaintiff as of the date of this motion. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. respectfully requests the Court to enter an order-directing Defendant, Brennan M. Kennedy, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, KRZYWICKI & ASSC CIATES DATED: February 27, 2009 By: KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 05-1500-CV BRENNAN M. KENNEDY ARBITRATION Defendants MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, PPL Electric Utilities Corp., to recover sums due from damages to their property. Plaintiffs Interrogatories directed to Defendant, Brennan M. Kennedy, were served on Defendant on September 4. 2008 and January 6, 2009. Plaintiff has received no answers or objection to Plaintiff's Interrogatories directed to Defendant, Brennan M. Kennedy, no answers have been produced and no extension of time to answer has been requested by the Defendant. II. DISCUSSION Defendants' failure to answer Plaintiffs Interrogatories directed to Defendant, Brennan M. Kennedy, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a) (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally, Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make ...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co., 268 Pa. Super. 245, 407 A.2d 1338 (1972), the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1.341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order, in the form attached, directing Defendant to comply with Plaintiff's discovery requests. DATED: February 27, 2009 B1 Respectfully submitted, EXHIBIT A LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 September 4, 2008 Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Re: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500-CV Our File No.: 2122-PD Dear Mr. Kennedy: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the parry served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt... KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorneys for Plaintiff APK/srr encl. cc: Court of Common Pleas Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants. INTERROGATORIES TO DEFENDANT, BRENNAN M. KENNEDY FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, PPL Electric Utilities Corp. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; C. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with PPL Electric Utilities Corp. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: September 4, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants. VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant 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 deliver via First Class Mail to the following: Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: July 10, 2008 Anthony P. Krzywicki, Esquire Attorney for Plaintiff LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 SECOND REQUEST January 6, 2009 Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Re: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500-CV Our File No.: 2122-PD Dear Mr. Kennedy: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) .•• any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt... KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorneys for Plaintiff APK/srr encl. cc: Court of Common Pleas Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. BRENNAN M. KENNEDY, Defendants. Civil Action - In Law No.: 05-1500-CV INTERROGATORIES TO DEFENDANT, BRENNAN M. KENNEDY FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, PPL Electric Utilities Corp. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; C. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with PPL Electric Utilities Corp. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: September 4, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. Plaintiff, Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants. VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant 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 deliver via First Class Mail to the following: Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: September 4, 2008 Anthony P. Krzywicki, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKIA-ASSOCIATES DATED: February 27, 2009 By: TO Box New Hope, PA 189 (215) 862-4390 Attorney for Plaintiff Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. BRENNAN M. KENNEDY STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) Plaintiff, Defendants AFFIDAVIT OF SERVICE Civil Action - In Law No. 05-1500-CV ARBITRATION I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Motion to Compel in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on February 27, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. & ASSOCIATES Sworn to before me this Tl day of M 6 rC , 2009. NOT Y PUBLI N0M L U $EAL AMY M GLASGOW Notary FU NC SOIEWRY rwp. WOKS Cdvwy ' MY Comml?Non Sxpiau Mar 1 I.161 Z A for Plai iff Box 505 new Hope, A n18938 Attorney No.23754 (215) 86 0 a=-- ? • This prhfioete of Meiirro con efmcate of ' This form may be used for omomWic ? ntam?bnot me#. Pfesented to USPSA for magirg. From; To: F? 'f7. APrP ? 7 PSN 7530-U2-0069065 - It CD 1 n z c_ O"?T p m U7 L NVIX?2? JU' 'U -v, rn A D O 'P fr7 f-0 19 q? ,:. in .«.« (.? W KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. 05-1500-CV BRENNAN M. KENNEDY Defendants ARBITRATION AMENDED MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, PPL Electric Utilities Corp., moves the Court to enter an order in the form attached, directing Defendant, Brennan M. Kennedy, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, Brennan M. Kennedy, on September 4, 2008 and January 6, 2009. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, Brennan M. Kennedy, have been received by Plaintiff as of the date of this motion. 3. A Judge has not ruled upon any other issues in this matter. 4. There is no opposing counsel of record. WHEREFORE, Plaintiff, PPL Electric Utilities Corp. respectfully requests the Court to enter an order-directing Defendant, Brennan M. Kennedy, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, DATED: March 11, 2009 KRZZYWICKI & ASSOCIATES t ? "' t"` r-' _7 w e ...? ?.. __s t i=?=a _. ' ?.n ??, E. ",? .?.? fly ?. ,?; ?? f? ?J? ?3? ??` PPL ELECTRIC UTILITIES CORP., Plaintiff V. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND PLAINTIFF'S AMENDED MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 20`h day of March, 2009, upon consideration of the above motions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. ,Zthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 1893 8 Attorney for Plaintiff X ?/"""ennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 170555 Defendant, pro Se :rc J . 1 BY THE COURT, y,`r h lei I S :1 l4d, OZ ? V HE c • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 05-1500-CV BRENNAN M. KENNEDY Defendants ARBITRATION 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 Order for Plaintiff's Motion to Compel Discovery in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 27, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. By: Sworn to before me this -day of OO rr r h , 2009. Q?n?l &-at4o? - NNOTAk'V PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 KRZYWICKI & ASSQCIATES P P. O. ox New ope, PA 189 Attorney ID No. 54 (215) 862-4390 'r ININTMISTATO p Ff M • CEitlflCBtE ?o pay fe f , stamps or 0f F419 ost here. This Certifi cats of Mailing provides avidence that mail has been presentad to US f ing. This form may be used for domestic and international mail. Q 11• From:~ r"-- _-?.??....?.r.,i n • ncrAnT ?rrwAo _ -L_ _ Cwt d NEW HOPE, PA 18938 N ' To: Ktoo( CY_ PS Form 3817, April 2007 PSN 7530-02-000-9065 L) LL l'f-"?-OrCULf flo- pnbcn cl: a. 205 APR .. I 12153 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. BOX 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. 05-1500-CV BRENNAN M. KENNEDY, Defendant. MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its attorney, moves the Court for an Order, making absolute this Courts Order of March 20, 2009 and states in support thereof the following: 1. Plaintiff, PPL Electric Utilities Corp., is a Pennsylvania Corporation located at Two North Ninth Street, Allentown, Pennsylvania, 18106. 2. Defendant, Brennan M. Kennedy, is a Pennsylvania resident residing at 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff's Interrogatories directed to Defendant, Brennan M. Kennedy, were served on Defendant on September 4, 2008. 4. Plaintiff served the Defendant a Second Request for Plaintiff's Interrogatories directed to Defendant, Brennan M. Kennedy, on January 6, 2009. 5. A Motion to Compel Discovery was issued on February 27, 2009 upon the Defendant, Tiffany M. Evans. 6. The Defendant has not shown cause why Plaintiffs Motion to Compel Discovery should not be granted. 7. On March 20, 2009, Judge J. Wesley Oler, Jr., filed an Order stating that the Defendant is to show cause why the relief requested should not be granted and Rule Returnable within 20 days from the date of the Order. (See Exhibit A.) 8. Defendant has not responded to the Order. 9. There is no opposing counsel of record. Wherefore, Plaintiff requests that the Court make the Order dated March 20, 2009, Absolute. Respectfully submitted, KRZYWICId & ASSOCIATES DATE: May 5, 2009 BY: A EXHIBIT A L.1'LLiv PPL ELECTRIC UTILITIES CORP., Plaintiff v. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND PLAINTIFF'S AMENDED MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 20`x' day of March, 2009, upon consideration of the above motions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. Antho P. Krzywicki, Esq. P.O ox 505 ew Hope, PA 18938 Attorney for Plaintiff Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 170555 Defendant, pro Se rc BY THE COURT, VERIFICATION I, Anthony P. Krzywicki, Esquire hereby state that as the Attorney representing the Plaintiff in this action, I verify that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unworn falsifications to authorities. KRZYWICKI & ASSOCIATES Dated: May 5, 2009 Anthony P. Krzywicki, Esquire CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire hereby certifies that a copy of the foregoing Motion to Make Rule Absolute and documents in support thereof were served upon defendant by depositing copies thereof in the United States mail, with sufficient postage, addressed as follows: Mr. Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 DATED: May 5, 2009 FILED- Quo-OF THE PP k T ONDTARY 2009 MAY -7 PM 1: 00 PPL ELECTRIC UTILITIES CORP., Plaintiff V. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 12`h day of May, 2009, upon consideration of Plaintiffs Motion To Make Rule Absolute, and with no response from the Defendant to the Rule issued in the above matter on March 20, 2009, Plaintiff's motion is granted and Defendant Brennan M. Kennedy is directed to provide full and complete answers to Plaintiff's Interrogatories within 20 days of the date of this order. Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 18938 Attorney for Plaintiff Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Defendant, pro Se :rc copt £S .A= t LL BY THE COURT, l1ld Y.I_V?Y:It j 4.i1.-??-??i jf '`y' t ,.. CIH IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. 05-1500-CV BRENNAN M. KENNEDY, 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 Order for Plaintiff's Motion to Make Rule Absolute in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, under the exclusive care and custody of the United States Postal Service on May 18, 2009. A copy of the USPS Certificate of Mailing receipt is annexed hereto and made a part hereof. By: Sworn to before me this day of ?, 2009. NOTARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary PUb11C SOLEdUWy TWr MICKf COUNTY My Commission Expires mat 14, 2012 KRZYWICKI &OCIATES P. Attorney amtitt P. O. 05 NKv Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 L1LL } U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND PROVIDE FOR NSURANCE POSTMAS ERNATIONAL MAIL, DOES NOT Received From: ??¦ KUrMa. Q & ASSOCI? ., aE 1 7 One piece of ordinary mail addressed to: no C;.-o; S9 J. C.')00:Ornr+_U 000-6 & `i rn0i?) Mr. Brennan M. Kennedy e -{ 36 Kensington Square Mechanicsburg, PA 17055 PS Form soi r , Januaryzvv Z I LLP?- cY tv ,ct cfix?n FE OF MAILING > R 0s I Hr C 00 9t'rAt 21 r.? l ?v KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 05-1500-CV BRENNAN M. KENNEDY, Defendant. PLAINTIFF'S MOTION FOR CONTEMPT Plaintiff, PPL Electric Utilities Corp., hereby move this Court to impose sanctions on Defendant, Brennan M. Kennedy, for failure to provide full and complete answers to PPL Electric Utilities Corp.'s discovery requests in willful violation of this Court's Order of March 20, 2009 and May 12, 2009, and state in support the following: On September 4, 2008 and January 6, 2009, Plaintiff, PPL Electric Utilities Corp., served the attached Interrogatories on Defendant, Brennan M. Kennedy. (Exhibit A) 2. On February 27, 2009, Plaintiff served the attached Motion to Compel to Defendant, Brennan M. Kennedy. (Exhibit B) 3. On March 20, 2009, the attached Order was entered requiring that Defendant files an Answer to Plaintiff's Motion within thirty (30) days. (Exhibit C) 4. On March 27, 2009, Plaintiff served the attached Order to Defendant, Brennan M. Kennedy. (Exhibit D) T It LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 September 4, 2008 Brennan M. Kennedy % Kensington Square Mechanicsburg, PA 17055 Re: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500-CV Our File No.: 2122-PD Dear Mr. Kennedy: Because you have failed to pay the judgment entered against you to the above term and number, the. Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... I It (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt... KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorneys for Plaintiff APK/srr encl. cc: Court of Common Pleas Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants INTERROGATORIES TO DEFENDANT, BRENNAN M. KENNEDY FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, PPL Electric Utilities Corp. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. ! t 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. I 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof, c. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with PPL Electric Utilities Corp. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: September 4, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants. VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant 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 deliver via First Class Mail to the following: Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: July 10, 2008 Anthony P. Krzywicki, Esquire Attorney for Plaintiff t LAW OFFICES KRZYWICKI & ASSOCIATES P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 SECOND REQUEST January 6, 2009 Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Re: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500-CV Our File No.: 2122-PD Dear Mr. Kennedy: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt... KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorneys for Plaintiff APK/srr encl. cc: Court of Common Pleas Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants INTERROGATORIES TO DEFENDANT, BRENNAN M. KENNEDY FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, PPL Electric Utilities Corp. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 31 17, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof, c. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust fiends or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with PPL Electric Utilities Corp. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: September 4, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. BRENNAN M. KENNEDY, Defendants. VERIFICATION Civil Action - In Law No.: 05-1500-CV I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant 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 deliver via First Class Mail to the following: Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: September 4, 2008 Anthony P. Krzywicki, Esquire Attorney for Plaintiff EXHIBIT B n f1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPIL ELECTRIC' UTILITIES CORP., vs. BRENNAN M. KENNEDY STATE OF PENNSYLVANIA ) ss.: COUNTY Or DUCKS ) Plaintiff. Defendants AFFIDAVIT OF SERVICE Civil Action - In Law No. 05-1500-C.V ARBITRATION n ? c7 I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Motion to Compel in the above matter, addressed to Defendant; Brennan M. Kennedy, at his last known address, which is 36 Kensington Square. Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of tvlailing under the exclusive care and custody of the United States Postal Service on hebruary 27, 2009. A copy oI" the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI & ASSOCIATES By 7' - -ionv Attorly 'laintiff Svao?•n to before me this t J ?' day of - PCO (C. 6 , 2009. --- NOTA ' PTJBI,TC -- NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 P. _ ox 505 New Hope, PA 189 - 8 Attorney ID No. 29754 (215) 862-4390 UMTEDSTATES ?° i g ' Certificate Of Mailin ' ' C This Certificate of Mafing provides evidence that mail has been presented to USPS® for mailing This Idnn maybe used IOf tlOmeatlC and international mall V c P From: KRZYWICKI & A P BOX To: 'i Cp ° ° In m r'- 3IM :E Ip 3 b 001 -00t:) nn •C(I ?a -D I7 LI L-1- 31 PS Form 3817, April 2007 PSN 7530-02-000-9065 ataa 12 0 A EXHIBIT C PPL ELECTRIC UTILITIES CORP., Plaintiff V. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND PLAINTIFF'S AMENDED MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 20`x' day of March, 2009, upon consideration of the above motions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. Antho P. Krzywicki, Esq. P.O ox 505 Yew Hope, PA 18938 Attorney for Plaintiff Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 170555 Defendant, pro Se ? 12Z ,_. : rc BY THE COURT, EXHIBIT D IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. BRENNAN M. KENNEDY Plaintiff, Defendants STATE OF PENNSYLVANIA ) SS.: COUNTY OF BUCKS 1 AFFIDAVIT OF SERVICE Civil Action - In Law No. 05-1500-CV ARBITRATION b -0?(7" q ? MIR 7i -4 to w -< I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Order for Plaintiff's Motion to Compel Discovery in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 27, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI By: Anthony Sworn to before me this S-?r-hday of 000(, , 2009. NOTARY PUBLIC M GLASGOW tary Public FCSO0MLrMM6U,43R$Ny100Tn TARIAL SEAL WP, BUCKS COUNTY Expires Mar 1 d, 2012 P. O. Bo 505 New Hope, PA 189 Attorney ID No. 23 (215) 862-4390 TES l ?, f v p 9 Thu corm maybe used for domestic and international mail From: a-l" G,i1-nir ?TTO tl ^.r PO BOX 505 NEW HOPE, PA 18938 -- pJ .. UNTEDSTATES POSTALSERVXEs Certificate Of I/Q` ' 70 pay re., fhn stamps or osta_ here This CBM1ihtata or Marlin ^rowtlee evidence that mail has been resented to USPC f in n, \ L_ I L L I I PS Farm 3817, April 2007 PSN 7530-02-000-9065 I LL r?-Or% ?C r -O kttrn •, EXHIBIT E . LAW OFFICES KRZYWICKI & ASSOCIATES P. O. Box 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 May 4, 2009 Curtis R. Long Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500 Civil Term Our File No.: 2122 PD Dear Mr. Long: Enclosed herewith please find an original and one (1) copy of Motion to Make Rule Absolute, and form of Order. Also enclosed is an extra copy of the Order and a self-addressed, stamped envelope do the Defendant or Attorney for Defendant. Please file with the Court and return a time-stamped copy to our office in the enclosed, self-addressed, stamped envelope. Thank you for your usual, kind attention. Very truly yours, Anthony P. Krzywicki Attorney for Plaintiff APK/anig Enclosures cc: Mr. Brennan M. Kermedy r rr J EXHIBIT F i f, J PPL ELECTRIC UTILITIES CORP., Plaintiff V. BRENNAN M. KENNEDY, Defendant U LL P> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 12`x' day of May, 2009, upon consideration of Plaintiff's Motion To Make Rule Absolute, and with no response from the Defendant to the Rule issued in the above matter on March 20, 2009, Plaintiff's motion is granted and Defendant Brennan M. Kennedy is directed to provide full and complete answers to Plaintiff's Interrogatories within 20 days of the date of this order. A hony P. Krzywicki, Esq. 0. Box 505 New Hope, PA 18938 Attorney for Plaintiff Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Defendant, pro Se rc BY THE COURT, a rt i EXHIBIT G ZlLI . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CO-RP: Plaintiff Civil Action - In Law vs. • No. 05-1500-CV a BRENNAN M. KENNEDY, Defendant. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) COUNTY OF BUCKS ss): I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Order for Plaintiff's Motion to Make Rule Absolute in the above matter, addressed to D Brennan M. Kennedy, at his last known address, which is 36 Kensington e Sndant, Mechanicsburg, Pennsylvania, 17055, under the exclusive care and custody of the United States e Postal Service on May 18, 2009. A copy of the USPS Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKIA SS CIATES By: y Sworn to before me this 1 day of Ac(,L;' 2009. NOT RY PU13 IC NOTARIAL SEAL AMY M GLASGOW Notary Public SO IE83URY TWP, BUCKS COUNTY My Commisslon Expires Mar 14.2012 • 5Y_2i, Esquire New Wpe, PA 18938 Attorney ID No. 23754 (215) 862-4390 lk 'tA -* U.S. POSTAL SERVICE CERTIFICATE OF MAILINU MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From KRZYWICKI & ASSOCIa One piece of ordinary mail addressed to: Mr. Brennan. M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 c4 t X -Z y .CJ?-^ tl C' )OU: ...«a Coll .r:1fl fq pq )1 s s; ' 17 .D ,ii (PS Form 3817, January 2001 tom. !L2 ?1 t +r?i??1 >u! t7 ',/t h, 461 jC.Z a( t. L? 's t *1 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. Dated: July 8, 2009 CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion for Contempt and Memorandum in Support thereof were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 KRZYWICKI & A ,SSO?IATES, P.C. DATED: July 8, 2009 By: P. PO Box 465 New Hope, PA 1 938 (215) 862-4390 Attorney for P aintiff Attorney ID 2 754 `j( r. r, rte' ?L..'t. ?, ?, TFrr ?at PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS OF CORP., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRENNAN M. KENNEDY, Defendant NO. 05-1500 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2009, upon consideration of Plaintiff's Motion for Contempt, a hearing is scheduled for Tuesday, August 4, 2009, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. -Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 18938 /Attorney for Plaintiff Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Defendant, pro Se :rc l ES /YL? [ cc r 7/1 d? BY THE COURT, OF THr t.['.P JUI f ' i? :1s: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 05-1500-CV BRENNAN M. KENNEDY, 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 Order for Hearing Date for Motion for Contempt in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, under the exclusive care and custody of the United States Postal Service on July 22, 2009. A copy of the USPS Certificate of Mailing receipt is annexed hereto and made a part hereof. Sworn to before me this At"Ioday of , 2009. ?- NOT Y PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY W, BUCKS COUNTY My Commission Expires Mar 14, 2012 New Hope, PA 1893 8 Attorney ID No. 23754 (215) 862-4390 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: KUYWIGU & ASSOCIATES PQ BOX 565 ROM ?A 119M One piece of ordinary mail addressed to: Mr. Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 o? 2 p M O N CD $ ? N m o Z C oo Dr o _ ON0p27> ?. CDO•-"? 0?. Z.Nt?mvo -0 M r Ul CC D 0 w m PS Form 3817, January 2001 2122 PD-Order for Motion for Contempt FILE)-; ?_w T 4f? OF THE 2009 JUL C4 F ;,: CIO PPL ELECTRIC UTILITIES CORP., ; Plaintiff v. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1500 CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, PPL ELECTRIC UTILITIES CORP., in the above-captioned matter. Respectfully Submitted, SAJDI[S FLOWER '& IJNDS" 26 West High Street Carlisle, PA Dated: August 4, 2009 SAIDIS, FLOWER & LINDSAY Ibert H. Masland, Esquire Attorney Id. 36511 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 4`h day of August, 2009, a true and correct copy of the foregoing document was served upon the party listed below, via personal service: Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 SAIDIS, FLOWER & LINDSAY Albert H. Maslan , Esquire Supreme Court ID No. 36511 26 West High Street Carlisle, PA 17013 717-243-6222 CIS & LINDSAY MMEMMM 26 West High Street Carlisle, PA OF THIE" MARY 2009AUG -4 FIN j, SU trVtY? t_ 'JSV 1 ! r ? PPL ELECTRIC UTILITIES IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRENNAN M. KENNDY, Defendant NO. 05-1500 CIVIL TERM ORDER OF COURT AND NOW, this 4th day August, 2009, upon consideration of Plaintiff's Motion for Contempt and following a proceeding at which the Defendant failed to appear, the Court finds the Defendant has intentionally, voluntarily, and willfully failed to comply with the order of court dated May 12, 2009, the Defendant is adjudicated in contempt, and the Defendant is directed to pay legal fees in the amount of $1,100.00 to Plaintiff's counsel within thirty days of the date of this order and to appear in court for a hearing on the imposition of sanctions on Monday, August 31, 2009, at 11:45 a.m. in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, without further order of court. By the Court, ? Albert H. Maslan d, Esquire For the Plaintiff V Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 :lfh ??lgl ? CP THE PP ±,!`?','0TAPY 2004 AUG 18 PM 12: 0 S iENNSM,°I,*A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No.: 05-1500-CV BRENNAN M. KENNEDY, Defendants. 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 Order upon consideration of Plaintiff's Motion for Contempt and hearing in the above matter, addressed to Defendant, Brennan M. Kennedy, at his last known address, which is 36 Kensington Square, Mechanicsburg, Pennsylvania, 17055, under the exclusive care and custody of the United States Postal Service on August 20, 2009. A copy of the USPS Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKA?SOCIATES, P.C. Sworn to before me this Z' day of 0 e t c , 2009. r L. A,,,,,, NOT Y PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 By: huuu"+7 r. nrzy xi, squire Attorney for ntif P. O. Box 5 5 New Hope, PA 1 Attorney ID No. 23754 (215) 862-4390 V 11 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Krzywicki & Associates, PC t.. P.O. BOX 505 ?'- New Hope, PA 18938 c`r ?`e-- o?c h 2 r ~ O O O T h ?.N T Y One piece of ordinary mail addressed to: 0111 0 M z c ??,? 1• o{?} E in Mr. Brennan M. Kennedy Cn. °^70029 ?---- cos--. Z- ,W-000 36 Kenington Square co ?'00DM 0 Mechanicsburg, PA 17055 WLyl 2 M v rvnn a0 1 I , January zUUA ALE C C' E OF TH'E- 2009 AUG 27 Pi 3: 142 PPL ELECTRIC UTILITIES CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRENNAN M. KENNEDY, Defendant NO. 05-1500 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August, 2009, upon consideration of Plaintiff's Motion for Contempt and pursuant to an oral motion of Plaintiff's counsel in the person of Albert H. Masland, Esquire, in open court for a continuance of the proceeding scheduled for this date on the issue of sanctions to be imposed against the Defendant, the Plaintiff's motion for a continuance of the hearing is granted, and the Defendant is directed to appear for a rescheduled hearing on the issue of the imposition of sanctions on Wednesday, October 14, 2009, at 2:30 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, without further order of Court. By the Court, ? Albert H. Masland, Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff ? Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Defendant, pro Se pcb ?o OES ma t-LcL Q?3/? OF TH F r n TARY 2099 SEP _3 AM I I : 0L a ??? ? q Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson 4114 Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor PPL Electric Utilites Corporation vs. Elizabeth A. Kennedy SHERIFF'S RETURN OF SERVICE M>n lip ` """UMY PENNSYLVANIA Case Number 2005-1500 09/30/2009 04:38 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2009 at 1638 hours, he served a true copy of the within Subpoena, upon the within named defendant, to wit: Elizabeth A. Kennedy, by making known unto herself personally, at 36 Kensington Square Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, October 01, 2009 R THOMAS KLINE, SHERIFF .FIB}=FCL THC P?'_?WNOTAW 2009 001-2 AM 10: 28 By Deputy Sheriff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action -In Law vs. No.: 05-1500 CIVIL TERM BRENNAN M. KENNEDY, Defendant. PRAECIPE TO WITHDRAW MOTION FOR CONTEMPT TO THE PROTHONOTARY: Kindly mark the Motion for Contempt of Defendant, Larry L. Shaffer, filed on July 9, 2009, WITHDRAWN in the above-captioned Civil Action. KRZYWICKI & ASSOCIATES, P.C. DATED: October 13, 2009 BY: Antl5ony P. I ' icki, quire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney I.D. 23754 _.. • '°?11 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. Plaintiff, Civil Action -In Law No.: 05-1500 CIVIL TERM BRENNAN M. KENNEDY, Defendant PRAECIPE TO WITHDRAW MOTION FOR CONTEMPT TO THE PROTHONOTARY: Kindly hark the Motion for Contempt of Defendant, Brennan M. Kennedy, filed on July 9, 2009, WITHDRAWN in the above-captioned Civil Action. KRZYWICKI & ASSOCIATES. P.C. DATED: October 14, 2009 BY: 't' -Anthony P. gw. wicki, E 10re Attorney for Plaintiff 1'.(J. Box 505 New Hope. PA 1893 (215)862-4390 - .-- Attorney I.D. 23754 ` f ., - r ? J PPL ELECTRIC UTILITIES CORP., Plaintiff V. BRENNAN M. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-1500 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 21St day of October, 2009, upon consideration of the attached letter from Anthony P. Krzywicki, Esq., attorney for Plaintiff, the hearing previously scheduled for October 14, 2009, is cancelled. ? Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 18938 Attorney for Plaintiff ? Brennan M. Kennedy 36 Kensington Square Mechanicsburg, PA 17055 Defendant, pro Se :rc 12rT Es' m.'zc Lc- le y ax/o? -/Y1 BY THE COURT, 10/14/2009 08:29 2158624393 KRZYWICKI & ASSOC. L AW OFFICES KRZYWICKI & ASSOCIATES, P.C. P. 0. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: {215} 862-4393 October 14, 2009 VIA, FACSIMILE: 717-240-6462 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: PPL Electric Utilities Corp. vs. Brennan M. Kennedy Civil Action No.: 05-1500 CIVIL TERM Our File No.: 2122 PD Dear Judge Oler: PAGE 01/02 Please cancel the hearing scheduled for October 14, 2009 at 2:30 PM on the imposition of sanctions in the above mattex. Attached is a Praecipe to Withdraw Motion for Contempt to be filed with the Court. If you have any questions please call 215-862-4390. Very truly yours, K.RZYWICKI & ASSOCIATES, P.C. By: Amy M. Glasgow, Legal Assistant APK/arng Enclosure TIFF n