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HomeMy WebLinkAbout05-1867 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law VS. No.US _IJe CW Bret Michael Fitzpatrick Horizon Satellites, Inc. 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. n g - /PL Bret Michael Fitzpatrick Horizon Satellites, Inc. Defendants 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. 3. Defendant, Bret Michael Fitzpatrick, is an adult individual residing at 343 Walton Street, Lemoyne, PA 17043. 4. Defendant, Horizon Satellites, Inc., is a foreign corporation doing business at 295 Oakwood Drive, Cedartown, GA 30125. 5. 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 Com. vs. Bret Michael Fitzpatrick Defendant, Bret Michael Fitzpatrick while operating a vehicle and collided with and damaged property owned by Plaintiff. 9. Defendant negligently operated the vehicle in that he: 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. 10. Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL Electric Utilities Corp., at the vicinity of Route 115, by Race Track, Blakeslee, PA on or about August 30, 2004. It. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 12. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 13. Plaintiff has been damaged in the amount of $3077.68 plus costs and attorneys fees. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $3077.68 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. COUNT II PPL Electric Utilities Corp. vs. Horizon Satellites Inc 14. Paragraphs 1 through 13 are incorporated as referenced as if fully set forth herein. 15. At all time relevant hereto, defendant, Horizon Satellites, Inc., were the owner of the vehicle driven by defendant Bret Michael Fitzpatrick that hit the active utility pole and overhead facilities. 16. At the time of the aforesaid accident, Defendant, Horizon Satellites, Inc. was responsible for the actions of his agent, Bret Michael Fitzpatrick. 17. The aforementioned damages were the direct and proximate result of the negligence of defendant, Horizon Satellites, Inc., including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to defendant, Bret Michael Fitzpatrick; b) negligently and carelessly failing to properly and adequately supervise and/or train defendant, Bret Michael Fitzpatrick, in the operation of his/her vehicle; C) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways and; f) otherwise failing to exercise reasonable care under the circumstances. 18. As a direct and proximate result of the negligence of defendant, Horizon Satellites, Inc., plaintiff sustained damages as described above. 19. Plaintiffs property damage is in the amount of $3077.68. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $3077.68 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Associates DATED: April 8, 2005 By: 18938 Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esquire, verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unswom falsification to authorities. Dated: April 8, 2005 44 1. 7 r t 5 ?? ? .i +"t V SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01867 P r COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS FITZPATRICK BRET MICHAEL ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT FITZPATRICK BRET MICHAEL unable to locate Him in his bailiwick. He therefore returns COMPLAINT & NOTICE , , NOT FOUND the within named DEFENDANT FITZPATRICK BRET MICHAEL 343 WALTON STREET LEMOYNE, PA 17043 PER DEFENDANT'S MOTHER, HE HAS NOT LIVED AT GIVEN ADDRESS FOR 2 YEARS & SHE DOES NOT KNOW WHERE HE IS. Sheriff's Costs: So answers:----- > Docketing 18. 00 Service 10. 36 -,J Not Found 5. 00 R. Thomas Kline Surcharge 10. 00 Sheriff of Cumberland County .00 43. 36 KRZYWICKI & ASSOCIATES 04/20/2005 Sworn and subscribed to before me this day of D. rothonotary was as to KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney 1 D. 2 3 75 412 68 5 2 --------------------------- PPL Electric Utilities Corp Plaintiff Court of Common Pleas Cumberland County VS. Civil Action Bret Michael Fitzpatrick No. 05-1867 Horizon Satellites, Inc. Defendant(s) -------------------------------- 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: May 5, 2005 BY: KRZYWICKI & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2005-01867 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES VS FITZPATRICK BRET MICHAEL ET AL SGT. JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FITZPATRICK BRET MICHAEL the DEFENDANT , at 1250:00 HOURS, on the 23rd day of May , 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 1701 BRET FITZPATRICK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this dq'" day of ,LUJ A. D. r! _ ( a 0 h-t.et=e*- r thonotary So Answers: R. Thomas Kline 05/23/2005 KRZYWICKI & ASSOCIATES By; Sal ? 0 Deputy Sheriff PPL Electric Utilities Corp. Vs. Bret Michael Fitzpatrick 1. This is an action by Defendant, Bret Michael Fitzpatrick, to agree or dispute the complaints brought upon him in Count 1, PPL Electric Utilities Corp. vs. Bret Michael Fitzpatrick. Defendant will write in first person and be referred to as `I'. &. I agree that the following statement as written is true. 9. a. I disagree with the statement and as was told to the two (2) police officers at the scene of the accident, I was traveling at a speed no greater then twenty-five (25) mph. b. I disagree with this statement stating that I was not driving out of control. The road that I was driving on allowed for no marginal error. c. I disagree with this statement and note again that I was not driving out of control. I was completely aware of what was going on around me which allowed me to not roll my vehicle as was stated had happened two (2) days prior. d. I disagree with this statement and driving record will show that I am not a reckless or careless driver. My speed was appropriate, c. I disagree with this statement. I was in my own lane of travel. I never crossed into apposing traffic. f I disagree with this statement and as stated above and at the time of the accident, I was traveling at a speed no greater then twenty-five (25) mph. g. I disagree with this statement. I was alert and attentive at all times. The road left for no margin of error, however while sliding down the embankment, I kept my vehicle under as much control as possible. An PPL Electric Utilities Corp. Vs. Bret Michael Fitzpatrick accident two (2) days prior disrupted the normal embankment and created a rut that forced my vehicle to travel in a set direction. h. I disagree with this statement. I was the only person involved. No one was injured and the regard for the Plaintiff was not in my mischievous plan. As stated above, once I was over the embankment, the rut forced me into the pole. i. I agree with this statement only and in frill compliance with if the statement means that my vehicle left the roadway. j. I disagree with this statement. I operated my vehicle in a safe and professional way. I was professional and courteous in all manners of business that took part on this day. k. There is nothing to agree of disagree with on this account 10. I agree with this statement 11.1 agree with this statement 12. I disagree with this statement. It was not until I was served with the lawsuit that I knew anything about negligence of pay. PPL Electric Utilities Corp. never sent paper work or any other document that stated I was to pay for damages. There was no refusal on my part. I plead ignorance of this entire situation. The reason for insurance on the vehicle is to pay for accidents. 13. I would like to have in my possession, copies of all damages the plaintiff is claiming. PPL Electric Utilities Corp. Vs. Bret Michael Fitzpatrick 14. I ask of the court that the decision be found in my favor with respect for Horizon Entertainment. Si el} Bret Michael Fitzpatrick ° ? ? ? / ?.. ? ? 7, 7,, ?-' ?' ?? .J :^-- 3 l)? i^ ,t L y? ?' ? ?r y 'J n " , u- r ? - ? `? 2134PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Horizon Satellites, Inc. 295 Oakwood Drive Cedartown, GA 30125 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs Bret Michael Fitzpatrick Defendant Horizon Satellites, Inc. Defendant No. 05-1867-CIVIL TERM ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified t t a Judgment has been entered against you in the above proceedi nyJ'a-s ind; i-c at`e I?)bel Curtis R. Long (XX) Judgment by Default Prothonotary ( ) Money Judgment ) Judgment in Replevin ) Judgment for Possession ) Judgment on Award of Arbitration ) Judgment on Verdict ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 2134PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs Bret Michael Fitzpatrick Defendant Horizon Satellites, Inc. Defendant No. 05-1867-CIVIL TERM ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. Inc. Horizon Satellites Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, Inc. Horizon Satellites for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 3077.68 $ 3077.68 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. 2134PD 2. The true and correct address of the Defendant, Horizon Satellites, Inc., is 295 Oakwood Drive, Cedartown, Cedarwood County, GA 30125. Krzywicki 9.rfd Associates DATED: June 29, 2005 By: 49 N Bth Road P. 0. 5 New pe, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 Z C 34-M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Plaintiff VS. Bret Michael Fitzpatrick Horizon Satellites Inc. Defendant Civil Action - In Law No. 05-1867-Civil AFFIDAVIT OF CERTIFICATION OF MAILING STATE OF JERSEY SS. COUNTY OF HUNTERDON I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in Civil Action on Defendant, Horizon Satellites Inc., by certified mail (return receipt attached) on April 18, 2005. 1---) An on P, rz cki, Esq. A o ey or jifTaintif is and Associates 0. ox 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS Z/ DAY OF /'GYtC ,, l eGGO%/i?_ Notary Public MICHEI_iC PYATT ioTARY PURI..IC OF NEW JERSEY ^A'C C6MWSSION :_YPIRES JULY 9. 200 2134PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Uti sties Corp. Plaintiff vs Civil Action - In Law No. 05-1867-CIVIL TERM Bret Michael Fitzpatrick Defendant Horizon Satellites, Inc. Defendant ARBITRATION NOTICE TO: Horizon Satellites, Inc. 295 Oakwood Drive Cedartown, GA 30125 Date: June 3, 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. Rrzywi`cT i 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2134PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E ectric Utilities Corp. Plaintiff vs Horizon Satellites, Inc. Defendant(s) STATE OF NEW JERSEY COUNTY OF HUNTERDON SS. 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 first class mail on 06/29/2005. Atto ney for tiff, Krz icki d sociates P.O. 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS 2y DAY ?2 , -?S? OF ??n / c Civil Action - In Law No. 05-1867-CIVIL TERM AFFIDAVIT OF SERVICE MICHELLE PYATT NOTARY PUBLIC OF NEW JERSEY P,A-f COMMISSION EXPIRES JULY 9, 204 2134PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff VS Bret Michael Fitzpatrick Defendant Horizon Satellites, Inc. Defendant Civil Action - In Law No. 05-1867-CIVIL TERM ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Horizon Satellites, Inc., 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. Krzywicki/angt Associates DATED: June 29, 2005 By: 49 rth g oad P.O Bo 50 Ne e, 18938 215-862-43 0 Attorney for Plaintiff Attorney I.D. 23754 2134PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs Bret Michael Fitzpatrick Defendant Horizon Satellites, Inc. Defendant No. 05-1867-CIVIL TERM 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, Horizon Satellites, Inc., 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, Horizon Satellites, Inc., is more than 18 years of age and currently resides at 295 Oakwood Drive, Cedartown, GA 30125. 3. I have ascertained the above informa by personal investigation and make this affidavit with Oie uthority. Sworn to and subscribed before MICHELLE "AST NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9, 200 n?{ J_. l V d c 4`7 h? <-o ?n C t r Ut N T t_ is ?, n PPL F3eetric Utilities asp.. VS: B:et ILdiael F1tqmtridc IN THE COURT OF COMMON PLEAS OF CM4BERLAND COUNTY, PENNSYLVANIA N0. 05-1867 CIVIL 19 RULE 1312-1. The Petition for Appointment of arbitrators shall be substantially in the following form: PETITION FOR APP014YNENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: And-any P. Krzyda , counsel for the plaintiff/4@dbW4MM in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue• 2. The claim of the plaintiff in the action is $ 3077.68 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Pty P. Krzyaidci WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW 19 , in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. b p,? . J Ci PPL Electric Utilities Qtrp, VS. Bret r4wir Fitzpatrick IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1867 CIVIL 19 RULE 1312-1. The Petition for Appointment of arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Fnthay P. Plmy idki , counsel for the plaintif4/49ittodM in the above action (or actions), respectfully represents chat: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3077.68 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Path P. PTW icci WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, kg aS; in corsideratti?oGn of the '?- ) foregoing petition, Esq. Esq., and sq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the C , P. J. ?i c ? J w.? tt,?j `lam , Ell. 9- PPL Electric Utilities Gtrp•. vs: Bret Michel Fitzpatrick IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1867 CIVIL 19 RULE 1312-1. The Petition for Appointment of arbitrators shall be substancialiy in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: PndxxY P. Krzyacki counsel for the plaintiff/49,tW&W in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3077.68 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Antlrc, P. Krzyvadd WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, L ORDER OF COURT AND NOW, ??} did ?p? J Q P. aS, in consideration of the foregoing petition, ! 44J Esq., 'k6e Esq., and sq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the C , P. J. ? c J 4? . y1-Ofo e yU?J-. . nE S, Plaintif Mrz6?1rxel f117 (1-14 fi- t)(uZLIry',Sacr41i IP5 h( Defendant Law Firm Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ywi,thfli lity. Signature Signature Cl.?'C.. ? Vl, ?YA?? v ?,?CL.-v?1 S J?,n(?:? C Name (Chairman) Name Name Law Firm 35 I,N(G- 5T14,z0? Address 3 'ji r? I YICr7 S t Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. d yi? b 1 Civil Action - Law. (,c.fe,, eu550 Law Firm 33o-' Mtyh ,t?,. ail Address C7( 11,--, 0,??f Q 11Q)3I NleCiI?cst L /?%I) / 7Cs5 cemP City, Zip city, Lin City, Zip ?/ /,ate 5a Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 17E k -l b\0 it 4Gc1)Z)k d-1- .V{,emsrv.L + T 04V"t C CjLtt?17 r ris -tyPlYi-YY I 5 Date of Hearing: / 71 1 5 Date of Award: 12 d? 2 d"" ) 2 /1 C/DC/ ? . Arb'tr iss nts. (Insert name if applicable ?7 (Cha rnan) Notice of Entry of Award Now, the , a 1" day of 20 -1??, at o i , .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ `?- '6 By: 44; Prothonotary Deputy ii j ?` .w ?`? _ ? /^, t 6 y/?\ \ L, t? Y?` .} 4j ) ?-^ T' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ----_?__ __._.____-________7{ PPL ELECTRIC UTILITIES CORP., Plaintiff, Vs. BRET MICHAEL FITZPATRICK and HORIZON SATELLITES, INC., Defendants. ----------------------------------------------------X Date: 08/26!1006 Civil Action - In Law No. OS-1867 ARBITRATION PRAECIPE FOR JUDGMENT ON AWARD VS. DEFENDANT BRET MICHAEL FITZPATRICK To the Prothonotary: COUNTI PPL ELECTRIC UTILITIES CORP. VS. BRET MICHAEL FITZPATRICK Kindly enter Judgment on Award in favor of Plaintiff, PPL ELECTRIC UTILITIES CORP. and against Defendant BRET MICHAEL FITZPATRICK pursuant to Arbitration Award Number 05-1867 dated December 8, 2005, as follows: Amount Past Due: $2,172.18 TOTAL: $2,172.18 together with costs and interest from December 10, 2004. 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 Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant BRET MICHAEL FITZPATRICK is 343 Walton Street, Lemoyne, Pennsylvania, 17043. KRZYWICKI Dated: August 26, 2006 By: ?tQr?gan Road L O. 505 N ope, PA. 18938 (215) 862-4390 Attorney I.D. No. 23754 gee pMt G ;6t n-«k Nyw z?I? 5a'f?el?, ?'e5? c. Defendant in The Court of Common Pleas of Cumberland County, Pennsylvania No. 4 5 g-7- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office y'th lity. Signature signature Name Name Nam (Chairman) Law Firm 35 1 E, NtG-HS-r44? Address Law Firm 31 ( E nc? d7 St Address Pchf oCusso Law Firm Address au21)f" ?7vJ3 t ACChC.1it5? jt?/ Pll f X455 CAMP t 7LL, j?I /2i1 city, Zip City, ' City, zip w1;535 / x??d we, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) h N 2f1L' 41 name Date of Hearing: Date of Award: ) Z b Notice of Entry of Award Now, the _La day of r , 20a:?_, at 10 1 , -?-).M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $1- 90. r, ?21 / Prothonotary }3y' Deputy t- rl) IL X1.7 r is c? c d O T .--A s, Tf iT. {L -V ? c1 W + 1 k OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Curtis R Long, P'oltaalary TO: BRET MICHAEL FITZPATRICK 343 Walton Street Lemoyne, Pennsylvania 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA __---°---------__---------- X PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. BRET MICHAEL FITZPATRICK and HORIZON SATELLITES, INC., Defendants. Date: 08/2612006 Civil Action - In Law No. 05-1867 ARBITRATION You are hereby notified in accordance with Pennsylvania Supreme Court Rule 236 and that judgment has been entered on a: Final Order * ( ) Degree Nisi * ( ) Verdict * ( ) Viewers Report ( ) Default ( ) Assessment of Damages (?IX) Arbitration Award ( ) Money Judgment and entered to No. J.D. against BRET MICHAEL FITZPATRICK, Defendant, concerning Civil Suit No. 05- L[s o (o in the sum of $2,172.18, together with costs and 1867 ona/jQla interest from December 10, 2004. CURTIS R. LONG By: rothono IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esq. KRZYWICKI & ASSOCIATES 49 North Sugan Road P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action-In Law VS. NO.: 05-1867 BRET MICHAEL FITZPATRICK and HORIZON SATELLITIES, INC., Defendants. AFFIDAVIT OF JUDGMENT STATE OF PENNSYLVANIA SS. 44 4@_ _ V_'_ &_?? COUNTY OF 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, Allentown, PA 18101, Plaintiff, herein, and as such state the following: 1. The Judgment against Defendant, Bret Michael Fitzpatrick arose out of a vehicular collision in which he was the driver.. Esq. P. O. Beh?505 New Hope, PA 1893 PA ID# 23754 215-862-4390 SWORN TO AND Y, Public _0MM04WAL'141 OF iW-9* ??VM* N07AR?AL:,L.', Cetl lla *_ 5?, t o?Public C '\ . f .._ N t no // .<.+y ii??4y J. 1i?fLT YS .'i}?:Lf?; frJw4.?T'. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No.: 05-1867 Civil Term BRET MICHAEL FITZPATRICK and HORIZON SATELLITES, INC., Defendants. aTf)06 PRAECIPE TO uArV JUDGMENT ANZ? CASE TO THE PROTHONOTARY: Kindly mark the Judgment entered on against the defendants, satisfied and from the record upon payment of your costs only. KRZYWICKI & ASSOCIATES DATED: March 24, 2008 BY: Anthony P. Krz cki Attorney for P n P.O. Box 50 New Hope, PA 18938 (215)862-4390 Attorney I.D. 23754 loo Alk 1 0