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HomeMy WebLinkAbout14-5755 Sup><eme•Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland / 5�J r`l¢o• County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: PPL Electric Utilities Corporation Jason M. Heindel T I Are money damages requested? 0 Yes ❑ No Dollar Amount Requested: ewithin arbitration limits (check one) []outside arbitration limits N Is this a Class Action Shit`' ❑Yes 0 No Is this an MDJAppeal? ❑ Yes © No A Name of Plaintiff/Appellant's Attorney: Anthony P. Krzywicki, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. 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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action- In Law Plaintiff, No. I y - 5155 (211 v r vs. ARBITRATION JASON M. HEINDEL and REPUBLIC SERVICES OF PENNSYLVANIA, LLC d/b/a: REPUBLIC SERVICES OF YORK, Defendants. COMPLAINT NOTICE C? You have been sued in Court. If you wish to defend against the claims set forth in the followingCD - pages, you must take action within twenty (20) days � -) after this Complaint and Notice are served by entering a written appearance personally, or by r, C:) attorney, and filing, in writing with the Court, your defenses or objections to the claims set forth r, against you. You are WARNED THAT IF YOU FAIL TO DO C) 77 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 32 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 j a Its -7 � f � IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATION JASON M. HEINDEL and REPUBLIC SERVICES OF PENNSYLVANIA, LLC d/b/a: REPUBLIC SERVICES OF YORK, : Defendants. COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 2. PPL ELECTRIC UTILITIES CORPORATION is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, Pennsylvania, 18101. 3. Defendant, JASON M. HEINDEL, is an adult individual residing at 217 Bellevue Road, Red Lion, Pennsylvania, 17356. 4. Defendant, REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK, is a Delaware corporation with a place of business at 3730 Sandhurst Drive, York, Pennsylvania, 17406. 5. At all times relevant hereto, Plaintiff was engaged in the business of furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. COUNT PPL ELECTRIC UTILITIES CORPORATION VS. JASON M. HEINDEL 6. Defendant, JASON M. HEINDEL, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said vehicle and/or equipment under proper and adequate control; C) failed to keep a proper lookout; d) operated said vehicle and/or equipment in a reckless and careless manner; e) failed to keep vehicle and/or equipment in the proper lane of travel; f) failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle and/or equipment without due regard for the rights, safety and position of the plaintiff; i) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment on public streets, highways and roadways; j) being negligent at the law; and k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 8. Defendant, on or about April 30, 2013, struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 1412 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 9. Defendant's actions or inactions as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of$11,446.52, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$11,446.52, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK, was the owner of the vehicle driven by Defendant, JASON M. HEINDEL, that hit the an active utility pole and overhead facilities. 14. Defendant, REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK, is vicariously responsible for the actions of its employee, agent, and representative, JASON M. HEINDEL. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK, 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, JASON M. HEINDEL; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, JASON M. HEINDEL, 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 • v f) otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant, REPUBLIC SERVICES OF PENNSYLVANIA, LLC D/B/A REPUBLIC SERVICES OF YORK, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of$11,446.52, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$1.1,446.52, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, ;Hope, IC OCIATES,P.C. DATED: September 29, 2014 By P wick* ire 5 189 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 r e � VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZywICKI,ESQUIRE, verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. KRZYWICKI&ASSOCIATES, P.C. DATED: September 29, 2014 NTHON Y , ESQUIRE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 14-5755 Civil vs. ARBITRATION JASON M. HEINDEL and REPUBLIC SERVICES OF PENNSYLVANIA, LLC d/b/a: REPUBLIC SERVICES OF YORK, Defendants. PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. DATED: October 30, 2014 BY: KRZYWICKI : • SSOCIATES, P.C. A P.O. Box 5 New Hope, PA 18 (215) 862-439 Attorney I.D. 23754 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY D -(i P: PROTHO 411 T 2014 NOV -14 M410: 14i - CUMBERLAND CUMBERLAND COUNTY PENNSYLVANIA PPL Electric Utilities Corporation vs. Jason M Heindel (et al.) Case Number 2014-5755 SHERIFF'S RETURN OF SERVICE 10/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jason M Heindel, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 10/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Republic Services of Pennsylvania, LLC d/b/a Replublic Servies of York, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 10/07/2014 The Sheriff of York County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Republic Services of Pennsylvania, LLC d/b/a Replublic Servies of York, but was unable to locate the Defendant in his bailiwick. The York County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 3703 Sandhurst Drive, York, PA 17406. Service was refused, Karen Sprenkle, Collection agent advised deputies that service must be made to the businesses registerted agent, CT Corporation Services at 116 Pine Street, Suite 320, Harrisburg, PA 17101. 10/08/2014 03:05 PM - The requested Complaint & Notice served by the Sheriff of York County upon Jason M Heindel, personally, at 217 Bellevue Road, Red Lion, PA 17356. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, October 30, 2014 RONI�R ANDERSON, SHERIFF (t) CountySui to Sheriff, Teie-°soft, nc SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber � �'s a�� PETER J. MANGAN, ESQ. Sheriff Solicitor Michael S. Hose Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration PPL ELECTRIC UTILITIES CORPORATION vs. JASON M. HEINDEL (et al.) Case Number 14-5755 CIVIL SHERIFF'S RETURN OF SERVICE 10/07/2014 SHERIFF RICHARD P KEUERLEBER, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: REPUBLIC SERVICES OF PENNSYLVANIA, LLC DBA REPUBLIC SERVICES OF YORK, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN CIVIL ACTION (CICA) AS "NOT SERVED" AT 3730 SANDHURST DRIVE, YORK, PA 17406. SERVICE WAS REFUSED AT THIS ADDRESS, PER KAREN SPRENKLE-COLLECTION AGENT, ALL PAPERWORK MUST BE SERVED AT CORPORATE ADDRESS: CT CORPORATION SYSTEM 116 PINE ST. STE 320, HARRISBURG, PA 17101. 10/08/2014 03:05 PM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JASON M. HEINDEL AT 217 BELLEVUE ROAD, RED LION, PA 17356. p TAYLOR ECK, DEPUTY SHERIFF COST: $62.16 SO ANSWERS, October 24, 2014 RICHARD P EUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County MMEMBER, ECommission 1, PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY Affirmed and subscribed to before me this 24TH day of OCTOBER 2014 (c) CountySuite Sheriff. Teleosof, Inc.