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HomeMy WebLinkAbout14-6781 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Ci it Cover t Docket No: C gland' ��' 0 �t� County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service o leadin s or other papers as required by law or rules of court. Commencement of Action: S © Complaint ❑ Writ of Summons ❑ Petition ❑ E Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T PPL Electric Utilities Corporation Jamie E. Forrey I Are money damages requested? ❑✓ Yes ❑ No Dollar Amount Requested: ❑✓within arbitration limits 0 (check one) []outside arbitration limits N Is this a Class Action Suit? ❑Yes ❑✓ 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 1Pro Se] Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection:Credit Card ❑ Board of Assessment ❑✓ Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections Nuisance Dept.of Transportation S Premises Liability e Statutory Appeal:Other Product Liability(does not include ❑ E mass tort) Employment Dispute: C 8 Slander/Libel/Defamation Discrimination Other: ❑Employment Dispute:Other ❑ Zoning Board 'I' ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment E]Common Law/Statutory Arbitration B eEminent Domain/Condemnation ❑Declaratory Judgment Ground Rent a Mandamus ❑Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY HMortgage Foreclosure:Commercial Quo Warranto ❑ Dental ❑ Partition Replevin ❑ Legal ❑Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATII�ON bb JAMIE E. FORREY, Defendant. 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 CD Complaint or for any other claim or relief M c_s' ..TI --i requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER tet_ C: 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 = 77 CD YOU CAN GET LEGAL HELP. - . D J � > CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 S wti-� f oL IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATION JAMIE E. FORREY, Defendant. 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, JAMIE E. FORREY, is an adult individual residing at 100 Wertz Run Road, Carlisle, Pennsylvania, 17013. 4. 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. u • 4 COUNT PPL ELECTRIC UTILITIES CORPORATION VS. JAMIE E. FORREY 5. Defendant, JAMIE E. FORREY, while operating a vehicle, damaged property owned by Plaintiff. 6. 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. 7. Defendant, on or about August 6, 2013, struck and damaged a CenturyLink utility pole, damaging overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Centerville Road, West Pennsboro Township, Cumberland County, Pennsylvania. 8. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 9. 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$13,060.78, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$13,060.78, including costs,prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & CIATES,P.C. DATED: November 18, 2014\ By: Anthony P. wic s - e Atto .O. Box New Hope, PA 18 8 (215) 862-4390 PA Attorney ID No. 23754 A 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: November 18, 2014 ONY WI I, ESQUIRE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PROTHONO niti DEC -4 Ail 9: 57 of F 4E OF THE SMSRIrr CUMt_LRLAND COUNTY PENNSYLVANIA PPL Electric Utilities Corporation vs. Jamie Forrey Case Number 2014-6781 SHERIFF'S RETURN OF SERVICE 11/24/2014 05:26 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Chasity Forrey,Wife, who accepted as "Adult Person in Charge" for Jamie Forrey at 100 Wertz Run Road, North Middleton, Carlisle, PA 17013. CHRIST C HER SHARPE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, November 25, 2014 - RONNY R ANDERSON, SHERIFF ic) CountySuite Sheriff, Teleosoft, h,c. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, vs. JAMIE E. FORREY, Civil Action - In Law Plaintiff, No. 14-6781 Civil Defendant. ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendant, without prejudice upon payment of your costs only. DATED: December 29, 2014 BY: KRZYWICKI & ox 505 New Hope, x'18938 (215) 862-4390 Attorney I.D. 23754