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Home My WebLink About05-2252 In the Court of Common Pleas of Cumberland County, Pennsylv nia Metropolitan Edison Company Plaintiff vs. Civil Action - No. DS -~~.r~ In La C/~,L ~~ Doris J. Showaker Defendants 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, PENNSYLV AN A Metropolitan Edison Company Plaintiff vs. Civil Action - In Law l. No. oS' - ~~~~ C{'u~. -rffl-vr Doris J. Showaker Defendant COMPLAINT 1. This is an action by Plaintiff, Metropolitan Edison Company to recover dam ges from Defendant arising out of a vehicular collision which caused damage to property owne Plaintiff. 2. Metropolitan Edison Company is a Pennsylvania corporation duly organize 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 2800 Pottsville Pike, PO Box 16001, Rea ing, Pennsylvania 19612. 3. Defendant, Doris 1. Showaker, is an adult individual residing at 50 Fanus Ro d, Gardners, P A 17324. 4. At all times relevant hereto, Plaintiff was engaged in the business ofproducin , furnishing, supplying and distributing utility service to persons and businesses who requeste utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. ~ COUNT I Metropolitan Edison Companv vs. Doris J. Showaker 5. Defendant, Doris 1. Showaker 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; 1) 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 posi ion of the plaintiff; i) operated the vehicle in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles n 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 Ime of trial. 7. Defendant struck and damaged a pole and wires owned and operated by Metropolitan Edison Company at the vicinity of Frost Road, South Middleton Township, A on or about September 12,2003. 8. Defendant's actions or inaction as set forth above are the proximate cause 0 the damages as set for above and herein. 9. Plaintiff made demand on Defendant to repay the sums then due and owing 0 Plaintiff, but Defendant has refused to pay Plaintiff. 10. Plaintiff has been damaged in the amount of $6419.42 plus costs and attorn s fees. WHEREFORE, Plaintiff Metropolitan Edison Company, demands judgment agains the Defendant in an amount of $6419.42 together with costs, prejudgment and post judgment interest, attorney's fees and delay damages as the law may allow. Respectfully submitted, Krzywicki and Associates By: DATED: April 25, 2005 , . VERIFICA nON Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esquire, verify that I am the a torney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not availab e within the time for serving the foregoing to provide their verification; that I am sufficientl familiar with the facts set forth in the foregoing Pleading to take this verification; and that facts are true and correct to the best of my knowledge, information and belief, based upon company's business records and matters of public record. I understand that the statements erem are made subject to the penalties of 18 Pa. Consol. Stat. Ann. 94904 relating to unsworn falsification to authorities. Dated: April 25, 2005 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METROPOLITAN EDISON COMPANY VS SHOWAKER DORIS J CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHOWAKER DORIS J the DEFENDANT , at 1300:00 HOURS, on the 5th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE , 2005 CARLISLE, PA 17013 by handing to DORIS J SHOWAKER 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 Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 .....~ ."./ ~/A':' ~ "'~~ .J"'- ;t:?'~.& r ;', ,..;.~.""=~,,,,- ~- R. Thomas Kline 05/05/2005 KRZYWICKI & -- Sworn and Subscribed to before By: me this q'!:: day of 'JI1</oAj J. {j,o .: A. D . i -i;.,'jI" 0 ~.'-' ~ - IP othonotary . KRZYWICKI & ASSOCIATES Anthony P Krzywicki, Esquire Po. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney fD 23754/26852 ---------------------------------- Metropolitan Edison Company Plaintiff Court of Common Pleas Cumberland County Civil Action No, vs, 05-2252 CV Doris J. Showaker Defendant ---------------------------------- PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach this verification to Plaintiff's complaint filed with your office on May 2, 2005, KRZYWICKI & ASSOCIATES DATED: May 25, 2005 . ' VERIFICATION I, LINDA WARNER, being duly sworn according to law, depose and say that I am an Advanced Administrative Assistant - Claims for Metropolitan Edison Company, a FirstEnergy company, Plaintiff in the foregoing action, that I am authorized to execute this Verification on behalf of Metropolitan Edison Company, and that this Complaint is based upon information that has been provided to our outside counselor information that has been obtained by our outside counsel in the preparation of the initiation of this lawsuit. The language of the Complaint is that of counsel and not of the undersigned. I have read the Complaint and, to the extent that the information contained therein is based upon information given to our outside counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of outside counsel, I have relied upon outside counsel in executing this Verification. It is further understood that all statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~(\tl- t\(?,,~_ LINDA WARNER Advanced Administrative Assistant - Claims Metropolitan Edison Company, A FirstEnergy Company Date: May 19, 2005 --- ..-' ,....::." '" " en ,-') ~,'1, ::-J ','-;1 ~1 (.J .. - 05HB-00062 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DORIS J. SHOW AKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Metropolitan Edison Company, ase No.: 05-2252 Civil Term Plaintiff vs. URY TRIAL DEMANDED Doris J. Showaker, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Doris 1. Showaker. Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES By: Jo Attorney fo Defendant, Doris J. Showaker Identification No. 55453 Date: May 27, 2005 05HB-00062 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DORIS J. SHOW AKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Metropolitan Edison Company, ase No.: 05-2252 Civil Term Plaintiff vs. Y TRIAL DEMANDED Doris J. Showaker, Defendant ERTIFICATE OF ERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy ofthe attached Entry of Appearance to be served by regular first class mail upon: Anthony P. Krzywicki, Esquire Krzywicki and Associates P.O. Box 505 New Hope, PA 18938 Date: May 27,2005 e fendant, Doris J. Showaker - ~ ~ ~ ~ ~..... ,~. <- ~~~ ~, c::; 'Ol~,:. \:1}tL,. ~L 1, ~~ if~l -:r:. ~ 1't. ..., ~~ LC -:;s:. t5 ~% ~ ~ =:l. U> II 05HB-00062 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Metropolitan Edison Company, ase No.: 05-2252 Civil Term Plaintiff vs. URY TRIAL DEMANDED Doris J. Showaker, Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: eo/a4/ oS I , o ~.; ,'" ..< ....., = <= "" (- c: .- ~ ::;:1...-; nl- -oF.; 39 ~.:::fQ '-...,1 ::)_.~ ;-:::~ ~~ .". ~ U1 -u :J;: - .. U1