The URL can be used to link to this page

Home My WebLink About05-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs. Civil Action - In Law '---- No. OS -.31 (,"-' C" /' I tUl\.. 'VL~ Avon C. Quiero a/k/a Avon C. Quiero, Agnes Quiero Defendants Jr. 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, PENNSYL VANIA PPL Electric Utilities Corp. Plaintiff vs. Civil Action - In Law No. Avon e. Quiero, a/k1a Avon C. Quiero. Jr. Agnes Quiero Defendants COMPLAINT I. 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, P A 18101. 3. Defendant, Avon e. Quiero, a/k1a Avon e. Quiero, Jr., is an adult individual residing at 2004 Lenox Street, Camp Hill. Schuylkill County, Pennsylvania 170 II. 4. Defendant, Agnes Quiero, is an adult individual residing at 2004 Lenox Street, Camp Hill. Schuylkill County, Pennsylvania, 170 II. 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. COUNT! PPL Electric Utilities Corp. vs. Avon e. Ouiero a/k/a Avon e. Ouiero, Jr. 8. Defendant, Avon Co Quiero a/k/a Avon e. Quiero, Jr. 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 Homesville Road, Butler Township, Schuylkill County, Pennsylvania on or about August 31. 2004. II. 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 $7797.88 plus costs and attorneys fees. WHEREFORE, PlaintiffPPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $7797.88 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 Corn. vs. Agnes Ouiero 14. Paragraphs I through 13 are incorporated as referenced as if fully set forth herein. 15. At all time relevant hereto, defendant, Agnes Quiero, was the owner of the vehicle driven by defendant Avon C. Quiero. Jr. that hit the active utility pole and overhead facilities. 16. At the time of the aforesaid accident, Defendant, Agnes Quiero was responsible for the actions of her agent. Avon C. Quiero a/k/a Avon e. Quiero, Jr. 17. The aforementioned damages were the direct and proximate result of the negligence of defendant, Agnes Quiero, 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, Avon C. Quiero a/kJa Avon C. Quiero, Jr. b) negligently and carelessly failing to properly and adequately supervise and/or train defendant, Avon C. Quiero a/k1a Avon e. Quiero, Jr., 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; t) otherwise failing to exercise reasonable care under the circumstances. 18. As a direct and proximate result of the negligence of defendant, Agnes Quiero, plaintiff sustained damages as described above. 19. Plaintiff has been damaged in the amount of$7797.88. WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the Defendant in an amount of $7797.88 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. DATED: June 7, 2005 Respect~mitted, K Icki a~i Associates / ./0/--; /---/ /'..---- -'" /'...,/' VERIFICATION Pursuant to Rule 1024 (c), t Anthony P. Krzywicki, Esquire, verify that 1 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. S 4904 relating to unsworn falsification to authorities. Dated: June 7. 2005 ~ // / Ant C) ...., 0 c;::r i9. ~~-. ""0 -n G p "-" ~ <n. (- .... ~ c- ::r:.,., U"t rnp 1') :r~8 -.,' , V( c:> 90 ..._1.-.... C> -n d:".,1 - -- t~~(") - -t::. ::Srn ~ ..() -J -. -.. -.-t ~ " > -0 ,,'] C) :.D r- -<. .< ~ ~ J SHERIFF'S RETURN - REGULAR CASE NO: 2005-03166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS QUIERO AVON C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QUIERO AVON C AKA AVON C QUIERO JR the DEFENDANT , at 1502:00 HOURS, on the 29th day of June , 2005 at 3309 MARKET STREET CAMP HILL, PA 17011 by handing to AGNES QUIERO, WIFE 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 10.36 .00 10.00 .00 38.36 '/'" V//: rg~r_""'~c:~~ R. Thomas Kline 06/30/2005 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: K- bJ-2 De~ Sheriff me this I;.'!:: day of C+:'1-) ;t,~:O-~ n, "b, : ,;., rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS QUIERO AVON C ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QUIERO AGNES the DEFENDANT , at 1502:00 HOURS, on the 29th day of June , 2005 at 3309 MARKET STREET CAMP HILL, PA 17011 by handing to AGNES QUIERO 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: 6.00 .00 .00 10.00 .00 16.00 .,1 .~ "":J=l''''r',,~~.p ~:?? /;;'~\:<~<-~-'''.'''~.:;:'>.:...... /~-+ /' .._,;;;::,f..--.....;..r- R. Thomas Kline 06/30/2005 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: (~Sher~2 me this /.k I!<- day of Q.r,,:_ Jrw{ A.D. C) L<-O~ ~ ~rothonotary VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3166 PPL ELECTRIC UTILITIES CORP.. Plaintiff AVON C. QUIERO a/kJa AVON C. QUIERO, JR and AGNES QUIERO, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Avon C. Quiero a/kJa Avon C. Quiero, Jr. and Agnes Quiero, with regard to the above- captioned matter. Respectfully submitted, NEALON GOVER & PERRY 7~(or By1J~ Michael S. Ferguson, Esquire 1.0. # 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: CERTIFICATE OF SERVICI;, AND NOW, this A day of July, 2005, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE 011 the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Anthony P. Krzywicki, Esquire KRZYWICKI AND ASSOCIATES P. O. Box 505 New Hope. PA 18938 1IJMj~ -r Michael S. Ferg?son, Esquire ~, n c' '~<".'''-,,..~,~';'' t'l~mJm.. : !i~.Jl!liJh![;['j;>Jt!i1~;,(jju~~~(~,""H"",_.~...~_.'_'00. ~,~". .~ ,,"._~. ...., ...:;:;.) C-:;:l u, ,- C~:: r-"~ ro.' G' o "II -.4 ..,.. fie; :;;g -,-,h-' ~{I.(T ,--'\ T ~:.:'.:C) ---' -r; ~::-) :J) ,,,l'J "..::(11 ;.::'\ ~D .< "oJ eJl c.J"; .....--.... . KRZYWICKI & ASSOCIATES Anthony Y Krzywicki, Esquire John L. Shearburn. Esquire yo. Box 505 New Hope, PA 18938 (215)862-4390 Attorneyfor Plaintiff' Attorney ID. 23754/26852 PPL Electric Utilities Corp. Plaintiff vs. Court of Common Pleas Cumberland County civil Action No. Avon C. Quiero, Anges Quiero a/k/a Avon C. Quiero, Jr. 05-3166-Civil Term Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued, and ended, for the defendants without prejudice, upon payment of your costs only. BY: DATED: July 8, 2005 ~l ~A cr. I -' ,_... c::? --