HomeMy WebLinkAbout05-4370In the Court of Common Pleas of Cumberland County, Pennsylvania
PPL Electric Utilities Corp.
Plaintiff Civil Action - In Law
VS. No. (s- 423 16 ULL
Edward R. Smith
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, PENNSYLVANIA
PPL Electric Utilities Corp.
Plaintiff Civil Action - In Law /
VS. No. U S - 11S,2 1) ( lu (- l l
Edward R. Smith
Defendant
ARBITRATION
COMPLAINT
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, Edward R. Smith, is an adult individual with a mailing address of PO
Box 5941, Gulf Shores, AL 36547.
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 Corp. vs. Edward R. Smith
Defendant, Edward R. Smith, 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;
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.
Defendant struck and damaged a utility pole and wires owned and operated by
PPL Electric Utilities Corp., at the vicinity of 2212 Newville Road, Carlisle, PA on or about
September 6, 2003.
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 $2908.08 including costs and
attorneys fees.
WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the
Defendant in an amount of $2908.08 together with costs, prejudgment and post judgment
interest, attorney's fees, punitive damages and delay damages as the law may allow.
Associates
DATED: August 22, 2005
By:
Any P. Krz ki
POB 505, New Hope, 18938
215-862-4390
Attorney for Plaintiff
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 unsworn
falsification to authorities.
Dated: August 22, 2005
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP.,
Plaintiff,
vs.
EDWARD R. SMITH,
Civil Action In-Law
No. 05-4370
AFFIDAVIT OF
SERVICE BY MAIL
Defendant.
STATE OF )
ss.:
COUNTY OF ? )
ANTHONY P. KRZYWICKI, an attorney duly admitted to practice law before the Courts
of the State of Pennsylvania, being duly sworn, deposes and says:
1. That I am the attorney for PPL ELECTRIC UTILITIES CORP., the Plaintiff in the
above-entitled action.
2. That on the 31 " day of August, 2005, your Affiant served a true copy of the
Complaint filed under Civil Action number 05-4370, upon Defendant EDWARD R. SMITH at
P.O. Box 5941, Gulf Shores, AL. 36547, by Certified Mail, Return Receipt Requested, and by
regular mail, with Certificate of Mailing on the 26s' day of October, 2005, by placing said
envelopes under the exclusive care and custody of the United States Postal Service. Copies of
the U.S. Postal Service Certified Mail receipts and envelope marked "Complaint Returned" and
Certificate of Mailing receipts are annexed hereto, .
3. That the envelope forward to Defendant via Certified Mail was returned to your
Affiant, and marked "unclaimed'.
4. That the envelope forwarded to Defendant by regular mail with Certificate of
Mailing was not returned to your Affiant.
That your Affiant believes that Defendant's address to be the true and correct
address where his mail is delivered.
WHEREFORE, it is respectfully requested that this Court accepts this Affidavit as proof
of service upon Defendant EDWARD R. SMITH and a Default Judgment may be entered against
Defendant in favor of Plaintiff PPL ELECTRIC UTILITIES CORP.
Sworn to before me this
21st day of March, 2006
NOT Y PUBLIC OF NEW JE SEY
MARY ANN FRENCH
My Comm. Expires: Oct. 12, 2010
New Hope, PA. 18938
(215) 862-4390
Attorney I.D. 23754
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P.O. Box 505
New Hope, PA 18938 -
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
PPL E ectric Utilities Corp.
Plaintiff
Civil Action - In Law
vs
Edward R. Smith
Defendant
No. 05-437®
ARBITRATION
PRAECIPE FOR JUDGMENT AGAINST
DEFENDANT FOR FAILURE TO PLEA
To the Prothonotary:
COUNT 1
PPL Electric Util es Corp. vs.
Edward R. Smith
Kindly enter default judgment in favor of Plaintiff, PPL
Electric Utilities Corp. and against Defendant, Edward R. Smith for
failure to plead to Plaintiff's Complaint as follows:
Amount Past Due:
TOTAL
$ 2908.08
$ 2908.08
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.
217HPn
2. The true and correct address of the Defendant, Edward R.
Smith, is PO Box 5941, Gulf Shores, Cumberland County, AL 36547.
Krzywicki andkg?ociates
DATED: January 18, 2006 By:
49 Nort S Road
P.O. Be New Hope, A 18938
215-862-4390
Attorney for Plaintiff
Attorney I.D. 23754
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA
Y
PPL ELECTRIC UTILITIES CORP.-
Civil Action In-Law
Plaintiff, No. 05 4370
V`
EDWARD R SMITH.
Defendant.
X
STATE OF /?l?lU 1
C!?i. YTY OF
AFFIDAVIT OF
SERVICE BY MAIL
ANTHONY P. KRZYWICKL an attorney duly admitted to practice law before the Courts
of the State of Pennsylvania, being duly sworn, deposes and says:
That I am the attorney for PPL ELECTRIC UTILITIES CORP_, the Plaintiff in the
above-entitled action
2 That on the 3 1" dac of August, 200. ? our AYFiant served a true cope of the
Complaint filed under Civil Action number 05-4370,upon Defendant EDWARD R_ SMITH at
P.O. Box 3041, Gulf Shores, AL. 36547, bN Certified Mail, Return Receipt Requested_ and b%
regular mail- with Certificate of Mailing on the 26°i day of October, 2003, bN. placing said
envelopes under the exclusive care and custodc of the United States Postal Service. Copies of
the U. S_ Postal Service Certified Mail receipts and envelope marked-Complaint Rettuned- and
Certificate of Mailing receipts are annexed hereto. .
3 That the envelope forward to Defendant via Certified Mail was returned to your
Af iant, and marked "unclaimed'_
4. That the envelope forwarded to Defendant by regular mail with Certificate of
Mailing. was not returned to your Aftiant.
That your Affiant believes that Defendant's address to be the true and correct
address N0ere his mail is delivered
WHEREFORE, it is respectfully requested that this Court accepts this Affidavit as proof
of service upon Defendant EDWARD R. SMITH and a Default Judgment may be entered against
Defendant in taeor of Plaintih_ PPL ELECTRIC UTILITIES CORP
ANTHONY P_,KRZI-XA'ICKL ESQ
KFZYy\-ICk.k :\SSOCIATES
P O B<rx joh
NeNti Hone, P.A. 13938
(21 i S"K-4 39ii
AItornev" I.D. --3 i 74
Sworn to before me this
21st dac of March- 2006
NOT.A,LY PUBLIC OF NEW JERSEY
MARY ANN FRENCH
My Comm. Expires: Oct. 12, 2010
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
PPL Electric Uti sties Corp.
Plaintiff
Civil Action - In Law
vs
Edward R. Smith
Defendant
No. 05-437®
ARBITRATION
The undersigned hereby certifies that written notice of intention to
file a praecipe for entry of judgment by default against the
defendant, Edward R. Smith, 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 eKd/Assop,4ates
DATED: January 18, 2006 By:
49 Norn Suga6YRoad
P.O. Box 505
New Hope, PA 18938
215-862-4390
Attorney for Plaintiff
Attorney I.D. 23754
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP., Civil Action - In Law
No. 05-4370
Plaintiff,
vs.
EDWARD R. SMITH,
Defendant(s).
NOTICE
TO: EDWARD R. SMITH
P.O. Box 5941
Gulf Shores, AL. 36547
DATE: December 15, 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
(717) 249-3166
(800) 990-9108
& ASSOCIATES
--kn-thony P. Krzywicki, Esq.
P.O. Box 505
New Hope, PA. 18938
(215) 862-4390
Attorney I.D. 23754
2178PD
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
PPL Electric Utilities Corp.
Plaintiff
Civil Action - In Law
vs
Edward R. Smith
Defendant
No. 05-437®
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, Edward R. Smith, 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, Edward R. Smith, is more than 18 years of
age and currently resides at PO Box 5941, Gulf Shores, AL 36547.
3. I have ascertained the above infcrmati by personal
investigation and make this affidavit with duhority.
Sworn to and subscribed before
me this 18 day of January 2006
A
i-
MARY ANN FRENCH
My COmm. Expires: Oct. 12, 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP.,
Civil Action - In Law
Plaintiff, No. 05-4370
EDWARD R. SMITH,
vs.
Defendant.
AFFIDAVIT OF SERVICE
STATE OF NEW JERSEY )
ss.:
COUNTY OF HUNTERDON )
ARBITRATION
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, under the exclusive care and custody of the United
States Postal Service on December 15, 2005.
Sworn to and subscribed before me
this 18th day of January 2006.
OTARY PUBLIC
MARY ANN FRENCH
My Comm. Expires: Oct. 12, 20710
KRZYWICKI & ASSOCIATES
P.O. Box 505
New Hope, PA. 18938
PA ID #23754
(215) 862-4390
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OFFICE OF THE PROTHONOTARY
COURT ^E _--
TO: Edward R. Smith
PO Box 5941
Gulf Shores, AL 36547
In the Court of Common Fleas of CUMBERLAND County, Pennsylvania
PPL Electric utilities Corp.
Plaintiff (Civil Action - In Law
VS !'c. C5-4370
Edward R. Smith
Defendant ARBITRATION
NOTICE
(XX) Judgment
Money Ju
Judgment
i Judgment
Judgment
Judgment
Judgment
Curtis R. Lona
by Default Prothonotary
figment
in Replevin
for Possession
on Award of Arbitration
on Verdict
on C--.-art ,'inoinQs
IF YOU HAVE ANY QUESTIONS CONCERX:I'G T_::S NOTICE, PLEASE CALL
ATTORNEY FOR THE FILING PARTY:
Anthonv P. Krzywicki
Krzywicki and Associates
49 North Suuan Road
F.O. Box 505
New Hope, PA 8938
215-362-4390
Attorney I.D. No.23754
R
r
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP.,
Plaintiff, Civil Action - In Law
VS. No. 05-4370
EDWARD R. SMITH, ARBITRATION
Defendants.
AFFIDAVIT OF MOTOR VEHICLE JUDGMENT
STATE OF PENNSYLVANIA)
ss.:
COUNTY OF BUCKS )
I, ANTHONY P. KRZYWICK,I; Attorney for Plai
caption is due to a motor vehicle accident. /
P.
P.O. Box 505
New Hope, PA. 18938
(215) 862-4390
PA Attorney ID #23754
Sworn to and subscribed before me
this eday of , 2008.
NOTARY PUBLIC
NOTARIAL SEAL
RITA R MELVIN
Notary Public
WARRINGTON TWR BUCKS COUNTY
My Commission Expires Mar 2, 2011
that the above referenced
Y-?
is
Lot?s
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
PPL ELECTRIC UTILITIES CORP. :
Plaintiff, :
vs.
EDWARD R. SMITH,
Defendant.
Civil Action -In Law
No. 05-4370
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
c7 ??
?'n
;f yry
- ;
"
Kindly mark the Judgment entered on against the Defendant, satisfied and from the record upon
payment of your costs only.
DATED: December 30, 2009
nC? ?? < a
? ?GyCO
KRZYWICKI & ASSOCIATES, P.C.
BY:
A P. Krzy,wic Esq w e -
Attorney for tiff
P.O. Box 5
New Hope, PA 18938
(215) 862-4390
Attorney I.D. 23754