HomeMy WebLinkAbout05-5057
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
John 1. Shearburn, Esquire
P.O Box 505
New Hope, PA 18938
215-862-4390
Attorneysfor Plaintiff
Attorney ID 23754/26852
PPL Electric Utilities Corp.
Plaintiff
Court of Common Pleas
Cumberland County
vs.
05-5057 Civil Term
Benjamin Jackson
Defendant(s)
JUDGMENT BY STIPULATION
TO THE Prothonotary:
Kindly enter judgment in favor of the plaintiff, PPL Electric
Utilities Corp., and against the defendant (s), Benjamin Jackson,
in the amount of $8,238.47, together with interest at the tariff
rate from this date forward.
DATED:
October 7, 2005
~~
12 Marshall Drive, Apt. 16
Camp Hill, PA 17011
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In the Court of Common Pleas of Cumberland County, Pennsylvania
PPL Electric Utilities Corp.
Plaintiff
vs.
Civil Action - In Law
No. 05 -~()S1 C. C~
lut 18
Benjamin Jackson
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
vs.
Civil Action - In Law
No. O(r" 5l>.:j~7 C(;;d ~
Benjamin Jackson
Defendant
ARBITRA nON
COMPLAINT
1. 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, Benjamin Jackson, is an adult individual residing at 12 Marshall
Drive, Apt. 16 Camp Hill, PAl 70 II.
4. 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 I
PPL Electric Utilities Corp. vs. Beniamin Jackson
5. Defendant, Benjamin Jackson, 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.
7. Defendant struck and damaged a utility pole and wires owned and operated by
PPL Electric Utilities Corp., at the vicinity of 3900 Industrial Road, Harrisburg, Dauphin County,
PA on or about September 28,2003. .
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 $8,238.47 including costs and
attorneys fees.
WHEREFORE, Plaintiff PPL Electric Utilities Corp. demands judgment against the
Defendant in an amount of$8,238.47 including costs, prejudgment and post judgment interest,
attorney's fees, punitive damages and delay damages as the law may allow.
Respectfully submitted,
Krzywicki and Associates
By:
DATED: September 15,2005
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. Conso!. Stat. Ann. ~ 4904 relating to unsworn
falsification to authorities.
Dated: September 15,2005
70
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