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Home My WebLink About05-59484. j In the Court of Common Pleas of Cumberland County, Pennsylvania METROPOLITAN EDISON COMPANY, Plaintiff, VS. Civil Action - In Law No. --JOHN DOE'' and ADAM GOODLING, 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 METROPOLITAN EDISON COMPANY, Plaintiff Civil Action - In Law t-? vs. No. OS -, 'yq Ot c?rL??JZ \ "JOHN DOE" and ADAM GOODLING, ARBITRATION Defendant COMPLAINT This is an action by Plaintiff, METROPOLITAN EDISON COMPANY to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. METROPOLITAN EDISON COMPANY 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 2800 Pottsville Pike, Reading, PA 19605. 3. Defendant, "JOHN DOE" is an adult individual whose present whereabouts are unknown. 4. Defendant, ADAM GOODLING, is an adult individual residing at 922 Pine Road, Carlisle, PA., 17013-9373. 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 METROPOLITAN EDISON COMPANY VS. "JOHN DOE" Defendant, "JOHN DOE" while operating a vehicle, collided with, and damaged property owned by Plaintiff. 7. 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. Defendant struck and damaged a utility pole owned and operated by METROPOLITAN EDISON COMPANY, at the vicinity of 1705 Walnut Bottom Road, Dickinson Twp., Cumberland County, PA. March 12, 2005. 9. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. H. . Plaintiff has been damaged in the amount of $3,393.10 plus costs and attorneys fees. WHEREFORE, Plaintiff METROPOLITAN EDISON COMPANY demands judgment against the Defendant in an amount of $3,393.10 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. COUNT 11 METROPOLITAN EDISON COMPANY VS. ADAM GOODLING 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. Defendant, ADAM GOODLING was in custody and control of the vehicle when it was taken by "JOHN DOE" that collided with the active utility pole. 14. Defendant ADAM GOODLING negligently maintained the vehicle in that he: a) left vehicle unattended; r ? b) left vehicle and/or keys in such a condition permitting unauthorized use of vehicle; C) did not properly/adequately lock and secure the vehicle, 15. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 16. Plaintiffs property was damaged is in the amount of $3,393.10 including attorney fees and costs. WHEREFORE, Plaintiff METROPOLITAN EDISON COMPANY demands judgment against the Defendant in an amount of $3,393.10 including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, i DATED: November 10, 2005 By: .) thony P.LLzy-Cick P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 ... .. VERIFICATION Pursuant to Rule 1924 (c), I, Anthony P. Krzywicki, Esquire, verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Star. Ann. § 4904 relating to unsworn falsification to authorities. Dated: November 10, 2005 n ? ?- ? `?.. ? r? C? c_y ?.J 7 i??? a ? -,? (? ? ?? ?-. -: ? °<(i ?? CJ -$ CJ :{ -.. Q SHERIFF'S RETURN - REGULAR CASE NO: 2005-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METROPOLITAN EDISON COMPANY VS DOE JOHN ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOODLING ADAM the DEFENDANT at 1952:00 HOURS, on the 1st day of December , 2005 at 922 PINE ROAD CARLISLE, PA 17013-9373 by handing to LINDA GOODLING, MOTHER 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this /W,? day of ?e2e,? k 2r ?LUS A. D. Pr otary So Answers: R. Thomas Kline 12/05/2005 KRZYWICKI & ASSOCIATES By: s 3310ME In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan Edison Company Plaintiff Civil Action - In Law vs John Doe Defendant Adam Goodling Defendant No. 05-5948-Civil Term ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 Metropolitan Edison Company vs. Adam Goodling Kindly enter default judgment in favor of Plaintiff, Metropolitan Edison Company and against Defendant, Adam Goodling for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 2387.60 Fees: $ 800.00 Court Costs: $ 55.50 Service Costs: $ 150.00 TOTAL $ 3393.10 together with interest thereon from the date of judgment forward and all costs of this action. 3310ME I hereby certify follows: 1. The true and Edison Company, is 22 2. The true and Goodling, is 922 Pine 17013-9373. to the best of my knowledge and belief as correct address of the Plaintiff, Metropolitan 5 Morgantown Road, Reading, PA 19612-3009. correct address of the Defendant, Adam Road, Carlisle, Cumberland County, PA DATED: October 16, 2007 By: Krzywick,L--`and) Assgciates VK . &rzywicxi. ugan 0 A 18938 215-8 90 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METROPOLITAN EDISON COMPANY VS DOE JOHN ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOODLING ADAM the DEFENDANT , at 1952:00 HOURS, on the 1st day of December , 2005 at 922 PINE ROAD CARLISLE, PA 17013-9373 by handing to LINDA GOODLING, MOTHER 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: R. Thomas Kline 12/05/2005 KRZYWICKI & ASSOCIATES By : " /?f / A y Axig-r i/f f K--, I 3310ME In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan Edison Company Plaintiff Civil Action - In Law vs John Doe Defendant Adam Goodling Defendant No. 05-5948-Civil Term ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Adam Goodling, 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. KrzywickaXand Aq/;Oiates DATED: October 16, 2007 By: 49 Vsyr't?an Rd P. 0. B 505 New Hope, PA 18738 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 3310ME In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan Edison Company Plaintiff Civil Action - In Law vs John Doe Defendant Adam Goodling Defendant No. 05-5948-Civil Term ARBITRATION NOTICE TO: Adam Goodling 922 Pine Road Carlisle, PA 17013-9373 Date: September 21, 2007 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 17013-3387 (717) 249-3166/(800) 990-9108 Krzywicki ipt d As--16ci By: Ant y P. icki 49 rt ugan Road P.O. ox 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 cc: Michael T. Traxler ABOM & KUTULAKIS 36 South Hanover Street Carlisle, PA. 17013 Attorney(s) for Defendant 3310ME In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan E ison Company Plaintiff Civil Action - In Law vs Adam Goodling Defendant(s) No. 05-5948-Civil Term AFFIDAVIT OF SERVICE STATE OF 1301 Q8111111119? SS. COUNTY OF I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take ault pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first cl s mai 09/21/2007. l on Ant ho P. K i Atto ey intiff, Krz 1 and Associates P.O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF fi60V-gV ary Public WEALTH OF PENNSYLVANIA NOTARIAL SEAL Catherine Ross-Nlacaluso, Notary Put,. SoletM Twp., Bucks County Commission, Expires March 30:,1 ,Dj(' t 3310ME In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan Edison Company Plaintiff vs John Doe Defendant Adam Goodling Defendant Civil Action - In Law No. 05-5948-Civil Term ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF OEM ?Q ss. COUNTY OF I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendant, Adam Goodling, 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, Adam Goodling, is more than 18 years of age and currently resides at 922 Pine Road, Carlisle, 17013-9373. 3. I have ascertained the above info on 1Y, PPI rsonal investigation and make this affidavit withrme authpty. Sworn nd subscribed before me t s 6 day of Oct r 2007 t_Wtary Public 29I?IMpMWEALTH OF PENNSYLVANIA OTARIAL SEAL Catherine Ross-Macaluso, Notary Public Solebury Twp., Bucks County My Commission, Expires March 30 , 2010 C? V, .D LIN oa O t? r -,1 a y14ia" T, ;}A 3310ME OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Adam Goodling Michael T. Traxler 922 Pine Road ABOM & KUTULAKIS Carlisle, PA 17013-9373 36 South Hanover Street Carlisle, PA. 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Metropolitan Edison Company Plaintiff vs John Doe Defendant Adam Goodling Defendant Civil Action - In Law No. 05-5948-Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme.Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) Judgment ( ) Money Ju ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment Curtis R. Long Prothonotary by Default 3gment /`, in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA METROPOLITAN EDISON COMPANY, Plaintiff, Civil Action - In Law vs. No.: 05-5948 Civil Term "JOHN DOE" and ADAM GOODLING, Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on against the Defendant, ADAM GOODLING, satisfied and from the record upon payment of your costs only. KRZYWICKI & A-?LSQCIATES, P.C. DATED: June 8, 2009 BY: Plaintiff P.O. Box 505 New Hope, PA 1891- (215) 862-4390 Attorney I.D. 23754 FILE-0 f-F F Tii-" 5 . TARY 2009 JUN 17 PFD 12: a 9 s 8, co PD ATW c4j,* lLO38 1h-r* aa& sLIq