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Home My WebLink About05-6745In the Court of Common Pleas of Cumberland County, Pennsylvania PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In L- VS. No. (?S - l,JgS L ?tu? ? ANDREW A. WISWELL, ARBITRATION Defendant. 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., X Plaintiff, Civil Action - In Law vs. No. 0SS -G9ysJ ANDREW A. WISWELL, ARBITRATION Defendant.. 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, ANDREW A. WISWELL, is an adult individual residing at 1119 Wansford Road, Mechanicsburg, Cumberland County, PA., 17050. 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. 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 1505 Walnut Bottom Road, Penn Twp., Cumberland County, on or about January 8, 2004. 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 $5,954.58, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $5,954.58, including costs, prejudgment and post judgment interest, attorney's fees, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & DATED: December 22, 2005 , By: 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. § 4104 relating to unsworn falsification to authorities. Dated: December 22, 2005 7 tr? k Ao (rN.z 7? r.? ? t ,r UZ ? r SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06745 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS WISWELL ANDREW A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WISWELL ANDREW A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 1119 WANSFORD ROAD , NOT FOUND , as to WISWELL ANDREW A MECHANICSBURG, PA 17050 DEFENDANT IS ON ACTIVE DUTY IN GERMANY. Sheriff's Costs: So answers: - Docketing 18 .00 Service 8 .80 Not Found 5 .00 R. Thomas Kline Surcharge 10 .00 Sheriff of Cumberland County .00 41 .80 KRZYWICKI & ASSOCIATES 01/06/2006 Sworn and subscribed to before me this J - day of Qo-o A.D. Pr tho y KRZYWICKI & ASSOCIATES Anthony P. K3zywicli, Esq. P.O. Box 545 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. ANDREW A. WISWELL, Defendants. PRAECIPE TO Civil Action - In Law No. 05-6745 ARBITRATION TO THE PROTHONOTARY: Kindly reinstate the Complaint against the Defendant (s) in the above-captioned Civil Action for an additional thirty (30) days. DATED: January 22, 2007 BY: KRZYWICKI & ASSOCIATES N 7-n, n " Y )i Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. ANDREW A WISWELL, Defendant. Civil Action - In Law No. 05-6745 Civil Term ARBITRATION AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) SS.: COUNTY OF BUCKS) I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Andrew A. Wiswell at his last- known address, which is Andrew A. Wiswell, CMR 464 Box 466, APO, AE 09226, by the defendant's signed "Acceptance of Service of Complaint" on February 26, 2007. A copy of the signed "Acceptance of Service of Complaint" is a7n//// hereto and made a part hereof. Anthony P z ,vtficki, I Attorney or aintiff Z KRZYW CHI & ASSC P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA. Attorney ID #23754 Sworn to and this before me c TM o? PENws Ly NOTARIAL SEgt ? ? - so, Nobry PW* Y Tw@., Bucks 2010 TES KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS,CWeERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action No. 05-6745 C i 61 Term Plaintiff, VS. ANDREW A. WISWELL Defendants. ACCEPTANCC OF SERVICE OF COMPLAINT I hereby accept service of the Civil Action Complaint in the above-captioned Civil Action on behalf of Defendant ANDREW A. WISWELL, and certify that I am authorized to do so. DATED: February 26, 2007 ANDREW A. WIS CMR 464 Box 466 APO, AE 09226 ?? i n -Tt r. _ ? ?CCTt •-`? CSC SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS WISWELL ANDREW A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT T.7 T( T= T T M TTT1T1 T" T.T T to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WASHINGTON serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 28th , 2007 , this office was in receipt of the attached return from WASHINGTON Sheriff's Costs: So answers, Docketing 18.00 Out of County 9.00 Surcharge 10.00 R' Thomas KT-in Dep Washington Co 50.00 Sheriff of Cu erland County Postage .63 87.63 03/28/2007 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO- SHERIFF JAMES B.DALESSANDRO CHIEF DEPUTY Court Docket #: 05-6745 CIVIL COURTHOUSE SQUARE SUITE 303 100 WEST BEAU STREET WASHINGTON, PA 15301 724-228-6840 FAx 724-223-4719 Sheriff File Number - 07000560 County of WASHINGTON;"Commonwealth of PENNSYLVANIA PPL ELECTRIC UTILITIES CORP. VS. ANDREW A. WISWELL t`1 Affidavit of Service COMPLAINT I hereby CERTIFY and RE'T'URN that on 2/5/2007 at 12:30PM service was attempted with the due diligence and inquiry for ANDREW A. WISWELL. Service was unable to be made for the following reasons: DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS, AS PER NEW RESIDENT. SERVICE ATTEMPTS Date: 2/5/2007 Time: 12:30 pm 113 SPRING STREET COAL CENTER, PA 15423 1 , Fees Received from Attorney: MILEAGE ($24.50), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $50.00 Attorney Name: KRZYWICKI & ASSOCIATES, P.C., P.O. BOX 505, NEW HOPE, PA 18938 Affirmed & Subscribed to before Me February 6, 2007 JOSEPH RUSCELLO, Deputy Sheriff Notary Public NOT PAULETTE DANIELS, Notary Public Washington, Washington County, PA Sheriff of Washington County My commission expir myy Co fission Expires Februaly 24, 2010 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. ANDREW A. WISWELL, Defendant. Civil Action - In Law No.: 05-6745-Civil Term ARBITRATION PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: u JJ .? Kindly mark this matter Settle, Discontinue, and End against the Defendant, without prejudice upon payment of your costs only. KRZYWICKI & AS DATED: April 1, 2010 BY: New Ho 18938 (2.15)8 390 Attorney for Plaint' Attorney I.D. 237 4 TES, P.C.