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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
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PPL ELECTRIC UTILITIES CORP.,
Plaintiff,
Civil Action - In Law
No 0(., - 157
vs.
ARBITRATION
ARNOLD TRANSPORTATION SERVICES,
INC,
Defendant.
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COMPLAINT
IWTI,_:t~
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 ~ 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
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA
------------------------------------------------------)(
PPL ELECTRIC UTILITIES CORP.,
Plaintiff,
Civil Action - In Law
No. 01- - '1'1 C~'(jL L~
ARBITRA nON
vs.
ARNOLD TRANSPORTATION SERVICES,
INC.,
Defendant.
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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, PA 18101.
3. Deftmdant, ARNOLD TRANSPORTATION SERVICES, INC. is a Pennsylvania
corporation doing business at 4410 Industrial Park Road, Camp Hill, P A., 17011-5736.
4. At all times relevant hereto, Plaintitfwas 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. ARNOLD
TRANSPORTATION SERVICES. INC.
5. Defendant, ARNOLD TRANSPORTATION SERVICES, INC.'s employee was
operating a vehicle and collided with and damaged property owned by Plaintifr
6. Defendant's employee 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;
1) 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. Deilmdant's employee struck and damaged a utility pole and wires owned and
operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of Gettysburg Road and St.
Johns Road, Lower Allen Township, Cumberland County, PA. on or about February 25,2004.
8. Deiimdant's employee's actions or inaction as set iorth 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 Detlmdant has refused to pay Plaintiff.
10. Plaintiff has been damaged in the amount of $6,241. 06, including costs and
attorneys fees.
WHEREFORE, Plaintifi'PPL ELECTRIC UTILITIES CORP. demands judgment against
the Defendant in an amount of $6,241. 06, including costs, prejudgment and post judgment
interest, attorney's iees, punitive damages and delay damages as the law may allow.
Respectfully submitted,
DATED: February 2, 2006
.
VERlFICA nON
Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verity 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
sutllciently 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: February 2,2006
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00757 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PPL ELECTRIC UTILITIES CORP
VS
ARNOLD TRANSPORTATION SERVICES
CPL. TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ARNOLD TRANSPORTATION SERVICES INC
the
DEFENDANT
, at 1446:00 HOURS, on the 13th day of February
2006
at 4410 INDUSTRIAL PARK ROAD
CAMP HILL, PA 17011-5736
by handing to
SCOTT KOVALL, RISK MANAGEMENT, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
12.32
.00
10.00
.00
40.32
So Answers:
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R. Thomas Kline
02/14/2006
KRZYWICKI & ASSOCIATES
Sworn and Subscribed to before
By:
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.. ~~ut:y Sher' ff
me this
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of
A.D.
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
P.O Box 505
New Hope, PA 18938
(215)862-4390
Al/orneyfiJr Plaintiff
Attorney UJ 23754/26852
COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA
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PPL ELECTRIC UTILITIES CORP.,
PlaintitT
Civil Action No.
06-00757 CIVIL TERM
vs.
ARBITRA nON
ARNOLD TRANSPORTATION SERVICES,
INC..
Defendants.
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PRAECIPE TO SETTLE, DISCONTINUE, AND END
TO THE PROTHONOTARY:
Kindly mark this matter Settled, Discontinue, and End against
Arnold Transportation Services, Inc" without prejudice, upon
payment of your cost only.
KRZYWICKI & ASSOCIATES
BY:
DATED: April 3, 2006
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