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HomeMy WebLinkAbout06-3233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. Plaintiff, Civil Action - In Law No. G(.o - -;233 ahh , C`? CARMEN BANTA, NORA J. HUMMER, Defendants. COMPLAINT ARBIMTION aomxas 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 NARIUD THAT IF TM FAIL TO DO BO THR CABS 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 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., vs. Plaintiff, Civil Action - In Law No. OL - 3.233 CARMEN BANTA, NORA J. HUMMER, Defendants. COMPLAINT ARBITRATION 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, CARMEN BANTA, is an adult individual residing at 613 Magaro Road, Enola, Pennsylvania, 17025. 4. Defendant, NORA J. HUMMER, is an adult individual residing at 1021 S. Progress Avenue, Apartment B6, Harrisburg, Pennsylvania, 17111-1739. 5. 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. CARMEN BANTA 6. Defendant, CARMEN BANTA, while operating a vehicle, collided with and damaged property owned by Plaintiff. 7. 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; and k) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 8. Defendant struck and damaged a utility pole and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of North Enola Road, Route 11- 15, and Susquehanna Avenue, East Pennsboro Township, Cumberland County, Pennsylvania, on or about November 5, 2004. 9. Defendant's actions or inactions 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. 11. Plaintiff has been damaged in the amount of $12,829.56, including costs and attorneys' fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $12,829.56, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. NORA J. HUMMER 12. Paragraphs 1 through I 1 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant NORA J. HUMMER was the owner of the vehicle driven by Defendant CARMEN BANTA that hit the active utility pole and overhead facilities. 14. At the time of the aforesaid accident, Defendant, NORA J. HUMMER was responsible for the actions of her agent, CARMEN BANTA. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant NORA J. HUMMER including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to Defendant, CARMEN BANTA; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant CARMEN BANTA in the operation of his/her vehicle; c) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways; and f) otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant NORA J. HLjN4Nf i; , Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $12,829.56, including costs and attorneys' fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $12,829.56, together with pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & A-SSPMTES DATED: May 31, 2006 New tolie, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., 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 unworn falsification to authorities. Dated: May 31, 2006 t KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I D. 23 754 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 06-3233 vs. ARBITRATION CARMEN BANTA and NORA J. HUMMER, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint against the Defendant(s) in the above-captioned Civil Action for an additional thirty (30) days. DATED: September 18, 2006 BY: KRZYWICKI & Attorney TES c'? ? O :? ?:' ?_ tU -ern L __.. , ) = ? rte. -; ,__ -? ? - ,?- -T'? ` ? ?. ?°? w t ? rv 2260PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs CARMEN BANTA Defendant NORA J. HUMMER Defendant Civil Action - In Law No. 06-3233 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. CARMEN BANTA Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, CARMEN BANTA for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 9438.81 Fees: $ 3200.00 Court Costs: $ 55.50 Service Costs: $ 135.25 TOTAL $12829.56 together with interest thereon from the date of judgment forward and all costs of this action. 2260PD I hereby certify follows: 1. The true and Utilities Corp., is 2 2. The true and BANTA, is 613 Magaro to the best of my knowledge and belief as correct address of the Plaintiff, PPL Electric North 9th Street, Allentown, PA 18101. correct address of the Defendant, CARMEN load, Enola, CUMBERLAND County, PA 17025. DATED: September 13, 2006 By: KRZYWICKI LIAS30CIATES An o r. z 1 P .O. rth S Ro P.O. Box New Hope, PA. 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BANTA CARMEN ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BANTA CARMEN the DEFENDANT , at 1217:00 HOURS, on the 13th day of June , 2006 at 613 MAGARO ROAD ENOLA, PA 17025 CARMEN BANTA by handing to 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 12.32 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/21/2006 KRZYWICKI & ASSOCIATES By. 'A&AW1Wr- DebU7y- Sheriff of A. D. 2260PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs CARMEN BANTA Defendant NORA J. HUMMER Defendant Civil Action - In Law No. 06-3233 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, CARMEN BANTA, 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/& ASSOCIATES DATED: September 13, 2006 By: Ant on P. K icK V-- th Su Roa ox 5 pe, PA. 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2260PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Uti sties Corp. Plaintiff Civil Action - In Law vs CARMEN BANTA Defendant NORA J. HUMMER Defendant No. 06-3233 ARBITRATION NOTICE TO: CARMEN BANTA 613 Magaro Road Enola, PA 17025 Date: August 15, 2006 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 By. KRZYWICKX & MSSOCIATES 49 N th Su oad P Box 50 w Hope, AA. 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2260PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs CARMEN BANTA Defendant(s) Civil Action - In Law No. 06-3233 AFFIDAVIT OF SERVICE STATE OF SS. COUNTY OF 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 on 08/15/2006. __-1% Antho P. zyw cki ,Kr Krand ociat6 AtVHope, or P i ff, P. 05 Ne P 18938 PA ID# 2 3754 215-862-4390 SWORNn/ TO AND SUBSCRIBED BEFO& ME YTHIS /31R_O?DAY O F lt ?i WIV ary Pubic COMMONWEALTH 04FNNSYLVANIA NOTAR'AL SFl Catherine Ross- Macalu so ' Iv public SoleburyTwp„ Bucks ?_ ,,nty Commission Expires March 30, 2010 2260PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs CARMEN BANTA Defendant NORA J. HUMMER Defendant Civil Action - In Law No. 06-3233 ARBITRATION AFFIDAVIT OF NON.-MILITARY SERVICE STATE OF ss. COUNTY OF xo? I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., 2 North 9th Street, Allentown, PA 18101, Plaintiff herein, and as such state the following: 1. The defendant, CARMEN BANTA, 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, CARMEN BANTA, is more than 18 years of age and currently resides at 613 Magaro Road, Enola, PA 17025. 3. I have ascertained the above inform ion by personal investigation and make this affidavit wit authority. me Vh and subscribed bo me 13 day o/f//?eptemb ary P .2MMprtW00-41, LTN OFOF pwAN1A c L SEAL public Cagterine Ross-Macaluso, Notary Solebury Twp.. Bucks County , 2010 NN commission Expkes March 330 06 nv/ P.l KrzvwLckl N a ? w -43 D ?V C, J 2260PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: CARMEN BANTA 613 Magaro Road Enola, PA 17025 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs CARMEN BANTA Defendant NORA J. HUMMER Defendant No. 06-3233 ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you a her f' h a Judgment has been entered against you in the above proceeding be urtis ong Prothonotary (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki KRZYWICKI & ASSOCIATES 49 North Sugan Road P.O. Box 505 New Hope, PA. 18938 215-862-4390 Attorney I.D. No.23754 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03233 P COMMQNWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BANTA CARMEN ET AL JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BANTA CARMEN the DEFENDANT , at 1217:00 HOURS, on the 13th day of June , 2006 at 613 MAGARO ROAD ENOLA. PA 17025 CARMEN BANTA by handing to 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 Service Affidavit Surcharge Ov- Sworn and Subscibed to before me this of So Answers: 18.00 12 . 3 2 .00 10.00 R. Thomas Kline .00 40.32,/ 07/21/2006 KRZYWICKI & ASSOCIATES By: day De y Sheriff A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BANTA CARMEN ET AL 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 HUMMER NORA J but was unable to locate Her deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 21st , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County .00 60.25 ? Q, ?y3? a? 07/21/2006 / KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common Plus of 'Cumberland County, Pennsylvania PPL Electric Utilities Corp vs. Carmen Banta et al SERVE: Nora J. Humer No. 06-3233 civil June s 2006 Now, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of 520 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the the contents thereof. (offilve 101# t4t o$heriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff So Answers, lc- Sheriff of Dauphin County, Pa. Commonwealth of Pennsylvania PPL ELECTRIC UTILITIES CORP vs County of Dauphin • HUMMER NORA J Sheriff's Return No. 1035-T - - -2006 OTHER COUNTY NO. 06-3233 CV I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HUMMER NORA J the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 14, 2006 ATTEMPTS WERE MADE TO SERVE THE DEF, NORA HUMMER, DEF NOT HOME DURING DAYTIME HOURS. WE HAD NO NIGHT SHIFT WORKING. Sworn and subscribed to before me this 14TH day of JULY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 By Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Deputy Sheriff Sheriff's Costs:$35.25 PD 06/12/2006 RCPT NO 218620 z E :01 a 81 Inc 9001 ?jj SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-03233 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BANTA CARMEN ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: HUMMER NORA J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , HUMMER NORA J NOT SERVED , as to 1021 S PROGRESS AVENUE APARTMENT 136 HARRISBURG, PA 17111-1739 CALLED FOR, BUT NEVER RECEIVED $35.25 CHECK FOR DAUPHIN COUNTY. COMPLAINT IS EXPIRED. Sheriff's Costs: So answe Docketing 18.00 Service .00 Affidavit .00 R. Thomas Kl' Surcharge 10.00 Sheriff of Cumberland County .00 28.00,/ANTHONY KRZYWICKI 10/24/2006 Sworn and Subscribed to before me this day of , A. D. KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. 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 Plaintiff, No. 06-3233 vs. ARBITRATION CARMEN BANTA and NORA J. HUMMER, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint against the Defendant(s) in the above-captioned Civil Action for an additional thirty (30) days. DATED: December 6, 2006 BY: riz 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA AND NoRA J. HUMMER, DEFENDANTS No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Nora J. Hummer. The Defendant, Nora J. Hummer, reserves the right to otherwise plead in this matter. Respectfully submitted, OF SNYDElk & DORER Date: January 30, 2007 By: / Don ld R. Dorer, Es ire Attorney for Defendant, Nora J. Hummer Identification No. 39126 P r ` ' 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF VS. CARMEN BANTA AND NoRA J. HUMMER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Nora J. Hummer herein, and that he caused a true and correct copy of the attached En of Appearance to be served by regular first class mail upon: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 Attorney for Plaintiff Date: January 30, 2007 Carmen Banta 202 Walnut Street Newport, PA 17074 Attorney for Defendant, Nora J. Hummer ? C.1 ?..a -?.a ? T? " 7 f k'!'2 ?= - - -;-7 C'1'F ! _. , -? , .. c ? .. ;, -? ? 7 , I 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA AND NORA J. HUMMER, DEFENDANTS No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, NORA J. HUMMER, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Paragraph 3 of Plaintiff's Complaint pertains to Defendant, Carmen Banta, as to which no response is required from answering Defendant. 4. Admitted in part, denied in part. Defendant, Nora J. Hummer, is an adult individual residing at 613 Magaro Road, Enola Pennsylvania 17025. 5. Admitted. 6.-11. Paragraphs 6 through 11 of Plaintiff's Complaint contain allegations that pertain to Defendant, Carmen Banta, as to which no response is required from answering Defendant. ft WHEREFORE, Defendant, Nora J. Hummer, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. 12. Paragraphs 1 through 11 are incorporated herein by reference, and made a part hereof as if set forth in full. 13. Admitted in part, denied in part. It is admitted only that Defendant, Nora J. Hummer, was the owner of the vehicle driven by Defendant, Carmen Banta. It is admitted only that the vehicle operated by Defendant, Carmen Banta, was involved in a motor vehicle accident on or about November 5, 2004. The particulars of such accident are unknown to answering Defendant. 14. Denied. Paragraph 14 appears to set forth a conclusion of law to which no response is required from answering Defendant. Should any allegations therein be deemed factual in nature, such allegations are generally denied pursuant to Pa. R.C.P. § 1029(e). By way of further statement, it is denied that Defendant, Carmen Banta, was acting as agent for Defendant, Nora J. Hummer. 15. Denied. All allegations set forth in paragraph 15 of Plaintiff's Complaint deemed factual in nature, including all subparagraphs thereof, are generally denied pursuant to Pa. R.C.P. § 1029(e). 16. Denied. Paragraph 16 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 17. Denied. Paragraph 16 of Plaintiff's Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 2 WHEREFORE, Defendant, Nora J. Hummer, respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, LAW OFFICE OF SNYDER Date: January 30, 2007 By: 136AMM. Dorer, Esquire Attorney for Defendant, Nora J. Hummer Identification No. 39126 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA AND NORA J. HUMMER, DEFENDANTS No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Nora J. Hummer, in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: January 30, 2007 Attorney for Defendant, Nora J. Hummer Court I.D. 39126 .. 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA AND NORA J. HUMMER, DEFENDANTS No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Nora J. Hummer herein, and that he caused a true and correct copy of the attached Answer of Defendant Nora J. Hummer, to Plaintiff's Complaint to be served by regular first class mail upon: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 Carmen Banta 202 Walnut Street Newport, PA 17074 New Hope, PA 18938 Attorney for Plaintiff Date: January 30, 2007 i I Donald R. Dorer, Esquire Attorney for Defendant, Nora J. Hummer ?7 ' lz t; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BANTA CARMEN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligen search and and inquiry for the within named DEFENDANT to wit: HUMMER NORA J but was unable to locate Her in his bailiwick. He th efore deputized the sheriff of DAUPHIN County, Penns vania, to serve the within COMPLAINT & NOTICE On January 17th , 2007 , this office was in recei attached return from DAUPHIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland Postage .87 73.12 %1' 11/ 9 /0 '7 01/17/2007 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of , of the ty A. D. In The Court of Common Pleas of Cumberland County, PPL Electric Utilities Corp vs. Carmen Banta et al No. 06-3233 cil SERVE: Nora J. Hutmer Now, Decemb6r 28, 2006 , I, SHERIFF OF CUMBERLAND C hereby deputize the Sheriff of Dauphin County to exec deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Now, within upon at by handing to a and made known to copy of the original So answers, the contentd thereof. Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE MLLEAGE AFFIDAVIT Affidavit of Service ,20 ,at nsylvania TY, PA, do is Writ, this , PA o'clock . served the ,PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor off icE Ulf t4e r*4Prr ff Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff C les E. Sheaffer hief Deputy Mix el W. Rinehart As ' ant Chief Deputy Commonwealth of Pennsylvania PPL ELECTRIC UTILITIES CORP vs County of Dauphin HUMMER NORA J Sheriff's Return No. 0011-T - - -2007 OTHER COUNTY NO. 06-3233 AND NOW:January 5, 2007 at 9:34AMserved the within REINSTATED COMPLAINT upon HUMMER NORA J by personally handin to GABRIEL STAHL - FRIEND OF DEFT 1 true attested py(ies) of the original REINSTATED COMPLAINT and king known to him/her the contents thereof at 369 CARLTON AVE HBG, PA 17111-0000 Sworn and subscribed to So Answers, before me this 11TH day of JANUARY, 2007 e NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 Sheriff of auphin unty, a. By Deputy Sheriff Sheriff's Costs:$35.25 PD 02/03/2007 RCPT No 22 O95 WONG IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. CARMEN BANTA, NORA J. HUMMER, Civil Action - In Law No.: 06-3233 ARBITRATION Defendant, Defendant. AFFIDAVIT OF JUDGMENT STATE OF PENNSYLVANIA/ ss. COUNTY OF BUCKS , I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp., Two North Ninth Street, Allentown, PA 18101, Plaintiff herein and as such state the following: 1. The Judgment against Defendant, Carmen Banta arose out of a vehicular collision in which she was the driver. P Sworn to and subscribpld before me this Zg?`day of , 2 NOTARY i liAace m. fty Flub' TV*., 8udcs CCU* KJWYWICKI & ASSOCIATES P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA. Attorney ID #23754 C7 r`' (? {?R U ? D s -' t= j 1 rV trlhY.iYaNN="'? `iit ri?.;A ?N1NtaMMA+?? ` ' ' 07HB-00003 PPL ELECTRIC UTILITIES CORP., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA and NO. 06-3233 2006 NORA J. HUMMER, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Donald R. Dorer, Esquire, counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 12,829.56 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Dorer, Esquire; Attorney'-for Defendant, Nora J. Hummer Anthony P. Krzywicki, Esquire; Attorney for Plaintiff, PPL Electric Utilities Corp. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Date: August 17, 2007 ;aK rer, squire Attorney for Defendant, Nora J. Hummer Court I.D. 39126 ORDER OF COURT AND NOW, petition,. Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ?w -Oak 07HB-00003 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Nora J. Hummer PPL ELECTRIC UTILITIES CORP., PLAINTIFF VS. CARMEN BANTA AND NORA J. HUMMER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3233 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Nora J. Hummer herein, and that he caused a true and correct copy of the attached Petition for Appointment of Arbitrators to be served by regular first class mail upon: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 Carmen Banta 202 Walnut Street Newport, PA 17074 New Hope, PA 18938 Attorney for Plaintiff Date: August 17, 2007 Donald R. Dorer, Esquire Attorney for Defendant, Nora J. Hummer p ? O rw 0 ? rr ? t? r W N 1 4 Q 1 M 07BB-00003 PPL ELECTRIC UTILITIES CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CARMEN BANTA and NO. 06-3233 20 06 NORA J. HUMMER, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Donald R. Dorer, Esquire, , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 12.829-56 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Dorer, Esquire; Attorney-'for Defendant, Nora J. Hummer Anthony P. Krzywicki, Esquire; Attorney for Plaintiff, PPL Electric Utilities Corp. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully"s i:3 Date: August 17, 2007 ' "` rer, Esquire Attorney for Defendant, Nora J. Hummer Court I.D. 39126 ORDER OF COURT AND NOW, A q , 200 7 , . consideration of the foregoing petition, 1A I A 4-,,J Esq., and.0200.0 C • ?? Esq., and It M=A Esq., are appointed bitrators in the above captioned action (or ctions) as prayed for. By a ourt, Gv, E AR B. BAYLEY ?r '- fed MOLA - Opples DOO'd P pys -- AnN g 30 iso? KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I. D. 23754 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff Civil Action No. 06-3233 vs. CARMEN BANTA and NORA J. HUMMER, Defendants. PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendants, Nora J. Hummer ONLY, without prejudice upon payment of your costs only. KRZYWICKI & ASSOCIATES DATED: October 5, 2007 BY: AntY,z'ony P. ?cf'zyy6icki, Esq. AtVorney?'or aintiff ra cs ca ?} F <? r ._._ r, fza r PPL ELECTRIC UTILITIES, CORP., PLAINTIFF V. CARMEN BANTA AND NORA J. HUMMER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3233 CIVIL TERM ORDER OF COURT AND NOW, this .SA day of October, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. William Douglas, Esquire, Chairman, shall be paid the sum of $50.00. ? William Douglas, Esquire By the Court, r r? Edgar B. Bayley, J. i Court Administrator sal 0opq Pic) (o a QILB 6L ?r cz) LLA C ) -- CD V S_