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HomeMy WebLinkAbout06-4840IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 0. _ q^0 elCJ kcT?Ijn VS. ALEX E. ARNDT, Defendant. COMPLAINT ARBITRATION 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 WARMED 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 TARE 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. PJ AW 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., Civil Action - In Law Plaintiff, No. _ y 8 y p e v t?, vs. ARBITRATION ALEX E. ARNDT, 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, Pennsylvania, 18101. 3. Defendant, ALEX E. ARNDT, is an adult individual residing at 29 Riverview Drive, Enola, Pennsylvania, 17025-2647. 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. COUNTI PPL ELECTRIC UTILITIES CORP. VS. ALEX E. ARNDT 5. Defendant, ALEX E. ARNDT, while operating a vehicle, damaged property owned by Plaintiff. 6. Defendant negligently operated the vehicle in that he/she: a) operated said vehicle and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said vehicle and/or equipment under proper and adequate control; C) failed to keep a proper lookout; d) operated said vehicle and/or equipment in a reckless and careless manner; e) failed to keep vehicle and/or equipment in the proper lane of travel; fj failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; g) failed to remain alert and attentive under the circumstances; h) operated the vehicle and/or equipment without due regard for the rights, safety and position of the plaintiff; i) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment 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 4703 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, on or about September 4, 2005. 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 $17,122.52. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $17,122.52, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: August 15, 2006 Respectfully submitted, VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. MUMICKI, 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: August 15, 2006 w? v "V v( y^? 1 Ce W r fl m L_ G7 N -o ci Lfi 0 T rn Q ?C7 Oy rn :TJ 6 SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04840 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ARNDT ALEX E 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: ARNDT ALEX E but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT the within named DEFENDANT ARNDT ALEX E 29 RIVERVIEW DRIVE NOT SERVED , as to ENOLA, PA 17025-2647 MALE OCCUPANT AT ADDRESS PROVIDED, REFUSED SERVICE FROM DEPUTIES AND REFUSED TO IDENTIFY HIMSELF. Sheriff's Costs: So an s: Docketing 18.00 Service 13.20 Affidavit .00 .'Thomas Kline Surcharge 10.00 riff of Cumberland County NOT SERVED RETURN 5.0 46.2 ? ZYWICKI & ASSOC 09/08/2006 Sworn and Subscribed to before me this day of A. D. KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 1893 8 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law VS. No. 06-4840 Civil Term ALEX E. ARNDT, Defendant. MOTION FOR ALTERNATIVE SERVICE Plaintiff, under Pa. R.C.P. 430, by its attorneys, moves the Court for an Order, in the form attached, permitting alternative service of original process, and states in support thereof the following: 1. The complaint in this action was filed on or about August 21, 2006. 2. Several attempts at service were made by the sheriff. The sheriff's form states "Male occupant at address provided, REFUSED SERVICE from deputies and REFUSED TO IDENTIFY HIMSELF." See Exhibit A. 3. The Enola Post Office has a physical address of 29 Riverview Drive, Enola, PA 17025. See Exhibit B. 4. An Accurint search lists 29 Riverview Drive, Enola, PA 17025. See Exhibit C. 5. Directory assistance confirmed that Alex Arndt has a published telephone number at 29 Riverview Drive, Enola, PA 17025. 6. Plaintiff believes, and therefore avers, that the physical address of defendants is 29 Riverview Drive, Enola, PA 17025. 7. Defendant(s) is evading service of process. WHEREFORE, Plaintiff requests the Court to enter an Order, in the form attached, allowing service of original process to be made by posting a copy of the complaint at 29 Riverview Drive, Enola, PA 17025. Respectfully submitted, -S DATE: March 1, 2007 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Motion for Alternative Service by depositing copies thereof in the United States mail, prepaid, addressed as follows: Alex E. Arndt 29 Riverview Drive Enola, PA 17025-2647 KRZYWICKI & ASSOCIATES Dated: March 1, 2007 B) EXHIBIT A SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04840 P -COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ARNDT ALEX E 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: ARNDT ALEX E but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT NOT SERVED , as to the within named DEFENDANT ARNDT ALEX E 29 RIVERVIEW DRIVE ENOLA, PA 17025-2647 MALE OCCUPANT AT ADDRESS PROVIDED, REFUSED SERVICE FROM DEPUTIES AND REFUSED TO IDENTIFY HIMSELF. Sheriff's Costs: So an Docketing 18.00 Service 13.20 Affidavit .00 Thomas Kline Surcharge 10.00 riff of Cumberland County NOT SERVED RETURN 5.0 46.2 ZYWICKI & ASSOC 09/08/2006 Sworn and Subscribed to before me this day of A. D. EXHIBIT B L5N-FD LAW OFFICES KRZYWICKI & ASSOCIATES P. 0. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 Postmaster Date: February 1. 2007 Krzywicki Case No 2309-PD Request for Change of Address or Box holder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name Alex Edward Arndt Address: 29 Riverview Drive, Enola, PA 17025 NOTE: The name and last known address are required for change of address information. The name, if known and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.6(d)(6xn). There is no fee for providing box holder information. The fee for providing change of address information is waived in accordance with 39 CPR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): ATTORNEY 2. Statue or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: PPL Electric Utilities Corp. vs. Alex Edward Arndt 4. The court in which the case has been or will be heard: CUMBERLAND COUNTY J. The docket or other identifying number if one has been issued: 06-4840 Civil Term 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING The submission of also information to obtain and use change of address information or box holder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of up to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address information of not more than 5 years, or both (Tide 18 U.S.C. Section 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or pros tive litigation. P .O. Box 505 amore Address Anthony P. Krzvwicki New Hooe. PA 18938 Print Name City, State, Zip Code FOR POST OFFICE USE ONLY NEW ADDRESS - BOXHOLDER'S POSTMARK Delivered as addressed Not known at address given. Moved, left no forwarding address NAME AND STREET ADDRESS No such address. Qf? EXHIBIT C Comprehensive Report Page 1 of 4 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed Incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be Independently verified. For Secretary of State documents, the following data Is for information purposes only and is not an official record. Certified copies may be obtained from that Individual state's Department of State. Comprehensive Report Comprehensive Report Report Legend: Date: 08/15/06 - Shared Address D - Deceased Report processed by: Kn*Wdd & Associates 49 N Sugan Rd New Hope, PA 189381438 (215) 862-4390 Main Phone Subject Information Name: ALEX ARNDT Age: SSN: AKAs (Names Associated with Subject) [No Data Available) 4 - Probable Current Address Indicators Bankruptcy: No Property: No Corporate Affiliations: No Address Summary X029 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) Phone at address: (717) 732-3213 ARNDT HAROLD E Others Associated With Subjects SSN: (DOES NOT usually indicate any type of fraud or deception) (None Found] Comprehensive Report Summary: (Click on Link to see detail) Bankruptcies: None Found Tax Liens and Judgments: None Found UCC Filings: None Found People at Work: None Found Driver's License: None Found Address(es) Found: 1 Verified and 0 Non-Verified Found Possible Properties Owned: None Found Motor Vehicles Registered: None Found Watercraft: None Found Possible Criminal Records: None Found Florida Accidents: None Found Professional Licenses: None Found Possible Associates: None Found Possible Relatives: 1 st Degree - 3 Found 2nd Degree - 3 Found https://secure.accurint.com/app/bps/report 8/15/2006 Comprehensive Report 3rd Degree - None Found Bankruptcies: [None Found] Tax Liens and Judgments: [None Found] UCC Filings: [None Found] People at Work: [None Found] Driver's License Information: [None Found] Address Summary: 429 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) Active Address(es): ALEX ARNDT - 429 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) ARNDT HAROLD E (717) 732-3213 Property Ownership information for this Address Property: Parcel Number - 15-1288-0084-0000000-09 Book - 00027L Page - 000742 Lot Number - 9 Owner Name 1 - ARNDT HAROLD E II Owner Name 2 - ARNDT PATRICIA L Address - 29 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY Land Usage - RESIDENTIAL (NEC) Total Value - $141,080 Land Value - $26,730 Improvement Value - $114,350 Land Size -17,859 Sale Date -10/12/1977 Sale Price - $42,000 Legal Description - LOT 9 SECTION B Data Source - A Possible Properties Owned by Subject: [None Found] Motor Vehicles Registered To Subject: [None Found] Watercraft: [None Found] Possible Criminal Records: [None Found] Florida Accidents: [None Found] Professional License(s): [None Found] Page 2 of 4 https://secure.accurint.com/app/bps/report 8/15/2006 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 OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 06-4840 Civil Term ALEX E. ARNDT, Defendant. AMENDED MOTION FOR ALTERNATIVE SERVICE Plaintiff, under Pa. R.C.P. 430, by its attorneys, moves the Court for an Order, in the form attached, permitting alternative service of original process, and states in support thereof the following: 1. The complaint in this action was filed on or about August 21, 2006. 2. Several attempts at service were made by the sheriff. The sheriff's form states "Male occupant at address provided, REFUSED SERVICE from deputies and REFUSED TO IDENTIFY HIMSELF." See Exhibit A. 3. The Enola Post Office has a physical address of 29 Riverview Drive, Enola, PA 17025. See Exhibit B. 4. An Accurint search lists 29 Riverview Drive, Enola, PA 17025. See Exhibit C. I , 5. Directory assistance confirmed that Alex Arndt has a published telephone number at 29 Riverview Drive, Enola, PA 17025. 6. Plaintiff believes, and therefore avers, that the physical address of defendants is 29 Riverview Drive, Enola, PA 17025. 7. Defendant(s) is evading service of process. 8. No Judge has ruled upon any other issue in this case or related matter. 9. There has been no concurrence with any opposing counsel as the defendant has been evading service and has not been served. WHEREFORE, Plaintiff requests the Court to enter an Order, in the form attached, allowing service of original process to be made by posting a copy of the complaint at 29 Riverview Drive, Enola, PA 17025. Respectfully submitted, KRZYWICKL&-AS SOCIATES DATE: April 4, 2007 BY: EXHIBIT A SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04840 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ARNDT ALEX E 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: ARNDT ALEX E unable to locate Him in his bailiwick. NOTICE COMPLAINT but was He therefore returns the the within named DEFENDANT 29 RIVERVIEW DRIVE NOT SERVED , as to ARNDT ALEX E ENOLA, PA 17025-2647 MALE OCCUPANT AT ADDRESS PROVIDED, REFUSED SERVICE FROM DEPUTIES AND REFUSED TO IDENTIFY HIMSELF. Sheriff's Costs: So an s: Docketing 18.00 Service 13.20 Affidavit .00 Thomas Kline Surcharge 10.00 riff of Cumberland County NOT SERVED RETURN 5.0 46.2 ZYWICKI & ASSOC 09/08/2006 Sworn and Subscribed to before me this day of A. D. EXHIBIT B L75N- 4-D LAW OFFICES KRZYWICKI & ASSOCIATES P. 0. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 Postmaster Date: February 1. 2007 Ktzywicki Case No 2309-PD Request for Change of Address or Box holder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name Alex Edward Arndt Address: 29 Riverview Drive, Enola, PA 17025 NOTE: The name and last known address are required for change of address information. The name, if known and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.6(d)(6xii). There is no fee for providing box holder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): ATTORNEY 2. Statue or regulation that empowers me to serve process (not required when requester is an attorney or a parry acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: PPL Electric Utilities Corp. vs. Alex Edward Arndt 4. The court in which the case has been or will be heard: CUMBERLAND COUNTY 5. The docket or other identifying number if one has been issued: 06-4840 Civil Term 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING The submission of also information to obtain and use change of address information or box holder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of up to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address information of not more than 5 years, or both (Title 18 U.S.C. Section 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prose five litigation. %r P-0. Box 505 Sigra e Address Anthony P. Krzywicki Print Name New Hone. PA 18938 City, State, Zip Code FOR POST OFFICE USE ONLY NEW ADDRESS - BOXHOLDER'S POSTMARK Delivered as addressed Not known at address given. Moved, left no forwarding address No such address. NAME AND STREET ADDRESS - c.. C."i EXHIBIT C Comprehensive Report Page 1 of 4 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Comprehensive Report Comprehensive Report Date: 08/15/06 Report processed by: Krzywicki & Associates 49 N Sugan Rd New Hope, PA 189381438 (215) 862-4390 Main Phone Subject Information AKAs (Names Associated with Subject) Name: ALEX ARNDT [No Data Available] Age: SSN: Report Legend: - Shared Address - Deceased ' - Probable Current Address Indicators Bankruptcy: No Property: No Corporate Affiliations: No Address Summary 429 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) Phone at address: (717) 732-3213 ARNDT HAROLD E Others Associated With Subjects SSN: (DOES NOT usually indicate any type of fraud or deception) [None Found] Comprehensive Report Summary: (Click on Link to see detail) Bankruptcies: None Found Tax Liens and Judgments: None Found UCC Filings: None Found People at Work: None Found Driver's License: None Found Address(es) Found: 1 Verified and 0 Non-Verified Found Possible Properties Owned: None Found Motor Vehicles Registered: None Found Watercraft: None Found Possible Criminal Records: None Found Florida Accidents: None Found Professional Licenses: None Found Possible Associates: None Found Possible Relatives: 1 st Degree - 3 Found 2nd Degree - 3 Found https://secure.accurint.com/app/bps/report 8/15/2006 Comprehensive Report 3rd Degree - None Found Bankruptcies: [None Found] Tax Liens and Judgments: [None Found] UCC Filings: [None Found] People at Work: [None Found] Driver's License Information: [None Found] Address Summary: 429 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) Active Address(es): ALEX ARNDT -'#29 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY (Feb 2006 - Jul 2006) ARNDT HAROLD E (717) 732-3213 Property Ownership information for this Address Property: Parcel Number - 15-1288-0084-0000000.09 Book - 00027L Page - 000742 Lot Number - 9 Owner Name 1 - ARNDT HAROLD E II Owner Name 2 - ARNDT PATRICIA L Address - 29 RIVERVIEW DR, ENOLA PA 17025-2647, CUMBERLAND COUNTY Land Usage - RESIDENTIAL (NEC) Total Value - $141,080 Land Value - $26,730 Improvement Value - $114,350 Land Size - 17,859 Sale Date -10/12/1977 Sale Price - $42,000 Legal Description - LOT 9 SECTION B Data Source - A Possible Properties Owned by Subject: [None Found] Motor Vehicles Registered To Subject: [None Found] Watercraft: [None Found] Possible Criminal Records: [None Found] Florida Accidents: [None Found] Professional License(s): [None Found] Page 2 of 4 https://secure.accurint.com/app/bps/report 8/15/2006 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Amended Motion for Alternative Service by depositing copies thereof in the United States mail, prepaid, addressed as follows: Alex E. Arndt 29 Riverview Drive Enola, PA 17025-2647 Dated: April 4, 2007 BY: KRZYWICKI & ASSOCIATES APR 1 1 20P YY 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 OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law vs. No. 06-4840 Civil Term ALEX E. ARNDT, Defendant. ORDER AND NOW, this Wday of ?0, t , 2007, upon consideration of plaintiffs amended motion for alternative service by posting at 29 Riverview Drive, Enola, PA 17025-2647, the defendants last known address, and by regular mail to 29 Riverview Drive, Enola, PA 17025-2647, it is hereby ORDERED a. Service of original process (complaint) shall be made by posting a copy of the complaint on the door of the residence at 29 Riverview Drive, Enola, PA 17025-2647; b. Service of original process (complaint) shall be made by United States Postal Service, regular First Class Mail, proof of mailing required (USPS Form 3817) 29 Riverview Drive, Enola, PA 17025-2647; rtL'' - THE 2 1A R #G Fi-I 1: 1 Y v -4 C. Proof of service of original process shall be the filing with the Prothonotary Office of an Affidavit of service of posting a copy of the amended complaint on the door of the residence of 29 Riverview Drive, Enola, PA 17025-2647 and/or a certification of mailing (LISPS Form 3817, by counsel of record, pursuant to Pa.R.Civ.P. 405(c)(2). BY THE COURT: KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. 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 X PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No.: 06-4840 Civil Term VS. ALEX E. ARNDT, Defendant. --------------X 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. KRZYWICKI &ASSOCIATES DATED: April 19, 2007 BY: tho P. I ywicki, Esq. /A ev for laintiff ?? o ? ?, ? -" t: ? ? ? ? ? ?M w ....? ?--. __ .? ?3, '? ?7 ,Y?, ?.? ?: -.. ??, SHERIFF'S RETURN - REGULAR CASE NO: 2006-04840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ARNDT ALEX E MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ARNDT ALEX E was served upon the DEFENDANT , at 1310:00 HOURS, on the 25th day of May 2007 at 29 RIVERVIEW DRIVE ENOLA, PA 17025-2647 ALEX ARNDT by handing to 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 4/y?0 42.40 Sworn and Subscibed to before me this day So Answers: ?-s'Y R. Thomas Kline 05/29/2007 KRZYWICKI & ASSOCIATES By: eputy Sh ri of A. D. a t i 2309PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs ALEX E. ARNDT Defendant No. 06-4840-Civil Term ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. ALEX E. ARNDT Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, ALEX E. ARNDT for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $12667.02 Fees: $ 4300.00 Court Costs: $ 55.50 Service Costs: $ 100.00 TOTAL $17122.52 together with interest thereon from the date of judgment forward and all costs of this action. 2309PD I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corp., is 2 North 9th Street, Allentown, PA 18101. 2. The true and correct address of the Defendant, ALEX E. ARNDT, is 29 Riverview Road, Enola, CUMBERLAND County, PA 17025. KRZYWICKI & A5$0CIATES DATED: August 15, 2007 By: Anth y P icxi, h q. 49 or gan Road P. <,C-,----x- x 505 New Hope, PA. 18938 215-862-4390 .......... Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR L CASE NO: 2006-04840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ARNDT ALEX E MICHAEL BARRICK , Sheriff or Deputy Sheriff of 1 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ARNDT ALEX E the was served upon DEFENDANT at 1310:00 HOURS, on the 25th day of May , 2007 at.29 RIVERVIEW DRIVE ENOLA, PA 17025-2647 by handing to ALEX ARNDT 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 Sworn and Subscibed to before me this of So Answers: 18.00 14.40?-.? r' ??- .00 10.00 R. Thomas Kline .00 42.40 05/29/2007 KRZYWICKI & ASSOCIATES By: . day eputy Sh ri A. D. 2309PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs ALEX E. ARNDT Defendant Civil Action - In Law No. 06-4840-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, ALEX E. ARNDT, 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: August 15, 2007 By: Ant on zywick Esq. 4 ! thgan Road P. . B 505 New Hope, PA. 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2309PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs ALEX E. ARNDT Defendant No. 06-4840-Civil Term ARBITRATION TT(lTT(W TO: ALEX E. ARNDT 29 Riverview Road Enola, PA 17025 Date: July 16, 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 AS I ES By: An P. rzywic sq. orth gan ad P.O. Bo ?50 New Ho A. 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2309PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs ALEX E. ARNDT Defendant(s) Civil Action - In Law No. 06-4840-Civil Term AFFIDAVIT OF SERVICE STATE OF 0 'd SS. COUNTY OF I 111=4 ;i1J 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 cl mail on 07/16/2007. An o P. rzywicki A ne or P i SWORN TO AND SUBSCRIBED BE&ME ,THIS DAY OF; JL ', 90 otary MONWI AL&H OF PENNSYLVANIA ywi i Associates P.O. 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 NOTARIAL SEAL Cathedra Ross-Macaluso, Notary Pubk Solebury Twp., Bucks County My Commission ExOes March 3b; 2010 2309PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs ALEX E. ARNDT Defendant No. 06-4840-Civil Term ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. 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, ALEX E. ARNDT, 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, ALEX E. ARNDT, is more than 18 years of age and currently resides at 29 Riverview Road, Enola, PA 17025. 3. I have ascertained the above informat;'.ern b-)y personal investigation and make this affidavit with e au y. y r/ xr z Swo and sub;c r' e bef me ?15 day ug st 2 .rl//i - -- V . // ary CAiWEALTH OF PENNSYLVANIA NOTARIAL SEA CSV*6ne Ross-Macaluso, Notary Public Solebury Twp., Bucks County Commission Expires March 30-,2010 0 1 0 R ? ?1 T 1 2309PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: ALEX E. ARNDT 29 Riverview Road Enola, PA 17025 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs ALEX E. ARNDT Defendant No. 06-4840-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. Curtis R. Long (XX) Judgment by Default Prothonotary ( ) Money Judgment lsl&t4'?x R. [z ( ) Judgment in Replevin 91JU107 ( ) 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, Esq. KRZYWICKI & ASSOCIATES 49 North Sugan Road P.O. Box 505 New Hope, PA. 18938 215-862-4390 Attorney I.D. No.23754 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES, CORP., Plaintiff NO. 06-4840 CIVIL TERM V. ALEX E. ARNDT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Alex E. Arndt, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March 14, 2008 By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Alex E. Arndt 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES, CORP., Plaintiff NO. 06-4840 CIVIL TERM V. ALEX E. ARNDT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10 day of March, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Alex E. Arndt c? r7l •Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES, CORP., Plaintiff V. NO. 06-4840 CIVIL TERM CIVIL ACTION - LAW ALEX E. ARNDT, Defendant JURY TRIAL DEMANDED PETITION TO OPEN OR STRIKE DEFAULT JUDGMENT COMES NOW, Defendant, Alex E. Arndt, by and through his attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and files this Petition to Open or Strike Default Judgment. 1. This matter arises out of a motor vehicle accident which occurred on or about September 4, 2005. 2. On August 21, 2006, Plaintiff filed a Complaint in the Cumberland County Prothonotary's Office. The Verification attached to the Complaint was signed by Plaintiff's attorney. The Complaint was not verified by a representative of Plaintiff, PPL Electric Utilities Corp. A copy of the Complaint is attached hereto as Exhibit A. 3. Pursuant to Rule 1024 of the Pennsylvania Rules of Civil Procedure, the Verification must be signed by a party unless ... they are outside the jurisdiction of the court and none of the officers are available within the time for serving the pleading. The Verification does not state that the officers are outside of the jurisdiction of this Court. 4. On May 25, 2007, the Complaint was served on Defendant Arndt. Plaintiff alleges that on July 16, 2007, a 10-Day Notice of Default was sent to Defendant Arndt. 5. On August 20, 2007, the Lancaster County Prothonotary's Office entered a default judgment against Defendant Arndt. (A copy is attached hereto as Exhibit B.) 6. In late February 2008, Plaintiffs attorney sent Mr. Arndt a letter threatening to cancel his driving privilege unless the judgment was satisfied. A copy of the letter was sent to Mr. Arndt's insurance company. This is the first notice that Mr. Arndt's insurance company had of the lawsuit/judgment. 7. On March 13, 2008, the insurance carrier for Defendant Arndt contacted the undersigned counsel. Undersigned counsel contacted the Plaintiff's counsel and learned that a default judgment had been entered on August 20, 2007. 8. Defendant Arndt now files this Petition to Open or Strike Default Judgment. To open a default judgment, a party must: (1) promptly file a petition to open judgment; (2) provide a meritorious defense; and, (3) offer a legitimate excuse for the delay in filing a timely answer. Reid v. Boohar, 856 A.2d 156 (Pa. Super. 2004); Duckson v. Wee Wheelers, Inc., 432 Pa. Super. 251, 620 A.2d 1206 (1993). 9. In support of the Petition, Defendant Arndt states that he has a meritorious defense to this lawsuit. 10. According to the Complaint, a motor vehicle accident occurred on September 4, 2005, in the vicinity of 4703 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania. Defendant Arndt was the driver of a car that struck a utility pole. 11. Defendant Arndt will assert that he blacked out while driving his car. In Freifield v. Hennessey, 353 F.2d 97, 98 (1965), the Third Circuit, applying Pennsylvania law, held that an automobile operator who, while driving is suddenly stricken by an unforeseeable loss of consciousness is not chargeable with negligence. See Lobert v. Pack, 337 Pa. 103, 9 A.2d 365, 2 367 (1939); Pagano v. Magic Chef, 181 F. Supp. 146 (E.D. Pa. 1969); Norvell License, 85 Pa. D. & C. 385 (Lycoming County, 1952). See also 28 A.L.R.2d 35-38 § 15; 8 Am. Jur.2d 244 § 698; 2 Harper and James, Law of Torts, pp. 920, 921 § 16.7. 12. In Lobert v. Pack, supra, the Supreme Court of Pennsylvania held that to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a person's volition. The law of torts does not suggest "that a person should be held responsible for injuries inflicted during periods of unconsciousness." Lobert at 107. 13. Defendant Arndt has never been a party to a lawsuit before this matter. He did not know what to do once he received the Complaint. He did not realize that he should have notified his insurance company that he had received a Complaint and related documents. 14. Defendant Arndt is currently unemployed. He is disabled because of health problems. Defendant Arndt does not have the financial resources to retain the services of a lawyer. 15. Counsel for Defendant Arndt was retained on March 13, 2008. On the same day, he placed a telephone call to Plaintiff s counsel. In addition, on March 14, 2008, he did mail an Entry of Appearance to the Cumberland County Prothonotary's Office. 16. Contemporaneous with the filing of this Petition, Defendant has filed the Answer with New Matter of Defendant Arndt. WHEREFORE, Defendant, Alex E. Arndt, respectfully requests this Honorable Court to grant this Petition and vacate the default judgment. 3 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March f '7 , 2008 By. AEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Alex E. Arndt U-r-- MIC 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES, CORP., Plaintiff NO. 06-4840 CIVIL TERM V. ALEX E. ARNDT, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this / 7 ?-N day of March, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Petition to Open or Strike Default Judgment, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: 1? V? ` MICHAEL B. S HEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Alex E. Arndt -? tel. c: - ,,?,. ?-? ?., %ri ? `??iC .' ', ,?? ?'? ?^}? ?? ? ^ .,," )e7x k cob I -? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. Q(p ...? Cf v t 1? vs. ARBITRATION ALEX E. ARNDT, Defendant. COMPLAINT NOTICE Yc. ha -e been suad in Court. :f yoi. w=sh to defend azainst the claims set forth in the following pa?e°, yDc r.,jst take action within twenty (20) days after .ais c::rplaint and notice are ser•7ed, by entering a written appearance personally or by attorney and filing in wri_ing with the court your defenses or otjectionz to the c_aimt sot forth against you. You are XhMTED THAT IF YOU FAIL TO DO 3o THE CASE MAY PROCEED WITHOUT you and a 7 udcgment may he entered again2t y,-:u by the court withe-;t further ncti.e for any m:r,ey claimea in :he complaint or fcr any other C'aim or relief requested by the plaintiff. You may lose :r:cney or prope-ty or other rights imccr=ant 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 (600) 9909108 rnGD-I CdCiQ 11 1'?iClo ),1-NQ=' q^:. 7 - p tl? _ IN THE COURT OF CO'NLMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. vs. ARBITRATION ALEX E. ARNDT, Defendant. COINtPL_4INT 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 plat: of business at Two North Ninth Street, Allentottin, Pennsylvania, 18101. 3. Defendant, ALEX E. ARNDT, is an adult individual residing at 29 Riverview Drive, Enola, Pennsylvania, 17025-2647. 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. r1cP-1 OIA 1?:11 171?,?h?3?' - P. ? COUNT I PPL ELECTRIC UTILITIES CORP. VS..ALEX E. ARNDT 5. Defendant, ALEX r. T> ??}rile operating a vehicle, damaged property owned by Plaintiff, 6. Defendant neg!i gently operated the ?,ehilcle in that he/she: a) operated said vehicle and/or equipment at an excessive rate of speed under the circumstances; b) failed to have said vehicle and/or equipment under proper and adequate control; C) failed to keep s proper 1cokout; d j operated said vehicle and/or. equipment in a reckless and careless manner; e) failed to keep vehicle and/or equipment in the proper lane of travel; f) failed to operate the vehicle and/or equipment within the posted speed lim?#_ or failei to --pirate the vel>iAe and/or equipment at a reasonable speed under th-? circumstances; g) failed to re*naia. 31ert anri atterive under the circumstances; h) operated the vehicle and/or equipment without due regard for the rights, safety and position of the plaintiff, i) operated the vehicle and/or equipment in a manner violating the statutes of the Corn mo%v.7-'alttt o Pewisyl ai is governitig the operation of vehicles and/or equipment L'abl,:c streets, highways and roadways; j) being i,eglibent at the 13w, 11HR-1 -? X35 _ : 11 1 ? ? ;?. P. 04 1 :,• 7 :? _' (? ii ?' i i`I '? F T r k) such other acts or omissions constituting carelessness, negligence a_nd recklessness may be ascertained during discovery or developed at the time of trial. 7. Defendant struck and damaged a utility pole and Nvires owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of 4703 East Trindle Road, Hampden Township, Cumberland Countv, Pennsylvania, on or about September 4, 2005. 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 $17,122.52. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of S 17,122.52, including pre judgment and post-Judgment interest, punitive damages and delay damages as the law may allow. DATED: August 13, 2006 Respectfully submitted, K-RZYWICKI & ASSOCUTES By:?L' Anth y P. Krzywicki, Esq. C,C_f VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZIIVICI I, ESQ., verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not a,,'ailable 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 urtswom falsification to authorities. Dated: August 15, 2006 J ANTHO P. KRZYWICKI, ESQ. r?HP-1?-?305 13: 11 1215852439E 971:: P. 06 1 94 b 1 6p` +4 K D P- 2 'L7tt m s? C N Z W cn cr? q Q? P 0 ?xh?b? ? 2309PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: ALEX E. ARNDT 29 Riverview Road Encla, PA 17025 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law VS ALEX E. ARNDT Defendant No. 06-4840-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. Curtis R. Long i (XX) Judgment by Default Prothonotary ( ) Money Judgment ( ) Judgment in Replevin 8I°ZOfo7 ( ) 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, Esq. KRZYWICKI & ASSOCIATES 49 North Sugan Road P.O. Box 505 New Hope, PA. 18938 215-862-4390 Attorney I.D. No.23754 PPL ELECTRIC UTILITIES, CORP., Plaintiff VS. ALEX E. ARNDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4840 CIVIL JURY TRIAL DEMANDED IN RE: PETITION TO OPEN OR STRIKE DEFAULT JUDGMENT ORDER AND NOW, this `Y day of March, 2008, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. depositions shall be completed within forty-five (45) days of this date; 5. argument shall be held on Friday, June 6, 2008, at 1:30 p.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Kevi . Hess, J. ??j no ? Y C; l 1 ? ? I 1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 06-4840 Civil Term VS. : ARBITRATION ALEX E. ARNDT, Defendant. PLAINTIFF'S REPLY TO DEFENDENTS' PETITION TO OPEN OR STRIKE DEFAULT JUDGMENT 1. Admitted. 2. Admitted. 3. Denied. By way of further answer, the Verification did comply with Rule 1024. Attached as Exhibit "A" is a copy of the Verification. 4. Admitted. 5. Admitted. 6. Denied. By way of further answer, the insurance carrier was aware of the accident and denied coverage. See attached Exhibit "B" and "C." 7. Denied. 8. Denied as a conclusion of law to which no answer is deemed required. 9. Denied. 10. Admitted. 11. Denied as a conclusion of law to which no answer is deemed required. 12. Denied as a conclusion of law to which no answer is deemed required. I 13. Denied. Defendant was informed by Notice. See Exhibit "D." 14. Denied. 15. Denied. 16. Admitted. KRZYWICKI & ASSOCIATES DATED: March 28, 2008 By: Afthony P zywicki, Esq. P.O. B99-505 New o e a (215) 8624390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Mule 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 ate 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: August 15, 2006 P. KRZYWICKI, ESQ. EXHIBIT "A" c? PPL Two• North Ninth Street Allentown, PA 18101-1179 Tel. 800.748.7104 www.pptweb.com June. 12, 2006 Allstate Insurance Company - Harrisburg, Pa (Flank Drive) 6345 Flank Drive, Suite 1000 Harrisburg,.PA 17112 Re: Our Claim No: 2005-02807 Your Claim No: Unknown Your Policy No: 908-1088-152 % • pp, ` TM Our information reveals that on September 4, 2005, your insured caused damage to our Company's facilities at 4703 E. Trindle Road, in Hampden Township, Cumberland County, Pa. The necessary repairs associated with this.'accident amount to $•12,667.02, for which our invoice is enclosed. We understand you are the insurance carrier for Alex E Arndt; therefore, we will appreciate your early remittance in the amount of our invoice. To ensure proper credit, please return the top portion of our invoice along with your payment, made payable to PPL, sending same to PPL Corporation, Attn: Claims Department GENTW-5, P.O. Box 25222,'Lehigh Valley, Pennsylvania 18002-5222. Please reference our property damage claim number 2005-02807. If you. have any questions regarding this matter, please contact our office at the abdve address or call (800) 748-7104. Sincerely, /s/ Thomas R. Halma Sr Claims Coordinator Enclosure cc: Alex E Arndt (for your information only - no bill attached) ogc2a.doc EXHIBIT "B" HARUSBURG 6345 RRISBURG DP71 22-65 000 (WAI1state*HHA Youte in good hands. Iltl'I'II'I111'I?'111111'?IIII?IIII'Itllllllll'IIIIf1?Illllll) PP & L 2 N 9TH ST ALLENTOWN PA 18101-1139 June 16, 2006 INSURED: ALEX ARNDT DATE OF LOSS: September 04, 2005 - CLAIM NUMBER: 1555203361 B34 Your Claim: 205-02807 Dear Mr. Thomas Halma: PHONE NUMBER: 800-726-8890 FAX NUMBER: 717-540-7540 OFFICE HOURS: Mon - Fri 8:00am - 5:30pm In follow up to our conversation today, please be advised that Mr. Amdes auto policy limits of $5,000 for property damage have been exhausted. If you have any questions, please. contact me at 717-540-7578. Sincerely, (FA E ,VIERT.VS FAYE MERTUS 717-540-7578 Allstate Indemnity Company EXHIBIT "C" GEM001 1555203361 B34 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs, ALEX E. ARNDT, Defendant. Civil Action - In Law No. ARBITRATION COMPLAINT aro'rxcs 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 MUM THAT it YOU FAIL TO DO SO TRZ CA3S MY PROCZZD 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, 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 0 ?9 0 0 (717) 249-3166 _ (800) 990-9108 7, u ; mr;, "T. ' G3 re,:r _ Fn 7 7 rn r:. N ? J ^ r F`' "P .. m I W cs7 EXHIBIT "D" . % . 1 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Plaintiffs Reply to Defendants' Petition to Open Judgment by depositing copies thereof in the United States mail, addressed as follows: Michael B. Scheib, Esquire Law Offices of Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, Pennsylvania 17042-3737 Dated: April 2, 2008 *ion y Krzywicki PO X New Hope, PA 18938 Attorney for Plaintiff Attorney ID No. 23754 co ? co ? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES, CORP., Plaintiff V. NO. 06-4840 CIVIL TERM CIVIL ACTION - LAW ALEX E. ARNDT, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF ALEX E. ARNDT I, Alex E. Arndt, being duly sworn and under oath, state the following: 1. I, Alex E. Arndt, was involved in a motor vehicle accident on September 4, 2005. My vehicle apparently struck a utility pole. 2. I believe that I blacked out shortly before the accident occurred. I do not have any recollection of my vehicle leaving the travel portion of the road or of my vehicle striking the utility pole. 3. Prior to this accident, I did not consume any drugs or alcohol. I do not know why I blacked out or have any warning that I was about to black out. I do not believe that I could have done anything to prevent the blackout. 4. After the accident, I was examined by a doctor. He performed various tests. He was not able to explain why I blacked out. The doctor ultimately authorized me to drive a motor vehicle. 5. At some time, I received the Complaint for this matter. I did not know what to do with it. I did not send it to my insurance company. Prior to this matter, I had never been sued. I did not know that I should have sent the Complaint to my insurance company. 1 6. Currently, I am disabled and unemployed. I do not have the financial resources to hire a lawyer. I did not ask any lawyer what to do with the Complaint. 7. Until recently, I did not realize that my insurance company would retain a lawyer to represent me. If I had known that the insurance company would hire a lawyer to represent me, then I would have sent the insurance company the Complaint when I received it. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Alex E. A dt Sworn and subscribed to before me this day of? , 2008. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carole E. SkVe, Notary Public City Of York. York County My C Ommissiort t E)Ores July 26, 2008 Member, Pennsylvania Association Of Notaries 2 ? d ??z ,? rr ? ? ? t', r?-?,. ? f ?,? ' ? ?' r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. ALEX E. ARNDT, Defendant. AFFIDAVIT STATE OF PENNSYLVANIA ) ss.. COUNTY OF BUCKS ) Civil Action - In Law No. 06-4840 Civil Term ARBITRATION I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the attached letter in the above matter, addressed to Defendant, ALEX E. ARNDT, at his last- known address, which is 29 Riverview Road, Enola, Pennsylvania, 17025, by regular mail, postage prepaid, under the exclusive care and custody of the United States Postal Service on September 11, 2007. P. KrzvwickieEsa. & ASSOCIATES P.O. Box 505 New Hope, PA. 18938 (215) 862-4390 PA Attorney ID #23754 Sworn to and subscribed before me this I r day of JU(1 C 52008. N OVARY PUBLIC MOI?IIIAt l?At AW M O{A JOW 11010P pum 101iewl "A aqm COYNIX MY COMMUlon EsPNN No 14, nu 2309PD LAW OFFICES KRZYWICKI & ASSOCIATES P.O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 (800) 296-2103 September 11, 2007 ALEX E. ARNDT 29 Riverview Road Enola, PA 17025 RE: PPL Electric Utilities Corp. vs. ALEX E. ARNDT Dear Mr. ARNDT: A judgment has been entered against you on August 20, 2007 in the Court of Common Pleas of CUMBERLAND County in the amount of $17122.52. I will send you a copy upon your written request or you may also contact the courthouse. This letter is written in an attempt to collect this debt and any information obtained as a result will be used for that purpose. Unless you notify me within thirty (30) days that you dispute this debt, or any portion of it, I must assume that it is valid. Unless any undisputed amount is paid in full or alternative arrangements are made within thirty (30) days, I will request that the Sheriff sell your property. During the Sheriff Sale process the Sheriff will give you credit for any amounts which you have paid on the judgment prior to sale. Of course the sheriff will also add to your liability the Sheriff costs. I urge you to act now by calling me at 1-800-296-2103 or 1-215-862-4390, or by sending full payment by certified or cashier's check to PO Box 505, New Hope, PA 18938 I uravou/L?dlcontact me before further costs are incurred. S ALJ,k6ny P. Krzyw ci, Esq. Attorney for Plaints APK:asi ra PPL ELECTRIC UTILITIES, CORP., Plaintiff Vs. ALEX E. ARNDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4840 CIVIL JURY TRIAL DEMANDED IN RE: PETITION TO OPEN OR STRIKE DEFAULT JUDGMENT BEFORE HESS, J. ORDER AND NOW, this 2 G 0- day of June, 2008, the petition of the defendant to open/strike judgment is DENIED. BY THE COURT, ? Anthony P. Krzywicki, Esquire For the Plaintiff / v Michael Scheib, Esquire For the Defendant Am Copt'es rhat'LL ??, ? 2 t t bkN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. ALEX E. ARNDT, Plaintiff, Civil Action - In Law No. 06-4840 Civil Term ARBITRATION Defendant. AFFIDAVIT OF MOTOR VEHICLE JUDGMENT STATE OF PENNSYLVANIA) SS.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, caption is due to a motor vehicle accident. Sworn to and subscribed before me this day of C 2009. Anthony P. Kdywicki, I Attorney for Plaintiff KRZYWICKI & ASSC P.O. BOX 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID #23754 above referenced TES, P.C. NO AR PUBLIC 20 n9 A?J -i 10 'i° i;y' i. Gk- /U,2 3 9