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Home My WebLink About06-5182IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action 5- hi Law - 01 l: l u l C -1&,n Plaintiff, No. 01. - Vs. KIRBY L. FRAKER, ARBITRATION Defendant. COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are MFMM TMT I! You TAIL TO DO 80 TER CUR MY PROCEED WXTROUT you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LANYER 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 CET LEGAL HELP. MRLAND COUNTY BAR ASSOCIN 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. p(. - 51 Jw2 vs. ARBITRATION KIRBY L. FRAKER, 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 Plain iff, 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, KIRBY L. FRAKER, is an adult individual residing at 320 East North Street, Carlisle, Pennsylvania, 17013. 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. KIRBY L. FRAKER 5. Defendant, KIRBY L. FRAKER, 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; f) 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 7249 Werizville Road, Silver Spring Twp., Cumberland County, Pennsylvania, on or about October 9, 2004. 8. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 9. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 10. Plaintiff has been damaged in the amount of $5,585.60. WHEREFORE, Plaintiff PPL ELECTRIC umxnE5 CORP. demands judgment against the Defendant in an amount of $5,585.60, including costs, pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: August 23, 2006 By 4 l {n M1 1?y V c> o o -n 1 U 'r. 1r t ?? h SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05182 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS FRAKER KIRBY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FRAKER KIRBY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT , FRAKER KIRBY L 320 EAST NORTH STREET CARLISLE, PA 17013 DEFENDANT HAD BEEN IN PERRY COUNTY PRISON. HE IS NOW BELIEVED TO BE IN STATE PRISON Sheriff's Costs: So answer Docketing 18.00 Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.40,/ io/1410(' C-A? Sworn and Subscribed to before me this day of A. D. KRZYWICKI & ASSOCIATES 09/19/2006 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. 2006-05182P vs. KIRBY L. FRAKER, Defendant. PRAECIPE TO REINSTATE COWLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint against the Defendant (s) in the above-captioned Civil Action for an additional thirty (30) days. DATED: November 13, 2006 BY: KRZYWICKI & ASSOCIATES ? C? ° [1. - ? -* =;? -? - r r ' , tr ? t? ?? ''' , ?, ? ,?. _`, C'`?' `4 • -. tti% 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. 2006-05182P VS. ARBITRATION KIRBY L. FRAKER, 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: January 24, 2007 KRZYWICKI SOCIATES C-) t? "1 m ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS FRAKER KIRBY L 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 to wit FRAKER KIRBY L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 12th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So ans Docketing 18.00 Out of County 9.00 --- Surcharge 10.00 R. Thomas Kline Postage .39 Sheriff of Cumberland C my .00 37.39 ? 01/12/2007 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common fleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp vs. Kirby L. Fraker No 06-51821 ivil No. Now, January 9, 2007 , I, SHERIFF OF CUMBERLAND hereby deputize the Sheriff of Perry County to ex deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Affidavit of Service Now, 20 , at o'clock c within upon at by handing to - a and made known to copy of the original the So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT r, PA, do Writ, this ty, PA 1. served the thereof. County, PA SHERIFF'S RETURN In the Court of Common P Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2006-5182 Cumberlan PPL Electric Utilities Corp VS Kirby L. Fraker RR2 Box 274. Loysville, PA 17047 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he ma diligent search and inquiry for the within named Defendant(s) to wit Kirby L. but was unable to locate him/her in his bailiwick. He therefore returns the w Complaint, for the above named Defendant(s) Kirby L. Fraker at RR2 Bi Loysville, PA 17047, NOT FOUND. DEFENDANT IS AN INMATE A7 FOREST, INMATE # GN 6942. Sincerely, Carl E. Nace Sworn and subscribed to before me Sheriff of Perry C this /6? lk day of-T6 KKF , 2007. ounty a r, 274 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS FRAKER KIRBY L 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 , to wit: FRAKER KIRBY L but was unable to locate Him deputized the sheriff of FOREST serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 1st , 2007 , this office was in receipt of the attached return from FOREST Sheriff's Costs: So answers• Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Forest County 37.61 Sheriff of Cumberland County Postage .63 75.24 a-3) D7/o? 03/01/2007 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of , in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp VS. Kirby L. Fraker No. 06-5182 civil Now, February 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of /forest 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, February 23 , 20 o7 at 10: 32 o'clock A_ M. served the within Notice and Complaint upon Kirby L. Fraker at SCI Forest, 1 Woodland Drive, Marienville, PA 16239 by handing to Kirby L. Fraker a true copy of the original Notice and Com! 1 ai n and made known to Kirby L. Fraker the contents thereof. So answers, Sworn and subscribed before me this A?qday of "I b, , 20_L?_ All ?JmnL,?Mllna - A 4=1 Sheriff of Forest Coun , PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT 2325PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs KIRBY L. FRAKER Defendant No. 06-5182-Civil Term ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utilities Corp. vs. KIRBY L. FRAKER Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, KIRBY L. FRAKER for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 4030.10 Fees: $ 1400.00 Court Costs: $ 55.50 Service Costs: $ 100.00 TOTAL $ 5585.60 together with interest thereon from the date of judgment forward and all costs of this action. 2325PD I hereby certify follows: 1. The true and Utilities Corp., is 2 2. The true and FRAKER, is I Forest PA 16239 7 ?lb'//wwlc Il? 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, KIRBY L. 1 Woodland Dr, Marienville, CUMBERLAND County, KrzywickVand /Associates DATED: June 12, 2007 By: Ki Z r?nL Zny 49 S Road P O. Hope P18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 In The Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp VS. Kirby L. -raker No. 06-5182 civil Now, February 16, 2007 , I, SBERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of /forest deputation being made at the request and risk of the Plaintiff. County to exectrte this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, February 23 20 07 , at 10:32 o'clock A M. Served the within Notice and Complaint upon Kirby L. Fraker at SCI Forest, 1 Woodland Drive, Marienville, PA 16239 by handing to Kirby L. Fraker a true copy of the original Notice aid Complaint and made known to Kirby L. Fraker the contents thereof. So answers, Sworn and subscribed before me this ,?i-?(day of - 20?'7 ?J '+ " Z1 j ? ' - ' ly U 424 -. Sheriff of Forest Coun ,PA COSTS SERVICE MILEAGE _ AFFIDAVIT 2325PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs KIRBY L. FRAKER Defendant Civil Action - In Law No. 06-5182-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, KIRBY L. FRAKER, 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. Krzywick DATED: June 12, 2007 By: ciates r-nz o r . n F yws 49 rth Su n ad P. Box 5 ew Hope, I.PK 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 No. 2006-05182P Plaintiff, vs. KIRBY L. FRAKER, Defendant(s). : NOTICE TO: KIRBY L. FRAKER Inmate #GN 6942 SCI Forest 1 Woodland Drive Marienville, PA. 16239 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 maybe 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 (717) 249-3166 (800) 990-9108 DATE: May 23, 2007 BY: KRZYWICKI & ASSOCIATES Few on 'cEsq. ox 50Hope, 938 (215) 862-4390 Attorney I.D. 23754 2325PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs KIRBY L. FRAKER Defendant(s) No. 06-5182-Civil Term 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 ?T? D fault pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first c it on 05/23/2007. Anth P. ZA icki Att ey foaintif , Kr icki a sate s P. . Box 50 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED AI T#4 OF _0P ""I VAKi, Catherine Rosa L,so, Notary Pub CQhiMONWEALT H OF PENNSYLVANIA NOTARIAL SEU', Catwm Ross-Macaluso, Notary Public Solebury Twp., Buds Cotolly Ctxnmi ssion Expires March X 2010 2325PD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff Civil Action - In Law vs KIRBY L. FRAKER Defendant No. 06-5182-Civil Term ARBITRATION AFFIDAVIT OF NOIV-MILITARY SERVICE STATE OF /2,2rot"/ ss. COUNTY OF 51 Q 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, KIRBY L. FRAKER, 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, KIRBY L. FRAKER, is more than 18 years of age and cur entl r sides at SCI Forest 1 Woodland Dr, Marienville, PA 16 2 3 91 ?jn?? N 69y? . 9 3. I have ascertained the above inforgtion by personal investigation and make this affidavit wi?X d'Lie authority. Swor d subscri d befo meiday gf e 2007 .,.8 _ Al, ./ / or-ary 40MM0KWtEA1.TM OF, P6N0ftvnA 140TARIAL SEAL' Public Catherine RowMacaluso, Notary SoW&M Twp., Bucks County My Commission Expires March 10, 2010 ? r? `?. :_ ? -st 4 --r, ,- --?- --?, ?, ?_ "MJ ? ? - s4J 'f A w ?- ` ? --? t`,3 `":y -?. rte" ? .- .? y .?- w t.." s `??-++, as ??,, ,_k't,'lai•^ ??,'• •1'L.Ft? iv'YNCs".4?•5t: ....n. .... A ' ,. . .. ??. - 2325PD OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO : KIRBY L . FRAKER, 4I9/14k v wo? SCI Forest 1 Woodland Dr Marienville, PA 16239 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs KIRBY L. FRAKER Defendant Civil Action - In Law No. 06-5182-Civil Term ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) Judgment ( ) Money Ju ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment Curtis R. Long by Default Prothonotary 3gment in Replevin for Possession 41,0 C7 on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754