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Home My WebLink About06-6755 . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA PPL ELECTRIC UTILmES CORP., Plaintiff, Civil Action - In Law No. 01.. -1-1~ ARBITRATION VS. L YDA R. GALLAGHER, aJk/a L YDA KRONE GALLAGHER, Defendant. COMPLAINT NOTI:Cl!l You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO 'l'BE CASE MAY PROCEED WJ:'l'BOOT you and a jUdgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PLEASE GIVE THIS PAPER TO YOUR INSURANCE CARRIER INMEDIATELY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVBNUB CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 C; (.JL'--r~ )0 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No.O{. -t.'1SS (!lu;L'--r~ ARBITRATION vs. L YDA R. GALLAGHER, alk/a L YDA KRONE GALLAGHER, Defendant. COMPLAINT 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 place of business at Two North Ninth Street, Allentown, Pennsylvania, 18101. 3. Defendant, L YDA R. GALLAGHER alk/a L YDA KRONE GALLAGHER, is an adult individual residing at 335 N. East 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 Plaintiirs Tariff presently on file with the Public Utility Commission. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06755 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS GALLAGHER LYDA R AKA LYDA KRON MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GALLAGHER LYDA R A/K/A LYDA KRONE GALLAGHER the DEFENDANT , at 1455:00 HOURS, on the 19th day of January , 2007 at 162 KONHAUS ROAD MECHANICSBURG, PA 17050 by handing to LYDA GALLAGHER 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 18.00 7.92 .00 10.00 .00 35.92/.0'\ 01/22/2007 \-~~ KRZYWICKI &..ASS~/.I TES ..,. R. ...../.~... ..... By: ~~L{... .... r Deputy Sheriff --- So Answers: ~~~<~ R. Thomas Kline Sworn and Subscibed to before me this day of A.D. .. COUNT I PPL ELECTRIC UTILITIES CORP. VS. L YDA R. GALLAGHER. a/kIa L YDA KRONE GALLAGHER 5. Defendant, L YDA R. GALLAGHER, alk/a L YDA KRONE GALLAGHER, 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; and 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, and overhead facilities owned and operated by PPL ELECTRIC UTILITIES CORP. in the vicinity of 51 Konhaus Road and 945 West Trindle Road, Silver Spring Township, Cumberland County, Pennsylvania, on or about April 4, 2005. 8. Defendant struck and damaged a utility pole and facilities, which caused a fault in the circuit thereby causing three (3) phase conductors to bum down. 9. Defendant's actions or inaction 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 $8,809.26. WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $8,809.26, including costs, pre-judgment and post-judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, By: on P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 DATED: October 26, 2006 '" VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I am the attorney for PPL ELECTRIC UTILTIES CORP. in the within case; that the Plaintiff is not available within the time for serving the foregoing to provide its 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 business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Conso!. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Dated: October 26, 2006 J;:j p ~ t ~ Yi ........ ....... (3 8 ~. ~ ~ '"' ~ r:-;1 r-.......) ~ CI) . ---1 -~ ~ ... ;:l1~ f' , --.J -J:- oot-.-"" -.-,. ., -~~ ~_.- .. CJ-'l :"lJ C" .< KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. P.O. Box 505 New Hope, P A 18938 (215) 862-4390 Attorney for Plaintiff Attorney J.D. 23754 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UillITlES CORP., Plaintiff, Civil Action In-Law No. 2006-6755 VS. L YDA R. GALLAGHER, alkJa L YDA KRONE GALLAGHER, Defendant. 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. BY: Esq. DATED: January 4, 2007 () c :s.::. \Jr:~ rTlr; , ~,. 0) 2 <::: >C~, ~L() :Pc ~ r--;) <= <= --.I <- > z ~ ~.fJ -om :ny ~Q -,-~., , (.~~ 2:~n ~) ~ )> ~ -.J ::0- ::r.: ~ o U) SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06755 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS GALLAGHER LYDA R AKA LYDA KRON R. Thomas Kline ,Sheriff or Deputy Sheriff, ho being duly sworn according to law, says, that he made a diligen search and inquiry for the within named DEFENDANT GALLAGHER LYDA R A/K/A LYDA KRONE GALLAGHER but was unable to locate Her in his bailiwick. He therefore ret ns the COMPLAINT & NOTICE the within named DEFENDANT KRONE GALLAGHER 335 N EAST STREET CARLISLE, PA 17013 , NOT F , GALLAGHER LYDA R A/K/A PER CURRENT RESIDENT, DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing Service Not Found Surcharge /ICi/O 7 L~ 18.00 4.40 5.00 10.00 .00 ./ 37.40 So R. Thoma Sheriff of Cumlj KRZYWICKI & ASSOCIATES 12/12/2006 me this Sworn and Subscribed to before A.D. day of D , as to DA KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.G. Box 505 New Hope, P A. 18938 (215)862-4390 Attorney for Plaintiff Attorney ID. 23754 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------)( PPL ELECTRIC UTILITIES CORP., Plaintiff Civil Action No. 06-6755 C\V\L VS. L YDA R. GALLAGHER, a/k/a L YDA KRONE GALLAGHER Defendant( s). ------------------------------------------------------------------------)( PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendant, Lyda R. Gallagher a/k/a Lyda Krone Gallagher ONLY, without prejudice upon payment of your cost only. BY: KRZYWICKI & DATED: April 6, 2007 t'-..3 = = ......, ;or.... -::; :;::; o " --4 I..." rn~ , -nrr1 ':JC :'~3(Lj N N \.0 ;j~~ .,--\ :Po ;::0 -<