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Home My WebLink About08-4195IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. DALE CASSEL and PENNSYLVANIA DEPARTMENT OF TRANSPORTATION a/k/a PENNDOT, ARBITRATION Defendants. 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 WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In L No. vg- y / 9s ?d- vs. DALE CASSEL and ARBITRATION PENNSYLVANIA DEPARTMENT OF TRANSPORTATION aWa PENNDOT, : Defendants. COMPLAINT 1. This is an action by plaintiff, UGI UTILITIES INC. to recover damages from defendant arising out of a debt the defendants owes to plaintiff by virtue of a utility service. 2. UGI UTILITIES INC. 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 One UGI Center, Wilkes-Barre, PA, 18711. 3. Defendant, DALE CASSEL, is an adult individual whose residence is unknown, but who is employed by Defendant, PENNDOT. 4. Defendant, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION a/k/a PENNDOT (hereinafter PENNDOT), is a department of the Commonwealth of Pennsylvania with its principal place of business at 540 West North Street, Carlisle, Pennsylvania, 17013. 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 UGI UTILITIES INC. VS. DALE CASSEL NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, DALE CASSEL, violated the Underground Utility Line Protection Law, Act 187 of 1996 in that he: a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendant, DALE CASSEL; and d) did not hand dig a test hole to identify location of the gas line. 8. Defendant, DALE CASSEL, while operating a gradall excavator, on or about September 25, 2006, struck and damaged an underground active gas utility line owned and operated by UGI UTILITIES INC. at the vicinity of Shepherdstown Road, Mechanicsburg, Cumberland County, Pennsylvania. 9. Defendants' 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, DALE CASSEL, to repay the sums then due and owing to Plaintiff, but Defendant, DALE CASSEL, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $29,612.10, including costs and attorneys fees. WHEREFORE, Plaintiff UGI UTILITIES, INC. demands judgment against the Defendants, in an amount in excess of $29,612.10, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. DALE CASSEL COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 above are incorporated by reference as if fully set forth. 13. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to September 25, 2006. 14. Defendant, DALE CASSEL, did not exercise due care and did not take all reasonable steps to avoid damage to the active gas utility line owned by UGI UTILITIES INC., in that he; a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiff underground utility lines; C) determined that markings identifying the location of the utility line were not clear but continued to dig in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, DALE CASSEL, determined that the markings were not clear; e) did not hand dig a test hole to identify location of the gas line; and WHEREFORE, Plaintiff UGI UTILITIES INC. demands judgment against the Defendants, in an amount in excess of $29,612.10, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III UGI UTILITIES INC. VS. PENNDOT VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, PENNDOT, was the owner of the gradall excavator that struck and damaged an underground active gas utility line. 17. Defendant, PENNDOT, permitted and encouraged the actions of its agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 18. Defendant, PENNDOT, is vicariously responsible for the actions of its agents and employees. 19. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 20. The aforementioned damages were the direct and proximate result of the negligence of Defendant, PENNDOT, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a gradall excavator more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant's employee, in the operation of his/her gradall excavator; b) negligently and carelessly failing to properly supervise the operation and control of said gradall excavator; and c) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $29,612.10. WHEREFORE, Plaintiff UGI UTILITIES INC. demands judgment against the Defendant, in an amount in excess of $29,612.10, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES DATED: July 9, 2008 Attorney for Plaintiff Attorney I.D. 23754 215-862-4390 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, 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: July 9, 2008 CO) 1 V F C"f C 7f? ~ .fi' ZP C.J C?'3 Ca fx f 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CASSEL DALE ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASSEL DALE the DEFENDANT, at 1548:00 HOURS, on the 22nd day of July 2008 at 540 W NORTH STREET CARLISLE, PA 17013 DAN STORM, ADULT IN CHARGE 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 Service Affidavit Surcharge -7/??b? 18.00 5.00 .00 10.00 .00 ? 33.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 07/24/2008 KRZYWICKI & ASSOCI TES By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR I 1 CASE NO: 2008-04195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CASSEL DALE ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PENNSYLVANIA DEPARTMENT OF TRANSPORTATION A/K/A PENNDOT the DEFENDANT, at 1548:00 HOURS, on the 22nd day of July , 2008 at 540 W NORTH STREET CARLISLE, PA 17013 by handing to DAN STORM, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: /? t R. Thomas Kline 07/24/2008 KRZYWICKI & ASSOCIATES By: Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CASSEL DALE 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 to wit: OFFICE OF ATTORNEY GENERAL TORTS LITIGATION SECTION but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 24th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 ' Surcharge 10.00 ThomcyA Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage .76 67.01 ? '7/a,/ V.T 9- 07/24/2008 KRZYWICKI & ASSQCIATES Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc VS. Dale Cassel et al 08-4195 civil SERVE: Office of Attorney General No. Torts Litigation Section Now, July 16, 2008 , 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. ,y Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 320 COSTS SERVICE MILEAGE AFFIDAVIT County, PA 6 ('etfirt of the ?$hcrfrf May Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin UGI UTILITIES INC. VS OFFICE OF ATTORNEY GENERAL - TORTS LITIGATION SECTION Sheriffs Return No. 2008-T-1594 OTHER COUNTY NO. 084195 And now: JULY 18, 2008 at 9:52:00 AM served the within NOTICE & COMPLAINT upon OFFICE OF ATTORNEY GENERAL - TORTS LITIGATION SECTION by personally handing to SHERI MCMICHAEL 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at STRAWBERRY SQUARE HARRISBURG PA 17101 PERSON IN CHARGE Sworn and subscribed to before me this 18TH day of July, 2008 Aj?w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County [My Commission Expires Set 1, 2010 So Answers,! Sheriff o auphi C By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 7/17/2008 Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 UGI UTILITIES INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. DALE CASSEL and PENNSYLVANIA No. 08-4195 Civil Term DEPARTMENT OF TRANSPORTATION a/k/a PENNDOT Defendants ENTRY OF APPERANCE Please enter my appearance on behalf of Defendants, Dale Cassel and Pennsylvania Department of Transportation a/k/a PennDOT, in the above-captioned matter. Respectfully submitted, By: Senior Deputy Attorney Dated: July 29, 2008 THOMAS W. CORBETT, JR. ATTORNEY GENERAL CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Entry of Appearance upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 (Counsel for Plaintiff) By: N C. GOULD, D. # 156 Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: July 29, 2008 C c__.a _.r7 c ? C-1 Cl -r f_: ft) :. is IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. 08-4195 Civil Term DALE CASSEL and ARBITRATION PENNSYLVANIA DEPARTMENT OF TRANSPORTATION a/k/a C, PENNDOT, ` we- Defendants. y PRAECIPE TO SETTLE,DISCONTINUE,AND END ° TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. KRZYWICKI& ASSOCIATES, P.C. DATED: March 19, 2013 BY: Ant ony P. uire P. . Bo New .. ope,PA 189 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754