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HomeMy WebLinkAbout08-5659 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 02. 51v59 Civic ler?M VS. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING and VERIZON COMMUNICATIONS, INC. Defendants. COMPLAINT NOTICE You have been sued in Court. If you wish to depend 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 PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. o?-S-(, ??„I fuw vs. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING and VERIZON COMMUNICATIONS, INC. Defendants. COMPLAINT This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant arising out of damage to property owned by PPL ELECTRIC UTILITIES CORP. 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, 18101-1179. 3. Defendant, JEREMY ROBINSON, is an adult individual whose present whereabouts are unknown but is employed by Defendants, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING. 4. Defendant, JOSEPH FISHER, upon information and belief, is the owner of the unincorporated business Defendant, FISHER SEALCOATING AND PAVING, who is an adult individual currently residing at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 5. Defendant, JMF UNDERGROUND, INC., is a Pennsylvania corporation with a principal place of business at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 6. Defendant, FISHER SEALCOATING AND PAVING, is an unincorporated business with a principal place of business at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 7. Defendant, VERIZON COMMUNICATIONS, INC. is a Pennsylvania corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 1717 Arch Street, 32"d Floor, Philadelphia, Pennsylvania, 19103. 8. 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. JEREMY ROBINSON NEGLIGENCE PER SE 9. The allegations contained in Paragraphs 1 through 8 above are incorporated by referenced as if fully set forth. 10. Defendant, JEREMY ROBINSON, while boring for Defendants, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, subcontractor for Defendant, VERIZON PENNSYLVANIA, INC., 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) determined that markings identifying the location of the utility line were not clear but continued boring with a directional boring machine in the area eventually severing an active gas line risking a catastrophe; e) did not hand dig a test hole to identify location of the underground facilities; 11. Defendant, JEREMY ROBINSON, on or about May 5, 2008, struck and damaged primary conductors, transformer grounding ring and street light conductor owned and operated by PPL ELECTRIC UTILITIES CORP. in the vicinity of 443 Bethany Drive, Mechanicsburg, Cumberland County, Pennsylvania. 12. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 13. Plaintiff made demand on Defendant, JEREMY ROBINSON, to repay the sums then due and owing to Plaintiff, but Defendant, JEREMY ROBINSON, ilas refused to pay Plaintiff. 14. Plaintiff has been damaged in the amount of $7,362.36, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP., demands judgment against the Defendants, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. JEREMY ROBINSON COMMON LAW TORT 15. The allegations contained in Paragraphs 1 through 14 above are incorporated by reference as if fully set forth. 16. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to May 5, 2008. 17. Defendant, JEREMY ROBINSON, did not exercise due care and did not take all reasonable steps to avoid damage to the primary conductors, transformer grounding ring and street light conductor owned by PPL ELECTRIC UTILITIES CORP., 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; and c) determined that markings identifying the location of the utility line were not clear but continued to dig in the area eventually striking underground facilities risking a catastrophe. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III PPL ELECTRIC UTILITIES CORP. VS. JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 18. Paragraphs 1 through 17 are incorporated by reference as if fully set forth herein. 19. Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, were the owners of the directional boring machine that struck and damaged primary conductors, transformer grounding ring and street light conductor. 20. Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, permitted and encouraged the actions of their agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 21. Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, are vicariously responsible for the actions of its agents and employees. 22. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 23. The aforementioned damages were the direct and proximate result of the negligence of Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a directional boring machine 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 directional boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said directional boring machine; and c) otherwise failing to exercise reasonable care under the circumstances. 24. Plaintiff has been damaged in the amount of $7,362.36. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP., demands judgment against the Defendant, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT IV PPL ELECTRIC UTILITIES CORP. VS. VERIZON PENNSYLVANIA, INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 25. Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein. 26. Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, were the general contractors for Defendant, VERIZON PENNSYLVANIA, INC., who struck and damaged primary conductors, transformer grounding ring and street light conductor. 27. Defendant, VERIZON PENNSYLVANIA, INC., is vicariously responsible for the actions of its agents and employees. 28. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 29. The aforementioned damages were the direct and proximate result of the negligence of Defendant, VERIZON PENNSYLVANIA, INC., including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to excavate more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, in installing conduit. b) negligently and carelessly failing to properly supervise the operation and control of aid boring; and c) otherwise failing to exercise reasonable care under the circumstances. 30. Plaintiff has been damaged in the amount of $7,362.36. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, wlc" ASSACIATES DATED: September 19, 2008 nK4 Y / / By; ?vntno F. Krz cki, Esquire P. ox 505 ew Hope A 18938 (215) 8 -4390 Attorney I.D. 23754 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: September 19, 2008 7c7 co ? ? ? c: rn Y • IK,? 77 `-`- G27 0 ra iT1 6. --r; {T y1 ° ° SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05659 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ROBINSON JEREMY ET AL 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 ROBINSON JEREMY but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , ROBINSON JEREMY 200 WEST LOCUST STREET MECHANICSBURG, PA 17055 PER JOSEPH FISHER, DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. HE IS BELIEVED TO BE LIVING IN ILLINOIS. Sheriff's Costs: So answe - Docketing 18.00 -" Service 10.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 ?o?a.P?oP V 43.00 KRZYWICKI & ASSOCIATES 10/21/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ROBINSON JEREMY 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 VERIZON COMMUNICATIONS INC to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 21st , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answer • Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas KKl-ine Dep Philadelphia 116.00 Sheriff of Cumberland County Postage .93 141.93 r/ jt,/;, b& 10/21/2008 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. CASE NO: 2008-05659 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ROBINSON JEREMY ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FISHER JOSEPH the DEFENDANT , at 1245:00 HOURS, on the 3rd day of October , 2008 at 200 WEST LOCUST STREET MECHANICSBURG, PA 17055 JOSEPH FISHER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 I b l P/o 8 (),,. .00 16.00 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 10/21/2008 KRZYWICKI & ASSOCIATES By day Deputy She ff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ROBINSON JEREMY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the JMF UNDERGROUND INC was served upon DEFENDANT at 1245:00 HOURS, on the 3rd day of October , 2008 at 200 WEST LOCUST STREET MECHANICSBURG, PA 17055 by handing to JOSEPH FISHER, OWNER 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 lal?S?OY 9v- 16.00 So Answers: R. Thomas Kline 10/21/2008 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy S iff of A.D. CASE NO: 2008-05659 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS ROBINSON JEREMY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FISHER SEALCOATING AND PAVING was served upon the DEFENDANT , at 1245:00 HOURS, on the 3rd day of October , 2008 at 200 WEST LOCUST STREET MECHANICSBURG, PA 17055 JOSEPH FISHER, OWNER by handing to 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 Service Affidavit Surcharge /c/2P/6 ff ?. So Answers: 6.00 .00 .00 7 10.00 R. Thomas Kline .00 16.00 10/21/2008 KRZYWICKI & ASSOCIATES Sworn and Subscibed to before me this of By: day Deputy S iff A. D. 7 t r In The Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp VS. Jeremy Robinson et al SERVE: Verizon Pennsylvania Inc No. 08-5659 civil Now, September 25 , .2008 ? I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now 0C-*31rZW q , 20 OF , at o'clock ?- M. served the within upon Vt,O7'01-1 R41700- -IC, at l? I ??? ?S? , ?ht ?a by handing to Q.lil-C- "?- a copy of the original and made known to So answers, 6U Sworn of the contents thereof. 7aGk.SS ON Si f County, PA a`'` _-?ss 5uc? 5? COSTS SERVICE $ O Y MILEAGE NOTARIAL SEAL - JAMILA JAMISON, Notary Public $ City of Philadelphia, Phila. County Commession Exp@' gs Fbru My 13, jJ12 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5659 Civil Term VS. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING, VERIZON COMMUNICATIONS, INC. and BKC GROUP INC., Defendants AMENDED 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 PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5659 Civil Term VS. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING, VERIZON COMMUNICATIONS, INC. and BKC GROUP INC., Defendants AMENDED COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant arising out of damage to property owned by PPL ELECTRIC UTILITIES CORP. 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, 18101-1179. 3. Defendant, JEREMY ROBINSON, is an adult individual whose present whereabouts are unknown but is employed by Defendant, BKC GROUP INC. 4. Defendant, JOSEPH FISHER, upon information and belief, is the owner of the unincorporated business Defendant, FISHER SEALCOATING AND PAVING, who is an adult individual currently residing at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. Defendant, JMF UNDERGROUND, INC., is a Pennsylvania corporation with a principal place of business at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 6. Defendant, FISHER SEALCOATING AND PAVING, is an unincorporated business with a principal place of business at 200 West Locust Street, Mechanicsburg, Pennsylvania, 17055. 7. Defendant, VERIZON COMMUNICATIONS, INC. is a Pennsylvania corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at 1717 Arch Street, 32nd Floor, Philadelphia, Pennsylvania, 19103. 8. Defendant, BKC GROUP INC., is an Indiana corporation with a principal place of business at 3653 County Road 427, Auburn, Indiana, 46706. 9. 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. JEREMY ROBINSON NEGLIGENCE PER SE 10. The allegations contained in Paragraphs 1 through 9 above are incorporated by referenced as if fully set forth. 11. Defendant, JEREMY ROBINSON, upon information and belief, while boring for Defendant, BKC GROUP, subcontractor for Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, subcontractor for Defendant, VERIZON PENNSYLVANIA, INC., 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) determined that markings identifying the location of the utility line were not clear but continued boring with a directional boring machine in the area eventually severing an active gas line risking a catastrophe; e) did not hand dig a test hole to identify location of the underground facilities; 12. Defendant, JEREMY ROBINSON, on or about May 5, 2008, struck and damaged primary conductors, transformer grounding ring and street light conductor owned and operated by PPL ELECTRIC UTILITIES CORP. in the vicinity of 443 Bethany Drive, Mechanicsburg, Cumberland County, Pennsylvania. 13. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 14. Plaintiff made demand on Defendant, JEREMY ROBINSON, to repay the sums then due and owing to Plaintiff, but Defendant, JEREMY ROBINSON, has refused to pay Plaintiff. 15. Plaintiff has been damaged in the amount of $7,362.36, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP., demands judgment against the Defendants, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. JEREMY ROBINSON COMMON LAW TORT 16. The allegations contained in Paragraphs 1 through 15 above are incorporated by reference as if fully set forth. 17. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to May 5, 2008. 18. Defendant, JEREMY ROBINSON, did not exercise due care and did not take all reasonable steps to avoid damage to the primary conductors, transformer grounding ring and street light conductor owned by PPL ELECTRIC UTILITIES CORP., 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; and c) determined that markings identifying the location of the utility line were not clear but continued to dig in the area eventually striking underground facilities risking a catastrophe. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III PPL ELECTRIC UTILITIES CORP. VS. BKC GROUP INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 19. Paragraphs 1 through 18 are incorporated by reference as if fully set forth herein. 20. Defendant, BKC GROUP, was the owner of the directional boring machine that struck and damaged primary conductors, transformer grounding ring and street light conductor. 21. Defendant, BKC GROUP, permitted and encouraged the actions of their agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 22. Defendant, BKC GROUP, are vicariously responsible for the actions of its agents and employees. 23. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 24. The aforementioned damages were the direct and proximate result of the negligence of Defendant, BKC GROUP, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a directional boring machine 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 directional boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said directional boring machine; and c) otherwise failing to exercise reasonable care under the circumstances. 25. Plaintiff has been damaged in the amount of $7,362.36. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP., demands judgment against the Defendant, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT IV PPL ELECTRIC UTILITIES CORP. VS. JOE FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING and VERIZON PENNSYLVANIA, INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 26. Paragraphs 1 through 25 are incorporated by reference as if fully set forth herein. 27. Defendant, BKC GROUP INC., was the subcontractor for Defendants, JOE FISHER, JMF UNDERGROUND, INC. and FISHER SEALCOATING AND PAVING, who was the general contractors for Defendant, VERIZON PENNSYLVANIA, INC., who struck and damaged primary conductors, transformer grounding ring and street light conductor. 28. Defendants, JOE FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING and VERIZON PENNSYLVANIA, INC., is vicariously responsible for the actions of its agents and employees. 29. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 30. The aforementioned damages were the direct and proximate result of the negligence of Defendants, JOE FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING and VERIZON PENNSYLVANIA, INC., including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to excavate more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, BKC GROUP INC., in installing conduit. b) negligently and carelessly failing to properly supervise the operation and control of aid boring; and c) otherwise failing to exercise reasonable care under the circumstances. 31. Plaintiff has been damaged in the amount of $7,362.36. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant, in an amount in excess of $7,362.36, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: November 17, 2008 Respectfully submitted, ;ony KI A SOCIATES Byz i, Es ire 5 18938 90 Attorney r Plaintiff Attorney I.D. 23754 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 unsworn falsification to authorities. Dated: November 17, 2008 CERTIFICATE OF SERVICE I hereby certify that on November 18, 2008, a copy of the forgoing Amended Complaint was mailed via First Class Mail to the following by placing same in a depository under the exclusive care and custody of the United States Postal Service addressed to the last-known address for Defendants' counsel or Defendant: Mr. Joseph Fisher 200 West Locust Street Mechanicsburg, PA 17055 JMF Underground, Inc. 200 West Locust Street Mechanicsburg, PA 17055 Fisher Sealcoating and Paving 200 West Locust Street Mechanicsburg, PA 17055 Verizon Communications, Inc. 1717 Arch Street, 32°a Floor Philadelphia, PA 19103 .TES DATED: November 17, 2008 B Ant ny P. VI/ywicki, E quire Box 5 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 ,_ C?- c? -? ? _.. C.:3 ?a- ?? ;"Y ?-.. .`1i f,r` i '? ,? ? ° ? I - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5659 Civil Term vs. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING, VERIZON COMMUNICATIONS, INC. and BKC GROUP INC., Defendants. STATE OF PENNSYLVANIA ) COUNTY OF BUCKS AFFIDAVIT OF SERVICE SS.: I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, JEREMY ROBINSON, at his last known address, which is 3653 County Road 427, Auburn, IN, 46706, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the Un' States Postal Service on November 28, 2008. A copy of the USPS receipts are annex ereto and made a part hereof. f P. ASSOCIATES P-kY. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID No. 23754 Sworn to and subscribed before me this Zo d day of , 2008. NOTA Y PUBLIC NOIMK :EAI AMY M GtAIGOW Notary IubBe iOtIK" TNR, BUCKI COUNTY MY Commission Expirss Mar 11, 2012 r' o CERTIFIED r, R ECEIPT C3 (Domestic Only, No Insuranc e Coverage Provided) Er : For delivery information visit our webs ite at www usps com o ';-.. , . . Ln Lr Postage $ ) O Certified Fee Return Receipt Fee (Endorsement Requi red) n C 43 Poetm Here red) C3 Restricted Delivery Fee rU (Endorsement Required) r-9 Total Postage & Fees 8 u1 C3 a ent o p? ? Ni% - . f? ; rreer,APG PO Box N . ? .. . .................. ........ . city, sta !P+ ?a c .c?n1 { 6" (O(o ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: KAf . Je?e.mv? ?o1r?+n S? ?3 Czu,tntl? (;oad Q21 6t, bj rn , `-I VC)4 , 2. Article Number (transfer from service A. Signature j/ ? Agent X t?' ? Addressee S. Receiyed-by *nte04MR) C. Date of liv D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7005 1820 0005 5503 9200 PS Form 3811, February 2004 Domestic Return Receipt Z b `1' `? 'T> n P-2 cc IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP.; Civil Action - In Law Plaintiff, No. 08-5659 Civil Term vs. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING, VERIZON COMMUNICATIONS, INC. and BKC GROUP INC., Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) SS.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, BKC GROUP INC., at their last known address, which is 3653 County Road 427, Auburn, IN, 46706, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the 1ted tates Postal Service on November 28, 2008. A copy of the. IJSI?S receipts are anr?ed hereto/anpade a part hereof. Att ey for 1 iff RZ A'_N>6'I & ASSO RTES P.O. I3o, _ 05 New L op? 1 18918 (2.15) 862-4390 PA Attorney 1D No. 23754 Sworn to and subscribed before me this q4-h day AP-Cemh? , 2008. N ARY PU LIC NOURUI iEAt AMY M GLASGOW NotmY ?ubft SOIENMy MR. VXKS COYNIY My Commission Expires Mar 14, 2012 JAS? A# C?; °tA'?5 k4 k'T!4 341£Et1" e LGf rV1) (11> UtH I It-Itu IVINIL, ht:Ut:lr I (Domestic Mail Only; No Insurance Coverage Providec m,? 0 L.1 Postage $ o b?J Certified Fee N6? ° Return Receipt Fee are ° (Endorsement Required) C3 Restricted Delivery Fee Cot fl.l (Endorsement Required) CID a Total Postage & Fees Lr1 8t R ` C3 Sent To f?- Street, Apt. No.; . - ?r1 or PO Box No. ` S,r1 • PN •_.. 4 4.11 City, State, A It --ri e ¦ Complete items 1, 2, and' 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?KC &r D-Lp --JnC . ??53 CT?..e n tl-3 kcial 1421 PU&Wf) I q 67 0 b A. Signature X B. Received. bi me C. ? Agent D. Is delivery address different from item 1? 'Yes If YES, enter delivery address below: ?.No 3. Service Type 0 Certified Mail ? Express mail O Registered C3 Return Receipt for Merchandise ? Insured Mail ?'C.O.D. 4. Restricted Deliver? rldm Fee) r-t V- 2. Article Number -- -- -- ----- (transferfrom service label) 7005 1820 0005 5503 9217 PS Form 3511, February 2004 Domestic Return Receipt 102595-02-M-1540 ::s A CYJ - ? i?i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 08-5659 Civil Term vs. ARBITRATION JEREMY ROBINSON, JOSEPH FISHER, JMF UNDERGROUND, INC., FISHER SEALCOATING AND PAVING, VERIZON COMMUNICATIONS, INC. and BKC GROUP INC., Defendants PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly marl: this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. DATED: December 15, 2008 BS (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 ' ?.'z ?? ?? ?.: r.3 ?..... ?* -° \?