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Home My WebLink About08-7156IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. pg _ 715(1 ( iw; l Term vs. ARBITRATION DONALD C. SAWMILLER, MICHAEL L. SHAFFER, EAST PENNSBORO TOWNSHIP AUTHORITY, 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 PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. VS. ARBITRATION DONALD C. SAWMILLER, MICHAEL L. SHAFFER, EAST PENNSBORO TOWNSHIP AUTHORITY, Defendants. 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, DONALD C. SAWMILLER, is an adult individual residing at 3640 Old Trail Road, York Haven, Pennsylvania, 17370. 4. Defendant, MICHAEL L. SHAFFER, is an adult individual residing at 310 River Drive, York Haven, Pennsylvania, 17370. 5. Defendant, EAST PENNSBORO TOWNSHIP AUTHORITY, is a Pennsylvania Miscellaneous Business Corporation with a principal place of business at Community Building, Enola, Pennsylvania, 17025. 6. 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. DONALD C. SAWMILLER NEGLIGENCE PER SE 7 The allegations contained in Paragraphs 1 through 6 above are incorporated by referenced as if fully set forth. 8. Defendant, DONALD C. SAWMILLER, while employed by Defendants, MICHAEL L. SHAFFER and EAST PENNSBORO TOWNSHIP AUTHORITY, 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 Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, DONALD C. SAWMILLER, did not place a call to Call One system prior to excavating thereby risking a catastrophe. 9. Defendant, DONALD C. SAWMILLER, on or about August 24, 2007, while operating a backhoe, struck and damaged a primary conductor owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of Acri Road and Malter Drive, Enola, Cumberland County, Pennsylvania. 10. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 11. Plaintiff made demand on Defendant, DONALD C. SAWMILLER, to repay the sums then due and owing to Plaintiff, but Defendant, DONALD C. SAWMILLER, has refused to pay Plaintiff. 12. Plaintiff has been damaged in the amount of $13,075.09. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $13,075.09, 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. DONALD C. SAWMILLER COMMON LAW TORT 13. The allegations contained in Paragraphs 1 through 12 above are incorporated by reference as if fully set forth. 14. Plaintiff used standard industry markings to identify the location of its active- underground gas utility line prior to August 24, 2007. 15. Defendant, DONALD C. SAWMILLER, did not exercise due care and did not take all reasonable steps to avoid damage to the active cables owned by PPL ELECTRIC UTILITIES CORP., in that he/she; 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; ana C) did not hand dig a test hole to identify location of the primary conductor. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants, in an amount in excess of $13,075.09, 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. MICHAEL L. SHAFFER VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 16. Paragraphs 1 through 15 are incorporated by reference as if fully set forth herein. 17. Defendant, MICHAEL L. SHAFFER, was the owner of the backhoe that struck and damaged underground primary conductor. 18. Defendant, MICHAEL L. SHAFFER, 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. 19. Defendant, MICHAEL L. SHAFFER, is vicariously responsible for the actions of its agents and employees. 20. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 21. The aforementioned damages were the direct and proximate result of the negligence of Defendant, MICHAEL L. SHAFFER, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a backhoe more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, DONALD C. SAWMILLER, in the operation of his/her backhoe; b) negligently and carelessly failing to properly supervise the operation and control of said backhoe; and c) otherwise failing to exercise reasonable care under the circumstances. 22. Plaintiff has been damaged in the amount of $13,075.09. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant, in an amount in excess of $13,075.09, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT IV PPL ELECTRIC UTILITIES CORP. VS. EAST PENNSBORO TOWNSHIP AUTHORITY VICARIOUS LIABILITY FOR ACTION OF AGENT 23. Paragraphs I through 22 are incorporated by reference as if fully set forth herein. 24. Defendants, DONALD C. SAWMILLER and MICHAEL L. SHAFFER, were the general contractors for Defendant, EAST PENNSBORO TOWNSHIP AUTHORITY, who struck and damaged an underground primary conductor. 25. Defendant, EAST PENNSBORO TOWNSHIP AUTHORITY, is vicariously responsible for the actions of its agents and employees. 26. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 27. The aforementioned damages were the direct and proximate result of the negligence of Defendant, EAST PENNSBORO TOWNSHIP AUTHORITY, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a backhoe more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendants, DONALD C. SAWMILLER and MICHAEL L. SHAFFER, in operation of his/her backhoe; b) negligently and carelessly failing to properly supervise the operation and control of said backhoe; and c) otherwise failing to exercise reasonable care under the circumstances. 28. Plaintiff has been damaged in the amount of $13,075.09. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant, in an amount in excess of $13,075.09, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: December 1, 2008 Attorney for Plaintiff Attorney I.D. 23754 n +- At (c ? ?O !0 .o ? 00 v SU :x! I R i C!1 zJ 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS SAWMILLER DONALD C 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: SAWMILLER DONALD C but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On January 7th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas K ine Dep York County 67.87 Sheriff of Cumberland County Postage .93 105.80 01/07/2009 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. LLj ?.. .fly! , ? ..... LU u+ ?v,z j e LL ? N (.3 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS SAWMILLER DONALD C 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: SHAFFER MICHAEL L but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 7th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer, Docketing 6.00%- Out of County .00 Surcharge 10.00 R. Thomas Klin .00 Sheriff of Cumberland County .00 16.00 01/07/2009 KRZYWICKI & ASSOCIATES Sworn and subscribe to before me this day of A. D. CD LL - SHERIFF'S RETURN - REGULAR CASE NO: 2008-07156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS SAWMILLER DONALD C ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EAST PENNSBORO TWP AUTHORITY the DEFENDANT , at 1535:00 HOURS, on the 15th day of December-, 2008 at 98 SOUTH ENOT,A T)RTVF ENOLA, PA 17025 by handing to JOHN PIETROPAOLI, ASSISTANT MANAGER 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 13.50 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: r R. Thomas Kline 01/07/2009 KRZYWICKI & ASSOCIATES By: Deputy Sheriff A. D. arc LLI C-j ?.! r 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 1 SERVICE CALI, (717) 771-9601 SHERIFF SERVICE I I PROCESS RECEIPT and AFFIDAVIT OF RETURNPLEA" T1 00 1 I PLAINTIFF/S/ PPL Electdric Utilities Corp. - 4. TYPE OF 3. DEFENDANTS/ civil 'z OR COMPLAINT CICA Michael L. EXXX Shaffer Comp aint SERVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Michael L. Shaffer 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 310 River Drive, 7. INDICATE SERVICE: SONAL U PERSON IN CHARGE U DEPUTIZE '-1 CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER :1 4 NOW 12/9/08 20 I, SHERIFF OF P o hereby (Jepu iz the sheriff of tur -according York COUNTY to executow m t W` to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF VdMXM*TY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Please serve Defendant personally or inK the altern?vee Cumberland an adult member of thehousehold willing to accept service on his behalf. I?EU RM AATD RY ATTV NOTE: ONLY APPLICABLE ON 8lR& OF EXECUTION: N.B. WAIVER OF WATCHMAN - deputy sheriff levying upon a attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying per or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any bas, destruction, or removal of any property before shenfrs sale they 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATU 10. TE E NUMBER 11, DATE FILED Anthony P. KRzywicki, Esquire 215-862-4390 1-x-8 1119 12. SEND NOTICE OF RVtCE COPY N E AND AD E S LOW: a Site is to be marled) 12-5-2008 CUMBERLAND CO SHERIFF SPACE NISLOW FOR USE OF THE SOMPf - 00 NO 40y- M- Lft 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. 12-11-2008 1-4'09 16. HOW SERVED: PERSONAL (A RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby cat" and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF tND IDUAL SERVED / ADDRESS HERE IF VT SHO AGO (Relationship to nt) 19. to Service 20 Time of Service 2 Ibag' q?3t Ah 21. ATTEMPTS Dale Time Miles Int. Date Time Miles Int. Date Time [Miles Int. Date Time I Miles Int. Date Time Mies Int. Dale Time Miles Int. 22. REMARKS 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 1 27. Postage 28. Sub Total 29. Pound 30 Notary 1 311. Surtrig. 32 Tat. Costs 33 Costs Due or Rekxrd Check No. U. Foreign County Coats 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund th AFFIRMED nd 41 b ib d t b lA h SO ANSWERS . scr a su e o e re me t is 1o 44. ? ri S ff U k at - 45. D TE !! ? 42. day of her i S l t* r?G V ` NOTARIAL SE Y / NOTARY 46 Signature of York 47 DATE LISA L. BOWSv,!AN, NOTARY PUBLIC County Shenlf ? CITY OF YORK, YORK COUNTY RICHARD P. HE I 12-30-08 MYCOM AHSSIONFXPIRESAUG.12,2009 48 Signature of Foreign 49 DATE _.M County Sheriff 1 f" . , 6', yyy? gq ppyy ? ?? r' t` * 4 -" " - ' - ___. _ .? :?t'#P`N'?'?avw.t?''E??k?."?,`_ Ff+t7?,9??.I'i?#?.1.[ro'?i?If f.irl rhd:,?' "?a iz? ,x ai • y.? a ..?. ., v._ ., fit... a r.- _.. .._ , a: -L, .. 1 , ? -? r ?, 5 ?? rt??. s? rt?x?, , • ., ? ? r ? 1: ? I,?,aa ?.d? +ok1?3 r? L is r ?" .z? ?r ? ? '3 9 n +.a r Laf4k 1 • Cp.ir ';wt d J 11 'El Tg i•ti' ;I WI kuC # 0 V'E?wp ?d °d ?'. ^ ? 2 3 ur I . ' J ?3 , FYI r*, '*n. ?7 ? Y r M ?.? ?;L r xi?r tt- w 't H F`!Y%TfK tit . er .,,. r I 7 p q ? . 1, q ?a 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF S(717) 771-9601I, 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN Pw,A1>l ffi,WV-L i it lm 12 D? *M Ally COP" 1 PLAINTIFF/S/ 2 COU R`-"' `''' y`-' PPL Electric UTilities Corp. Gvr 1. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/SI Civ11l CICA Donald C. Sawmiller, et al. Comp taint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Donald C. Sawmiller 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) AT 3640 Old Trail Road York HAven PA 17370 7. INDICATE SERVICE: ji?ItRSONAL U PERSON IN CHARGE U DEPUTIZE C T? 1 a nd 1ST CLASS MAIL U POSTED U OTHER NOW 12/9/08 20 I, SHERIFF OF ANUMOUNTY PA o hereby deputize the sheriff of York COUNTY to executt ke return !&!g-according to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Please serve Defendant OF CO Cumberland personally or in the alternative an adult member of the household willing to accept service on his behalf. ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wilhout a walltrrtar?, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff heroin for any loss, destruction, or removal of any property before sheriffs sale the 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATU 10. TELEPHONE NUMBER DATE FILED Anthony P. Krzywi. E1 9ir 2 5-862-4390 111.1. POB 505, New g ope ?A 1893 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRE50ELO?is area bf efSplEted if notice is l marbd) 12-5-2008 prrw0M -11110i.VR F'%M Vila: Vr 11FW*-`wommwr - VV 1119" wwwww 5=- gym LMs& 13. 1 aCknowledpe receipt of the writ 14. DATE RECEIVED 15. Expirahon/Hearing Date or complaint as wWmbd above. MJ MCGILL CYSO 12-11-2008 1-4-2009 16. HOW SERVED: PERSO RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 16. E OF DUALS VED /LIST ADDRES IF NOT SHOWN VE (jte hip to Del ) 19 a of rvice 20 Time of Service 21. All S Time Miles Int. Date Time Miles Int Date Time Min Int. Date Time Miles Int. Dab Time Miles Int. Dale Time Miles Int. )1-111 ° t L1 2( 22. REMARKS: 23- Advance Costs 100.00 24 Service Costs 25 N/F 26. Mileage 36 -% 21 27. Postage 28. Sub Total 6. I Lt' S ? 29. Pound 30 Notary '9' on 31. Surchg. 1 32. Tot. Costs 69,191 33 Cats Due elund Check No. 3 d-• %-o 13q 34. Foreilpl County Cosa 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. MileagwPostage/Not FourW 39. Total Costs - 40 Costs Due or Refund AFFIRM 0th 41 SO ANSWERS . 42 da c r -- alum Of Sh iff _ / " /?O I 4l ?? y 70 er " n NOTARIAL SEXY / NOTARY LISA. L. BO.AAMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MV CO '^!ISS! 46. County Sheriff Park RICHARD P. A &.Offl IF 17 OATS 12-30-08 7N EXPIRESAUG. 12, 2009 46. Signature of Foreign r-111w Chonn 49 DATE IVA 14130M H 7-77 -77- 114, 4 i y j C? ?#, j,P.3 W^n ?Td. Jf 7 ?[?? r'1a r ?,".' r 7^ of _. .-e; r r_.__ .. ? ?OtF1,7 roh raFa. 7u rf19gi,?'?a?7? ?'ret4 iV?IE 5 ?.,7 ?. ca ti?!?. ^ ? ? ?F+ ?aM }p`I!k x ?'+?+'iW'IF?!?* !,'?'?' ;"'? S¢ S? -;d £o-. ° 1s= '. , ?_. ? .r.>? 3YIl.,, t •? ? ?.? 6+. N!tl1lpit?Y1s?4#?'YIIL?'z.war. sr E? J4??¢t'??iMki+?4?9 s? ,'?i,*a?? ?i??r1!?;.. i+lP*€5?s??c+y??s+y??M? a ter: ,a ?w?' gtxat?r +F3rt?, ?s_a?taw, "S ? 7f?f e?'a r+ a? 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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 & DATED: February 27, 2009 BY: Aut6ny P. ck P.O. Box 5 New , PA 18938 (215 62-4390 Attorney for Plaintiff Attorney I.D. 23754 TES ? ? rrt - r n