The URL can be used to link to this page

Home My WebLink About10-0306IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., VS. Plaintiff, Civil Action - In Law No. l 0 - 3 p ]6, JOSE MORENO, SPANPRO SERVICES GROUP, LLC and VERIZON PENNSYLVANIA, INC., Defendants. COMPLAINT ARBITRATION 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 n c ? 4 ri F"j ? r7 z ?= •.Cu+ C 'r 'z: n GJ ?5 ' t4 ?- cv -c ,t-9'760 ?r2L 441y I - -L /0911L 2'f -23 t,- rt$ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. 16, 36b JOSE MORENO, ARBITRATION SPANPRO SERVICES GROUP, LLC and VERIZON PENNSYLVANIA, INC., Defendants COMPLAINT 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 P.O. Box 12677, Reading, PA 19612-2677. 3. Defendant, JOSE MORENO, is an adult individual whose residence is unknown, but who is employed by Defendant, SPANPRO SERVICES GROUP, LLC. 4. Defendant, SPANPRO SERVICES GROUP, LLC, is a Kentucky Limited Liability Company with a principal place of business at 5495 North Bend Road, Suite 200, Burlington, KY 41005. 5. Defendant, VERIZON PENNSYLVANIA, INC., is a Pennsylvania Corporation with a principal place of business at 1717 Arch Street, 32°`1 Floor, Philadelphia, PA 19103. 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 UGI UTILITIES INC. VS. JOSE MORENO NEGLIGENCE PER SE 7. The allegations contained in Paragraphs 1 through 6 above are incorporated by referenced as if fully set forth. 8. Defendant, JOSE MORENO, while employed by Defendant, SPANPRO SERVICES GROUP, LLC, 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 to dig with an boring machine in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, JOSE MORENO, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the gas line. 9. Defendant, JOSE MORENO, while operating a boring machine, on or about July 21. 2008 struck and damaged an underground active gas utility line owned and operated by UGI UTILITIES INC. at the vicinity of 31 Drexel Place, New Cumberland, 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, JOSE MORENO, to repay the sums then due and owing to Plaintiff, but Defendant, JOSE MORENO, has refused to pay Plaintiff. 12. Plaintiff has been damaged in the amount of $6,291.39, including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendants, in an amount in excess of $6,291.39, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. JOSE MORENO 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 July 21, 2008. 15. Defendant, JOSE MORENO, 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/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; 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, JOSE MORENO, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the gas line. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant, in an amount in excess of $9,555.93, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III UGI UTILITIES INC. VS. SPANPRO SERVICES GROUP, LLC VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 16. Paragraphs 1 through 15 are incorporated by reference as if fully set forth herein. 17. Defendant, SPANPRO SERVICES GROUP, LLC, was the owner of the boring machine that struck and damaged an underground active gas utility line. 18. Defendant, SPANPRO SERVICES GROUP, LLC, 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, SPANPRO SERVICES GROUP, LLC, 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, SPANPRO SERVICES GROUP, LLC, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use a boring machine more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, JOSE MORENO, in the operation of his/her boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said boring machine; and c) otherwise failing to exercise reasonable care under the circumstances. 22. Plaintiff has been damaged in the amount of $6,291.39. including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant, in an amount in excess of $6,291.39, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT IV UGI UTILITIES INC. VS. VERIZON PENNSYLVANIA, INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 23. Paragraphs 1 through 22 are incorporated by reference as if fully set forth herein. 24. Defendant, SPANPRO SERVICES, GROUP, LLC, was the general contractors for Defendant, VERIZON PENNSYLVANIA, INC., who struck and damaged an underground active gas utility line. 25. Defendant, VERIZON PENNSYLVANIA, INC., 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, VERIZON PENNSYLVANIA, INC., including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use grading equipment more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, SPANPRO SERVICES, GROUP, LLC, in the operation of his/her grading equipment; b) negligently and carelessly failing to properly supervise the operation and control of said grading equipment; and c) otherwise failing to exercise reasonable care under the circumstances. 28. Plaintiff has been damaged in the amount of $6,291.39. including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant.. in an amount in excess of $6,291.39, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, DATED: January 6, 2010 By: KRZYWICKI & AIATES, P.C. A ny P. rzy P.O. Bo ' New Hope, PA 1893 215-862-4390 Attorney for 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: January 6, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FiLEQ-t?!?1 Sheriff i or, 1';" 'NOTARY Jody S Smith Chief Deputy 201 Q FEB 16 PM 2:14 Edward L Schorpp Solicitor F l GJ ? ?JU N?rY UGI Utilities Inc. vs. Verizon Pennsylvania, Inc. Case Number 2010-306 SHERIFF'S RETURN OF SERVICE 01/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Verizon Pennsylvania, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, PA to serve the within Complaint and Notice according to law. 01/26/2010 02:24 PM - Philadelphia County Return: And now January 26, 2010 at 1424 hours I, John D. Green, Sheriff of Philadelphia County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Verizon Pennsylvania, Inc. by making known unto Marie Barker, Executive Assistant for Verizon Pennsylvania, Inc. at 1717 Arch Street 32nd Floor, Philadelphia, PA 19103 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 11, 2010 SO RON R ANDERSON, SHERIFF Shen" e.. soft. L•:e. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. Plaintiff, JOSE MORENO, SPANPRO SERVICES GROUP, LLC and VERIZON PENNSYLVANIA, INC., Defendants Civil Action - In Law No. 10-306 Civil Term ARBITRATION STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) AFFIDAVIT OF SERVICE rri .+M F JM ` a cn 1, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above natter, addressed to Defendant, Spanpro Services Group, LLC, at their last known address, which is 5495 North Bend Road, Suite 200, Burlington, Kentucky, 41005, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on January 26, 2010. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI & ASSOCIATES, P.C. Sworn to before me this _` t?? day of {2010. NOT AY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Pubiie SOLEBURY TWP, BUCKS COUNTY My Commission Expires Mar 14, 2012 By: P. y 'Wicki, Esquire New Hope, PA 1898 Attorney ID No. 23 54 (215) 862-4390 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Krzywicki & Associates, P.C. P.O. B X505` - New ; ` -&-'PA, ], 938 - One piece of ordinary m*J addre"ed 161. Spanp?s? ??A4Q /Coup, LLC 5495 NW6 $?&4' oad, Suite 200 Burlington, KY 41005 a tops id o c tf o 'y ant is m .'^ O Z F CD Mz X: 0 w4_ Olvooxn 0=100 oo --I -corn V) 'Ln o lo --I w 3> m PS Form 3817, January 2001 3`7? , L GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FILED-+,1; r er 2070523 ZO10 FEB 19 AM,, 8: 38 1+11'1 r ... ?;'•,, r fr?, FIA CARD SERVICES, N.A. F/K/A BANK OF AMERICA VS. SUSAN C KENNEDY and JOHN WILLACY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-349 ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FL. K, ESQUIRE Attorney for Plaintiff P003