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HomeMy WebLinkAbout12-0817IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PP1, ELECTRIC UTILITIES CORPORATION Plaintiff; Civil Action - In LaNv No. IA- 817 0,1,ii l l em vs. RONALD R. ZEIGLER SR. a/k/a RON ZEIGLER, RONALD R. ZEIGLER JR. a/k/a RON ZEIGLER. SPEEDY ROOTER and ANDREA L. CRONE. 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 ARBITRATION -. r > rr, - C? 2, O +103.175 Ad ATN C4c(Pc4s ?, a'7o8a7 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff. No. vs. ARBITRATION RONALD R. ZEIGLER SR. a/k/a RON ZEIGLER, RONALD R. ZEIGLER JR. a/k/a RON ZEIGLER. SPEEDY ROOTER and ANDREA L. CRONE. Defendants COMPLAINT This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION to recover damages from Defendants arising out of damage to property owned by PP[, ELECTRIC UTILITIES CORPORATION. 2. PPL ELECTRIC UTILITIES CORPORATION is a Pennsylvania corporation duly organized and existing and licensed to do business as a pn.iblic utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street. Allentown, Pennsvlvania. 18101. Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER. is an adult individual who presently resides at 1838 Detters Mill Road, Dover, Pennsylvania, 17315. 4. Defendant RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER. is an adult individual who presently resides at 4212 Leah Avenue. Dover, Pennsylvania, 173 15. >. Defendant, SPEEDY ROOTER. is a fictitious company with a principal place of business at 6851 Bluebird Lane, Dover, Pennsylvania. 17315. 6. Defendant, ANDREA L. CRONE, is an adult individual and owner of the fictitious company Defendant, SPEEDY ROOTER, who currently resides at 6851 bluebird Lane, Dover. Pennsylvania, 17315. 7. 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 CORPORATION VS. RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER NEGLIGENCE PER SE 8. The allegations contained in Paragraphs 1 through 6 above are incorporated by referenced as if fully set forth. 9. Upon information and belief, Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER, while excavating for Defendant, SPEEDY ROOTER, violated the Underground Utility Line Protection Law, Act 187 of 1996 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's underground utility lines, and c) determined that markings identifying the location of the utility line were not clear but continued to dig with an excavator in the area eventually severing an active gas line risking a catastrophe. 10. Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER, on or about September 20, 2011. while digging struck and damage underground cables owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 4I5 Cherokee Drive, Hampden Township. Cumberland County, Pennsylvania. 1 1 . Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 12. Plaintiff made demand on Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER. to repay the scans then due and owing to Plaintiff, but Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER, has refused to pay Plaintiff. 1 Plaintiff has been damaged in the amount of $4.170.45, including costs and attorneys fees. Wl IEREFORE. Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants. in an amount in excess of $4,170.45. together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER COMMON LAW TORT 14. The allegations contained in Paragraphs I through 13 above are incorporated by reference as if fially set forth. 15. Plaintiff used standard industry markings to identify the location of its electric line prior to September 20. 201 1. 16. Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER, did not exercise due care and did not take all reasonable steps to avoid damage to the underground electric line owned by PPL ELECTRIC UTILITIES CORPORATION, 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; and C) did not hand dig a test hole to identify location of the electric line. W I-IEREFORE. Plaintiff PPL ELECTRIC UTILITIES CORPORATION demands judgment against the Defendants, in an amount in excess of $4,170.45, together with costs, prejudgment and post judgment interest. punitive damages and delay damages as the law may allow. COUNT III IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER NEGLIGENCE PER SE 17. The allegations contained in Paragraphs l through 16 above are incorporated by referenced as if fully set forth. 18. Upon information and belief, Defendant, RONALD R. ZEIGLER,IR. A/K/A RON ZEIGLER, while excavating for Defendant, SPEEDY ROOTER, violated the Underground Utility Line Protection Law, Act 187 of 1996 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 necessarN7 to avoid damage to Plaintiff's underground utility lines, and C) determined that markings identifying the location of the utility line were not clear but continued to dig with an excavator in the area eventually severing an active gas line risking a catastrophe. 19, Defendant, RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER, on or about September 20, 2011, while digging struck and damage underground cables owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 415 Cherokee Drive. Hampden Township, Cumberland County, Pennsylvania. 20. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 21. Plaintiff made demand on Defendant, RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER. to repay the sums then due and owing to Plaintiff, but Defendant, RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER, has refused to pay Plaintiff. 22. Plaintiff has been damaged in the a?nount of $4.170.45, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL. ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $4,170.45. together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT IV IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER COMMON LAW TORT 2 ). The allegations contained in Paragraphs I through 22 above are incorporated by reference as if fully set forth. 24. Plaintiff used standard industry markings to identify the location of its electric line prior to September 20, 2011. 25. Defendant. RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER, did not exercise due care and did not take all reasonable steps to avoid damage to the underground electric line owned by PPL ELECTRIC UTILITIES CORPORATION, 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; and C) did not hand dig a test hole to identify location of the electric line. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION demands judgment ?igainst the Defendants, in an amount in excess of $4,170.45, together with costs. prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT V PPL ELECTRIC UTILITIES CORPORATION VS. SPEEDY ROOTER AND ANDREA L. CRANE VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 26. Paragraphs I through 25 are incorporated by reference as if hilly set forth herein. 27. Defendants, SPEEDY ROOTER and ANDREA L. CRANE, is a fictitious company owned by Defendant, ANDREA L. CRANE. 28. Defendants, SPEEDY ROOTER and ANDREA L. CRANE, permitted and encouraged the actions of its agents and employees by not implementing a trainin<o pro??ram which addressed circumstances such as those which occurred on the date of the accident. 2 1 Defendants, SPEEDY ROOTER and ANDREA L. CRANE. were the owner of the excavator that struck and damaged underground primary cable. 30. Defendants, SPEEDY ROOTER and ANDREA L. CRANE, are vicariously responsible for the actions of its agents and employees. 31. Defendant's actions or inaction as set north above are the proximate cause of the damages as set forth above and herein. 32. The aforementioned damages were the direct and proximate result of the negligence of Defendants, SPEEDY ROOTER and ANDREA L. CRANE, including negligent acts and/or omissions of defendant as performed individually and/or by and through others permitted to use an excavator more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, RONALD R. ZEIGLER SR. A/K/A RON ZEIGLER, or Defendant, RONALD R. ZEIGLER JR. A/K/A RON ZEIGLER, in the operation of his/her excavator. b) negligently and carelessly failing to properly supervise the operation and control of said excavator: and c) otherwise failing to exercise reasonable care under the circumstances. I 3. Plaintiff has been damaged in the amount of $4,170.45, including costs and attorneys tees. WHEREFORE. Plaintiff PPL ELECTRIC UTILITIES CORPORATION demands judgment against the Defendant, in an amount in excess of $4,170.45.. together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. DATED: February 6. 2012 Respectfully submitted, KRZYWICKI & By: New Hope. PA 18938 (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 farniliar 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 smatters 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. KRZYWICKI & A??TES. P.C. DATED: February 6. 2012 F[ON?1%'P R ?-'Kl. ESQUIRE c ? C: i ?? rn C D _ N Y '" TE co -am r :?u -0 U-n;; mac) . pC= .. =art IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "i o ° , PPL ELECTRIC UTILITIES CORPORATION CIVIL ACTION - IN LAW NO. 12-817 CIVIL I-ERM PLAINTIFF VS ARBITRATION RONALD R. ZEIGLER, SR. A/K/A RON ZEIGLER, RONALD R. ZEIGLER, JR. A/K/A RON ZEIGLER, SPEEDY ROOTER AND ANDREA L. CRONE DEFENDANT NOTICE TO DEFEND Pursuant to PA RCP No. 1018. 1 YOU I IAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND A(j/AINS"1"I I IF CI.AIMS SET FORTH IN I 111. FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS A1='fER 'I IIIS COMPLAINT AND NOI ICI: ARE SERVED. BY ENTERING A WRITTEN APPEARANCE PERSONAIL,Y OR BY I 'TrI ORNEY AND FII,ING IN WRITING WH H THE COURT YOUR DEFENSES OR OBJECTIONS TO TLiL CLAIMS SET FORTH AGAINST YOU- YOU ARI: WARNED LHAT IF YOU FAIL'I'O DO SO THE CASE MAY PROCEED WI'IHOUI YOU,AND A IUDGEMEN'I MAY 131: EN FERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN LHI? COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF RL:OULSTI;D BY THE PLAIN'1 IFI YOL1 MAY LOSI: \IONIY OR PROPER I Y OR OTHER RIGI ITS IMPORTANT TO YOU. YOU SHOULD TAKE PHIS PAPFlR "10 POUR LAW'YI[R ;A I ONCL IF YOU DO NO'1 1IAVL A I.AWYI:R GO LO OR LELI:PIiONt TLIE OFFICE: SET FORTH BI?LOW. THIS OFI ICI: CAN PROVIDE YOU WH I I INFORMA HON ABOl "I HIRING :'A LAAVYER It YOU CANNOT AFFORD TO HIRE A LAWYER. H IIS OI IICI`. MAl' 131: ABLI10 PROVIDE YOU WI I I INFORMATION ABOU F AGENCIES TI TAT MAY OFFER I,EGAI. SERVICES "FO 1-1, 1111R.SONS A I \ RI DLCI 111: OR NO I 1 1: CUMBERLAND C'OUN'T Y BAR ASSOCI.AI [ON 2 1.IBI-R I Y AVI:NUI: CARLISLL:, PA 1701',-3387 (717) 249-3 166 (800)990-91o8 Effective September 1,2003 Complaint EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL PPL ELECTRIC UTILITIES CORPORATION CIVIL ACTION - IN LAW NO. 12-817 CIVIL i ERM PLAINTIFF VS ARBITRATION RONALD R. ZEIGLER, SR. A/K/A RON ZEIGLER. RONALD R. ZEIGLER, JR. A/K/A RON ZEIGLER. SPEEDY ROOTER AND ANDREA L. CRONE DEFENDANT AVISO PARA DEFENDER Comtorme a PA RIP Num. 1018.1 1S FF'_D I IA SIDO DEMANDADO/A EN LA COR TE SI I'SIT:D DI:ST-.CA DI:FI;NDLR CONFA LA DEMANDA I'ULSI AS FN LAS SIGUIENtES PAGINAS. UStFD TIF,NEN QUE I-OMAR ACCION DE I RO VEINTF (20) DIAS DFSPIiFS Qt iL I'S I A DEMANDA Y AV ISO CS SERVIDO. CON ENTRANDO POR ESCRH O I)NA APARFNCIA PLRSONALMI[NTF O POR UN ABOGADO Y ARCHIVANDO POR ESCRII'0 CON LA COR"I L SUS DLFLNSAS O OB.IFCTIONES A LAS DF.MANDAS PUCSTAS EN ESTA CONTRA USTED. US"TI?:D F.S ADVERTIDO QUli SI I:ALLA DE FIACI;RLO hl. C:AS0 PUEDE PROCEDER SIN UNSTED Y UN JAZGAMIEN I'O PUEDE SER ENTRADO CON' RA US TED POR LA CORTIi SIN MAS AVISO POR CUALQUIER DINERO RECLANDO EN LA DEMANDA O POR CI ALQUII'.R O 1 RO RL-:CLAMO O ALIVIO SOLICITADO POR DEMANDANTE. USTED PUEDE PFRDER DINF.RO O PROI'IEDAD O O EROS DFRI:CtiOti IMPORIAN TEPARA LISTED. I .StFD DLBF. LLFVAR ESTE PAPEL A SU ABOGADO FNSI.GUIDA St tIN 'I H) NO "IIENL I JN AM )6A1)O_ VAYA 0 1 LAMI?: POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. I:S1 A WK INA PI I_DU PROVI 1I 1: CON INLORMACION DE COMO C'ONSEGUIR UN ABOGADO- SI UST ED NO PUEDE PAGARLE A UN ABOGADO. I:SI A OFICINA PI I DI: I'R0V1`.I:RI: INI:ORN,IACION ACLRCA A(iL.NCIAS QUE PUEDAN OFRECER SERVICIOS I.HiAL \ I'LRSONAS I:LI(iIIIH iAQ LN 110N0R;ARI( j RI DI, CID() 0 GRATIS. CUMBERLAND 000N f)'BAR ASSOCI-, 1'1ON 2 LIBI:IZ"I-1' AVI:NUF CARLISLL_ PA 17013-33S7 (717) 249-3166 (800)990-9108 Etectivo I de septiembre, 2003 Queja IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION PLAINTIFF VS. RONALD R. ZEIGLER, SR. A/K/A RON ZEIGLER, RONALD R. ZEIGLER, JR. A/K/A RON ZEIGLER, SPEEDY ROOTER AND ANDREA L. CRONE, DEFENDANTS ANSWER AND NEW MATTER CIVIL ACTION - IN LAW NO. 12-817 CIVlt_ "TERM ARBITRATION AND NOW. TO WIT, this day of February, 2012, comes the Defendants by and through their attornev. NATHANIEL W. BOYD, IV, ESQUIRE, and tiles the following answer and New Matter: ADMITTED. That PPL Electric Utilities is filing this suit to attempt to recover damages. ADMITTED. 3 ADMITTED. 4 ADMITTED. 5 DENIED. The allegations of clause #5 are specifically denied acid proof thereof is therefore demanded at trial. To the contrary, Speedy Rooter/Capital plumbing, Inc, is a duly registered corporation which was incorporated in Delaware. 6. ADMITTED IN PART AND DENIED IN PART, It is admitted that Andrea Crone resides at 6851 Bluebird Lane. Dover, Pennsylvania 17315. It is denied that Speedy Rooter isjust a tictious name and averred that, to the contrary, it is duly incorporated as Speedy Rooter/Capital Plumbing, Inc. in the State of Delaware. ADMITTED. 7 COUNTI 8. ADMITTED. 9. DENIED. The allegations of clause i,?9 are specifically denied and proof thereof is therefore demanded at trial. To the contrary, Defendant, Ronald R. Zeigler, Sr. followed the Plaintiffs markings of the location of the line. Plaintiff had miss marked the location of this line. 10. ADMITTED IN PART AND DENIED IN PART. It is admitted that Defendant, Ronald k. Leigler, Sr. struck Plaintiffs underground line at: 415 Cherokee Drive, Cumberland County, Pennsylvania. It is denied that he was negligent and averred that the location of the line was miss marked by Plaintiff. DENIED. The allegations of clause #1 1 are specifically denied and proof thereof'is therefore demanded at trial. 1?. ADMIT FED. 13. DENIED. After reasonable investigation, the above Defendants are without sufficient knowledue or information to address the truth or veracity of the averments set forth in clause # 13 and proof thereof is therefore demanded at trial. WHEREFORE. Defendant, Ronald R. Zei?_?ler, Sr. asks your Honorable Court to enter jud1-'ment in his favor. COUNT 11 14. ADMITTED. 15. DENIED. After reasonable investigation, the above Defendants are without sufficient I:nowlcd,,e or information to address the truth or veracity of the averments set forth in clause # 16 and proof thereof is therefore demanded at trial. 16. DENIED. The allegations ofcIause 416 are specifically denied and proof thereof is dheretore demanded at trial. To the contrary, Plaintiff did not properly marl: the location of their Underground line. WHEREFORE, Defendant, Ronald R. Zeigler, Sr. asks your Honorable Court to enter jud,ment in his fay or. 17. AMITTED. 18. DENIED. The allegations of clause 718 are specifically denied and proofthereof is therefore demanded at trial. It is also Denied in that Plaintiffstates a conclusion of law. 19. ADMITTED IN PART AND DENIED IN PART. It is admitted that Defendant, Ronald R_ Zeiler, Sr. struck Plaintiffs underground line at: 415 Cherokee Drive, Cumberland County, Pennsylvania. It is denied that he was negligent and averred that the location of the line was miss marked by Plaintiff There is no Ronald R. Zeigler, Jr. who is an employee of Speedy Rootec'Capital Numbimz, inc. the individual operating the backhoe was Ronald R. Zei'ler, Sr. 20. DENIED. The allegations of clause 420 are specifically denied -.nd proof thereof is therefore demanded at trial. ADMITTED. 21. 22 DENIED. After reasonable investigation, the above Defendants are without sufficient knowledge or intormation to address the truth or veracity ofthe averments set forth in clause 415 and proof thereof is therefore demanded at trial. WHEREFORE, Defendant, Ronald R. Zeigler. Sr. asks your 1-101101-able Court to enter judLinent in his favor. COUNT IV 23. ADMITTED. 24. DENIED. After reasonable investigation, the above Defendants <u-e without sufficient knowledge or information to address the truth or veracity of the averments set forth in -lause ;r 15 and proof thereon is therefore demanded at trial. 25. DENIED. The allegations of clause 925 are specifically denied and proof thereof is therefore demanded at trial. WHEREFORE. Defendant. Ronald R. Zeigler, Sr. asks your Honorable Court to enter judgment in his favor. COUNT V 26. ADMIT I ED. 27. DENIED. The allegations of clause 425 are specifically denied and proof thereof is therefore demanded at trial. To the contrary, Speedy Rooter/Capital Plumbing. Inc. is a corporation duly or<,ani/ed and operated under the laws of the State of Delaware. Andrea L. Crone does not have any individual liability. 28. DENIED. The allegations of clause #25 are specifically denied and proof thereof is therefore demanded at trial. To the contrary, Plaintiffs underground line was inaccurately marked. 29. ADMITTED IN PART AND DENIED IN PART. The backhOe used was owned by Speedy Rooter,'Capital Plumbing, Inc. It is not the individual property of Andrea L. Crone. 30. ADMITTED IN PART AND DENIED IN PART. It is admitted that an employer is responsible vicariously for his employees actions on the job. It is denied that the employee in question is ne1-11iL)ent. 31. DENIED. The allegations of clause 431 are specifically denied and proof thereof is therefore demanded at trial. 32. DENIED. The allegations of clause 432 are specifically denied and proof thereof is therefore demanded at trial. To the contrary, Plaintiff did not properly marl: the location of their w-[der('round line. 33. DENIED. After reasonable investigation, the above Defendants tre without sufficient knowledge or information to address the truth or veracity of the averments set forth in clause # 15 and proof thereof is therefore demanded at trial. WHEREFORE, Defendant, Ronald R. Zeigler, Sr. asks your Honorable Court to enter judgment in his favor. NEW MATTER COUNTI 34. "Speedy Rooter" is a fictious name for Speedy Rooter/Capital Plumbing Inc. which is a Corporation duly oruanized and operating under the laws of the State of Delaware. 35. Andrea L. Crone at no time acted or represented herself as a sole proprietor. 36. As such, any potential liability should be against Speedy Rooter/Capital Plumbing. Inc. WFIEREI=ORE. Andrea L. Crone asks your Honorable Court to enter nc individual liability award ?1, ainst her. COUNT It 37. The location of Plaintiffs utility line in the vicinity of: 415 Cherokee Dt ive, Cumberland County. Pennsylvania was inaccurate and had been struck previously by another excavator. 38. Plaintiff was negligent in miss making the location of its Utility line and in failing to correct the miss marking after it had been previously struck. WHEREFORE, Defendant, Ronald R. Zei0ler. Sr. asks yow- Honorable Court to enter judgment in his favor. Nathaniel W. Boyd, ESQ. Attorney for Plaintiff 23 East Princess Street York. Pa. 7401 (717) 843-5505 I.D. 23816 VERIFICATION Pursuant to Rule 1024 ( c ), I, NATHANIEL W. BOYD, ESQUIRE, verify that I am the attorney for Defendant, in the within case; that the appropriate officers ofthe Defendant are not available veithin the time for servin-.; 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. 5 4904 relating to unsworn falsification to authorities. Dated: _ ???,U•v"a+A? k1_ r?.4.XA ?A NATHANIEL. W. BOYD. ESQUIRE VEREIFICATION I, ANDREA L. CRONE, do hereby swear or affirm that the statements in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating, to unsworn falsification to authorities. I AND EA L. CRONE, ndividually and as President of Speedy Rooter/Capital Plumbing, Inc. VEREIFICATION 1, RONALD R. ZEIGLER, SR., do hereby swear or affirm that the statements in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification i relating to unsworn falsification to author bject to the penalties of 18 Pa. C.S.A, Section 4904. ,)N7%LD R. Z A/R/A Rfl 1C/A Ron Zei.gler, ld R;/ Zeigler, Jr. 4 f ITH 0TA KRZYWICKI & ASSOCIATES, P.C. - `? By: Anthony P. Krzywicki, Esquire ,. ?, Yi Attorney for Plaintiff ZaJ???` ?? ?`' P.O. Box 505 ;7; iEftLi",D CGWIN T`t New Hope, PA 18938 E? SYLN/ NIA (215) 862-4390 PA Attornev ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 12-817 Civil Term vs. ARBITRATION RONALD R. ZEIGLER SR. a/k/a RON ZEIGLER, RONALD R. ZEIGLER JR. a/k/a RON ZEIGLER, SPEEDY ROOTER and ANDREA L. CRONE, Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER COUNTI 34. Denied. To the extent the allegations are factual averments and not New Matter to which no answer is required. 35. Denied. To the extent the allegations are factual averments and not New Matter to which no answer is required. 36. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, Plaintiff asks your Honorable Court to enter Judgment against Defendants. COUNTI 37. Denied. To the extent the allegations are factual averments and not Jew Matter to which no answer is required. 38. Denied. To the extent the allegations are factual averments and notew Matter to which no answer is required. WHEREFORE, Plaintiff asks your Honorable Court to enter judgment against Defendants. Dated: March 8, 2012 BY: VERIFICATION Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esquire verify that f 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 airs 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: March 8, 2012 CERTIFICATE OF SERVICE 1, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to delivery, via first class mail, to the following: Nathaniel W. Boyd, Esquire 23 East Princess Street York, PA 17403 Attorney, for Defendants Dated: March 8. 2012 By: { t M T KRZYWICKI & ASSOCIATES, P.C. < Anthony P. KrzYom'icki, Esquire --,- Attorney for Plaintiff r -y z P.O. Box 505 57 New Hope, PA 18938 - '' -, (215) 862-4390 c3 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 12-817 Civil Term vs. ARBITRATION RONALD R. ZEIGLER SR. a/k/a RON ZEIGLER, RONALD R. ZEIGLER JR. a/k/a RON ZEIGLER, SPEEDY ROOTER and ANDREA L. CRONE, Defendants PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANTS Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of requests for admissions to be answered separately by the defendant. Definitions 1. The words "you" and "your" mean each defendant or person(s) acting or purporting to act on his or its behalf. 2. The words "person" and "persons" mean all entities, but not lirniting the generality of the foregoing all individuals, associations, companies, partnerships, joint ventures, corporations, trusts, estates, public agencies, departments, bureaus, and boards. 3. The words "identity" and "identity," when used with respect to an individual, mean to state the full name and present or last known address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" means to state the corporation's full name, date and state of incorporation, and the address of its principal place of business. When used with respect to an individual, "identify" or "identity" mean to state full name and last known address. Instructions 1. All information is to be divulged which is in the possession of the defendant, his/her attorney or former attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing requiring that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you cannot fully admit the matter. If, in good faith, you qualify any answer or deny any part of a matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. Pursuant to Pa. R.C.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted. Requests 1. Defendant, Speedy Rooter, on September 20, 2011, was not repistered as a foreign corporation with the Commonwealth of Pennsylvania. 2. Capital Plumbing, Inc. on September 20, 2011, was not registered as a foreign corporation with the Commonwealth of Pennsylvania. 3. Capital Plumbing, on September 20, 2011, was not registered as a foreign corporation with the Commonwealth of Pennsylvania. Dated: March 14, 2012 BY: y , f CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Plaintiff's First Request for Admissions Directed to Defendants, by depositing copies thereof in the United States mail, prepaid, addressed as follows: Nathaniel W. Boyd, Esquire 23 East Princess Street York, PA 17403 Attorney for Defendants Dated: March 14, 2012 BY: KRZYWICKI &,A-3-,?VCIATES, P.C. P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r_: Sheriff tti, L t Oyu- O `i ? Jody S Smith ' Chief Deputy 2012 MAR 16 Alf 8: 4 5 Richard W Stewart Solicitor CUMBERLAND pENNSY! V TWA PPL Electric Utilites Corporation vs. Andrea L. Crone (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-817 02/09/2012 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: Andrea L. Crone, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/09/2012 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: Speedy Rooter, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/09/2012 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: Ronald R. Zeigler, Jr., but was unable to locate them irr his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/09/2012 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: Ronald R. Zeigler, Sr., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/15/2012 11:38 AM - York County Return: And now February 15, 2012 at 1138 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald R. Zeigler, Sr. by making known unto Penny Zeigler, Sister of Defendant at 1838 Detters Mill Road, Dover, Pennsylvania 17315 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/16/2012 12:44 PM - York County Return: And now February 16, 2012 at 1244 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald R. Zeigler, Jr. by making known unto himself personally, at 1838 Detters Mill Road, Dover, Pennsylvania 17315 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/16/2012 11:08 AM - York County Return: And now February 16, 2012 at 1108 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Speedy Rooter by making known unto Andrea Crone, President of Speedy Rooter at 6851 Bluebird Lane, Dover, Pennsylvania 17315 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/16/2012 11:08 AM - York County Return: And now February 16, 2012 at 1108 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Andrea L. Crone by making known unto herself personally, at 6851 Bluebird Lane, Dover, Pennsylvania 17315 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $85.00 March 12, 2012 SO ANSWERS, RbNR'rY R ANDERSON, SHERIFF .-.. - C?Coon* SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration PPL ELECTRIC UTILITIES CORPORATION vs. RONALD R. ZEIGLER, SR. a/k/a RON ZEIGLER (et al.) Case Number 12-817 CIVIL SHERIFF'S RETURN OF SERVICE 02/15/2012 11:38 AM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVILACTION (CICA) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE PENNY ZEIGLER, SISTER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR RONALD R. ZEIGLER, SR. A/K/A RON ZEIGLER AT 1838 DETTERS MILL ROAD, DOVER, PA 17315. MICHAEL DAONOVAN, DEPUTY 02/16/2012 12:28 PM - DEPUTY BRIAN R. COPENHEAVER, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: RONALD R. ZEIGLER, JR. A/K/A RON ZEIGLER AT 4212 LEAH AVENUE, DOVER, PA 17315. THE DEFENDANT WAS FOUND TO HAVE MOVED. 02/16/2012 11:08 AM -DEPUTY BRIAN R. COPENHEAVER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ANDREA CRONE, PRESIDENT, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR SPEEDY ROOTER AT 6851 BLUEBIRD LANE, DOVER, PA 17315. ? r RIAN R. C PENHEAVER, DEPUTY 02/16/2012 12:44 PM -DEPUTY BRIAN R. COPENHEAVER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: RONALD R. ZEIGLER, JR. A/K/A RON ZEIGLER AT 1838 DETTERS MILL RD, DOVER, PA 1?731?5... RIAN R. C PENHEAVER, DEPUTY 02/16/2012 11:08 AM - DEPUTY BRIAN R. COPENHEAVER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: ANDREA L. CRONE AT 6851 BLUEBIRD LANE, DOVER, PA 17315. SHERIFF COST: $117.51 March 05, 2012 olevelil&w 91RIAN R. C PENHEAVER, DEPUTY SO ANSWERS, RICHARD P K UERLEBER, SHERIFF lei CoumySu?te Sherkl Teieosoft inc - ----- -- ----- - - NOTARY _ A fore me this 2012 TNORaF, NOTARY uatlc Affirmed and subscribed to CITY OF YORK, YORK COUNT' MARCH c MY COMMISSION EXPIRES 5TH day of KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 i ' Vu P1 I r. ?-1'! AND COUNT`,' -!fNSYP/AN!{_, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, vs. RONALD R. ZEIGLER SR. a/k/a RON ZEIGLER, RONALD R. ZEIGLER JR. a/k/a RON ZEIGLER, SPEEDY ROOTER and ANDREA L. CRONE, Defendants Civil Action - In Law No. 12-817 Civil Term ARBITRATION PLAINTIFF'S SECOND REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT, SPEEDY ROOTER Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of requests for admissions to be answered separately by the defendant. Definitions 1. The words "you" and "your mean each defendant or person(s) acting or purporting to act on his or its behalf 2. The words "person" and "persons" mean all entities, but not limiting the generality of the foregoing all individuals, associations, companies, partnerships, joint ventures, corporations, trusts, estates, public agencies, departments, bureaus, and boards. 3. The words "identity" and "identity," when used with respect to an individual, mean to state the full name and present or last known address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" means to state the corporation's full name, date and state of incorporation, and the address of its principal place of business. When used with respect to an individual, "identify" or "identity" mean to state full name and last known address. Instructions 1. All information is to be divulged which is in the possession of the defendant, his/her attorney or former attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing requiring that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you cannot fully admit the matter. If, in good faith, you qualify any answer or deny any part of a matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. Pursuant to Pa. R.C.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted. Requests 1. The attached settlement agreement signed by Andrea L. Crone for Speedy Rooter and dated April 3, 2012 is a true and correct copy of the agreement under which Speedy Rooter paid a $500 penalty to the Commonwealth of Pennsylvania for damage to Plaintiff's property which occurred on September 20, 2011. 2. Defendant as of May 16, 2012 has not registered as a foreign corporation with the Commonwealth of Pennsylvania. P.C. Dated: May 16, 2012 13' SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into by and between the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF LABOR LAW COMPLIANCE ("Commonwealth") and SPEEDY ROOTER ("Respondent"), (File No. 2011-00567) with all parties intending to be legally bound by the following terms and conditions: I. Respondent is a Pennsylvania corporation with a last known address of 6851 Bluebird Lane in Dover, PA 17315. 2. At all times relevant to this matter, Respondent was an excavator which performs excavation as defined in the Underground Utility Line Protection Law, Act of December 10, 1974, P.L. 852, No. 287, as amended, (Act), 73 P.S. § 176 et. seq. 3. The Commonwealth alleges the following facts: a. On September 20, 2011 Respondent was engaged in excavation activities at 415 Cherokee Drive in Mechanicsburg, PA 17050. b. Prior to commencing excavation Respondent requested through the Pennsylvania One Call System, Inc (POCs), the location and type of facility owner underground lines at the work site. POCs assigned serial number 20112561225 to the Respondent's request. c. In response to the request, PPL Electric Utilities marked the location and type of its underground lines at the worksite. d. On September 20, 2011, while excavating with a backhoe, the excavator hit and damaged an underground line owned by PPL Electric Utilities. Settlement Agreement Speedy Rooter File No. 2011-00567 Page 12 e. The resulting damages totaled $2,700.00 f. The Respondent failed to exercise due care; and failed to take all reasonable steps necessary to avoid injury to or otherwise interfere with all lines where positions had been provided by the facility owner and/or failed to employ prudent techniques within the tolerance zone as required by Section 5(4) of the Underground Utility Line Protection Law. 4. Without admitting or denying the above allegations set forth in paragraph 3, Respondent acknowledges that if the above facts were proven to be true Respondent may be found in violation of Section 5(4) of the Act, in that Respondent failed to use prudent digging techniques within the tolerance zone. Respondent may be subject to a maximum fine of $ 1000.00. 5. In lieu of a formal administrative hearing, Respondent agrees to settle this matter by payment of a $ 500.00 civil penalty pursuant to section 7.2(c.1) and (c.2) of the Act, 73 P.S. § 182.2(c.1) and (a2). Such Civil penalty is payable to the Commonwealth of Pennsylvania, by money order or cashiers check, due and payable upon Respondent's signing of this Settlement Agreement. 6. Respondent understands and agrees that failure to make payment in full constitutes a material breach of this Agreement and the Commonwealth reserves the option of opening formal administrative proceedings in this matter. 7. By signing and returning this Agreement with payment of the civil penalty, Respondent knowingly and voluntarily waives the right to a formal administrative Settlement Agreement Speedy Rooter File No. 20 1 1-005 67 Page 13 hearing in this matter at which Respondent may present and challenge evidence, cross-examine witnesses and submit legal briefs, to be represented by counsel, and to take an appeal from any final adverse determination. 8. Respondent understands that upon signing, return and approval of this Agreement, this document becomes a public record subject to inspection under applicable law. 9. If this Agreement is not approved, it shall be considered as a privileged settlement document and may not be used by either parry in any hearings in this matter except as permitted by law. 10. This Agreement contains the whole agreement between the parties. There are no other terms, obligations, covenants, representations, statements or conditions, or otherwise of any kind whatsoever concerning this Agreement. 11. Each parry shall be responsible for its own costs and attorneys' fees. For the Commonwealth: SCOTT ROBINETTE T DEPUTY SECRETARY SAFETY & LABOR MANAGEMENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY Dated: Z 12-- Fo the Respondent: ANDREA L. CRONE SPEEDY ROOTER Dated:- EKI? 2- Approved as to Form and Legality: Settlement Agreement Speedy Rooter Fite No. 2011-00567 Page 14 CATHERINE N. WOJCI CHOWSKI DEPUTY CHIEF COUNSEL DEPARTMENT OF LABOR & INDUSTRY Dated: 4 ? 0., '1 CERTIFICATE OF SERVICE 1 certify that on this date I served a copy of the foregoing Plaintiffs Second Request for Admissions Directed to Defendant, Speedy Rooter, by depositing a true copy of same in a depository under the exclusive care and custody of the United States Postal Service, via prepaid, first class mail, and addressed as follows: Nathaniel W. Boyd, Esquire 23 East Princess Street York. PA 17403 Attorney, for Defendants KRZYWICKI & Dated: May 16, 2012 BY: TES, P.C.