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HomeMy WebLinkAbout13-1486 IN TFIE COURT OTCOMMON PLEAS, C['MBERLAND COl1NTY, PENNY >YLVANIA [ GI C,'TILITIES IN('- Civil Action -plan" L� Plaintiff, No. ti ARBITRATION I"_ K. SERVICLS, INC and ('IIARLES SH[_NJAKFR, - 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 P ilo ff. () 0 CLA /6/9a e if -I IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY. PENNSYLVANIA l 'Gl tTILITIES INC_. Civil Action - In Lavv Plaintiff. No. ARBITRATION E. K SERVICES, INC. and CHARLES SHUMAKER, Defendants. COMPLAINT This is an action by Plaintiff, UGI UTILITIES INC to recover dama from Defendant arising— out of a debt the Defendants owes to plaintiff by virtue of a utility service. L�GI T a ILITIES INC. is Pennsylvni aa corporati U on duly organized and exist'ng and licensed to do bi.isiness as a public utility under the laws of the Commonwealth of Pennsvlvania with a principal place of business at P.O. Box 12677, Reading, Pennsylvania, Defendant, E. K_ SER\ INC , is a Pennsylvania Corporation wit:ll a principle place of business located at 260 Old York Road_ New Cumberland. Pennsvkania, I 7(}. _ Defendant, CHARLES SHUMAKER, is an adult individual who currently resides i1 ? i "; Hillcrest Road_ Enola. Pennsvlvania_ 17025_ \t all times relevant hereto, plaintiff was eiigaged in the business Of i)roducin<r. FUrnishinu. supplvinL and distributing utility service to persons and businesses who requested uldM sery ice in accordance with the Rate Schedules and General Rules and Re(ulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I UGI UTILITIES INC. VS. CHARLES SHUMAKER NEGLIGENCE PER SE � I'he allegations contained in paragraphs 1 till above are incorporated by referenced as iff ill\ set forth. Defendant. CHARLES SHUMAKER, violated the Underground Utility Line pr(o)tection Lavv.:pct 187 of 19 ()6 in that hc: ,l did not emplov 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; C) did not hand d10 to locate the utility line when Defendants determined that the markin < —Ts were not clear; and ch did not hand diL a test hole to 1dent1fv location of the gas line. Defendant, CH.ARLLS SHUMAKER on or about December 2. 201 i _ while Operatin<, a tracklhoe struck and damaged an undergiround active (— utility line owned and operated by UGI UTILITIES INC. at the vicinity of Walton Street. Lemovne, Cumberland aunty, Pennsvlvania_ ? I:)cfendant's actions or inaction as set forth above are the proximate cause of the dama�es as set 1or ahm e and herein 1(1 Plaintiff made demand on Defendant, CHARLES SHUNJAKER, to repay the sums then clue and my ing to plaintiff, but Defendant, CHARLES SHUMAKER, has refused to p�tv Plaintiff. I i Plaintiff has been damaged in the amount of $6.974.04. including costs and attornevs fees. \VFIFREFORE_ Plaintiff. UGI UTILITIES INC , demands judgment against the Defendants_ in an amount in excess of 56,974.94, together with costs, prejudgment and post jt.tci.�ment interest and delav dama(_�es as the law may alloN�. COUNT If UGI UTILITIES INC. VS. CHARLES SHtTMAKER COMMON t.. -1W 'TORT I alle­ations contained in Paragraphs I throu( 1 I above are incorporated by reference as if fully set forth. I Plaintiff used standard industry markings to identifv the location of its active - lmdersrottnd Lras utility line prior to December 2, 201 1 I i Defendant. CI-IARLES SHUMAKER, (lid not exercise due care and did not take al! reasonable steps to avoid dam �( age to the active as utility line owned by UGI UTILITIES IN(.. 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 dama to Plaintiffs underground utility lines; c l did not hand di(- to locate the utility line when Defendants determined that the markings were not clear, l (lid not hand dig a test hole to identify location of the gas line_ r) Defendant, CI LyRLES S1JUN'IAKER, did not place a call to Call One system prior to excavating thereby risking a catastrophe. WHEREFORE. Plaintiff_ UGI UTILITIES INC., demands jud.gtnent against the Defendants. in an amount in excess of 56,974.04, together with costs, prejudgment and post Mciumem interest and delay damages as the law may allow. COUNT 111 FGI UTILITIES INC. VS. E. K. SERVICES, INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE. AGENT OR REPRESENTATIVE I Para (— I through 14 are incorporated by reference as if t'Ully set forth herein. 10 Defendant, E. K. SERVICES, ING., was the owner of the impact tool that struck :111d damaged an i_mderground active Oas utility line. I ?. Defendant, E. K. SERVICES, INC., permitted and encouraged the actions of its auems and emplovees by not implementing a training program which addressed circumstances �IICIJ as those which occurred on the date of the accident. I " Defendant, E. K. SERVICES_ INC., is vicariously responsible for the actions of sl.ti a <uents and employees. 1 �?. Defeaidant's actions or inaction as set forth above are the proximate pause of the .1ama��es as ser forth above an n d herei_ The aforementioned damages \ ci the direct and proximate result of the uence of Defendant. E_ K. SERVICES, IN('_. inci.uding neulm-ent acts and/or omissions of defendant as performed individually and /or by and through others permitted to use a 11 mare specitically described as follows: a) negligently and carelessly failing to properly and adequately supervise and /or train Defendant', employee, a <-,ent or representative. in the operation of his/her impact tool_ I�) negligently and carelessly failing to properly supervise the operation and control of said impact tool. and otherwise failing to exercise reasonable care under the circumstances. 1 Plaintiff has been dama�_ in the amount of $6,074.94 including, costs and attoi new lees WFIEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant, in an amount in excess of 56,974.94, together xvith costs, prejudgment and post jtidgment interest and delay damages as the lm« may allow. Respectfully submitted, KRJYWICKI & ASSOCIATES, P.C. D Ma 16, ?013 B-1 nthon_ c J, �ne r P O. )� New Hope, PA 18938 2'15 -86? -4;90 fyttorney for Plaintiff' Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I. ANTHONY P KRZ.YWICKI. ESQUIRE, verifv that I am the attornev for Plaintiff in the withitl case. that the appropriate officers of the Plaintiff are not Ivailable vy'thin the time for servin the foregoin�� to provide their verification. that I am �uPticiently familiar vvith the facts set forth in th rego e foing Pleading to take this verification; :1110 that such facts are true and correct to the best of my knowledge. information and belief: haled 1_1pon the company's business records and matters of public record. I understand that the -,tl onw,rnts herein are made subject to the penalties of 18 Pa. Consol. Stilt. Ann. 4 relating tC Us \.A -o]`n falsificat to authot ties n AN "T NY P , ESQUIRE C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r Ei EU_1}�c�ysr Sheriff 1 dTr ��tit}Y5%`bt�111librTj�k� �'1� II�� PRO1 �i Ji J ea Jody S Smith g Chief Deputy � 20113 APR 17 Ate 9: 14 Richard W Stewart Solicitor Of FILE{}FTh£Sx£RIFF CIJMBERLAND C[J NI'Y PENNSYLVANIA UGI Utilities, Inc. Case Number vs. E.K. Services, Inc. let al.) 2013-1486 SHERIFF'S RETURN OF SERVICE 03/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: E.K. Services, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint& Notice according to law. 03/22/2013 08:45 PM- Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Charles Shumaker at 10 Hillcrest Road, East Pennsboro, Enola, PA 17025. TIM BLACK, DEPUTY 03/28/2013 09:58 AM-The requested Complaint&Notice served by the Sheriff of York County upon Heidi Miller, who accepted for E.K. Services, Inc., at 260 Old York Road, New Cumberland, PA 17070. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $68.46 SO ANSWERS, April 11, 2013 RONNY R ANDERSON, SHERIFF Ic)CoWySWle Sftariff,Tdle ..lt,Inc. SHERIFF'S OFFICE-OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations , Chief Deputy,Administration UGI UTILITIES INC vs. Case Number E.K. SERVICES INC 13-1486 CIVIL SHERIFF'S RETURN OF SERVICE 03/28/2013 09:58 AM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE HEIDI MILLER,ADMIN., WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR E.K. SERVICES INC AT 260 OLD YORK RD., NEW CUMBERLAND, PA 17070. MICHAEL MNOVAN, DEPUTY SHERIFF COST: $45.60 S ACTING SHER FO RICHARD P. KEUERLEBER, SHERIFF April 08, 2013 RICHARD P KEUERLEBER, SHERIFF COMMONyyEgl TH OF PENNSYLVANIA $Ie11a E.NOt.. Seal Cam York C unik MEMBEq,AENMMAN6t •1,2017 ASSQQATIIXI OF NO'rAprES .............................._.........................................................-........_____._________________________........ NOTARY Affirmed and subscribed to before me this 8TH day of APRIL 2013 (c)CountySuite Sheriff.Teleo 1,Inc. OF THE PROTHOKOTAR 2013 APR 23 AM11'. 08 CU11BERLAND COUNTY JOHNSON,DUFFLE,STEWART&WEIDN4WN14SYLVANIA Attorneys for Defendants By: Matthew Ridley E. K. Services, Inc. and Charles Shumaker I.D. No. 204265 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw,com UGI UTILITIES INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1486 Civil E. K. SERVICES, INC. and CIVIL ACTION — LAW CHARLES SHUMAKER, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants E. K. Services, Inc. and Charles Shumaker in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: April 2, 2013 Counsel for Defendants 552675 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April zz, 2013: Anthony P. Krzywicki, Esquire Krzywicki &Associates, P.C. P.O. Box 505 New Hope, PA 18938 JOHNSON, DUFFIE, STEWART &WEIDNER By: : C -, Matthew Ridley, Esquire JOHNSON, DUFFIE,STEWART$WEIDNER CUMBERLAHO C�tt', d. Attorneys for Defendants By: Matthew Ridley PENNS YLV �K`�Services, Inc. and Charles Shumaker I.D. No. 204265 Alf 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com UGI UTILITIES INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1486 Civil E. K. SERVICES, INC. and CIVIL ACTION — LAW CHARLES SHUMAKER, ; Defendants JURY TRIAL DEMANDED .�, NOTICE TO PLEAD TO: UGI UTILITIES, INC. - c/o Anthony P. Krzywicki, Esquire '�~c- e.,n Krzywicki & Associates, P.C. t�. P.O. Box 505 New Hope, PA 18938 Cn AND NOW, this s� day of May, 2013, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By /1 ' Matthew Ridley, Esquire Attorneys for Defendants /y ry* *a hw N,4 Attorneys DUFFIE,STEWART&WEIQNER �; � y s for Defendants � � .t Attorne By: Matthew Ridley E. K. Services, Inc. and Charles Shumaker I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com UGI UTILITIES INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1486 Civil E. K. SERVICES, INC. and CIVIL ACTION — LAW CHARLES SHUMAKER, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS AND NOW, come the Defendants, E. K. Services, Inc. and Charles Shumaker, by and through their counsel, Matthew Ridley and Johnson, Duffle, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs Complaint: 1. Paragraph 1 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. COUNT UGI UTILITIES INC. VS. CHARLES SHUMAKER NEGLIGENCE PER SE 6. Defendants incorporate by reference their answers to paragraphs 1 through 5 above as if fully set forth at length herein. 7. Paragraph 7 and its subparts state legal conclusions to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent and careless and denied that the accident and alleged damages in question were caused solely as a result of any negligence, carelessness and/or other liability producing conduct on the part of the Defendant. By way of further answer, it is denied that the Defendant violated the Underground Utility Line Protection Law, Act 187 of 1996 by: a. failing to employ prudent excavation techniques to ascertain the precise position of underground utilities; b. failing to exercise due care and take all reasonable steps necessary to avoid damage to Plaintiff's underground utility lines; C. failing to hand dig to locate the utility line when Defendants determined that the markings were not clear; and 2 t 6 d. failing to hand dig a test hole to identify location of the gas line. 8. Admitted in part, denied in part. It is admitted that the incident took place on the date, time and place of the subject accident. The remaining allegations of paragraph 8 state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. 3 t ! COUNT II UGI UTILITIES INC. VS. CHARLES SHUMAKER COMMON LAW TORT 12. Defendants incorporate by reference their answers to paragraphs 1 through 11 above as if fully set forth at length herein. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 and its subparts state legal conclusions to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent, careless or reckless, and denied that the accident and alleged damages in question were caused solely as a result of any negligence, carelessness, recklessness and/or other liability producing conduct on the part of the Defendant. By way of further answer, it is denied that the Defendant was negligent and/or careless in: a. failing to employ prudent excavation techniques to ascertain the precise position of underground utilities; b. failing to exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; 4 C' failing to hand dig to locate the utility line when Defendants determined that the markings were not clear; d. failing to hand dig a test hole to identify location of the gas line; and e. failing to place a call to Call One system prior to excavating thereby risking a catastrophe. WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT III UGI UTILITIES INC. VS. E. K. SERVICES, INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE, AGENT OR REPRESENTATIVE 15, Defendants incorporate by reference their answers to paragraphs 1 through 14 above as if fully set forth at length herein. 16. Admitted. 17, Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5 n 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 and its subparts state legal conclusions to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent, careless or reckless, and denied that the accident and alleged damages in question were caused solely as a result of any negligence, carelessness, recklessness and/or other liability producing conduct on the part of the Defendant. By way of further answer, it is denied that the Defendant was negligent, careless and/or liable for: (a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant's employee, agent or representative, in the operation of his/her impact tool; (b) negligently and carelessly failing to properly supervise the operation and control of said impact tool; and (c) otherwise failing to exercise reasonable care under the circumstances. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d). and (e). Strict proof thereof is demanded at the time of trial. 6 WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, Defendant E. K. Services, Inc. raises the following new matter: 22. Discovery may reveal that the Plaintiff failed to mitigate its damages. 23. Discovery may reveal that the cost of repairs was excessive. WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: May S , 2013 Counsel for Defendants 552858 7 VERIFICATION 1, DAVID L. BEINHOWER, hereby acknowledge that E.K. Service, Inc. is a Defendant in this action; that lam authorized to make this Verification of behalf of this entity; that I have read the foregoing Answer and New Matter of Defendants to Plaintiffs Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom,falsification to authorities. DAVID L.BEINHOWER CFO/Office Manager E.K. Service Inc. DATE: f3' C;3n/,? VERIFICATION I, CHARLES SHUMAKER, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer with New Matter of Defendants; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. CHARLES SHUMAKER DATE:—s- � CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendants, E. K. Service, Inc. to Plaintiff's Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 13 , 2013: Anthony P. Krzywicki, Esquire Krzywicki & Associates, P.C. P.O. Box 505 New Hope, PA 18938 JOHNSON, DUFFIE, STEWART & WEIDNER By:_ Matthew Ridley, Esquire F 11-E0-Of 1- i ;L KRZYWICKI& ASSOCIATES, P.C. OF T!#E PEi0TH0N0Tt`,Wz' By: Anthony P. Krzywicki, Esquire 1 Attorney for Plaintiff P.O. Box 505 CUMBERLAND COUNTY New Hope, PA 18938 PENNSYLVANIA (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action- In Law vs. No. 13-1486 Civil E.K. SERVICES INC. and ARBITRATION CHARLES SHUMAKER, Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER By way of additional answer and reply, Plaintiff UGI Utilities Inc. answers the following new matter: 22. Denied as a conclusion of law to which no answer is deemed required. 23. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, the Plaintiff respectfully requests this Honorable Court enter judgment in its favor and against the Defendants with costs and prejudice imposed. KRZYWIC & AS ES,P.C. Dated: May 21, 2013 BY: t�h�eyg�Kinfiff ci, Esquire 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: May 21, 2013 Anthon r is ', s e CERTIFICATE OF SERVICE I, 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: Matthew Ridley, Esquire Johnson,Duffie, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants,E K. Services, Inc. and Charles Shumaker• KRZYWICKI& ASSOCIATES,P.C. Dated: May 21, 2013 By: i r Anthony P rzy�wicki- Atto forai KRZYWICKI & ASSOCIATES, P.C. ii, Anthony P. Krzywicki, Esquire .:; �, Attorney for Plaintiff (` '� , P.O. Box 505 f 1' E R; 4 FCC New Hope, PA 18938 ' E rdfS'r'Ey '�� (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA • UGI UTILITIES INC., • Civil Action - In Law Plaintiff, No. 13-1486 Civil • vs. • ARBITRATION E. K. SERVICES, INC. and CHARLES SHUMAKER, • Defendants. : PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT,E.K. SERVICES,INC. 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. I • 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. On or about December 2, 2011, your employee, Defendant, Charles Shumaker, was excavating in the vicinity of the Walton Street, Lemoyne, Cumberland County, Pennsylvania. 2. On or about December 2, 2011, Defendant, E. K. Services, Inc., or one of its employees, agents, representatives, or contractors were excavating in the vicinity of the Walton Street, Lemoyne, Cumberland, Pennsylvania. 3. On or about December 2, 2011, your employee, defendant, Charles Shumaker, while in the course of his employment was operating a backhoe when s/he struck and damaged an underground active gas utility line. 4. Defendant through its employees, agents, contractors or representatives called the Pennsylvania One Call System on or about November 17, 2011, which call was identified by the One Call center as Serial Number 20113210245. 5. On or about November 17, 2011, Defendant, E. K. Services, Inc., or one of its employees, agents, representatives, or contractors placed a call to Pennsylvania One Call System, Inc. regarding excavation.. 6. Neither Defendant, E. K. Services, Inc., nor any of its employees, agents, representatives or contractors prior to December 2, 2011 told the Pennsylvania One Call System, Inc. that the location of their anticipated excavation was to be Walton Street, Lemoyne, Cumberland County, Pennsylvania. 7. Neither Defendant, E. K. Services, Inc., nor any of its employees, agents, representatives or contractors prior to December 2, 2011 told the Pennsylvania One Call System, Inc. that the anticipated excavation was to start November 22, 2011. 8. Pennsylvania One Call ticket number 20113210245 had lawful start dates of November 22, 2011 and December 5, 2011. 9. Pennsylvania One Call's ticket number for the November 17, 2011 call was 20113210245. 10. On or about November 17, 2011, E. K. Services, Inc., believed that they were in compliance with Pennsylvania One Call System, Inc.'s ticket number 20113210245 11. Defendant's employee admitted damaging the gas utility line on December 2, 2011. 12. Neither Defendant, E. K. Services, Inc., nor its employees, agents, contractors or representative protected of UGI's gas-line site markings from damage or removal or deterioration before excavating on or before December 2, 2011. 13. The employee, agent, contractor or representative who struck the underground active gas utility line was not trained in digging procedures near buried utility lines. 14. Defendant, E. K. Services, Inc., does not have a training manual nor do you provide training of its employees, agents, contractors, or representatives in precautions or procedures to employ when digging near underground utility lines. 15. Neither Defendant nor any of its employees, agents, contractors or representatives have any photographs of the site taken either before or after the gas utility line was damaged. 16. Neither Defendant, nor any of its employees, agents, contractors or representatives wrote any notes, memoranda, or letters concerning the incident occurring on or about December 2, 2011. 17. Neither Defendant, nor any of its employees, agents, contractors or representatives repaired the damage to the underground active gas utility line. 18. Representatives of the Defendant did not meet at the site of the excavation site with representatives of UGI Penn Natural Gas before the underground active gas utility line was damaged on or about December 2, 2011. 19. Neither Defendant nor anyone acting on defendant's behalf know of the existence of a surveyor's report or plot plan or report from any engineer concerning the condition of the area near or around the underground active gas utility lines in December of 2011. 20. Neither Defendant nor anyone acting on Defendant's behalf, including insurance agents, conducted any investigation of the incident that took place on December 2, 2011, which is the basis of the lawsuit. 21. On or about December 2, 2011, Defendant through its employees, agents, contractors or representatives had knowledge that utility lines were at the location where the underground active gas utility line was damaged. 22. Neither before nor after December 2, 2011, did Defendant or one of its employees, agents, contractors, or representatives used hand-digging techniques to identify the location of the gas utility line that was damaged. 23. Defendant will not present at the arbitration hearing testimony from an expert witness. 24. Defendant will not present at arbitration or trial photographs of the site. 25. Defendant, Charles Shumaker, used the Pennsylvania One Call, Serial Number 20113210245, as the basis for complying with the Pennsylvania One Call Act. 26. Neither Defendant nor any of its employees, agents, contractors or representatives prior to December 2, 2011 marked in white the anticipated excavation site nor the specific area where the gas line was damaged. KRZYWICKI :. • SSOCIATES, P.C. Dated: July 3, 2013 BY: / / Anthon zy - • squire A ► - for ' .1 Y ' CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Requests for Admissions Directed to Defendant, E. K. Services, Inc., 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: Matthew Ridley,Esquire Johnson,Duffle, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants, E. K. Services, Inc. and Charles Shumaker KRZYWICKI & ASSOCIATES,P.C. Dated: July 3, 2013 BY: • thony '. ' wic. • ''squire Atto► ey f• Pl.' • KRZYWICKI & ASSOCIATES, P.C. ;f Anthony P. Krzywicki, Esquire r U 1 3,.1U, _r , Attorney for Plaintiff ' 1 %SERI P.O. Box 505 r'i f ! c`y`�Q COW,'p.. . New Hope,PA 18938 L.VA N/A (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA • UGI UTILITIES INC., • Civil Action - In Law Plaintiff, : No. 13-1486 Civil • vs. ARBITRATION • • E. K. SERVICES, INC. and • CHARLES SHUMAKER, Defendants. : PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT, CHARLES SHUMAKER 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. On or about December 2, 2011, Defendant, Charles Shumaker, while in the course of his employment with Defendant, E. K. Services, Inc., performed excavation in the vicinity of the Walton Street, Lemoyne, Cumberland, Pennsylvania. 2. On or about December 2, 2011, Defendant, Charles Shumaker, while operating Defendant, E. K. Services, Inc.'s trackhoe, struck and damaged an active gas utility line. 3. Defendant, Charles Shumaker, was not trained in digging procedures near underground service lines. 4. Defendant, E. K. Services, Inc. did not provide Defendant, Charles Shumaker, with a training manual nor provide the Defendant with training in precautions or procedures to employ when digging near underground service lines. 5. Neither Defendant has any photographs of the site taken either before or after the service line was damaged. 6. Neither Defendant wrote any notes, memoranda or letters concerning the incident occurring on or about December 2, 2011. 7. Neither Defendant repaired the damage to the utility line. 8. Neither Defendant maintained the integrity of UGI's site markings. 9. On or about December 2, 2011, the Defendants had knowledge that utility lines were at the location where the gas utility line was damaged. 10. Neither before nor after December 2, 2011, did either Defendant use hand-digging techniques to identify the location of the gas utility line that was damaged. 11. Defendant, Charles Shumaker, admitted damaging the service line on December 2, 2011. 12. Defendant, Charles Shumaker, will not present at the arbitration hearing, testimony from an expert witness. 13. Defendant, Charles Shumaker, will not present at arbitration or trial photographs of the site. 14. Defendant, Charles Shumaker, used the Pennsylvania One Call, Serial Number 20113210245, as the basis for complying with the Pennsylvania One Call Act. KRZYWICKI &A _e .. ATES, P.C. Dated: July 3,2013 BY: An ony P. ►. ick' 's• ' e A ern- 'or ' a' • f CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Requests for Admissions Directed to Defendant, Charles Shumaker, 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: Matthew Ridley, Esquire Johnson, Duffle, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants, E. K. Services, Inc. and Charles Shumaker KRZYWICKI : SOC,ATES, P. . Dated: July 3, 2013 BY: An ony P. w' : •ire Att• or Pia' r',LEO'.O� 01 THE PROTHONO NOTARY KRZYWICKI&ASSOCIATES,P.C. Anthony P. Krzywicki,Esquire 2013 AUG 26 PM 0 27 Attorney for Plaintiff CUMBERLAND COUNTY P.O.Box 505 PENNSYLVANIA New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 13-1486 Civil VS. ARBITRATION E. K. SERVICES, INC. and CHARLES SHUMAKER, Defendants. PLAINTIFF'S SECOND REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT,E.K. SERVICES,INC. 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. T f 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. In Defendant David Beinhower's Answer to Plaintiffs Interrogatories, he provided as Exhibit "1", a CD movie of the construction site, which is the subject of this litigation. 2. The CD identified in Plaintiffs Second Request for Admissions #1, above, was made on behalf of Defendant, E.K. Services, Inc., for the purpose of litigation. 3. The CD identified in Plaintiffs Second Request for Admissions #1, above, was made on behalf of Defendant, E.K. Services, Inc., for the purpose of investigating the circumstances surrounding damage to Plaintiff s gas line. 4. The CD identified in Plaintiffs Second Request for Admissions #1, above, was made on behalf of Defendant, E. K. Services, Inc. 5. The exact location of the damaged gas pipe is represented around the 13 to 18 second mark of the CD identified in Plaintiffs Second Request for Admissions#1, above. 6. The CD produced as Exhibit "1" was either modified, altered, or enhanced by employees, representatives or agents of Defendant, E.K. Services, Inc. } 7. The CD produced as Exhibit "1" is recorded in a digitized format. KRZYWICKI &ASS TES,P.C. Dated: August 20, 2013 BY: ` hony P. i quire Attome or P i V ' ' o e CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Requests for Admissions Directed to Defendant, E.K. Services, Inc., 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: Matthew Ridley,Esquire Johnson,Duffie, Stewart& Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants, E. K. Services, Inc. and Charles Shumaker KRZYWICKI & OCIA ES,P.C. Dated: August 20,2013 BY: thon icki uire Att ey for ai MEOW t. KRZYWICKI&ASSOCIATES,P.C. Fie}N'u IA ier Anthony P. Krzywicki,Esquire 2014 JAN In Attorney for Plaintiff ('U Pty �' P.O. Box 505 1 38 PF NMSYLV CQuNTv New Hope,PA 89 A NIA (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA • UGI UTILITIES INC., Civil Action - In Law Plaintiff, • No. 13-1486 Civil • vs. • ARBITRATION • • E. K. SERVICES, INC. and • CHARLES SHUMAKER, • Defendants. : PLAINTIFF'S THIRD REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT,E.K. SERVICES,INC. 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. In Defendant, E. K. Services, Inc.'s Answer to Plaintiff's Interrogatories, they provided as Exhibit "1", a CD movie of the construction site, which is the subject of this litigation. 2. The CD identified in Plaintiff's Third Request for Admissions #1, above, was made on behalf of Defendant, E. K. Services, Inc., for the purpose of litigation. 3. The CD identified in Plaintiff's Third Request for Admissions #1, above, was made on behalf of Defendant, E. K. Services, Inc., for the purpose of investigating the circumstances surrounding damage to Plaintiff's gas line. 4. The CD identified in Plaintiff's Third Request for Admissions #1, above, was made on behalf of Defendant, E. K. Services, Inc. 5. The exact location of the damaged gas pipe is represented around the 13 to 18 second mark of the CD identified in Plaintiff's Third Request for Admissions#1, above. 6. The CD produced as Exhibit "1" was either modified, altered, or enhanced by employees, representatives or agents of Defendant, E. K. Services, Inc. 7. The CD produced as Exhibit "1" is recorded in a digitized format. KRZYWICKI&ASSOCIATES,P.C. Dated: January 6,2014 ■40°f - BY thony P. wi . qui Attorney Plai�� CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Esquire certify that on this date I served a copy of the foregoing Requests for Admissions Directed to Defendant, E. K. Services, Inc., 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: Matthew Ridley,Esquire Johnson,Duffle, Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants, E. K Services, Inc. and Charles Shumaker KRZYWICKI & e ' " •CI A TES,P.C. Dated: January 6,2014 BY: bony P. • zy . 'sq • e A orn- or Pl UMBERLA ND COLIN'lA PENNSYLVANIA KRZYWICKI &ASSOCIATES, P.C. Attorneys for Plaintiff By: Anthony P. Krzywicki, Esquire Attorney I.D. 23754 P. O. Box 505 New Hope, PA 18938 (215) 862-4390 akrzywicki@mac.com UGI UTILITIES INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1486 Civil E. K. SERVICES, INC. and CIVIL ACTION — LAW CHARLES SHUMAKER, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended, with prejudice. Respectfully submitted, KRZYWICKI &ASSO C. By: thony P. Krz ki, E e Attorney I�Ho 75 P5 18938 Telephon 215) 862-4390 Date: June�, 2014 Attorneys n iff 630462