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HomeMy WebLinkAbout13-2427 Supreme Cou nnsylvania 9e6 COU1'� f�C,o�mmo " Pleas l'or +l�rothoirntarV Uae �����it�s �� ' i. 1 � Cover S e t � X1 7 a` � r �i �r " t1 Doci`ct�No 0 1 Co x s ti r 45 � Cumb rland y � County N� ,.'s.. The iglbrntation collected orr this form is used sole /v for court administration purposes. T his form does 170t supplement or replace tlte ling and service of )loadings or other papers as required by law or rules of'court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Turisdiction ❑ Declaration of Taking Lead Plaintiff's Name: L ead Defendant's Name: PPL Electric Utilities Corporation Ajax Communications a/k /a Impex Are money damages requested? ©Yes El No Dollar Amount Requested: ✓❑within arbitration limits 0 .I check one ( ) ❑outside arbitration limits Is this a Class Action Suit? [1 Yes © No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Anthony P. Krzywicki, Esquire ❑ Circeli: liere if 3 bai no attorney (ar•e a. Self- .Repr•esetited [Prti Sel Litigant) 1 a� " Nature of the'Case Place an "X to the left of the. case category that most accurately describes your " PRIMARY CASE. If you are making more1han one type of claim%check the :one:that. )IOU consider most important. TORT (do not inclade Mass Tort) CONTRACT (do not inchtde Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other S. Product Liability (does not include ❑ mass tort) Employment Dispute: 8 Slander/Libel/ Defamation Discrimination Other: ❑ Employment Dispute: Other ❑ Zoning Board �- Underground util da ❑ Other: 'y Z , ❑ Other: MASS TORT ❑ Asbestos N Tobacco 4 Toxic Tort - DES (l Toxic Tort - Implant t� p Toxic Waste REAL PROPERTY MISCELLANEOUS ��^.°`�� ❑ ❑ Other: ❑ Ejectment ❑ Conmion Law /Statutory Arbitration B Eminent Domain/Condenmation E] Declaratory Judgment Ground Rent Mandamus ❑ Landlordfrenant Dispute e Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 8 Mortgage Foreclosure: Conunercial Quo Warranto ❑ Dental ❑ Partition B Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: }.` ❑ Other Professional: Updated 1 /1/2011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff No. 0 c2 w vs. ARBITRATION r" Nr , 8 Ya AJAX COMMUNICATIONS A/K /A IMPEX DEIDO E. DEPINTOR a/k1a {o -�, CD r DEIDO DEPINTOR and P . C =x xC7 QUANTA SERVICES INC., ; 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 103.?Kpi - a��q (O.Q IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. vs. ARBITRATION AJAX COMMUNICATIONS A/K /A IMPEX, DEIDO E. DEPINTOR a/k/a DEIDO DEPINTOR and QUANTA SERVICES INC., Defendants. COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION to recover damages from Defendants arising out of damage to property owned by PPL ELECTRIC UTILITIES CORPORATION. 2. PPL ELECTRIC UTILITIES CORPORATION is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, Pennsylvania, 18101. 3. Defendant, AJAX COMMUNICATIONS A/K /A IMPEX, is a Pennsylvania fictitious company with a place of business at 3837 Sugarloaf Parkway, Frederick, Maryland, 21704. 4. Defendant, DEIDO E. DEPINTOR A/K/A DEIDO DEPINTOR, is an adult individual who currently resides 3837 Sugarloaf Parkway, Frederick, Maryland, 21704 and is the owner of the fictitious company Defendant, AJAX COMMUNICATIONS A/K /A IMPEX. 5. Defendant, QUANTA SERVICES INC., is a Texas corporation with a principal place of business at 2800 Post Oak Boulevard, Suite 2600, Houston, Texas, 77056. 6. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT PPL ELECTRIC UTILITIES CORPORATION VS. DEIDO E. DEPINTOR A/K/A DEIDO DEPINTOR NEGLIGENCE PER SE 7. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 8. Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, while excavating for Defendant, AJAX COMMUNICATIONS A/K/A IMPEX, 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; C) determined that markings identifying the location of the utility line were not clear but continued to dig with a mechanical boring machine in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the gas line. 9. Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, on or about October 1.1, 2011, while digging struck and damage an underground cable owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Alberta Avenue, Hampden Township, Cumberland County, Pennsylvania. 10. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 11. Plaintiff has been damaged in the amount of $7,625.00, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $7,625.00, 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. DEIDO E. DEPINTOR A/K/A DEIDO DEPINTOR COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 above are incorporated by reference as if fully set forth. 13. Plaintiff used standard industry markings to identify the location of its electric line prior to October 11, 2011. 14. Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, 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 s underground utility lines; C) determined that markings identifying the location of the utility line were not clear but continued to dig with a mechanical boring machine in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the gas line. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $7,625.00, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT III PPL ELECTRIC UTILITIES CORPORATION VS. AJAX COMMUNICATIONS A/K/A IMPEX VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, AJAX COMMUNICATIONS A/K /A IMPEX, permitted and encouraged the actions of its agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 17. Defendant, AJAX COMMUNICATIONS A/K /A IlVIPEX, was the owner of the mechanical boring machine that struck and damaged underground primary cable. 18. Defendant, AJAX COMMUNICATIONS A/K /A M'EX, is vicariously responsible for the actions of its agents and employees. 19. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 20. The aforementioned damages were the direct and proximate result of the negligence of Defendant, AJAX CONEWUNICATIONS A/K /A IMPEX, including negligent acts and /or omissions of defendant as performed individually and /or by and through others permitted to use a mechanical boring machine more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and /or train Defendant, DEIDO E. DEPINTOR A/K /A DEIDO DEPINTOR, in the operation of his/her mechanical boring machine, b) negligently and carelessly failing to properly supervise the operation and control of said mechanical boring machine; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $7,625.00, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of $7,625.00, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT IV PPL ELECTRIC UTILITIES CORPORATION VS. QUANTA SERVICES INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 22. Paragraphs 1 through 21 are incorporated by reference as if fully set forth herein. 23. Defendant, QUANTA SERVICES INC., permitted and encouraged the actions of its agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 24. Defendant, QUANTA SERVICES INC., is vicariously responsible for the actions of its agents and employees. 25. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 20. The aforementioned damages were the direct and proximate result of the negligence of Defendant, QUANTA SERVICES INC., including negligent acts and /or omissions of defendant as performed individually and /or by and through others permitted to use a mechanical boring machine more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and /or train Defendant, AJAX COMMUNICATIONS A/K /A IMPEX, in the operation of his /her mechanical boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said mechanical boring machine; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $7,625.00, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of $7,625.00, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES, P.C. DATED: April 29, 2013 By: r ony P. Kr cki, ire Box5 e, A 8 862 -4 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: April 29, 201.3 A HON , ESQUIRE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 13-2427 Civil vs. ARBITRATION AJAX COMMUNICATIONS A/K/A IMPEX, a DEIDO E. DEPINTOR a/k/a C-_ -, DEIDO DEPINTOR and CO C--' r QUANTA SERVICES INC.. 70c cnk © �n Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Ajax Communications a/k/a Impex, at their last known address, which is 3837 Sugarloaf Parkway, Frederick, Maryland, 21704, by Certificate of Mailing on May 16, 2013 and Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service returned unclaimed on June 12, 2013; to Defendant, Deido E. Depintor a/k/a Deido Depintor, at his last known address, which is 3837 Sugarloaf Parkway, Frederick, Maryland, 21704, , by Certificate of Mailing on May 16, 2013 and Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service returned unclaimed on June 12, 2013; and to Defendant, Quanta Services Inc., by Certified Mail, Return Receipt Requested, under the exclusive care and custody May 13, 2013 and by Certificate of Mailing on May 16, 201.3. A copy of the USPS receipts are annexed hereto and made a part hereof. KRZYWICKI & ATES, P.C. By: thony P. Kr i squire ttorney f t P. 0 x 5 New Hope, A 1 Attorney I 5. 23754 (215) 862-4390 Sworn to before me this —May of 2013. 0±� 92 q 2 NOTAR PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO.,BUCKS COUNTY My Commission Expires Mar 14,2016 ` LNITEVSTaTES P037dt.SERVICEA 2 Certificate Of Mailinc rho CnRii3Catn of Medirg tx(gde,er,azru-,�,M mail has boon pmscm"to USPSM formn:hrg o m hr lann moybo ute4.ar dNnozhr."i utlemalorml moll o A n From: S M ]<,-zywicki & Associates,P.C. 'P.O. Box 505 New I-Tope,PA 18938 -99 z O m uJ o Jc. E�cn T � A ax Communications a/k/a :Cmp xo` ow=- 3837 Su-rarloaf Parkway .y z' com�N Frederick, MD 2:1704 �' ��" D m PS Form 3$97,April 2007 PSN 7530-02-000-9065 3� sZ U.S. Postal Service,. ru CERTIFIED MAIL,. RECEIPT ru (DomestiqMaft Only,No Insurance Coverage ProvideqL---� Information For delivery rn -IF ' U Ln Postage $ 1 C3 CertMed Fes ,y lJ HQ M Return Receipt Fea t. . y% P {Endo!ss(wtent ReQult9d) , L3 Res'vktsd Delivery Fee '!1 M (Endorsement Required) / Total Postage&Fees i M97 a Ajax Co a n�pex 1 I 3iiw Apr:lUo.:" 3837 Sugarloaf Parkway orPl3soxNo, - Frederick,MP 21704 C(!y,Sate'ZIP+4 1 . r j USPS.com®R -Track&Confirm 6/17/13 9:41 AM English Customer Service USPS Mobile Register I Sign In U-Sps. Search LJSPS.com or Track Pockages, ,J,,:t Tvwl rt M113.1 Track & Confirm GET EMAIL UPDATES PRINT UETAII.a YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES Z72 First-Class Mail® Delivered June 14,2013,12:32 pm NEWHOPE,PA 18938 Expected Delivery By: May 10,2013 Certified Mail- ;Return Receipt Available for Pickup June 14,2013,8:59 am NEW HOPE,PA 18938 Depart USPS Sort June 13,2013 SOUTHEASTERN,PA 19399 Facility Processed at USPS June 13,2013,8:35 pm SOUTHEASTERN,PA 19399 Origin Sort Facility Unclaimed June 12,2013,1:50 pm FREDERICK,MD 21701 Notice Left May 18,2013,1:00 Prn FREDERICK,MID 21704 Notice'Left May 11,2013,12:31 pin i FREDERICK.MD21704 Arrival at Unit may lo,2013,9:25 am FREDERICK,MID 21701 Depart USPS Sort May 10,2013 BALTIMORE,MD21233 Facility Processed through May 10,2013,1:48 am BALTIMORE,MD 21233 j USPS Sort Facility 1 Depart USPS Sort May 8,2013 j PHILADELPHIA,PA 19176 Facility Processed at USPS May 8,2013,8:39 pm PHILADELPHIA,PA 19176 Origin Sort Facility Dispatched to Sort May 8,2013:3:01 pm t NEW HOPE,PA 18938 Facility Acceptance May 8,2013.12:14 Pm i NEW HOPE,PA 18938 Check on Another Item If What's your label(or receipt)number? 70051820000555038265 F 11n d LEGAL ON lJSPS.COlV1 ON ABOUT.USPS.COM OTHER LISPS SITES Privacy Policy, Gcvernrnen'Sprvices> About USPS Home Business Customer Gateway) Terms of Use BUY Stamps F;Shop, Newsroom> Postal Inspectors> FCIA> Print a Label with Postage> Atail Service Updates) Inspector General 1 No FEAR Act EEO Data ServicA, Fcnis&Publi-aticnS, Postal Explorer https://tools.usps.com/go/TrackConfirMAction.action Page I of 2 uNITMID AT o POSTiALSERVtCE® a Certificate Of f _ P m 0 p(w.d., ..s:,.y tl7At ni.:ii nee GrH� �+.r:l t .�.r-. ° `^h h om: �h m T Kr7ywicki & Associates, P.O. Box 505 Neer Hope, PA '189-3 1�, Mr. Deido C. Depiiitol* £ �, a/k/a Deido Depintor Cc=a, u W��o ;537 Sugarloaf Parkway ,. ��� °°m w C) Frederick,Frederick, MD 21704. r„ ��� QS Form 3897,April 2007 PSN 7530-02-000-9065 � , Postal (Domestic CERTIFIED MAILT. RECEIPT ru • Provided) co m '"Z: rk"• �' 1 l 1 LrJ UI Postage $ o }�'S certt(tAo Fes r-' ti Retum Rsaelpt Fes SO, �P�(Endorsement Required) ,N L3 Restftw Delivery Fee t�s: fU (EndorsementRequlred) 3 co� Total Post•.pe&Fees ��+ S7 �15tr�E�'2C113 U-) sent TO Mr. Deido:E. Depintor a/k/a.Deldo:Depintor orPO Box nu,• 3837 Sugarloaf Parkway Nji_N ff15; Frederick, MD 21704 USPS.com®-Track&Confirm 6/17/13 9:41 AM • English Customer Service LISPS Mobile Register/Sign In EU Xdh ' Search USPS.com or Track Packages Track & Confirm GET EMAIL UPDATES Fe"P!','{':ii:•t!L`, YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES First-Class MailO Available for Pickup June 15,2013,9:12 am NEW HOPE,PA 18938 Expected Delivery By: May 10,2013 Certified Mail— Return Receipt Depart USPS Sort ;June 13,2013 SOUTHEASTERN,PA 19399 Facility Processed at USPS June 13,2013,8:35 pm SOUTHEASTERN,PA 19399 Origin Sort Facility i I Unclaimed i June 12,2013,1:50 pm FREDERICK,MD 21701 Notice Left May 18,2013,1:00 pm FREDERICK,MD 21704 Notice Left May 11,2013,12:31 pm FREDERICK,MD21704 Arrival at Unit May 10,2013,9:25 am FREDERICK,MD 21701 ' Depart USPS Sort May 10,2013 BALTIMORE,MD 21233 Facility i Processed through ?May 10,2013,1;47 am ;BALTIMORE,MD21233 USPS Sort Facility Depart USPS Sort May 8,2013 ;PHILADELPHIA,PA 19176 i Facility Processed at USPS May 8,2013,8:41 pm PHILADELPHIA,PA 19176 Origin Sort Facility Dispatched to Sort May 8,2013,3:01 pm NEW HOPE,PA 18938 Facility i Acceptance May 8,2013,12:14 pm NEW HOPE,PA 18938 Check on Another Item What's your label(or receipt)number? Find t LEGAL ON LISPS.COM ON ABOUT.LISPS.COM OTHER LISPS SITES Prr.,acy Policy; Govemment Services) AbGLA LISPS Home, Business CUS10mer Gateway, Terms of Use,, Buy Stamps&Shop> Newsroom> Postal Inspectors> F'OIA, Print a Label with Postage) Mail Service Updates> inspector General> No FEAR Act EEO Data> Cm omer Service, Forns&Public=ions> Postal C xpiorer> Delivering Soiutions to the L.ast Mile; Career> Site Index> https://tools.usps.com/go/TrackConfirmAction.action Page 1 of 2 33sa � Postal -o CERTIFIED MAIL,., RECEIPT Ln ru (Domestic-Mail Only;No Insurance Coverage Provided) CO For delivery information visit our website at www.usps-com.. C] \ l Y LO i. 0 t I,�/ Cer�lad Fee 0 r rk l7 Return Receipt Fee C3 (Endorsertrent Required) v C3 RestrlQed Delivery Foo L �� fLJ (Endotsernerrt ReQukcd) l Total Postage 0 0 Sent To Quanta. Services Inc. ° 2800 Post.Oak Blvd., Ste 2600 r- �aaa�i{pf7Jo:;. or PO Box No. _._ ii.ouston, TX 77056 cn,;&rare,zta.. r SENDER: - COMPLETE ■ Complete items 1,2,and 3.Also complete A. Kature ((►► item 4 if Restricted Delivery is desired. 1+� 13 Agent ■ Print your name and address on the reverse X 11 �� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. D to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Quanta. Services Inc. 2800 Past Oak-.131vd., Ste 2600 HOUStorl, TX 77056 3. Service Type ❑Certified Mail ❑Express Mail 13 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer fromservlce 7005 1820 0005 5503 8258 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1640' UNITED STdTES °p POVAL SERVICES Certificate Of Mailir e �hS CBrbfiCet00f Meili - b ng FVOV�d852vig6nCB U19t mail lies been presented fe usp a IN rneill C "his fomt mey he user fudomestic and internelwnat mail r�N From: Krzywicki & Associ.a.tes, P. P.O. Box 505 a �� New)dope; PA 18938 t `° c m Ql.la.i7ta. Services Inc. !�� �OMO— Com°f°n 2800 Post Oak.Blvd., Ste 2600 I louston, TX 77056, m PS Form 3817,April 2007 PSN 7530-02-000-9055 I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action Law Plaintiff, No. 13-2427 Civil Term VS. DEIDO E.DEPINTOR,A/K/A r� AJAX COMMUNICATIONS rn . C Defendants. �� e— CD -C� RESPONSE TO COMPLAINT 1. This is a response to a legal action by the defendant, Deido E. Depintor, to respond the allegations of damages to property owned by the plaintiff, PPL Electric Utilities Corporation, a corporation with a principal place of business at 2 N 9h Street,Allentown,Pennsylvania, 18101. 2. Defendant, Ajax Communications is a Maryland sole-proprietorship company licensed to do business as a utility contractor under the laws of the state of Maryland,with place of business at 6830 Olney-Laytonsville Rd,Laytonsville,Maryland,20882. 3. Defendant, Deido E. Depintor, is an adult individual residing at 3837, Sugarloaf Parkway, Frederick,Maryland,;21704. COUNT I RESPONSE 4. Follow the responses to each allegation according to the legal complaint; Allegation 8.a)of the legal`complaint; a) I deny telling the complainant that, we did indeed employed prudent,excavation techniques, and the techniques we employed were the ones that avoided further damages of unmarked and mismarked lines, which were responsibilities of the Plaintiff to locate lines according with the Underground Utility Line Protection Law, regulated by the Department of Labor and Industry, Act 287 section 2 of 1974 as. amended. Allegation 8.b)of the legal complaint; b)I deny telling the complainant that we did indeed exercise all reasonable steps to avoid the damages.In fact, incorrect markings misguided us and impeded the conclusion of the excavations safely. Allegation 8.c)of the legal complaint; c)I deny telling the complainant that the markings were clear according with the Pennsylvania One O dt System tickets and evidence of photos and video. I deny the use of a mechanical boring machine, but I admit the use of a hydraulic boring tool in an area that all marked utility lines were exposed according with the right practices. I also deny using this equipment near gas lines. Gas lines were not present according with evidence. Allegation 8.d)of the legal complaint; d) I deny telling the complainant that all utilities were hand dug and the marked lines were exposed according with their markings. All utility lines were found, except the electric line in question, which it was not marked. Allegation 8.e);of the legal complaint; e)I deny telling the complainant that all marked lines were exposed.This allegation is false. t 4 COUNT 11 RESPONSE 5. Follow the responses to each allegation according to the legal complaint; Allegation 14.a)of the legal complaint; a) I deny telling the complainant that, we did indeed employed prudent excavation techniques, and the techniques we employed were the ones that avoided further damages of unmarked and mismarked lines, which were responsibilities of the Plaintiff to locate lines according with the Underground Utility Line Protection Law, regulated by the Department of Labor and Industry, Act 287 section 2 of 1974 as amended. Allegation 14.b)of the legal complaint; b)I deny telling the complainant that we did indeed exercise all reasonable steps to avoid the damages.In fact, incorrect markings misguided us and impeded the conclusion of the excavations safely. Allegation 14.c)of the legal complaint; c)I deny telling the complainant that the markings were clear according with the Pennsylvania One Call System tickets and evidence of photos and video. I deny the use of a mechanical boring machine, but I admit the use of a hydraulic boring tool in an area that all marked utility lines were exposed according with the right practices. I also deny using this equipment near gas lines. Gas lines were not present according with evidence. Allegation 14A)of the legal complaint; d) I deny telling the complainant that all utilities were hand dug and the marked lines were exposed according with their markings. All utility lines were found, except the electric line in question, which it was not marked. Allegation 14.e)of the legal complaint; e}I deny telling the complainant that all marked lines were exposed.This allegation is false. COUNT III RESPONSE 6. The defendant has a training program which has its regular meetings every Thursdays, as well as a training video made by Quanta Services, the prime-contractor, showing the right practices to be followed by all workers. 7. No mechanical bore machine was used in this incident. 8. Damages caused by Ajax Communications, were consequences of irresponsible actions and inactions of the Plaintiff. The Plaintiff neglects sending their employees and associates with outdated maps and equipment,to poorly mark their lines.It lacks of providing;enough time for training, complaint by their employees, and not enough staff to conclude their markings according with the timeframe imposed by law, stressing their workers to minimize cost. 9. Ajax Communications sent evidence and damage report to the Department of Labor and Industry, the company's Insurance Agency and Quanta Services, the prime contractor. Those entities have not found any evidence which would determine that the defendant is at fault. 10. Ajax Communications deny all charges in regards to this matter. COUNTERCLAIM 11. The defendant has contacted plaintiff to have an invoice paid, but has not received any response. Invoice of the amount of$6,200.00,represents the sum of back charges of damages done to the tool used during the incident,and downtime of 18 workers who stood down for 2 days by Plaintiff's request, so the lines could be marked correctly. WHEREFORE, Defendant, Deido E. Depintor d/b/a Ajax Communications, hereby moves the Court to dismiss Plaintiffs Complaint with prejudice. Respectfully submitted, . July 9,2013 Co unications By: Deido E.Depintor 3837, Sugarloaf Parkway Frederick,Md 21704 (301)370-9825 VERIFICATION I, Deido E. Depintor, do hereby verify that the statements made in foregoing document are true and correct to the best of my knowledge. I understand that the statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to unworn falsification to authorities. July,9, 2013 Deido E. Depintor { M 1L D-e�:_F ICy. KRZYWICKI &ASSOCIATES, P.C. + By: Anthony P. Krzywicki,Esquire Attorney i ; Attorney for Plaintiff P.O. Box 505 CUMBERLAND COUNTY New Hope, PA 18938 °ENNSYLVAINIA (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA. PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 13-2427 Civil Term VS. : ARBITRATION AJAX COMMUNICATIONS A/K/A IMPEX, DEIDO E. DEPINTOR a/k/a : DEIDO DEPINTOR and : QUANTA SERVICES INC., : Defendants. NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ATTACHED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. KRZYWICKI & Cl ES, P Dated: July 19, 2013 BY: An ony P. zy c s re KRZYWICKI&ASSOCIATES, P.C. By: Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 13-2427 Civil Term VS. ARBITRATION AJAX COMMUNICATIONS A/K/A IMPEX, DEIDO E. DEPINTOR a/k/a DEIDO DEPINTOR and QUANTA SERVICES INC., ; Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS',AJAX COMMUNICATIONS a/k/a IMPEX AND DEIDO E.DEPINTOR a/k/a DEIDO DEPINTOR COUNTERCLAIM 11. Denied. After reasonable investigation, Counterclaim Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein. Accordingly, all allegations in this paragraph are denied and strict proof is demanded at the time of trial. Counterclaim Plaintiff's claim is barred as being contrary to Pennsylvania case law on "Economic Loss." In Excavation Technologies, Inc. v. Columbia Gas Co. of Penna., 2009 WL 5103605 (Pa. 2009), the Pennsylvania Supreme Court upheld the economic loss doctrine. The Superior Court affirmed, recognizing the economic loss doctrine precludes recovery in negligence actions for injuries, which are solely economic. WHEREFORE, Plaintiff/Counterclaim Defendant, PPL Electric Utilities Corporation respectfully request that Defendants' Counterclaim be dismissed in its entirety. COUNTERCLAIM DEFENDANT'S NEW MATTER 12. The answers and averments in paragraphs 1 through 11 above are incorporated by reference as though set forth at length herein. 13. Counterclaim Plaintiff's claims are barred by the statute of limitations. 14. Counterclaim Plaintiff failed to state claims upon which relief may be granted. 15. Counterclaim Plaintiff's claims is waived,barred or limited by the doctrine of comparative negligence and/or other grounds. 16. Inasmuch as Pa.R.C.P. 1032 provides that a parry waives all defenses not presented by way of answer, Counterclaim Defendant,upon advice of counsel,hereby asserts all of the affirmative defenses set forth in Pa.R.C.P. 1010(a). 17. Counterclaim Plaintiff s alleged damages were proximately caused, in whole or part, by the fault of third parties for whom Counterclaim Defendant is not legally responsible. 18. Counterclaim Plaintiff s claim for damage is excessive and unsupported and, therefore, must be barred or reduced. 19. Counterclaim Plaintiff failed to mitigate damages. 20. Counterclaim Plaintiff is barred from presenting its claim under the theory of Equitable Estoppel. 21. Counterclaim Defendant detrimentally relied upon Counterclaim Plaintiff s intentional and/or negligent representations. 22. Counterclaim Plaintiff s claim is barred as being contrary to Pennsylvania case law on"Economic Loss." In Excavation Technologies, Inc. v. Columbia Gas Co. of Penna., 2009 WL 5103605 (Pa. 2009),the Pennsylvania Supreme Court upheld the economic loss doctrine. The Superior Court affirmed,recognizing the economic loss doctrine precludes recovery in negligence actions for injuries, which are solely economic. WHEREFORE,Plaintiff/Counterclaim Defendant respectfully requests that this Honorable Court dismiss Defendants/Counterclaim Plaintiffs' Counterclaim with prejudice, deny the relief requested therein, and grant judgment in favor of Plaintiff/Counterclaim Defendant and against Counterclaim Plaintiffs. KRZYWICKI&ASSOCIATES,P.C. Dated: July 19, 2013 BY: nthony P. I w' , Es re Attorn or P of 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: July 19, 2013 Ant y P. z is Esquire 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: Deido E. Depintor a/k/a Deido Depintor 3837 Sugarloaf Parkway Frederick, MD 21704 Pro Se and on behalf of Defendant, AJAX Communications a/k/a Impex KRZYWICKI &ASSOCIATES,P.C. Dated: July 19, 2013 By: thon w' i, E wire re ey f mtiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 13-2427 Civil VS. ARBITRATION c AJAX COMMUNICATIONS A/K/A IMPEX, DEIDO E. DEPINTOR a/k/a W DEIDO DEPINTOR and QUANTA SERVICES INC., C5 c N3 Defendants. , PRAECIPE TO SETTLE,DISCONTINUE,AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants without prejudice upon payment of your costs only. KRZYWICKI &AS TE C. DATED: August 27,2013 - BY: Ant y P. ickk,"Es P.O. BOX 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754