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HomeMy WebLinkAbout13-4047 Supreme C ©,uir` ofPennsylvania COUCICf1C 1 or 7'rotlionotary Use Only ,< C�uC�e�-Set r , ;��, t Docket cumr�land . ' 7' County 1 ri. The infrrnzation collected on this form is used solely for court adininistralion purposes. This fibrin eloes not s'upplernent or rej.)lace the ling anel service of pleadings or other 19aj)ers as require4I by low or rules of co urt. Commencement of Action: ✓❑ Complaint ❑ Writ of Summons ❑ Petition S. ❑ Transfer from Another Turisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: C' UGI Utilities Inc. Hunter Concrete, LLC T Dollar Amount Requested: within arbitration: limits l Are money damages requested? ❑✓ Yes ❑ No (check one) ❑outside arbitration limits ;. d, N.. Is this a Class Action Suit? ❑ Yes © No Is this an MDJAppeal? ❑ Yes © No Name of Plaintiff /A PP ellants Attorne A ntho ny P. Kr Esquire } # ❑ Check here if you leave Ito attorney (are. a Self - Represented [Pros Sej Litigant) Nature of the Case 'Place an "X" to the left ;of the ONE case category thatnabst accurately.. describes your' PRIMARY CASE. if you are making more than one type of claim, check the one that`: you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ' ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections 8 Nuisance Dept. of Transportation Premises Liability HStatutory Appeal: Other S ❑ Product Liability (does not include ' ❑Employment Dispute: muss tort) E . Discrimination Slander/Libel/ Defamation ✓ Other: ❑Employment Dispute: Other _] Zoning Board U nderground utility dam g y g El Other: T -- L. ❑ Other: 9 MASS TORT ' ❑ Asbestos N . Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejechnent ❑ Common Law /Statutory Arbitration ❑ Other: Eminent Domain/Condenation ❑ Declaratory Judgment B m B Ground Rent Mandamus ❑ Landlord/Tenant Dispute BNon-Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY e Mortgage Foreclosure: Conunercial Quo Watranto ❑ Dental ❑ Partition ® Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: a Updated 11112011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., : Civil Action - In Law /1 Plaintiff, No. 13 _ N b q 7 VS. ARBITRATION HUNTER CONCRETE, LLC and ;� s .E DERRICK JOHNSON, r Defendants. _ c 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 / v a P IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. vs. ARBITRATION HUNTER CONCRETE, LLC and DERRICK JOHNSON, Defendants. COMPLAINT 1. This is an action by Plaintiff, UGI UTILITIES INC. to recover damages from Defendant arising out of a debt the Defendants owes to plaintiff by virtue of a utility service. 2. UGI UTILITIES INC. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at P.O. Box 12677, Reading, Pennsylvania, 19612 -2677. 3. Defendant, HUNTER CONCRETE, LLC, is a Pennsylvania Corporation with a principle place of business located at 935 Kranzel Drive, Camp Hill, Pennsylvania, 17011. 4. Defendant, DERRICK JOHNSON, is an adult individual whose current whereabouts is unknown but is employed by Defendant, HUNTER CONCRETE, LLC. 5. 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 UGI UTILITIES INC. VS. DERRICK JOHNSON NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, DERRICK JOHNSON, violated the Underground Utility Line Protection Law, Act 187 of 1996 in that he: a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, DERRICK JOHNSON, did not place a call to Call One system prior to excavating thereby risking a catastrophe. 8. Defendant, DERRICK JOHNSON, on or about October 5,2 011, while operating a trackhoe struck and damaged an underground active gas utility line owned and operated by UGI UTILITIES INC. at the vicinity of the Houser Lane, Carlisle, Cumberland County, Pennsylvania. 9. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant, DERRICK JOHNSON, to repay the sums then due and owing to Plaintiff, but Defendant, DERRICK JOHNSON, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $2022.62, including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendants, in an amount in excess of $2022.62, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. DERRICK JOHNSON 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 active- underground gas utility line prior to October 5, 2011. 14. Defendant, DERRICK JOHNSON, did not exercise due care and did not take all reasonable steps to avoid damage to the active gas utility line owned by UGI UTILITIES INC., in that he /she; a) did not employ prudent excavation techniques to ascertain the precise position of underground utilities; b) did not exercise due care and take all reasonable steps necessary to avoid damage to Plaintiffs underground utility lines; C) did not hand dig to locate the utility line when Defendants determined that the markings were not clear; d) did not hand dig a test hole to identify location of the gas line; e) Defendant, DERRICK JOHNSON, did not place a call to Call One system prior to excavating thereby risking a catastrophe. . WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendants, in an amount in excess of $2022.62, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT III UGI UTILITIES INC. VS. HUNTER CONCRETE, LLC VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, HUNTER CONCRETE, LLC, was the owner of the trackhoe that struck and damaged an underground active gas utility line. 17. Defendant, HUNTER CONCRETE, LLC, permitted and encouraged the actions of its agents and employees by not implementing a training program which addressed circumstances such as those which occurred on the date of the accident. 18. Defendant, HUNTER CONCRETE, LLC, 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, HUNTER CONCRETE, LLC, including negligent acts and /or omissions of defendant as performed individually and /or by and through others permitted to use a trackhoe more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and /or train Defendant's employee, in the operation of his /her trackhoe; b) negligently and carelessly failing to properly supervise the operation and control of said trackhoe; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $2022.62, including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant, in an amount in excess of $2022.62, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES, P.C. DATED: July 10, 2013 By: nthony zywi ire P.O. x 5 A 189 215- 862 -4390 Attorney for Plaintiff Attorney I.D. 23754 Y � 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 10, 2013 THONY P YW , ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY fi Ronny R Anderson Sheriff mca Jody S Smith , Chief Deputy � '� -#;? Co C ;r Richard W Stewart Solicitor 0MGE OFTYF HERIrr F x C.*n UGi Utilities Inc. vs. Case Number Hunter Concrete LLC{et al) 2013-4047 SHERIFF'S RETURN OF SERVICE 08107/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Derrick Johnson, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 935 Kranzel Drive, Lower Allen, Camp Hill, PA 17011. Per the defendant's employer the defendant is currently working in Williamsport, PA for the next two weeks, therefore the Complaint will expire before service will be able to be made. 08/07/2013 03:05 PM-Jody S. Smith, Chief Deputy served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be Rodney James Coy, Owner,who accepted as"Adult Person in Charge"for the Defendant,to wit: Hunter Concrete LLC at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JODY S. SMI , DEPUTY SHERIFF COST: $77.90 SO ANSWERS, August 07, 2013 RON R ANDERSON, SHERIFF (c)CouncySuite Sheritr,7e€eosoft,Inc. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 13-4047 Civil vs. ARBITRATION HUNTER CONCRETE, LLC and 'oi DERRICK JOHNSON, < w - } Defendants. o _ 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 & ASSOCIATES, P.C. DATED: August 13, 2013 BY: Ant ny P. i , Es>ire P. . Bo _0 New ope,PA 189 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754