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HomeMy WebLinkAbout13-4686 t Supreme Co 1 - :'Pen nsylvania Cour A�Comrno Pleas For Prothonotary Use Only: C�v�i1 a Shut Docket No: ✓ Cu n�be la i County �CQ� 141-A , The information collected on this form Is used solely for court administration purposes. This form doer not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint El Writ of Summons Petition E Transfer from Another Jurisdiction [3 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Cincinnati Insurance Company a /s /o Ronald & Donna G PPL Electric Utilities Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes ®No O (check one) El outside arbitration limits N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? 13 Yes R No A Name of Plaintiff /Appellant's Attorney: Donald M. Desseyn, Esquire © Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most 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 El Buyer Plaintiff Administrative Agencies ® Malicious Prosecution [3 Debt Collection: Credit Card ® Board of Assessment a Motor Vehicle [3 Debt Collection: Other ® Board of Elections Nuisance B1 Dept. of Transportation I@ Premises Liability Statutory Appeal: Other S ® Product Liability (does not include E mass tort) [3 Employment Dispute: Slander/Libel /Defamation Discrimination [2 C 0 Other: Employment Dispute: Other 13 Zoning Board T ® Other: I ® Other: O MASS TORT 0 Asbestos N [] Tobacco © Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste [3 Other: 13 Ejectment 13 Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment 0 Ground Rent ® Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Quo Warranto Dental ® Partition ® Replevin M Legal 13 Quiet Title E3 Other: © Medical Other: ® Other Professional: Updated l /1/2011 r _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) , CINCINNATI INSURANCE COMPANY a /s /o RONALD G. & DONNA L. GATES, 4999 LOUISE DRIVE, SUITE 103 MECHANICSBURG, PA 17055 I �y Case No. __I/ VV 00((Oo Civil Term VS. Civil Action -LAW Defendant(s) & Address(es) PPL ELECTRIC UTILITIES ' 100 COMMERCE DRIVE? `- MECHANICSBURG, PA 17055 rrl Uj - T1 CD PRAECIPE FOR WRIT OF SUMMONS c CD TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne /Sl riff. (Please Cirek choice Date : e e,� � o ey Print Name: Donald M. Desseyn, Esquire Address: 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Telephone #: 717- 791 -0400 Supreme Court ID Number: 69179 • • • • • G'�rv,� �1b3.� aµy Cl��li it,s as�lo WRIT OF SUMMONS TO: PPL Electric Utilities, 100 Commerce Drive, Mechanicsburg, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFFS) HAS/HAVE COMMENCED AN ACTION AGAIN ST YOU. Prothonotary lerk, Civil Division Date:: = ' ` f� `/ by SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' e : Sheriff _ r;t r,.+,t Jody S Smith . #pr~ a �. x. Chief Deputy ; LIB: AU(7 16 i��i`i 10: 07 Richard W Stewart C,U MBERLA�r I'D l'OU"HT Y Solicitor OFF CE CF IVE SK-P+F= F E H Y LVA M A Cincinnati Insurance Company a/s/o Ronald G. & Donna L. Gates Case Number V& PPL Electric Utilites Corporation 2013-4686 SHERIFF'S RETURN OF SERVICE 08/14/2013 03:00 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Tom Day, Clerk, who accepted as"Adult Person in Charge"for PPL Electric Utilites Corporation at 100 Commqpce Drive, Silver Spring, Mechanicsburg, PA. L M CLINE, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, August 15, 2013 RbNO R ANDERSON, SHERIFF yri�`cu�tySaito cftari€t,"T'61=omft,;nc. DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 ATTORNEY FOR PLAINTIFF THE CINCINNATI INSURANCE COMPANY, a/s /o, RONALD G. and DONNA L. GATES Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA , PENNSYLVANIA -03. x� ^. v. No. 13- 4686�'y c: <c -e cn _© cad' --+ PPL ELECTRIC UTILITIES , CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 AN 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 JUDGMETN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBLERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791 -0400 ATTORNEY FOR PLAINTIFF THE CINCINNATI INSURANCE IN THE COURT OF COMMON PLEAS COMPANY, a /s /o, CUMBERLAND COUNTY, PA RONALD G. and DONNA L. GATES PENNSYLVANIA Plaintiff v. No. 13 -4686 PPL ELECTRIC UTILITIES , CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND now, comes the Plaintiff, The Cincinnati Insurance Company a/s /o Ronald G. and Donna L. Gates, by and through its attorney, Donald M. Desseyn, Esquire, and hereby files this Complaint averring as follows: 1. Plaintiff, The Cincinnati Insurance Company (hereinafter "Plaintiff "), is a corporation licensed to sell insurance in the Commonwealth of Pennsylvania with a principal place of business of PO Box 145496, Cincinnati, Ohio 45250 -5496 and regularly conducts business in Cumberland County, Pennsylvania. 2. Plaintiff insured Ronald G. and Donna L. Gates (hereinafter "Gates "), are husband and wife who resided at 651 Herrin Lane, Enola, Pennsylvania 17025 on the date of the subject incident. 3. Defendant PPL Electric Utilities (hereinafter "PPL "), is a utility company licensed to do business in the Commonwealth of Pennsylvania and, in fact, does business within the Commonwealth of Pennsylvania with a principal place of business located at 100 Commerce Drive, Mechanicsburg, PA 17055. 4. On or about August 17, 2011, employees of PPL were replacing a utility pole near the Gates residence. 5. Agents, contractors, employees and/or servants of PPL failed to properly ground a transformer on a utility pole on the insured's property. 6. As a result of the actions of the aforementioned individuals, a power surge resulted to the Gates residence resulting in significant real and property damages. 7. The Gates subsequently spoke with a representative of Defendant who accepted responsibility for the subject incident. 8. As a result of said damages, the Gates incurred losses in the amount of $21,867.00. 9. At the time of the subject incident, the Gates were insured under an executive homeowner's policy of insurance by Plaintiff, Cincinnati Insurance Company for which a claim was made for damages in the amount of $21,867.00. 10. As a result of the subject losses caused by PPL, Plaintiff, pursuant to the aforementioned insurance contract, paid the insured and thereby became subrogated to the right of the Gates. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $21,867.00 together with interests, costs and any other relief deemed just and proper by this Court. COUNT I — NEGLIGENCE 11. Plaintiff hereby incorporates by reference the allegations contained in Paragraphs 1 -10 of this Complaint as if fully set forth at length herein. 12. Defendant, through its agents, contractors, employees and/or servants, negligently performed repairs and/or replacement to the utility pole on the Gates property in the following particulars: a. Failing to follow proper procedures of PPL in regards to grounding a transformer and/or other equipment; b. Failure to follow applicable standards within the utility industry regarding the grounding of a transformer and/or other equipment; c. Failing to properly train its agents, contractors, employees and/or servants in regards to the grounding of a transformer and/or other equipment; and, d. Failure to have proper supervision of its agents, contractors, employees and /or servants while performing work on a transformer and/or other equipment. 13. Solely as a result of the actions of the agents, contractors, employees and/or servants of Defendant PPL, Plaintiff's incurred damages in the amount of $21,867.00. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $21,867.00 together with interests, cost and any other relief deemed just and proper by this Court. COUNT II — TRESPASS 14. Plaintiff hereby incorporates by reference the allegations contained in Paragraphs 1 -13 of this Complaint as if fully set forth at length herein. 15. Solely as a result of the negligence of Defendant's agents, contractors, employees and/or servants, a trespass was committed upon Ronald G. and Donna L. Gates in the form of a power surge being introduced into their residence causing substantial real and personal property damage. 16. Solely as a result of the negligence of Defendant's agents, contractors, employees and. /or servants, Ronald G. and Donna L. Gates incurred substantial damage to their real and personal property in the amount of $21,867.00. 17. As a result of the subject damages, Plaintiff, Cincinnati Insurance Company, pursuant to the aforementioned insurance contract, paid the insured and thereby became subrogated to the rights of Ronald G. and Donna L. Gates. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $21,867.00 together with interests, cost and any other relief deemed just and proper by this Court. Date: I%`G /o/ jl Respectfully Submitted, Attorney for Plaintiff VERIFICATION I, Karen Tucker, Associate Superintendent Claims Recovery, for the Cincinnati Insurance Company, a Plaintiff herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 4 -9 -14i Name: Karen Tucker, AIC, CASA, AINS, CMSA, CSRP Associate Superintendent Claims Recovery Cincinnati Insurance Company 1. CERTIFICATE OF SERVICE AND NOW, this 16th day of April 2014, I, Donald M. Desseyn, Esquire, Attorney for Plaintiff The Cincinnati Insurance Company a /s /o Ronald G. and Donna L. Gates I hereby certify that I served a copy of the within Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: PPL Electric Utilities 100 Commerce Drive Mechanicsburg, PA 17055 By: Donald M. . esseyn, ' quire Attorney for Defendant Scott D.McCarroll,Esquire 4 � I t;} Thomas,Thomas&Hafer,LLP f (/ P/1 305 N.Front Street R , S��D�^ 15 P.O.Box 999 f4 /4 U d j' Harrisburg,PA 17108-0999 (717)237-7131 smccarrollntthlaw.com Counsel for Defendant PPL Electric Utilities Corporation THE CINCINNATI INSURANCE IN THE COURT OF COMMON PLEAS COMPANY a/s/o RONALD G. and DONNA CUMBERLAND COUNTY, PENNSYLVANIA L. GATES, Plaintiff NO. 13-4686 CIVIL ACTION—LAW vs. JURY TRIAL DEMANDED PPL ELECTRIC UTILITIES, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant PPL Electric Utilities Corporation, improperly named PPL Electric Utilities, in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Scott D. McCarroll PA I.D. No. 92985 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7131 a `y CERTIFICATE OF SERVICE - nr„ AND NOW, this day of , 201 I, Coleen M. Polek, of the law firm of Thomas, Thomas&Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid,to the following: Donald M. Desseyn, Esquire Suite 103 4999 Louise Drive Mechanicsburg, PA 17055 Coleen M. Polek 1494913.1