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HomeMy WebLinkAbout13-6420 Supreme Courtt: COUr. 'of- Commoi leas For Prothonotary Use Only CNj1'Cb er Stieet Docket No: Cumbe�larld ` / ` County , 717e 71 foi ^niutio17 collected on ihi.v fbrm is used solely f or cot0't titlli111715Y1'at1017 1)"17)Oses. 7hls forin does not supplement or replace the filing and service Of pleadings or other papers as required by law or rides of court. Commencement of Action: S ❑✓ Complaint ❑ Writ of Summons ❑ Petition ❑ E Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T PPL Electric Utilities Corporation JMF Underground, Inc. I Are money damages requested? 2 Yes El No Dollar Amount Requested: ❑✓ within arbitration limits O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJAppeal? ❑ Yes ❑✓ No A Name of Plaintiff /Appellant's Attorney: Anthon P. Krzy Es q u ir e ❑ Check here if you have no attorney (are a Self- Represented jPro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. 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 Nuisance Dept. of Transportation S Premises Liability ❑ Statutory Appeal: Other Product Liability (does not include ❑ Employment Dispute: Ej mass tort) C ✓B Slander /Libel/ Defamation Discrimination Other: ❑Employment Dispute: Other ❑Zoning Board T Underground util da ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F1 Other: ❑Ejectment ❑Common Law /Statutory Arbitration B B Eminent Domain /Condemnation ❑ Declaratory Judgment Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law c Plaintiff, : No. I-/,)-© vs. ARBITRATION JMF UNDERGROUND, INC. and " JOHN C-0 C) JOHN DOE �-�, Defendants. COMPLAINT -. -. ��a r 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 S IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. vs. ARBITRATION JMF UNDERGROUND, INC. and "JOHN DOE ", 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, JMF UNDERGROUND, INC., is a Pennsylvania corporation with a principal place of business at 841 W. Trindle Road, Mechanicsburg, Pennsylvania, 17055. 4. Defendant, "JOHN DOE ", is an adult individual whose current whereabouts are unknown but is an agent or employee of Defendant, JMF UNDERGROUND, INC. 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 Plaintiff s Tariff presently on file with, the Public Utility Commission. i COUNT PPL ELECTRIC UTILITIES CORPORATION VS. "JOHN DOE" NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Upon information and belief, Defendant, "JOHN DOE ", while excavating for Defendant, JMF UNDERGROUND, INC., 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 Plaintiffs underground utility lines; C) determined that markings identifying the location of the utility line were not clear but continued to dig with a directional drill in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, "JOHN DOE ", determined that the markings were not clear; e) did not hand dig a test hole to identify location of the gas line; and f) did not maintain the location marks after the lawful dig. 8. Defendant, "JOHN DOE ", on or about October 5, 2012, while digging struck and damage an underground cable owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 228 Creekwood Drive, Camp Hill, 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 has been damaged in the amount of $4,880.70, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $4,880.70, together with costs. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. "JOHN DOE" COMMON LAW TORT 11. The allegations contained in Paragraphs 1 through 10 above are incorporated by reference as if fully set forth. 12. Plaintiff used standard industry markings to identify the location of its electric line prior to October 5, 2012. 13. Defendant, "JOHN DOE ", 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 Plaintiffs underground utility lines; C) determined that markings identifying the location of the utility line were not clear but continued to dig with a directional drill in the area eventually severing an active gas line risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, "JOHN DOE ", determined that the markings were not clear; e) did not hand dig a test hole to identify location of the gas line; and fl did not maintain the location marks after the lawful dig. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION demands judgment against the Defendants, in an amount in excess of $4,880.70, together with costs. COUNT III PPL ELECTRIC UTILITIES CORPORATION VS. JMF UNDERGROUND, INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 14. Paragraphs 1 through 13 are incorporated by reference as if fully set forth herein. 15. Defendant, JMF UNDERGROUND, 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. 16. Defendant, JMF UNDERGROUND, INC., was the owner of the directional drill that struck and damaged underground primary cable. 17. Defendant, JMF UNDERGROUND, INC., is vicariously responsible for the actions of its agents and employees. 18. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 19. The aforementioned damages were the direct and proximate result of the negligence of Defendant, JMF UNDERGROUND, INC., including negligent acts and /or omissions of defendant as performed individually and /or by and through others permitted to use a directional drill more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, "JOHN DOE ", in the operation of his /her directional drill; b) negligently and carelessly failing to properly supervise the operation and control of said directional drill; and C) otherwise failing to exercise reasonable care under the circumstances. 20. Plaintiff has been damaged in the amount of $4,880.70, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION demands judgment against the Defendant, in an amount in excess of $4,880.70, together with costs. Respectfully submitted, KRZYWIC ASSOCIATES, P.C. DATED: October 24, 2013 y: Ant ny cki, quire OX S Ne pe 8938 (215) 86 90 Attorney for Plaintiff Attorney I.D. 23754 �' J 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. KRZYWICKI & AS CIATES, P.C. DATED: October 24, 2013 THON K Y 1, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff T 0 11 10 t iC ��`, Jody S Smith I I3 NOV 22 AM 10; 9 Chief Deputy CUMBERLAND G�1BN s`r' Richard W Stewart Solicitor Y!,CE OP THE Si-ERIE= PENNSYLVANIA PPL Electric Utilities Corporation Case Number vs. JMF Underground, Inc. (et al.) 2013-6420 SHERIFF'S RETURN OF SERVICE 11/19/2013 10:10 AM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Dan Hauck,Account Manager. , who accepted as"Adult Person in Charge"for JMF Underground, Inc. at 841 West Trindle Road, Monroe Township, Mechanicsburg, PA 17055. Z0_L0'V_N C-f DAWN KELL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF 0 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA • PPL ELECTRIC UTILITIES CORPORATION, • Civil Action - In Law Plaintiff, • No. 13-6420 Civil • vs. • ARBITRATION • • JMF UNDERGOUND, INC. and • "JOHN DOE", • • 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 &ASSOCIATES, P.C. DATED: December 5,2013 BY: • hony P 401517 squi - •.0. h 505 Hope, PA 18938 - - (215) 862-4390 Attorney for Plaintiff TE Attorney I.D. 23754 • J(I) c...) LA-1 ..t•-•