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HomeMy WebLinkAbout14-0317 Supreme C© ennsylvania Cour lWo'mmo leas For Prothonotary Use Only: C . it : � , v�r "S e_ y t x-�so Docket No: cS j a,t Card Count n � The information collected on this form is used solely for court administration purposes. This form does 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 ❑ Writ of Summons ❑ Petition ❑ E Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: PPL Electric Utilities Corporation CR Drilling, Inc. T I Are money damages requested? 2 Yes ❑ No Dollar Amount Requested: ❑✓ within arbitration limits (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: Anthony P. Krzywicki, Esquire ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel 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 ❑ 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 Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) ❑Employment Dispute: 8 Discrimination Slander/Libel/ Defamation C ✓ Other: ❑Employment Dispute: Other ❑Zoning Board T Underground utility damagE ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment ❑Common Law /Statutory Arbitration B 8 Eminent Domain/Condemnation E] Declaratory Judgment Ground Rent a Mandamus ❑ Landlord/Tenant Dispute Non- Domestic Relations 8 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ 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 La Plaintiff, No. J, v! vs. ARBITRATION CR DRILLING, INC., c 3 "JOHN DOE" and C= QUANTA SERVICES, INC., r== Defendants. - < 3> Ln - 3 - 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. vs. ARBITRATION CR DRILLING, INC., "JOHN DOE" 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, CR DRILLING, INC., is a Pennsylvania corporation with a principal place of business at 1065 Stone Gate Drive, York, Pennsylvania, 17406. 4. Defendant, "JOHN DOE ", is an adult individual whose current whereabouts is unknown but is employed by Defendant, CR DRILLING, INC. 5. Defendant, QUANTA SERVICES, INC., is a Texas corporation with a 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. "JOHN DOE" NEGLIGENCE PER SE 7. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 8. Upon information and belief, Defendant, "JOHN DOE ", while excavating for Defendant, CR DRILLING, 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 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, "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. 9. Defendant, "JOHN DOE ", on or about February 17, 2012, while digging struck and damage underground cables owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of Cordial Drive, Enola, 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 $18,266.65, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $18,266.65, 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. "JOHN DOE" 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 February 17, 2012. 14. 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 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, "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. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of $18,266.65, 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. CR DRILLING, INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE .15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, CR DRILLING, 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. 17. Defendant, CR DRILLING, INC., was the owner of the boring machine that struck and damaged underground primary cable. 18. Defendant, CR DRILLING, INC., 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, CR DRILLING, INC., including negligent acts and /or omissions of defendant as performed individually and/or by and through others permitted to use a boring machine 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 boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said boring machine; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $18,266.65, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of $18,266.65, 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, CR DRILLING, 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, CR DRILLING, INC., including negligent acts and/or omissions of defendant as performed individually and /or by and through others permitted to use a boring machine more specifically described as follows: a) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, CR DRILLING, INC., in the operation of his/her boring machine; b) negligently and carelessly failing to properly supervise the operation and control of said boring machine; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of $18,266.65, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of $18,266.65, 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: January 13, 2014 By Anthony P zy • 1 qui P.O. x ew Hope, PA 18938 (215) 862 -4390 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: January 13, 2014 5ANTHO I ARE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, • • Civil Action - In Law Plaintiff, • No. 14-317 Civil vs. • • ARBITRATION u'I P4`' CR DRILLING, INC., • -� "JOHN DOE" and • rn + QUANTA SERVICES, INC., • U, • Defendants. • yc CO• AFFIDAVIT OF SERVICE C fl STATE OF PENNSYLVANIA ) ss.: COUNTY OF CUMBERLAND ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Quanta Services, Inc., at its last known address, which is 2800 Post Oak Blvd., Ste 2600, Houston, TX 77056, by Certified Mail, Return Receipt Requested, under the exclusive care and custody January 29, 2014 and by Certificate of Mailing on January 27, 2014. A copy of the USPS receipts are annexed hereto and made a part hereof. KRZYWICKI& ASSOCIATES,P.C. By: Ant'any P. Krzy - 'cki ' squire A-orney for ' .inti '. O. Bo 15 New - spe, P: 18938 orney I G No. 23754 (215) 862-4390 Sworn to before me this day of , 2014. NOTARY PUBLIC _ 1 U.S.Postai Semite' CERTIFIED MASLT. RECEIPT =o (mac Mall D :prance .<,, < �'Pro> o Per , r.Y info . 0 m \• ti m o ns \ ti -ty r Nria m_ ••� a oQuanta Sery s, . 6`b) 2800 Post Oak Blv ., 0 Houston, TX 77056 ps • Complete items 1,2,and 3.Also complete A. Signaturi item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X U® 1 ❑Addressee so that-we can return the card to you. B. Received by(Printed Name) Deli • Attach this card to the back of the mailpiece, T.,...(37, 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 Post Oak Blvd., Ste 2600 Houston, TX 77056 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 2780 0003 6539 2948 (Transfer from service label, PS Form 3811,February 2004 Domestic Return Receipt 1025x5.02-M-1540 r a UNITED STATES POSTAL SERVICE o' Certificate Of Mailii — ;m his Celtin to of Mater a rod vi e fence that mail has been r i ese mmd to LISPS©tm rna I p h h his form me,/be used rb, inmestd.sine nternatihnal r-dt O g eili g From: m y f, _ -Krzywicki & Associates, P.C. r F.,-_.' P.O. Box 505 ��cr>, s New Hope, PA 18938 (7'( A `' �.J tr {n� G i D m = To: Inc. �� 3Z 21> Quanta Services, l ( CJC.00,-ice _ 2800 Post Oak Blvd., Ste 2)3();,), z. ,,..,-0,-,c, l�u �m -I Houston, TX 77056 D m PS Form 3817,Apr_ ril 2007 PSN 7530-02-000-3065 .2 IL ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i ,s f t -- c GI ttitt '4 14" i �[ t tUJ J l ,. ' Jody S Smith Chief Deputy . ti FEB 25 3: `i Richard W Stewart Solicitor rUMla ) U\ ,j. PENNSYLVANIA BERL CU PPL Electric Utilities Corporation vs. Case Number CR Drilling, Inc. 2014-317 SHERIFF'S RETURN OF SERVICE 01/16/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: CR Drilling, 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. 01/28/2014 11:55 AM -The requested Complaint&Notice returned by the Sheriff of York County, the within named Defendant CR Drilling, Inc., not found. Richard B. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, February 18, 2014 RON■Y R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY She ffd P Keuerleber PETER J. MANGAN, ES Solid Reuben B Zeager , Richard E Rice Chief Deputy, Operations ' Chief Deputy, Administrate PPL ELECTRIC UTILITIES CORPORATION Case Number vs. CR DRILLING, INC. 14-317 CIVIL SHERIFF'S RETURN OF SERVICE 01/28/2014 11:55 AM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: CR DRILLING, INC. AT 1065 STONE GATE DRIVE, YORK, PA 17406. THE DEFENDANT WAS FOUND TO HAVE MOVED. 02/10/2014 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: CR DRILLING, INC., BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT& NOTICE AS "NOT FOUND"AT 1065 STONE GATE DRIVE, YORK, PA 17406. SHERIFF COST: $27.96 SO ANSWERS, /.... 771 - / February 11, 2014 RICHARD P KE ERLEBER, SHERIFF COMMONWEALTH OF PEfeli•o;)"'/AN'NSIA Notarea'Sea, ___._._.� 1 Sheila F.Cook.Notan1 Public City of YOrK,''o .oim.y My Commission Ex ire,,Feb i,2017 M'MSFR.,�% wa ✓i N� 7"ucI d.;i OF NOT',h 1E NOTARY Affirmed and subscribed to before me this 1 11TH day of FEBRUARY , 2014 ` IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, VS. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Defendants. STATE OF PENNSYLVANIA ) SS.: COUNTY OF CUMBERLAND ) Civil Action — In Law V " e ARBITRATION AFFIDAVIT OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Quanta Services, Inc., at its last known address, which is 2800 Post Oak Blvd., Ste 2600, Houston, TX 77056, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service on January 29, 2014 and by Certificate of Mailing on January 27, 2014. A copy of the USPS receipts are annexed hereto and made a part hereof. Sworn to before me this LI4h day of roc or‘d 2014. l'en Like.apod_. cAl NOTARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14, 2016 KRZYWICKI & ASSOCIATES, P.C. P. O. B New Ho 93 Attorney ID No. 23754 (215) 862-4390 a- rn 7010 2780 00 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.u,sps.corn;.: Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Sent To gtreot, Apt No; or PO Box No. PS Form 3900, At Posttti Quanta Sery 2800 Post Oak Blv Houston, TX 77056 •: SENDER: COMPLETE THIS SECTION COMPLETE TtitS SECT:ON O.. DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that-we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signa gent Addre 1. Article Addressed to: ( • Quanta Services, Inc. 2800 Post Oak Blvd., Ste 2600 Hbuston, TX 77056 B. Received by (Printed Name) D. Is delivery address different from nem 1 0 Yes If YES, enter delivery address below : 0 No I 2. Article Number, , 7 (Transfei.ThimseivICe labe PS Form 3811, February 2004 3. Se Type 0 Certified Mall 0 Express Mall O Registered 0 Return Receipt for Merchandise Insured Mali 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 780 0003, 6539,29981 Domestic Return 102595-02-M-1541i UNMED STATES POSTAL SERVICE • C _ ertificate Of 0, This Certificate of ideding provides evidence Mat mel hasbeen presented to USPS® for malt Thts form may be used for domestic and international melt. 0 rag From: Krzywicki & Associates, P.C. P.O. Box 505 New Hope, PA 18938 To: Quanta Services, Inc. 2800 Post Oak Blvd., Ste 2 Houston, TX 77056 PS F 31 7 PS0530-02-000-9065 Nub CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219-1425 (412) 394-7716 2L1111 IIAR 21 10: 08 -CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, V. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants 200399485 No. 14-317 Civil ARBITRATION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In La Plaintiff, No. 14-317 Civil v. CR DRILLING, INC., ARBITRATION "JOHN DOE" and QUANTA SERVICES, INC. Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Quanta Services, Inc., certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to Date: the notice of intent to serve the subpoena. /2,,hy Vincent M. Roskovensky Pa. I.D. No. 89447 Clark Hill Thorp Reed One Oxford Centre, 14th Floor 301 Grant Street Pittsburgh, PA 15219 412 394-77116 Attorneys for Defendant, Quanta Services, Inc. CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219 -1425 (412) 394 -7716 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, v. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants 200289887 No. 14 -317 Civil ARBITRATION NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 4009.21 IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, V. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants No. 14-317 Civil ARBITRATION NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 4009.21 Quanta Services, Inc. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Dated: February 24, 2014 200289887 By: Vincent M. Ros e » sky, Esquire Pa. I.D. No. 89447 Respectfully submitted, CLARK HILL THORP REED Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219-1425 (412) 394-7716 Attorneys for Defendant, Quanta Services, Inc. CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that he caused a copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 4009.21 has been served upon counsel of record this 24' day of February, 2014, as follows: VIA ELECTRONICA MAIL & U.S. MAH.: Anthony P. Krzywicki, Esq. Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 krzapk@verizon.net Counsel for Plaintiffs VIA U.S. MAIL: CR Drilling, Inc. 1065 Stone Gate Drive York, PA 17406 Vincent M. RosiensIcy 200289887 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORPORATION Plaintiff : File No. 14-317 Civil VS. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania One Call, Attn: Compliance Coordinator (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED Clark Hill Thorp Reed, One Oxford Centre, 14th Floor at 301 Grant Street, Pittsburgh, PA 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Vincent M. Roskovensky, Esq. ADDRESS: Clark Hill Thorp Reed One Oxford Centre, 14th Fl., 301 Grant Street Pittsburgh, PA 15219 TELEPHONE: 412-394-2557 SUPREME COURT ID # 89447 ATTORNEY FOR: Quanta Services Inc. Date: Seal of the Court BY THE COUR 716tAed --(7714dArr/ Prothonotary, Civil Division EXHIBIT A DEFINITIONS As used in the below Document Requests, the terms and phrases listed below are defined as follows: 1. "Document" or "documents" includes all materials falling within the scope and meaning of Pennsylvania Rules of Civil Procedure and means any writing of any kind, including originals and all non - identical copies (whether different from the originals by reason of any notation made on such copies or otherwise), including without limitation all correspondence, memoranda, notes, desk calendars, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, invoices, statements, receipts, returns, intra-office communications, offers, notations or any sort of conversations, telephone calls, meetings, e -mails or other communications, bulletins, magazines, publications, printed matter, photographs, computer printouts, teletypes, telefax, invoices, worksheets and all drafts, alterations, modifications, changes and amendments of any of the foregoing, tapes, tape recordings, transcripts, graphic or oral records of representations of any kind, any electronic, mechanical or electronic records or representations of any kind, of which you have knowledge or which are now in your actual or constructive possession, custody or control. 2. The terms "communication" or "communications" shall mean any oral or written exchange of words, thoughts or ideas to another person(s), whether person -to- person, in a group, by telephone, by letter, by email, by facsimile, or by any other process, physical, electronic or otherwise. All such communications in writing shall include without limitation printed, typed, handwritten, electronically recorded, or other readable documents as defined herein. 200289932 3 "Referring to", "relating to", and "concerning" should be construed in the broadest sense possible and shall mean commenting upon, including, regarding, discussing, describing, reflecting, relevant to, constituting, used in connection with, embodying, or evidencing. INSTRUCTIONS 1 All documents produced shall be segregated and identified by the paragraph to which they are primarily responsive. 2. In the event that more than one copy of any document exists, the original shall be produced as well as every copy on which appears any notations or markings of any sort not appearing on the original. DOCUMENT REQUESTS Kindly produce: 1. The voice recording for POCS Ticket 20112550357. 2. Any and all documents relating to POCS Ticket 20112550357. 3. Any and all communications relating to POCS Ticket 20112550357. 4. The voice recording for POCS Ticket 20112342240. 5. Any and all documents relating to POCS Ticket 20112342240. 6. Any and all communications relating to POCS Ticket 20112342240. 200289932 CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that he caused a copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 has been served upon counsel of record this 20TH day of March, 2014, as follows: VIA EMAIL & U.S. MAIL: Anthony P. Krzywicki, Esq. Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 krzapk@verizon.net Counsel for Plaintiffs VIA U.S. MAIL: CR Drilling, Inc. 1065 Stone Gate Drive York, PA 17406 Vincent M. R ovensky 200399485 CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219 -1425 (412) 394 -7716 it 22 'Il.r10 :G. '4rPr?~r jtD COUNT Y PE?a'NS YLVfjA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, v. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants TO: PPL ELECTRIC UTILITIES CORPORATION, CR Drilling, and John Doe You are hereby notified to file a written response to the enclosed PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT within twenty (20) days from service hereof or a judgment may be entered against you. Vincent M. Roskovensky, Esquire 200585345 No. 14 -317 Civil ARBITRATION QUANTA SERVICES, INC. PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT QUANTA SERVICES, INC. PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT Quanta Services, Inc., by and through counsel, submits the within Preliminary Objections Raising Issues of Fact: I. BACKGROUND 1 In the above-captioned case, Plaintiff, PPL Electric Utilities Corporation ("PPL Electric") claims relief based on allegations that certain of its underground electric cables were damaged by excavation in Enola, Cumberland County, Pennsylvania. See Complaint ¶ 9. 2. PPL Electric acknowledges that Quanta Services, Inc. ("Quanta") is not a Pennsylvania corporation. See Complaint ¶ 5. Quanta is a Delaware corporation with its principal place of business in Texas. 3 PPL Electric has named Quanta as a defendant to this litigation, notwithstanding that Quanta is uninvolved with the facts alleged, conducts no business in Pennsylvania and is not subject to jurisdiction in Pennsylvania. 4. PPL Electric has failed to join the party who did perform the drilling work at issue. 5. PPL Electric instituted this litigation on January 15, 2014, which is more than two years following the September 12, 2011 incident at issue in this case. II. PRELIMINARY OBJECTIONS A. Pa. R. C. P. 1028(a)(1)—Lack of Personal Jurisdiction 1. Rule 1028 of the Pennsylvania Rules of Civil Procedure provides that "[p]reliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of a service of a writ of summons or a complaint. . ." Pa. R. C. P. 1028(a)(1). 2. Pennsylvania courts may exercise jurisdiction over the person of a non-resident defendant based either upon the specific acts of the defendant which gave rise to the cause of action (specific jurisdiction) or upon the defendant's general activity within the state. (general jurisdiction). See 42 Pa. C. S. A. § 5322; 42 Pa. C. S. A. § 5301. 3. "Once the moving party supports its objections to personal jurisdiction, the burden of proving personal jurisdiction is upon the party asserting it." Schiavone v. Aveta, 41 A.3d 861, 865 (Pa. Super. 2012). There is no specific jurisdiction over Quanta in Pennsylvania. 4. There are two requirements necessary for Pennsylvania courts to exercise specific jurisdiction over a non-resident defendant: first, jurisdiction must be authorized by the Pennsylvania Long-Arm Statute; and second, the exercise of jurisdiction must comport with constitutional principles of due process. 5. The Pennsylvania Long-Arm Statute does not authorize jurisdiction over Quanta. 42 Pa. C. S. A. § 5332(a). Quanta does not conduct business in Pennsylvania. See Exhibit A, Declaration of Quanta, at ¶ 4. Likewise, Quanta cannot have caused any harm at issue in this case because it is purely a holding company which holds stock in subsidiaries, and therefore could not have been involved in any of the events at issue in this litigation. Exhibit A at ¶ 5. 6. PPL Electric cannot establish any basis upon which to contend that Pennsylvania may exercise jurisdiction consistent with constitutional principles of due process. 7. Quanta is a Delaware corporation with a Texas principal place of business. Exhibit A at ¶ 3. 2 8. Quanta conducts no business whatsoever in the Commonwealth of Pennsylvania. Exhibit A at ¶ 4. 9. Quanta is not registered under the laws of the Commonwealth of Pennsylvania, does not have offices or places of business in Pennsylvania, does not maintain a mailing address, bank account or telephone listing in Pennsylvania, and has not continuously and /or substantially conducted any form of advertising, solicitation or business activity in Pennsylvania. Exhibit A at 1114. 10. PPL Electric's inability to establish either requirement for jurisdiction, much less both, is fatal to any claim of specific jurisdiction over Quanta. There is no general jurisdiction over Quanta in Pennsylvania. 11. General jurisdiction in Pennsylvania is governed by section 5301 of the Judicial Code. 42 Pa. C. S. A. § 5301. 12. Section 5301(a) authorizes jurisdiction over a foreign corporation that carries on a "continuous and systematic part of its general business within this Commonwealth." 42 Pa. C. S. A. § 5301(a)(2)(iii). 13. For a Pennsylvania court to exercise general jurisdiction over a non - resident defendant, due process is only satisfied if the nature of the defendant's contacts with the forum are "continuous and systematic." See 42 Pa. C. S. A. § 5301. 14. Quanta has no contacts in Pennsylvania. See Exhibit A at '114. 15. For Example, Quanta is not registered under the laws of the Commonwealth of Pennsylvania, does not have offices or places of business in Pennsylvania, does not maintain a mailing address, bank account or telephone listing in Pennsylvania, and has not continuously 3 and/or substantially conducted any form of advertising, solicitation or business activity in Pennsylvania. Exhibit A at ¶ 4. 16. Quanta has engaged in no behavior to suggest that it has ever conducted any activity, or could reasonably anticipate being haled into court, in Pennsylvania. 17. Accordingly, there is no basis that would support this Court's general jurisdiction over Quanta. Wherefore, Quanta respectfully requests this Honorable Court grant the within Preliminary Objections and dismiss the Complaint, all at Plaintiffs cost. B. Pa. R. C. P. 1028(0( 5)-- Failure to Join a Necessary and Indispensable Party 1. Rule 1028 of the Pennsylvania Rules of Civil Procedure provides that "[Areliminary objections may be filed by any party to any pleading and are limited to the following grounds: (5) . . . nonjoinder of a necessary party. . ." Pa. R. C. P. 1028(a)(5). 2. Quanta is a holding company that holds stock in its subsidiaries. Exhibit A at ¶ 5. It did not engage CR Drilling nor any third party to conduct the work that purportedly gives rise to the alleged damages. Exhibit A at 115. Accordingly, Quanta should not be liable for the alleged actions, omissions, and/or damages. 3. Quanta was not involved in any of the conduct alleged in PLL Electric's Complaint. Exhibit A. 4. PLL Electric has failed to join necessary and/or indispensable parties. Such parties include, but are not limited to, anyone who acted to cause Plaintiffs alleged damages — which such actions and damages are expressly denied. Wherefore, Quanta respectfully requests this Honorable Court grant the within Preliminary Objections and dismiss the Complaint, all at Plaintiffs cost. 4 C. Statute of Limitations 1. Plaintiff's Complaint against Quanta barred by the applicable Statute(s) of Limitations. 2. The tort of negligence, and vicarious liability therefor, is subject to a two -year statute of limitations in Pennsylvania. 42 Pa. C. S. A. § 5524(7). 3. In particular, upon information and belief, the alleged incident giving rise to Plaintiff's claims occurred on September 12, 2011. A copy of the Pennsylvania One Call document reflecting the report of this incident is attached as Exhibit B. Wherefore, Quanta respectfully requests this Honorable Court grant the within Preliminary Objections and dismiss the Complaint, all at Plaintiff's cost. JURY TRIAL DEMANDED. Dated: April 21, 2014 By: 5 Respectfully submitted, CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219 -1425 (412) 394 -7716 Attorneys for Defendant, Quanta Services, Inc. CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219-1425 (412) 394-7716 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, V. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants No. 14-317 Civil ARBITRATION DECLARATION OF JASON A. BUCHMAN I, Jason A. Buchman, Assistant General Counsel of Quanta Services, Inc., hereby affirm the following statements to be true under penalties of perjury, declares as follows: 1. I am over eighteen (18) years of age. 2. I am the Assistant General Counsel of Quanta Services, Inc. ("Quanta"). I have personal knowledge of the matters stated in this Declaration and am competent to testify to them. 3. Quanta is a Delaware corporation with its principal place of business in Texas. 4. Quanta has never been a Pennsylvania corporation, has never been registered to do business in Pennsylvania, has no registered agent in Pennsylvania, has never paid taxes in Pennsylvania, owns no property in Pennsylvania, has no branches or offices in Pennsylvania, has no mailing address in Pennsylvania, has no phone listings or bank accounts of Pennsylvania, nor does it conduct any form of advertising, solicitation, or business activity in Pennsylvania. 5. Quanta is a holding company that holds stock in its subsidiaries. It does not perform any drilling work, nor did it engage CR Drilling nor any third party to conduct the work that purportedly gives rise to the alleged damages. I make this declaration subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities, which provides for criminal penalties if a person with intent to mislead makes a written false statement that he does not believe to be true. Dated: April at , 2014 7 y t CDC 00000 POCS MM /DD /YY TT:TT:TT 20112550357 -000 NEW DAMG EMER PENNSYLVANIA UNDERGROUND UTILITY LINE PROTECTION REQUEST Serial Number -- [20112550357] -[000] Channel # -- [0831014][0277] Message Type-- [NEW][DAMAGE][EMERGENCY] County -- [CUMBERLAND] Municipality - -[EAST PENNSBORO TWP] Work Site - -[3 CORDIAL DRIVE] Nearest Intersection -- [LAUREL DRIVE] Second Intersection -- [MOUNTAINVIEW ROAD] Subdivision -- [UNKNOWN] Site Marked in White - -[Y] Location Information- - [BTWN LAUREL DR & MOUNTAINVIEW RD.] Caller Lat /Lon - -[] Mapped Type - -[P] Mapped Lat /Lon -- [40. 303902 / -76. 948661,40. 303594 /- 76.949101,40.303314 /- 76.948336, 40. 303473 /- 76.947131,40. 303827 /- 76.947302,40.303589 /- 76.948275] Map Graphic - -[ http:// www. palcall .org /ViewMap /view.aspx ?sn= 20112550357] Type of Work -- [DAMAGE- NICKED PPL ELEC LINE ] Depth - -[2FT ] Extent of Excavation - -[5FT X 1.5FT ] Method of Excavation -- [HAND DIGGING] Street - -[ ] Sidewalk - -[ ] Pub Prop - -[X] Pvt Prop - -[ ] Other - -[R /W ] Lawful Start Dates - -[ ] Through [ Scheduled Excavation Date - -[12- Sep -11] Dig Time -- [0845] Duration - -[] Response Due Date - -[12- Sep -11] Caller -- [RICHARD LYLES ] Excavator - -[CR DRILLING] Address - -[4601 SOUTH RD] Phone - -[781- 844 -2619] Ext - -[] Homeowner /Business - -[B] City -- [HARRISBURG] State - -[PA] Zip -- [17109] FAX - -[] Email-- [harrisburg @crownfiber.com] Work Being Done For -- [VERIZON FTTP] Person to Contact -- [SHELIA LYLES] Phone - -[304- 904 -8100] Ext - -[] Best Time to Call -- [ANYTIME] Prepared - -[12- Sep -11] at [0836] by [MARY JO BAIER] Job Number-- [8A39261- QUANTA] Remarks- - [SECOND CONTACT: DONNY SPECK 781 - 844 -2619 * * * * * * * * * * * * * * = == ADDITIONAL DAMAGE INFORMATION=== * * * * * * * * * * * * ** FACILITY TYPE: ELECTRIC EXCAVATION EQUIPMENT: HAND TOOLS HAZARDOUS RELEASE: NO] AX 0 AX =PAWC MECHANICS EC40 EC4= COMCAST EAST EPTO EPT =E PENNSBORO T HC 0 HC = VERIZON PA HRBG PR 0 PR =PPL ELEC HRBG SB 0 SB = COMCAST CABLE UI 0 UI =UGI HARRISBURG WVHO WVH= WESTWOOD V HOA Serial Number -- (20112550357] -[000] Copyright (c) 2011 by Pennsylvania One Call System, Inc. RESPONSES FOR 20112550357: Ver CDC Name Response Time Respondent 0 AX 0 EC4 0 EPT 0 EPT O HC 0 HC 0 PR 0 PR 0 SB O SB O UI 0 WVH PENNSYLVANIA AMERICAN WAT COMCAST EAST EAST PENNSBORO TOWNSHIP EAST PENNSBORO TOWNSHIP VERIZON PENNSYLVANIA INC VERIZON PENNSYLVANIA INC PPL ELECTRIC UTILITIES CO PPL ELECTRIC UTILITIES CO COMCAST CABLE COMMUNICATI COMCAST CABLE COMMUNICATI UGI UTILITIES INC WESTWOOD VILLAGE HOMEOWNE 1 -CLEAR NO FACIL 9 -NO RESPONSE ** 3- MARKED 9 -NO RESPONSE ** 1 -CLEAR NO FACIL 9 -NO RESPONSE ** 3- MARKED 9 -NO RESPONSE ** 1 -CLEAR NO FACIL 2- CONFLICT. DCTF 1 -CLEAR NO FACIL 1 -CLEAR NO FACIL 09/12/2011 09/12/2011 09/14/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 08:55:05 10:38:09 10:09:00 10:38:09 15:26:23 10:38:09 11:15:34 10:38:10 09:55:42 08:38:03 08:57:07 09:22:31 PAX - WEBSVC - KARL M D -WEB - KARL AAA - WEBSVC - KARL CLS- WEBSVC - KARL DRM -BRRE DRM -KARL ATS- WEBSVC J B -WEB DELIVERIES FOR 20112550357: Ver CDC Name To Time Seq Type 0 AX 0 EC4 0 HC 0 UI 0 WVH 0 EPT 0 PR 0 SB 0 UI 0 SB PENNSYLVANIA AMERICAN WATER COMCAST EAST VERIZON PENNSYLVANIA INC UGI UTILITIES INC WESTWOOD VILLAGE HOMEOWNERS A EAST PENNSBORO TOWNSHIP PPL ELECTRIC UTILITIES CORPOR COMCAST CABLE COMMUNICATIONS UGI UTILITIES INC COMCAST CABLE COMMUNICATIONS AX EC4 HC UI WVH EPT PR SB UI SB 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 09/12/2011 08:36:27 5 MAIL 08:36:28 23 MAIL 08:36:34 23 MAIL 08:36:41 21 MAIL 08:36:41 1 MAIL 08:36:42 2 MAIL 08:37:04 17 DM1 08:37:15 11 DM1 08:37:42 0 SPLV 08:37:48 0 SPLV NOTIFICATIONS FOR 20112550357: Ver CDC To Dlvr Show Place+ Rule+ Renot+ InAct- Map- Rule- OOG- Renot- Forced+ 0 ATM 0 0 1 0 0 0 1 0 0 0 0 0 AX AX 1 1 1 0 0 0 0 0 0 0 0 0 CTI 0 0 1 0 0 0 1 0 0 0 0 0 DET 0 0 1 0 0 0 1 0 0 0 0 0 DH 0 0 1 0 0 0 1 0 0 0 0 0 EC4 EC4 1 1 0 1 0 0 0 0 0 0 0 0 EPT EPT 1 1 1 0 0 0 0 0 0 0 0 0 EV 0 0 1 0 0 0 1 0 0 0 0 0 HC HC 1 1 1 0 0 0 0 0 0 0 0 0 IA 0 0 1 0 0 0 1 0 0 0 0 0 PLC 0 0 1 0 0 0 1 0 0 0 0 0 PLL 0 0 1 0 0 0 1 0 0 0 0 0 PR PR 1 1 1 0 0 0 0 0 0 0 0 0 QS 0 0 1 0 0 0 1 0 0 0 0 0 SB SB 1 1 1 0 0 0 0 0 0 0 0 0 UI UI 1 1 1 0 0 0 0 0 0 0 0 0 WVH WVH 1 1 1 0 0 0 0 0 0 0 0 CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that a copy of the foregoing QUANTA SERVICES, INC. PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT has been served this 215t day of April, 2014, as follows: VIA EMAIL, FAX & U.S. MAIL: Anthony P. Krzywicki, Esq. Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 Fax: 215- 862 -4393 krzapk @verizon.net Counsel for Plaintiffs VIA U.S. MAIL: CR Drilling, Inc. 1065 Stone Gate Drive York, PA 17406 Vincent M. Roskovensky 8 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION vs. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Civil Action - In Law Plaintiff, No. 14 -317 Civil Defendants. ARBITRATION PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly 'reinstate the Complaint against the Defendant(s) in the above - captioned Civil Action for an additional thirty (30) days. DATED: April 17, 2014 BY: KRZYWICKI & ' _ SOCIATES, P.C. ox i5 New Hope, P (215)862 -43 Attorney I.D. 23754 CLARK HILL THORP REED Vincent M. Roskovensky, Esquire Pa. I.D. No. 89447 Elizabeth F. Collura, Esquire Pa. I.D. No. 206197 Firm I.D. No. 282 One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA 15219-1425 (412) 394-7716 P1LED-OFFICE THE .PROTHONO TAM' 2014 MAY 19 Ail 10: 12 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action — In Law Plaintiff, V. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC. Defendants 200758226 No. 14-317 Civil ARBITRATION AMENDED CERTIFICATE OF SERVICE OF QUANTA SERVICES, INC.'S PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT AMENDED CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that a copy of the foregoing QUANTA SERVICES, INC. PRELIMINARY OBJECTIONS RAISING ISSUES OF FACT was served on the 21St day of April, 2014, by First Class Mail, postage prepaid, on the following: Anthony P. Krzywicki, Esq. Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 Fax: 215-862-4393 krzapk@verizon.net Counsel for Plaintiffs CR Drilling, Inc. 1065 Stone Gate Drive York, PA 17406 200758226 CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that a copy of the foregoing AMENDED CERTIFICATE OF SERVICE was served on the 16th day of May, 2014, by Fax, email and First Class Mail, postage prepaid, on the following: Anthony P. Krzywicki, Esq. Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 Fax: 215-862-4393 krzapk@verizon.net Counsel for Plaintiffs CR Drilling, Inc. 1065 Stone Gate Drive York, PA 17406 200758226 - 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 14-317 Civil vs: ARBITRATION CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC.,, Defendants. STATE OF PENNSYLVANIA ss.: COUNTY OF BUCKS AFFIDAVIT OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, CR Drilling, Inc., c/o Mr. Richard L. Lyes at their last known address, which 4 Sumtner Court, Ocean View, Delaware, 19970, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service on May 16, 2014, and by. Certificate of Mailing on May 5, 2014. A copy of the USPS receipts are annexed hereto and made a part hereof. Sworn to before me this I9`k` day of 9 "Ion NOTARY PUBLIC , 2014. NOTARIAL SEAL AMY M GLASGOW Notary Pub is NEW HOPE BORO.,:BUCKS COUNTY My Commission Expires Mar 14, 2016 . - ewe -.pe, P Attorney ID No. 3754 (215) 862-4390 6539 3198 U.S. Postal Service,„ CERTIFIED MAILTIF RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.coma C MSL USE Postage Certified Fee ,Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage. Sent To ireei, ilpti No.: or POE= No, Oily, Starre,'ZIPi CR Dril11 c/o Mr. Richard . y es 4 Sumtner,Court Ocean View, DE 19970 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CR Drilling, Inc. c/o Mr. Richard L. Lyles 4 Sumtner Court Ocean View, DE 19970 j COMPLETE THIS SECTION ON CELERY A. Signature x571, B. Received by (Printed Name) 0 Agent ❑ Addressee C. Dff to of Delivery D. Is delivery address different from Item 1? 0 Yes ? . If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7 iii 27$� 0003 :65:3.9.3 98 f.. _- 4 Domestic Return Receipt 1o2585-o2-1a•tsto I This Certificate ()Wailing provides evidence that mail has been presented to USPSO This tome may be used for domestic and international nyrl From:, To: Krzywicki & Associates, P.C. - P.O. Box 505 New Hope, PA 18938 CR Drilling, Inc. c/o Mr. Richard L. Lyles 4 Sumtner Court Ocean View, DE 19970 PS Form 3817, Apr2007 PSN 7530-0240S3S065 LLICO. }-^ dp.11.6.6 If) Ct..-400)1.0= cr=CO=C) roma. .w�10-7 NJ‘ KRZYWICKI & ASSOCIATES, P.C. 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 vs. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Plaintiff, Defendants. Civil Action - In Law No. 14-317 Civil ARBITRATION PLAINTIFF'S ANSWER TO DEFENDANT, QUANTA SERVICES, INC.'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Plaintiff, PPL Electric Utilities Corporation, by and through it's attorneys, Krzywicki & Associates, P.C., and files the following Answer to Defendant, Quanta Services, Inc.'s Preliminary Objections and in support thereof avers as follows: I. BACKGROUND 1. Admitted. 2. Admitted. 3. Denied. Upon information and belief, Quanta Services, Inc., conducts business in Pennsylvania through its contractor relations with CR Drilling, Inc. and Verizon. 4. Denied. 5. Denied. 2 II. PRELIMINARY OBJECTIONS A. Pa. R. C. P. 1028(a)(1)—Lack of Personal Jurisdiction 1. Admitted. 2. Admitted. 3. Denied. There is no specific jurisdiction over Quanta in Pennsylvania. 4. Admitted. 5. Denied. 6. Denied. 7. Admitted. 8. Denied. 9. Denied. 10. Denied. There is no general jurisdiction over Quanta in Pennsylvania. 11. Admitted. 12. Admitted. 13. Admitted 14. Denied. 15. Denied. 16. Denied. 17. Denied. 3 WHEREFORE, Plaintiff, PPL Electric Utilities Corporation, respectfully requests that this Honorable Court dismiss Defendant, Quanta Services, Inc.'s Preliminary Objections and Defendant, Quanta Services, Inc., be directed to Answer the Complaint within twenty (20) days. B. Pa. R. C. P. 1028(a)(5)—Failure to Join a Necessary and Indispensable Party 1. Admitted. 2. Denied. 3. Denied. 4. Denied. C. Statute of Limitations 1. Denied. 2. Admitted. 3. Denied. WHEREFORE, Plaintiff, PPL Electric Utilities Corporation, respectfully requests that this Honorable Court dismiss Defendant, Quanta Services, Inc.'s Preliminary Objections and Defendant, Quanta Services, Inc., be directed to Answer the Complaint within twenty (20) days. Dated: June 6, 2014 KRZYWICKI & ASSOCIATES, P.C. 4 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Plaintiff's Answer to Defendant, Quanta Services, Inc.'s Preliminary Objections to Plaintiffs Complaint 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: Dated: June 6, 2014 Vincent M. Roskovensky, Esquire Clark Hill Thorp Reed 301 Grant Street, 14th Floor Pittsburgh, PA 15219 Attorney for Defendant, Quanta Services, Inc. By: KRZYWICKI & .Yi IATES An +*: ny P. Attorney for ainti P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID No. 23754 5 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 14-317 Civil vs. ARBITRATION CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Defendants. To the Prothonotary: PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD COUNT I PPL Electric Utilities Corporation vs. CR Drilling, Inc. Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corporation, and against Defendant, CR Drilling, Inc., for failure to plead to Plaintiffs Complaint as follows: Amount Due: $ 13,354.90 Fees: $ 4,500.00 Court Fees: $ 103.75 Service Costs: $ 308.00 TOTAL: $ 18,266.65 together with interest thereon from the date of judgment forward and all costs of this action. : T I hereby certify, to the best of my knowledge and belief, as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corporation, is Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant, CR Drilling, Inc., is c/o Mr. Richard L. Lyles, 3 Blue Stream Lane, Millville, Delaware, 19967. Dated: July 3, 2014 KRZYWICKI & ASSOCIATES, P.C. (215) 862-43 Attorney for ' . ' f Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION vs. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Civil Action - In Law Plaintiff, No. 14-317 Civil Defendants. ARBITRATION The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by default against the Defendant, CR Drilling, Inc., in this matter was mailed to the Defendant after the default occurred and at least ten (10) days prior to the filing of the Praecipe for Entry of Judgment pursuant to PA. R.C.P.237.1. True and correct copies of those notices are attached hereto and made a part of this Certification. Dated: July 3, 2014 KRZYWICKI & ASSOCIATES, P.C. 49 N P.O.: ox New Ho PA 1'.'38 (215) Attorne • .D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION vs. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Civil Action - In Law Plaintiff, No. 14-317 Civil Defendants. NOTICE TO: CR Drilling, Inc. c/o Mr. Richard L. Lyles 4 Sumtner Court Ocean View, DE 19970 ARBITRATION You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DATE: June 16, 2014 cc: Vincent M. Roskovensky, Esquire Attorney I . 54 Attorney •r Plaintiff UNITED STATES FORM 3547 fee due $0.57 First -Class Mail Postage and Fees Paid a POSTAL SERVICE Restricted Data USPS Permit No. G10 _.. IlkIliill`(`11'1!1^`Illillill'ilIillit lj IIIII111IIPhiI'I' tC1E1i7 ^.1 1 _.. OL661 3Q `A;AO IMOD SatIttaIS b =VI oP 'owl ` o111t3Q?IO :0.L a3]s311b321 acmes ssaxaav 231.27.0e,,8E681 vd Aiw N,CC 9i SOS x08'Od _an:� 1 6 Ket KOZ mei ie %Ca llow -.."..........-.."..........-.."......-.."...........e..' O6T Vd 1S114d1.10VIIRcl d'saJOt ossy'' »ppm/a i OLD: NEW: 4 SUMTER CT OCEAN MEW DE 19970-3248 3 BLUE STREAM LN MILLVILLE DE 19967-6748 06/21/14 17:28 2200360000042A:1 proc:20140617 eff.20140515 PLANET: 1d:94 Code:00922897166360069419970324804 TO THE POSTMASTER OF PO BOX 505 NEW HOPE PA 18938-9998 11111 1111.11111111.1.1111111111111111111 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 14-317 Civil vs. ARBITRATION CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., 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 Notice of Intention to Take Default pursuant to PA. R.C.P. 237.1 $ a Defendant(s), by first class mail on June 16, 2014. Sworn to and subscribed before me this 3 r 1 day of akrg 9 OTARY PUBLIC , 2014. NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14, 2016 ew Hope, PA 1 (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. 14-317 Civil vs. ARBITRATION CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Defendants. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, being duly sworn, according to law, deposes and states that I am a representatives of PPL Electric Utilities Corporation, the Plaintiff herein, and as such, state the following: 1. The Defendant, CR Drilling, Inc., is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, CR Drilling, Inc., is a corporation with a principle place of business at c/o Mr. Richard L. Lyles, 3 Blue Stream Lane, Millville, Delaware, 19967. 3. I have ascertained the above information by pers investi . do . ► make this Affidavit with due authority. Sworn to and subscribed before me this day of 041%.109-$1 92s NOTARY PUBLIC , 2014. NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14, 2016 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION vs. CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Civil Action - In Law Plaintiff, No. 14-317 Civil Defendants. ARBITRATION AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.. COUNTY OF BUCKS 3) I I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, CR Drilling, Inc., c/o Mr. Richard L. Lyes at their last known address, which 4 Sumtner Court, Ocean View, Delaware, 19970, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United States Postal Service on May 16, 2014, and by Certificate of Mailing on May 5, 2014. A copy of the USPS receipts are annexed hereto and made a part hereof. B KRZYWI OCIA ES, P.C. Anthony P. Attorne P. e e, P 18938 Attorney ID (215) 862-4390 Sworn to before me this Jayof , 2014. NOTAY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS'COUNTY My Commission Expires Mar14, 2016 quire U.S. Postai Service CERTIFIED MAILrr. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r-Foa;deiiyery:informafionour wetisiteat www-usps.com Le\y�7 Certified Fee ,) Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postage Total Postage Sen! To �iree ........ orl9Sax No. 'Coy,: , 21P+ pS Form S 111111111. ere' CR Drilli nc.,6: c/o Mr. Richard y es 4 Surntner_.Court Ocean View, DE 19970 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. • >• Attach this card to the back -of themaiipiece, or on the front if space permits. } 1. Article Addressed to; CR Drilling, Inc. c/o Mr. Richard L. Lyles 4 Sumtner Court Ocean View, DE 19970 A. Signature X 571,Addressee D -Avant B. Received by (Printed Name) 51-1,ei [4 LYlcs . Dflter of Delivery D. is dernre y address from item 1? l7 Yes if YES, enter delivery address below: 0.1\0 3. Service Type 0 Certified Mail 0 Express Mail D; Registered 0 Return Receipt far Merchandise 0 Insured Mail 0 C.O.D.. 4, Restricted Delivery'? (Extra Free) D Yes 2. Article Number 7{31:. X2760 ' Ilt}�3 6539. 3;19 (rransrerfrom �rvlce tabu .. . i S Form 3$11..Fesgmaty 2qQ4 :Domestic Rom Receipt rcesas4244454o�: alUNITED S71STES POST& SERVICE Certificate Of WI- w Thls Cergdate of 'ielailinS provides evidence that ma;; has been presented td USPSeti '1:3E CL This torth May be used IV dornestiban0 Nerneidnal mad• — 01 WOO• Krzywicki & Associates PC. *AI <E=C000 7 Z X P.O. Box 505 New Hope, PA 18938 CR Drilling, Inc. c/o Mr. Richard L. Lyles 4 Sumtner Court Ocean View, DE 19970 PS Ran 3817, April 2007 PSN 7530-02-000- 5 351 L (.0 OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 David D. Buell Prothonotary TO: CR Drilling, Inc. c/o Mr. Richard L. Lyles 3 Blues Stream Lane Millville, DE 19967 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. 14-317 Civil vs. ARBITRATION CR DRILLING, INC., "JOHN DOE" and QUANTA SERVICES, INC., Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754