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HomeMy WebLinkAbout14-1078 Supreme Co.._`_ ennsylvania Cour Pcommo Pleas For Prothonotary Use Only: C i�'' o? h t � 3 o Docket No: ' t C tPrxtberland County r 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 lai or rules of court. Commencement of Action: S © Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: UGI Utilities Inc. Howard Robson Inc. T I Are money damages requested? ❑✓ Yes El No Dollar Amount Requested: ❑✓ within arbitration limits (check one) ❑outside arbitration limits O 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 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 ❑ 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 mass tort) ❑Employment Dispute: E Discrimination Slander /Libel/ Defamation C ✓ Other: ❑Employment Dispute: Other ❑Zoning Board T Underground utility damage El Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste 1:1 Ejectment E] Common Law /Statutory Arbitration B Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment HGround 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 1/1/2011 � 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law No. 1l1' 16 e VS. : ARBITRATION HOWARD ROBSON INC. and CRAIG BRICKER, C Defendants. r _ ;•=T� =, COMPLAINT NOTICE You have been sued in Court. If you wish to defend C:DY "` against the claims set forth in the following' -f 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 C aM4 '56 l v3 . - T ll if JJ / 71) �/� i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law No. VS. ARBITRATION HOWARD ROBSON INC. and CRAIG BRICKER, 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, HOWARD ROBSON INC., is a Pennsylvania Corporation with a principle place of business located at 891 Stony Battery Road, P.O. Box 309, Landisville, Pennsylvania, 17538. 4. Defendant, CRAIG BRICKER, is an adult individual whose current whereabouts is unknown but is employed by Defendant, HOWARD ROBSON 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 Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT UGI UTILITIES INC. VS. CRAIG BRICKER NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, CRAIG BRICKER, 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; and d) did not hand dig a test hole to identify location of the gas line. 8. Defendant, CRAIG BRICKER, on or about July 10, 2012, while operating a trackhoe struck and damaged an underground active gas utility line owned and operated by UGI UTILITIES INC. at the vicinity of 21 E. Dulles 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 $1,926.73, including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendants, in an amount in excess of $1,926.73, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. CRAIG BRICKER 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 active - underground gas utility line prior to July 10, 2012. 13. Defendant, CRAIG BRICKER, 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; and d) did not hand dig a test hole to identify location of the gas line. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendants, in an amount in excess of $1,926.73, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. COUNT III UGI UTILITIES INC. VS. HOWARD ROBSON INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 14. Paragraphs 1 through 13 are incorporated by reference as if fully set forth herein. 15. Defendant, HOWARD ROBSON INC., was the owner of the trackhoe that struck and damaged an underground active gas utility line. 16. Defendant, HOWARD ROBSON 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, HOWARD ROBSON 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, HOWARD ROBSON INC., 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. 20. Plaintiff has been damaged in the amount of $1,926.73, including costs and attorneys fees. WHEREFORE, Plaintiff, UGI UTILITIES INC., demands judgment against the Defendant, in an amount in excess of $1,926.73, together with costs, prejudgment and post judgment interest and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & AS TES, P.C. DATED: February 20, 2014 By: _ Anthony z i, quire P.O. x 505 ew Hope, PA 18938 215- 862 -4390 Attorney for Plaintiff Attorney I.D. 23754 � r 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: February 20, 2014 5 NTHO P. Y CKI, ESQUI SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson SheriffttP mi-CCH Jody S Smith � F+ 12 j 2 r Chief Deputy �' Richard W Stewart CUMBERLAND COuj Solicitor PENNSYLVANIA UGI Utilities Inc. vs. Case Number Howard Robson Inc. (et al.) 2014-1078 SHERIFF'S RETURN OF SERVICE 02/24/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Howard Robson Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint& Notice according to law. 02/24/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Craig Bricker, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint& Notice according to law. 03/03/2014 03:50 PM-The requested Complaint& Notice returned by the Sheriff of Lancaster County, the within named Defendant Craig Bricker, not found. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. 03/07/2014 03:51 PM -The requested Complaint& Notice served by the Sheriff of Lancaster County upon Howard Robson, who accepted for Howard Robson Inc., at 891 Stony Battery Road, Landisville, PA 17538. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, March 07, 2014 RONZ ANDERSON, SHERIFF SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Brad Harris Sheriff f4i4ea Solicitor Marc Lancaster Charles Hamilton Chief Deputy Lieutenant UGI UTILITIES, INC Case Number vs. CRAIG BRICKER (et al.) 2014-1078 SHERIFF'S RETURN OF SERVICE 03/03/2014 03:50 PM - I, 'DEPUTY CHARISSA LEPPLER, BEING DULY SWORN ACCORDING TO LAW, STATES I MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT...CRAIG BRICKER, BUT WAS UNABLE TO LOCATE THE DEFENDANT. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT& NOTICE AS"NOT FOUND".AT 891 STONY BATTERY ROAD, LANDISVILLE, PA 17538. DEF HAS NOT WORK AT ABOVE OVER A YEAR. THEY DONT HAVE AN CURRENT ADDRESS FOR DEF. CHARISSA L PLER, DEPUTY 03/03/2014 03:51 PM -SERVED THE COMPLAINT& NOTICE BY HANDING A COPY TO HOWARD ROBSON (OWNER), WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR HOWARD ROBSON, INC AT 891 STONY BATTERY ROAD, LANDISVILLE, PA 17538. SO ANSWERS: DEPUTY CHARISSA LEPPLER, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. CHARISSA L PLER, DEPUTY SHERIFF COST: $72.34 SO ANSWERS, March 04, 2014 MA6K REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 02/26/2014 Advance Fee Advance Fee 17750 $0.00 $150.00 02/26/2014 Receiving,Docketing&Return $9.00 $0.00 02/26/2014 Service $9.00 $0.00 02/26/2014 Affidavit $2.50 $0.00 02/26/2014 Deputy Time 2X $20.00 $0.00 02/26/2014 Copies 2X $12.00 $0.00 02/26/2014 Service(Additional Defendant) $6.00 $0.00 02/26/2014 Affidavit-Additional Fees $1.00 $0.00 03/03/2014 Service Mileage $7.84 $0.00 03/04/2014 Not Found Return $5.00 $0.00 03/04/2014 Refund $77.66 $0.00 $150.00 $150.00 BALANCE: $0.00 Plaintiff Attorney. KRZYWICKI&ASSOCIATES, P.O. BOX 505, NEW HOPE, PA 18938 (c)CountySuteSherff€Teleosoft Inc _._ _._ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA UGI UTILITIES INC., •: • c Plaintiff, • Civil Action-In Law : No 14-1078 Civil vs. : c.) • ARBITRATION Co.'s. -W' "` HOWARD ROBSON INC. and `~ . . ' CRAIG BRICKER, �..ek (.r-, `=. Defendants. : 9 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. 1 KRZYWIC :• ASSO 'ATES,P.C. DATED: March 20, 2014 BY: Antho '. 4,Es• • re Pit. :ox ,1 New Ho: , 'A 18' 8 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 E 1 1 i 1