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HomeMy WebLinkAbout14-4893 Supreme Cog. nnsylvania Cour Co` nw leas For Prothonotary Use Only: 7j C . 1l t Docket No: C� r(' 'ci Countylli�� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadings or other papers as required by law or rules of court. Commencement of Action: S ©Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PPL Electric Utilities Corporation E. K. Services, Inc. T Dollar Amount Requested: ❑✓within arbitration limits I Are money damages requested? ❑✓ Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes ❑✓ No Is this an AMJAppeal? ❑ Yes ❑✓ No F t 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) E]Employment Dispute: E Discrimination 8Slander/Libel/Defamation E]Employment Dispute:Other E] Zoning Board Other T Underground utility damage El Other: T I ❑Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑ Other: Eminent Domain/Condemnation ❑Declaratory Judgment B B Ground Rent Mandamus ❑ Landlord/Tenant Dispute 8 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY B Mortgage Foreclosure: Commercial ❑Quo Watranto ❑ Dental ❑Partition ❑Replevin ❑ Legal ❑Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. �(,I.CIS , vs. ARBITRATION E. K. SERVICES, INC. and RANDY MILLER, Defendants. COMPLAINT NOTICE Fl You have been sued in Court. If you wish to defend P 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 �a �10�?77 ��a�a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION Civil Action - In Law Plaintiff, No. VS. ARBITRATION E. K. SERVICES, INC. and RANDY MILLER, 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, E. K. SERVICES, INC., is a Pennsylvania corporation with a principal place of business at 260 Old York Road,New Cumberland, Pennsylvania, 17070. 4. Defendant, RANDY MILLER, is an adult individual whose current whereabouts is unknown but is employed by Defendant, E. K. SERVICES, 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. f ^ COUNT I PPL ELECTRIC UTILITIES CORPORATION VS. RANDY MILLER NEGLIGENCE PER SE 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by referenced as if fully set forth. 7. Defendant, RANDY MILLER, while excavating for Defendant, E. K. SERVICES, INC., 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) determined that markings identifying the location of the utility line were not clear but continued to dig with a trackhoe in the area eventually severing an active primary cable risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, RANDY MILLER, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the primary cable. 8. Defendant, RANDY MILLER, on or about July 30, 2013,while digging struck and damage an underground cable owned and operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of 435 Lamp Post Lane, 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. t 10. Plaintiff made demand on Defendant, RANDY MILLER, to repay the sums then due and owing to Plaintiff, but Defendant, RANDY MILLER, has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of$11,297.66, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of$11,297.66, 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. RANDY MILLER 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 July 30, 2013. 14. Defendant, RANDY MILLER, 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: 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; i C) determined that markings identifying the location of the utility line were not clear but continued to dig with a trackhoe in the area eventually severing an active primary cable risking a catastrophe; d) did not hand dig to locate the utility line when Defendant, RANDY MILLER, determined that the markings were not clear; and e) did not hand dig a test hole to identify location of the primary cable. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendants, in an amount in excess of$11,297.66, 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. E. K. SERVICES, INC. VICARIOUS LIABILITY FOR ACTION OF EMPLOYEE 15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein. 16. Defendant, E. K. 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. 17. Defendant, E. K. SERVICES, INC., was the owner of the trackhoe that struck and damaged underground primary cable. 18. Defendant, E. K. SERVICES, 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. s 20. The aforementioned damages were the direct and proximate result of the negligence of Defendant, E. K. SERVICES, 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, RANDY MILLER, in the operation of his/her trackhoe; b) negligently and carelessly failing to properly supervise the operation and control of said trackhoe; and C) otherwise failing to exercise reasonable care under the circumstances. 21. Plaintiff has been damaged in the amount of$11,297.66, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of$11,297.66,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: August 14, 2014 By: nthony P. i s r P.O. B 0 N o , A18 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 f 4 A 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: August 14, 2014 ANTH CKI, ESQUIRE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, vs. Civil Action - In Law Plaintiff, No. 14-4893 Civil ARBITRATION..., E.K. SERVICES, INC. and RANDY MILLER, Defendants. PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendant(s) without prejudice upon payment of your costs only. DATED: August 27, 2014 BY: KRZYWICKI & AS • CIATES, P.C. ony P. Kr ttorney f .O. B cki, E mtif (215) 862-4390 Attorney I.D. 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 1:11_DO/fclotOt/[ ^m~`w� Jody BSmith �� r^ ' -70/ti SEP 22 PM o. ,_ Chief Deputy Richard W Stewart CUMBERLAND CO7y Solicitor *�csmrne*�m� PE@NqY/VdN/—`' PPL Electric Utilities Corporation vs. E.K. Services, Inc. (et al.) Case Number 2014-4893 SHERIFF'S RETURN OF SERVICE 08/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligentsearch and inquiry for the within named Defendant to witE.K. Services, 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. 08/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Randy Miller, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of YorkPennsylvania to serve the within Complaint & Notice according to law. 08/22/2014 10:18 AM - The requested Complaint & Notice served by the Sheriff of York County upon David Beinhower, who accepted for Randy Miller, at 260 Old York Road, New Cumberland, PA 17070. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 08/22/2014 10:18 AM - The requested Complaint & Notice served by the Sheriff of York County upon David Beinhower, who accepted for E.K. Services, Inc., at 260 Old York Road, New Cumberland, PA 17070. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, September 16, 2014 RONNYRANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J'MANGAN.ESQ. Sheriff Solicitor Michael S. Hose` Richard E Rice, W Chief Deputy, Operations u���m*�, Chief Deputy, Administration PPL ELECTRIC UTILITIES CORPORATION vm. E.K. SERVICES, INC. (et al.) Case Number 14-4893 CIVIL SHERIFF'S RETURN OF SERVICE 0022/2014 10:18 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DAVID BEINHOWER, CFO, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR E.K. SERVICES, INC. AT 260 OLD YORK ROAD, NEW CUMBERLAND, PA 17070. TAYLOR EK, DEPUTY 08/22/2014 10:18 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DAVID BEINHOWER, CEO, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR RANDY MILLER AT 260 OLD YORK ROAD, NEW CUMBERLAND, PA 17070. ��� � »�� -, ,TAYLOR ECK, DEPUTY SHERIFF COST: $51.40 SO ANSWERS MICHAEL S. FF FOR September 11, 2014 RICHARD P KEUERLEBER, SHERIFF INotarial us L. Thorpe, Notary Public ' Ctty of York, York County My Commission Expires Aug. 12, 2017 MEMBER. PENNSYLVANIA ASSOCIATION CF NOTARIES COMMONWEALTH OF PENNSYLVANIA Affirmed and subscribed to before me this 11TH day of SEPTEMBER NOTARY 2014