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HomeMy WebLinkAbout14-6610 Supreme COennsylvania Cour C J6 m leas For Prothonotary Use Only: C, *1 114- Docket No: ST Cd e Ian Countv The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the Cling and service 9fpleadings or other papers as required by lam,or rules of court. Commencement of Action: S 2 Complaint El Writ of Summons El Petition rl E Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: C PPL Electric Utilities Corporation Nigel E. Bullen Dollar Amount Requested: 2within arbitration limits Are money damages requested? 21 Yes El No (check one) Doutside arbitration limits 0 N Is this a Class Action Suit? E]Yes 2 No Is this an AffiJAppeal? ❑ Yes 2 No A Name of PlaintifflAppellant'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 n Intentional M Buyer Plaintiff Administrative Agencies El Malicious Prosecution ❑Debt Collection:Credit Card F1 Board of Assessment F/1 Motor Vehicle ❑Debt Collection:Other D Board of Elections Nuisance Dept.of Transportation S Premises Liability B Statutory Appeal:Other Product Liability(does not include mass tort) El Employment Dispute: E Discrimination C Slander/Libel/Defamation Other: E] ❑Employment Dispute:Other E]Zoning Board T ❑ Other: I ❑Other: O MASS TORT F1 Asbestos N Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste❑ F1 Ejectment rl Common Law/Statutory Arbitration B Other: Eminent Domain/Condemnation ❑Declaratory Judgment HGround Rent Mandamus ❑Landlord/Tenant Dispute HNon-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY HMortgage Foreclosure:Commercial ❑Quo Warranto [I Dental M Partition ❑Replevin n Legal n Quiet Title F1 Other: ❑ Medical ❑Other: ❑ Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Actin- In La Plaintiff, No. /7 , 6410 La o , vs. ARBITRATION NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., r BLACKWATER LOGISTICS, INC., _ - VERIZON PENNSYLVANIA LLC and Hca .• 'i;:. COMCAST CORPORATION, Defendants. COMPLAINT p 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 '05 5 PW to 4113. 7 — , 313 q 0Z V IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action-In Law Plaintiff, No. vs. ARBITRATION NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., BLACKWATER LOGISTICS, INC., VERIZON PENNSYLVANIA LLC and COMCAST CORPORATION, Defendants. COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORPORATION to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 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,NIGEL E. BULLEN, is an adult individual residing at 24308 131St Avenue, Rosedale,New York, 11422. 4. Defendant, RYDER TRUCK RENTAL INC., is a Florida corporation with a principle place of business at 11690 NW 105 Street, Miami, Florida, 33178. 5. Defendant, BLACKWATER LOGISTICS, INC., is a New York corporation with a principal place of business at 145 Hook Creek Boulevard, Building 1361), Valley Stream,New York, 11581. 6. Defendant, VERIZON PENNSYLVANIA LLC, is a Delaware corporation with a place of business at 1717 Arch Street, 32nd Floor, Philadelphia, Pennsylvania, 19103. 7. Defendant, COMCAST CORPORATION, is a Pennsylvania corporation with a place of business at 4601 Smith Street, Harrisburg, Pennsylvania, 17109. 8. At all times relevant hereto, Plaintiff was engaged in the business of 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. NIGEL E. BULLEN 9. Defendant,NIGEL E. BULLEN, while operating a vehicle, collided with and damaged property owned by Plaintiff. 10. Defendant negligently operated the vehicle in that he/she: a) failed to have said vehicle and/or equipment under proper and adequate control; b) failed to keep a proper lookout; C) operated said vehicle and/or equipment in a reckless and careless manner; d) failed to keep vehicle and/or equipment in the proper lane of travel; e) failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; f) failed to remain alert and attentive under the circumstances; g) operated the vehicle and/or equipment without due regard for the rights, safety and position of the Plaintiff; h) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment on public streets, highways and roadways; i) being negligent at the law; j) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. 11. Defendant, on or about December 27, 2013, struck Defendant, VERIZON PENNSYLVANIA LLC'S OR Defendant, COMCAST CORPORATION's wires, damaging utility poles and overhead facilities owned and operated by operated by PPL ELECTRIC UTILITIES CORPORATION at the vicinity of the 3901 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 12. Defendant's actions or inactions as set forth above are the proximate cause of the damages as set for above and herein. 13. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 14. Plaintiff has been damaged in the amount of$25,342.69, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$25,342.69, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. RYDER TRUCK RENTAL INC. 15. Paragraphs 1 through 14 are incorporated as referenced as if fully set forth herein. 16. At all time relevant hereto, Defendant, RYDER TRUCK RENTAL INC., was the owner of the vehicle driven by Defendant,NIGEL E. BULLEN. 17. At the time of the aforesaid accident, Defendant, RYDER TRUCK RENTAL INC., was responsible for the actions of its agent, Defendant, NIGEL E. BULLEN. 18. The aforementioned damages were the direct and proximate result of the negligence of Defendant, RYDER TRUCK RENTAL INC., including negligent acts and/or omissions of.Defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to Defendant,NIGEL E. BULLEN; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, NIGEL E. BULLEN, in the operation of his/her vehicle; C) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways; and f) otherwise failing to exercise reasonable care under the circumstances. 19. As a direct and proximate result of the negligence of Defendant, RYDER TRUCK RENTAL INC., Plaintiff sustained damages as described above. 20. Plaintiff has been damaged in the amount of$25,342.69, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$25,342.69, including pre judgment and post- judgment interest, punitive damages and delay damages as the law may allow. COUNT III PPL ELECTRIC UTILITIES CORPORATION VS. BLACKWATER LOGISTICS, INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 21. Paragraphs 1 through 20 are incorporated by reference as if fully set forth herein. 22. Upon information and belief, Defendant, BLACKWATER LOGISTICS, INC., was the lessee of Defendant, RYDER TRUCK RENTAL INC.'s vehicle who struck and damaged the low hanging wire damaging Plaintiff s property. 23. Defendant, BLACKWATER LOGISTICS, INC., is vicariously responsible for the actions of its agents and employees. 24. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set forth above and herein. 25. Plaintiff has been damaged in the amount of$25,342.69, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant, in an amount in excess of$25,342.69, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT IV IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. VERIZON PENNSYLVANIA LLC 26. The allegations contained in Paragraphs 1 through 25 above are incorporated by reference as if fully set forth. 27. Upon information and belief, Defendant, VERIZON PENNSYLVANIA LLC, negligently maintained its overhead facilities that were too low to the road surface in violation of State and Federal regulations. 28. Defendant, VERIZON PENNSYLVANIA LLC's negligence was the proximate cause of the damage to Plaintiff's property. 29. Plaintiff has been damaged in the amount of$25,342.69, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$25,342.69,together with costs,pre judgment and post judgment interest as the law may allow. COUNT V IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. COMCAST CORPORATION 30. The allegations contained in Paragraphs 1 through 29 above are incorporated by reference as if fully set forth. 31. Upon information and belief, Defendant, COMCAST CORPORATION, negligently maintained its overhead facilities that were too low to the road surface in violation of State and Federal regulations. 32. Defendant, COMCAST CORPORATION's, negligence was the proximate cause of the damage to Plaintiff's property. 33. Plaintiff has been damaged in the amount of$25,342.69, including costs and attorneys fees. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORPORATION, demands judgment against the Defendant in an amount of$25,342.69, together with costs,pre judgment and post judgment interest as the law may allow. Respectfully submitted, KRZ;Hol SS CIATES, P.C. DATED: November 11, 2014 By: nth ' qui P.O. 8 (215) 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: November 11, 2014 ANTHON IC I, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson + ,+ L -OF ,C_.., Sheriff i# ' ; I.. [ I_,i O 1 HOMO Jody S Smith Chief Deputy Richard W Stewart Solicitor opPiCECF FH VHC,FrFp 4k DEC - I AM g: 45 CUMBERLAND COUNTY PENNSYLVANIA PPL Electric Utilities Corporation vs. Nigel E Bullen (et al.) Case Number 2014-6610 SHERIFF'S RETURN OF SERVICE 11/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Comcast Corporation, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 11/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Verizon of Pennsylvania LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Philadelphia, Pennsylvania to serve the within Complaint & Notice according to law. 11/19/2014 01:26 PM - The requested Complaint & Notice served by the Sheriff of Philadelphia County upon Marie Barker, who accepted for Verizon of Pennsylvania LLC, at 1717 Arch Street, 32nd Floor, Philadelphia, PA 19103. Jewell Williams, Sheriff, Return of Service attached to and made part of the within record. 11/21/2014 03:20 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Bob Sersch, who accepted for Comcast Corporation, at 4601 Smith Street, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, 1 November 25, 2014 RONNY R ANDERSON, SHERIFF (c) Cou-tySu1© Shsrif, Te':zosoft, i ..,. Jewell Williams Sheriff Kevin Lamb Chief Deputy SHERIFF'S OFFICE OF PHILADELPHIA COUNTY Al Innaurato Captain Robert Jackson Chief of Staff PPL ELECTRIC UTILITIES CORPORATION Case Number vs. VERIZON PENNSYLVANIA, LLC 14-6610 AFFIDAVIT OF SERVICE 11/19/2014 10:53 AM - RECEIVED SERVICES FOR CIVIL ENFORCEMENT UNIT 11/19/2014 01:26 PM - SERVED THE COMPLAINT IN CIVIL ACTION BY HANDING A COPY TO MARIE BARKER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR VERIZON PENNSYLVANIA, LLC AT 1717 ARCH STREET, PHILALDELPHIA, PA 19103. SO ANSWERS: DEPUTY OMAR APPLING, DEPUTY SHERIFF OF PHILADELPHIA COUNTY, PA. (9;POS4. OMAR APPLING, D PUTY SHERIFF COST: $116.00 SO ANSWERS, November2l, 2014 JEWELL WILLIAMS, SHERIFF Affirmed and subscribed to before me this day of NOTARY (c) CountySuite Sheriff, Teleosoft, Inc. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin f Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy PPL ELECTRIC UTILITIES CORPORATION VS COMCAST CORPORATION Sheriffs Return No. 2014-T-3005 OTHER COUNTY NO. 2014-6610 And now: NOVEMBER 21, 2014 at 3:20:00 PM served the within NOTICE & COMPLAINT upon COMCAST CORPORATION by personally handing to BOB-SERSCH * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CT CORP, 116 PINE STREET, SUITE 320 HARRISBURG PA 17101 DEFENDANT HAS REQUESTED IN PREVIOUS CASES THAT SERVICE OF CIVIL PROCESS BE MADE TO THEIR REGISTERED AGENT, CT CORPORATION AT 116 PINE STREET, SUITE 320, HARRISBURG, PA 17101. * SR. CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 24TH day of November, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, AV%/C___ Sherif .f Dauphin County, Pa. By Dep • Sheriff Deputy: JESSICA KARL Sheriffs Costs: $47.25 11/19/2014 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Civil Action - In Law Plaintiff, No. 14-6610 Civil Term vs. ARBITRATION NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., BLACKWATER LOGISTICS, INC., VERIZON PENNSYLVANIA LLC and COMCAST CORPORATION, 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 Complaint in the above matter, addressed to Defendant, Ryder Truck Rental Inc., at their last known address, which is 11690 NW 105 Street, Miami, Florida, 33178, by Certified Mail, Return Receipt Requested, under the exclusive care and custody December 1, 2014 and by Certificate of Mailing on December 3, 2014 and to Defendant, Blackwater Logistics, Inc., at their last known address, which is 145 Hook Creek Blvd., Bldg B6D, Valley Stream, New York, 11581, by Certified Mail, Return Receipt Requested, under the exclusive care and custody November 28, 2014 and by Certificate of Mailing on December 3, 2014. A copy of the USPS receipts are annexed hereto and made a part hereof. A copy of the USPS receipts are annexed hereto and made a part hereof. New Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 Sworn to before me this day of r2Q.0 fire 2014. EAL AMY M GLASGOW Notary Public NEW HOPE BORO., BUCKS COUNTY My Commission Expires Mar 14, 2016 LJ(1)4)w r m Er m ..SJ m Q ru fl r9 0 U.S. Postal Service CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comv M J C AL USE, .\--)Postage bry7� CenKfed Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) -Total Postage Sent To or P0 Box N city Shale ZiPi PS Form 3800,,) OMEN MIN G4 P e :114 Ryder et tai. nc. 11690 N 105 . Street Miami, FL 33178 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. d Ryder Truck Rental Inc. 11690 NW 105 Street MIami, FL 33178 COMPLETE THIS SECTION ON DELIVERY A. Sig atu X D Agent 0 Addressee C. Dat of elivery B. Received by Printed Name) / D. Is delivery address different from item 1? C.l Yes If YES, enter delivery address below: 0 No . Service Type D Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mali 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7,010...278;0 000.3._6539 36188 PS Form 3811, February 2004 Domestic Retum Receipt UNITED -STATES POSTAL SERWCE • Certificate Of htpt- This.Certificate of maiiing provides evidence that mail has been presented to USPS® 1, This forrn may be used for domestic and international mall, From: To: Krzywicki & Associates, P.C. P.O. Box 505 New Hope, PA 18938 Ryder Truck Rental Inc. 11690 NW 105 Street Miami, FL 33178' PS Fan) a817, An1 2007 PSN 7530-02-0049065 3“6rf Lfl m U.S. Postal Service CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comv Er m Postage �bnb Certified Fee M Retum Receipt Fee D (Endorsement Required) D Restricted Delivery Fee (Endorsement Required) Ft I! `c Rita! Postage SBM To Street, Apt No.; or PO Box No. CAy State. l/P+! MEM 11111111, MEM MEE 40 tea. b I tvr/ Ait.'i PS Form 3800. Blackwater Logistics, Inc. 145 Hook Creek Blvd, Bldg B6D Valley Stream, NY 11581 • SENDER: Cer.,IPLETE THIS SECTION CO"..°PLETE 7H'S SE^'7G.'l O?, LIE:_ VERY • 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: Blackwater Logistics, Inc. 145 Hook Creek Blvd, Bldg B6D Valley Stream, NY 11581 D. Is deity Agent O Addressee C. Date of ()Avery 0 Yes 0 No ress different from item 1? If YES, enter delivery address below: 3. Service Type 0 Certified Mail 0 Registered ❑ Insured Mali 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Numbers , `s I r t 7fl 1 l 2-1171ifl �.11131.I3 33 3'9 "_�3 6'5S L;.-.11 .( (Genstar, from seivlcls label) __: PS Form 3811, February 2004 Domestic Return Receipt102595.02- 1 UNri DSTATES POSTAL SERVICE • Certificate Of Maiilo This Certificate of Meiling provides evidence that mail has been presented to USPS' for ma4,rp This form may be used for domestic end international med. From: To: Krzywicki & Associates, P.C. P.O. Box 505 New'Hope, PA 189 Blackwater Logistics, 145 Hook Creek Blvd, Bl Valley Stream, NY 115 :PS Foam 1817, Apra 2007 PSN 75:30-02-900-9065 3 636 rb . 3 i n.^1 1. .3 : a 11: r' t"..Y.c.•) S IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORPORATION, Plaintiff, v. NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., BLACKWATER LOGISTICS, INC., VERIZON PENNSYLVANIA LLC AND COMCAST CORPORATION, Defendants. NOTICE TO PLEAD TO: Counsel You are hereby notified to file a written response to the enclosed Answer and New Matter to Plaintiff's Complaint with twenty (20) days from the date of service hereof or a judgment may be entered against you By Christine Tartamella, Esquire CIVIL DIVISION 14-6610 ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Filed on behalf of Defendants, COMCAST CORPORATION Counsel of record for these parties: Stephen Geduldig, Esquire PAI.D. # 43530 sgeduldig@pionlaw.com Christine Tartamella, Esquire PAI.D. # 207761 ctartamella@pionlaw.com PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. Payne Shoemaker Building, 10th Floor 240 North Third Street Harrisburg, Pennsylvania 17101 717-737-5833 717-737-5553 (fax) JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CIVIL DIVISION CORPORATION, 14-6610 Plaintiff, v. NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., BLACKWATER LOGISTICS, INC., VERIZON PENNSYLVANIA LLC and COMCAST CORPORATION„ Defendants. ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, PPL ELECTRIC UTILITIES CORPORATION, by and through their attorneys, PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C., and Christine Tartamella, Esquire, and Stephen Geduldig, Esquire and hereby files the instant Answer with New Matter to Plaintiffs Complaint and avers as follows: 1. Denied pursuant to Pa.R.C.P. 1029(e). 2. Denied pursuant to Pa.R.C.P. 1029(e). 3. Denied pursuant to Pa.R.C.P. 1029(e). 4. Denied pursuant to Pa.R.C.P. 1029(e). 5. Denied pursuant to Pa.R.C.P. 1029(e). 6. Denied pursuant to Pa.R.C.P. 1029(e). 7. Denied as stated. The proper designation for Comcast in Cumberland County is Comcast of Southeast Pennsylvania, LLC. 8. Denied as legal conclusion and pursuant to Pa.R.C.P. 1029(e). COUNT I PPL ELECTRIC UTILITIES CORPORATION VS. NIGEL E. BULLEN 9.-14. These allegations are addressed to a party other than Answering Defendant. WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. COUNT II PPL ELECTRIC UTILITIES CORPORATION VS. RYDER TRUCK RENTAL INC. 15.-20. These allegations are addressed to a party other than Answering Defendant. WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. COUNT III PPL ELECTRIC UTILITIES CORPORATION VS. BLACKWATER LOGISTICS, INC. VICARIOUS LIABILITY FOR ACTION OF AGENT 21.-25. These allegations are addressed to a party other than Answering Defendant. WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. 2 COUNT IV IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. VERIZON OF PENNSYLVANIA LLC 26.-29. These allegations are addressed to a party other than Answering Defendant. WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. COUNT V IN THE ALTERNATIVE PPL ELECTRIC UTILITIES CORPORATION VS. COMCAST CORPORATION 30. Answering Defendant hereby incorporate by reference its responses in the preceding paragraphs as if fully set forth herein. 31. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 32. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 33. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. 3 NEW MATTER 34. Answering Defendant hereby incorporate by reference its responses in the preceding paragraphs as if fully set forth herein. 35. Answering Defendant acted reasonably at all times material hereto. 36. Plaintiff's Complaint fails to allege that any conduct on the part of Answering Defendant caused or contributed to their alleged damages and harm. 37. Plaintiff's alleged damages and losses were not caused by any alleged act, omission or conduct on the part of Answering Defendant. 38. Plaintiff's alleged damages and losses were caused by the acts or omissions of a third party or third parties over whom Answering Defendant had no control or right of control. 39. Plaintiff may have failed to mitigate its damages. 40. Some or all of Plaintiff's claims may be barred by the statute of limitations. WHEREFORE, Defendant, Comcast Corporation, respectfully requests that Plaintiff's Complaint be dismissed in its entirely and judgment entered in its favor. CROSS CLAIM 26. Answering Defendant hereby files this New Matter in the Nature of a Cross Claim against Defendants, Nigel E. Bullen, Ryder Truck Rental Inc., Blackwater Logistics, Inc., and Verizon Pennsylvania LLC, and avers that should Plaintiff succeed in proving any of its claimed damages at trial, then Defendants, Nigel E. Bullen, Ryder Truck Rental Inc., Blackwater Logistics, Inc., and Verizon Pennsylvania LLC, should be held solely liable to Plaintiff, jointly and severally liable to Plaintiff, or liable over Answering Defendant by way of contribution and/or indemnity. 4 WHEREFORE, Defendant, Comcast Corporation, denies any and all other allegations of the Complaint and requests that judgment be entered in its favor, or in the alternative, that Defendants, Nigel E. Bullen, Ryder Truck Rental Inc., Blackwater Logistics, Inc., and Verizon Pennsylvania LLC, be found solely liable to Plaintiff, jointly and severally liable to Plaintiff, or liable over Answering Defendant by way of contribution and/or indemnity. Date: 12/12 2014 Respectfully Submitted, PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. By all p,57.---___ Stephen Geduldig, Esquire PA I.D. # 43530 Christine Tartamella, Esquire PA I.D. # 207761 Payne Shoemaker Bldg., 10th Floor 240 North Third Street Harrisburg, PA 17101 717-737-5833 717-737-5553 (fax) Counsel for Defendant, COMCAST CORPORATION 5 VERIFICATION an authorized representative of COMCAST CORPORATION have read the foregoing responsive pleading. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED l Zr 6 CERTIFICATE OF SERVICE I, Christine Tartamella, Esquire, hereby certify that a true and correct copy of the foregoing ANSWER WITH NEW MATTER was served upon counsel of record by U.S. mail, postage prepaid, this 12th day of December 2014, as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates PO Box 505 New Hope, PA 18938 Counsel for Plaintiffs PPL ELECTRIC UTILITIES CORPORATION PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. By Christine Tartamella, Esquire Counsel for Defendant, COMCAST CORPORATION HARVEY, PENNINGTON LTD. BY: ERNEST J. BERNABEI, III IDENTIFICATION NO.: 46359 1800 JOHN F. KENNEDY BLVD. SUITE 1300 PHILADELPHIA, PA 19103 (215) 563-4470 ATTORNEYS FOR DEFENDANT, VERIZON PENNSYLVANIA LLC PPL ELECTRIC UTILITIES CORPORATION Plaintiff v. VERIZON PENNSYLVANIA, INC., et al. Defendants I0 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 14-6610 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY Kindly enter my appearance on behalf of Defendant, Verizon Pennsylvania LLC, in the above matter. HARVEY, PENNINGTON LTD. BY: 00058238 ERNESTJAERNABEI, III Attorney for Defendant, Verizon Pennsylvania LLC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance on behalf of Defendant, Verizon Pennsylvania LLC, has been served by United States First Class Mail, on December 15, 2014, upon: Anthony P. Krzywicki, Esquire Krzywicki & Associates, P.C. P. O. Box 505 New Hope, PA 18938 Nigel E. Bullen 24308 131st Avenue Rosedale, NY 11422 Ryder Truck Rental, Inc. 11690 NW 105th Street Miami, FL 33178 Blackwater Logistics, Inc. 145 Hook Creek Boulevard Building B6D Valley Stream, NY 11581 Comcast Corporation 4601 Smith Street Harrisburg, PA 17109 ERNEST J. BERNABEI, III 00058238 r r KRZYWICKI & ASSOCIATES, P.C. By: 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, Civil Action - In Law Plaintiff, No. 14-6610 Civil Term vs. ARBITRATION NIGEL E. BULLEN, RYDER TRUCK RENTAL INC., BLACKWATER LOGISTICS, INC., VERIZON PENNSYLVANIA LLC and COMCAST CORPORATION, Defendants. PLAINTIFF, PPL ELECTRIC UTILITIES CORPORATION, ANSWER TO DEFENDANT, COMCAST CORPORATION'S, NEW MATTER 34. Denied as a conclusion of law to which no answer is deemed required. 35. Denied. To the extent the allegations are factual averments and not New Matter to which no answer is required. 36. Denied. To the extent the allegations are factual averments and not New Matter to which no answer is required. 37. Denied as a conclusion of law to which no answer is deemed required. 38. Denied. To the extent the allegations are factual averments and not New Matter to which no answer is required. 39. Denied as a conclusion of law to which no answer is deemed required. 40. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, Plaintiff, PPL Electric Utilities Corporation, requests Judgment to be entered in its favor and against Defendants together with any other relief the Court deems appropriate. PLAINTIFF, PPL ELECTRIC UTILITIES CORPORATION, ANSWER TO DEFENDANT, COMCAST CORPORATION'S, CROSS-CLAIM 26. The averments of these paragraphs are directed to other parties and, accordingly, no response is required. WHEREFORE, Plaintiff, PPL Electric Utilities Corporation, requests Judgment to be entered in its favor and against Defendants together with any other relief the Court deems appropriate. Dated: December 19, 2014 BY: KRZYWIC ASS CIATES, P.0 . Krzywi rney for PI 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. Arm. § 4904 relating to unsworn falsification to authorities. Dated: December 19, 2014 BY: CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to delivery, via first class mail, to the following: Christine Tartamella, Esquire Pion, Nerone, Girman, Winslow, & Smith, P.0 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Attorney for Defendant, Comcast Corporation Ernest J. Bernabei, III, Esquire 1800 John F. Kennedy Boulevard, Suite 1300 Philadelphia, PA Attorney for Defendant, Verizon Pennsylvania LLC Dated: December 19, 2014 BY: