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Home My WebLink About06-1657 . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------)( PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. Ck - J/.,S7 ARBITRA nON vs. MICHAEL MILLENDER, TAILWIND COMMUNICATIONS, INC., Defendants. ------------------------------------------------------)(. COMPLAINT i.iur;iT 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) day~ after thi~ 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 ~D THAT IF YOU FAIL TO DO SO TIlE 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 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 C;u~LYD2-~ .. . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA -----------------------------------------------------)( PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law '---r-- No. ot... - /(,!J-1 C~~ L I ~ ARBITRA nON vs. MICHAEL MILLENDER, TAILWIND COMMUNICATIONS, INC., Defendants. ------------------------------------------------------)(. COMPLAINT ] . This is an action by Plaintift; PPL ELECTRIC UTILITIES CORP. to recover damages from Detendant arising out of damage to property owned by PPL ELECTRIC UTILITIES CORP. 2. PPL ELECTRIC UTILITIES CORP. 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, PA ]8101. 3. Defendant MICHAEL MILLENDER is an adult individual residing at ] 2144 Creagerstown Road, Apt. C, Thurmont, MD. 21788. 4. Defendant, TAILWIND COMMUNICATIONS, INe. is a Pennsylvania corporation doing business at 2509 Gettysburg Road, Camp Hill, P A., J 70 I J. 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 I NEGLIGENCE PER SE 6. The allegations contained in Paragraphs I through 5 above are incorporated by reference as if fully set forth. 7. Detendants violated the Underground Utility Line Protection Law, Act 187 of 1996 in that it: 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 report to PPL ELECTRIC UTILITIES CORP. when utility lines were damaged. d) did not hand dig to locate the utility line when Defendant determined that the markings were not clear. e) did not hand dig a test hole to identity location of the utility line. 8. Detendants struck and damaged a service line owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of29 Kelly Drive, Silver Springs Township, Mechanicsburg, Cumberland County, PA., on or about April 19, 2004. 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 made demand on Detimdant to repay the sums then due and owing to Plaintifl.; but Detimdants have refused to pay PlaintiiI J I. Plaintiff has been damaged in the amount of $2,446.03 , including costs and attorneys fees. WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in the amount of $2,446.03, together with costs, prejudgment and post judgmenl interest, punitive damages and delay damages as the law may allow. COUNT n COMMON LAW TORT 12. The allegations contained in Paragraphs 1 through 11 Bbove are incorporated by reference as if fully set forth. 13. Plaintitr used standard industry markings to identifY the location of its active- underground utility line prior to April 19, 2004. 15. Defendant's contractor, while boring under a double driveway to replace cable TV, damaged PP&L's service line with a boring machine. 16. Defendants did not exercise due care and did not take all reasonable steps to avoid damage to the active utility line owned by PP&L in that they: 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 Plaintiff underground utility lines; c) did not report to PPL ELECTRIC UTILITIES CORP. when utility lines were damaged; d) did not hand dig to locate the utility line when Defendant determined that the markings were not clear; and e) did not hand dig a test hole to identifY location of the utility line. WHEREFORE, PlaintiffPPL ELECTRlC UTILITIES CORP. demands judgment against the Dettmdant in the amount of $2,446.03, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the Jaw may allow. Respectfully submitted, KRZYWICKI & ASSOCIA TES By: t . Kr icki, Esq. . Box 505 New Hope, PA 18938 215-862-4390 Attorney tor Plaintiff Attorney J.D. 23754 DATED: March 6, 2006 VERIFICA TlON Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verifY that I am the attorney for Plaintiff in the within case; that the appropriate officers ofthe Plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sutticiently familiar with the facts set forth in the foregoing Pleading to take this veritication; 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. !i 4904 relating to unsworn falsification to authorities. Dated: March 6, 2006 ~ r-' <'J n .....:::~) ~ <:; <:---:::J .1 0 ;::J ~ ,;..,'~ .-4 ::1ll: ~:r:-n ll0J f U\ :r"~ \ \ \ f-:~':;. :;.:i ,-.) '-\1,1,'__; U( N ~ ~ "- \\' -r::-} " -" If< ~ GoO -.f) r=- ~n --- 0 c-' D +-- +--- r KRZYWICKi & ASSOCIATES Anthony 1'. Krzywicki, Esquire p. 0. Box 5()5 New Hope. j';I ,Vi8 (2I5)862-4.!')() Attorney/hI' l'iai11lUI Attorney I.D 23754/26852 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA -----------------------------------------------------------J( PPL ELECTRIC' ITlLITIES CORP., Plaintiff Civil Action No. 06-1657-CIVIL TERM VS. ARBITRATION MICHAEL MILLENDER, TAILWIND COMMUNICATIONS, INC. Defendants. ----------------------------------------------------------J( PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against Michael Millender and Tailwind Communications, Inc., with prejudice, upon payment of your cost only. KRZYWICKI SSOCIATES BY: sq. DATED: ;,pril 28, 2006 ~i] ;~\'; n"-~ \" "j -. o c.;; ....., = c.::::> Ci'" o -n ..... :r;-r, rf1C -(0 CC'\ ~", \~.~ , '- c: :;;::. - 0' q? ,,,:; -' -:,,,::..,..\ --~(. ,-., '-::,', J)S :...:: SHERIFF'S RETURN - REGULAR CASE NO: 2006-01657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS MILLENDER MICHAEL ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAILWIND COMMUNICATIONS INC the DEFENDANT , at 1113:00 HOURS, on the 29th day of March , 2006 at 2509 GETTYSBURG ROAD CAMP HILL, PA 17011 by handing to ANGELA LLOYD, ADMIN SUPERVISOR ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: i~:~g r~~ .00 10.00 R. Thomas Kline . OO:\.~ 40. 320\, 03/30/2006 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ~ me this "" /1 - day of ty Sheriff fVc~ Lo-oL. A.D. Prothonotary