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Home My WebLink About06-1658 ~ IN THE COUnT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------)( PPL ELECTRIC UTILITIES CORP, Plaintiff, Civil Action - In Law No, 0(." - JI." S:P vs, ARBITRA nON TAILWIND COMMUNICATIONS, INC" MICHAEL MILLENDER, Defendants. ------------------------------------------------------)(. COMPLAINT I~UT 1,_~1. You have been 5ued 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 thi5 complaint and notice are ~erved, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the cldims set forth against you. You are ~D 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 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 CI'u~l ~8<-~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA -----------------------------------------------------)( PPL ELECTRIC UTILITIES CORP" Plaintiff; Civil Action - In Law _ No. 0(,- j{~ S f ~. IoU-- vs. TAILWIND COMMUNICA nONS, INC., MICHAEL MILLENDER, ARBITRA nON Defendants, ------------------------------------------------------)(. COMPLAINT I. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant 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 18101. 3, Defendant, TAILWIND COMMUNICATIONS, INC. is a Pennsylvania corporation doing business at 2509 Gettysburg Road, Camp Hill, P A., 17011. 4. Detimdant MICHAEL MILLENDER is an adult individual residing at 12144 Creagerstown Road, Apt. C, Thurmont, MD, 21788, 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 Plaintiff's 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, Detimdants 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 ofthe utility line 8, Detendants struck and damaged a service line owned and operated by PPL ELECTRIC UTILITIES CORP. at the vicinity of Macintosh Way and Indian Run Drive, Derry Township, Dauphin County, Hummelstown, PA., on or about April 16, 2004, 9, Defendant's actions or inaction as set torth above are the proximate cause of the damages as set for above and herein. 10, Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff; but Detimdants have refused to pay Plaintiff, II. Plaintiff has been damaged in the amount of $9,602.23, including costs and attorneys fees, WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP, dlemands judgment against the Defendants in the amount of$9,602,23, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow, COUNT II 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 active- underground utility line prior to April 16, 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 Plaintifi' 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 marldngs were not clear; and ., e) did not hand dig a test hole to identiJY location of the utility line, WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP, demands judgment against the Defendant in the amount of $9,602.23, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow, Respectfully submitted, By: ASSOCIA TES DATED: March 3, 2006 y ,Kr P 80 ew Hope, P A 18938 2J 5-862-4390 Attorney for Plaintiff Attorney I.D 23754 VERIFICATION Pursuant to Rule 1024 (c), I, Anthony P. Krzywicki, Esq., verify that I am the attorney tor Plaintiff; in the within case; that the appropriate officers of the plaintiff' are not available within the time for serving the toregoing to provide their veritlcation; that I am sutliciently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such tacts 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. Conso!. Stat. Ann. ~ 4904 relating to unsworn falsitication to authorities. Dated: March 3, 2006 - () ..u:J.. P ~ (Jl. ~ If\ U( - .- V ...:::r. \.n Vl --eJ -ZI .......) r --- u T) -+- ~- .,.." (~~:? C',;) !:J" -";. ~; ~~~(~ "J'.,j ------ r.j I'-' -'('\ -;, C,~'t ~,~' '. \ .~ ,- ~~ , .c ~ ~.rn ~:. "_.", (~...? (p ..-------------.-."""--.. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS TAILWIND COMMUNICATIONS 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: 18.00 12.36 ~r'/ ~.v.A?' r ~"~,,,.....<, ~ .00 _ 10.00 R. Thomas Kline .00 40.36~03/30/2006 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: .~ ~y Sheriff 1'1 <<: me this _- day of ~ ,;I1rV~ A.D. Prothonotary KRZYWICKI & ASSOCIATES Anthony p, Krzywicki, Esquire p,o. Box 505 New Hope, PA, 18938 (215)862-4390 Attorney for Plaintiff Attorney ID, 23754/26852 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA -----------------------------------------------------------J( PPL ELECTRIC UTILITIES CORP., Plaintiff Civil Action No. 06-1 658-CV vs. TAILWIND COMMUNICATIONS, INC. Defendant MICHAEL MILLENDER Defendant ----------------------------------------------------------J( PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against Tailwind Communications, Inc. and Michael Millender with prejudice, upon payment of your cost only. BY: ASSOCIATES DATED: July 6, 2006 (::::.:: ",,) ;.~,.J c,'-