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Home My WebLink About06-3627 . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action. In Law No. 0(. - 3~ vs. JEAN ANN CAPELLO and JOHN ANTHONY CAPELLO, ARBITRATION Defendants. COMPLAIN'!' lOOO!ICB 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 1fARHBI) TllAT II!' YOO I!'AJ:L TO DO SO TIm CASJ: laY PROCKID WZTHOUT 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 Al'POllD ON!!: , GO TO OR TBLBPHON!!: TD OFFICE SET PORTH BELOW TO FIND OU'!' WHERE YOU CAN GET LEGAL DLP. CUMBBRLAND COVN'l'Y BAR ASSOCIATION 2 LIBEllTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 c;o~L 19A-rt , IN TIffi COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 0 l.. - 3 (. .} 7 (! ;u'. L t- ~~ vs. JEAN ANN CAPELLO and JOHN ANTIlONY CAPELLO, ARBITRATION Defendants. COMPLAINT 1. 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, Pennsylvania, 18101. 3. Defendant, JEAN ANN CAPELLO, is an adult individual residing at 1515 Slate Hill Road, Camp Hill, Pennsylvania, 17011. 4. Defendant, JOHN ANTIIONY CAPELLO is an adult individual residing at 1515 Slate Hill Road, Camp Hill, Pennsylvania, 17011. , COUNT I NEGLIGENCE PER SE .PPL ELECTRIC UTILITIES CORP. VS. JEAN A. CAPELLO and JOHN A. CAPELLO 5. The allegations contained in Paragraphs 1 through 4 above are incorporated by reference as if fully set forth. 6. 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. 7. Defendants violated the Underground Utility Line Protection Law, Act 187 of 1996 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's underground utility lines. c) did not report to PPL ELECTRIC UffiITIES 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 identify location of the utility line. 8. Defendants' employee, agent, representative and contractor, struck and damaged an electrical service line owned and operated by PPL ELECTRIC UffiITIES CORP. at the vicinity of 1515 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania, on or about July 16,2004. 9. Defendants' employees, agents, representatives and contractors, struck and damaged Plaintiff's underground electrical service line twice in the same day. 10. Defendants' actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 11. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused to pay Plaintiff. 12. Plaintiff has been damaged in the amount of$3,987.35, including costs and attorneys' fees. WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in the amount of $3,987.35, together with costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT n COMMON LAW TORT PPL ELECTRIC UTILITIES CORP. VS. JEAN A. CAPELLO and JOHN A. CAPELLO 13. The allegations contained in Paragraphs 1 through 12 above are incorporated by reference as if fully set forth. 14. Plaintiff used standard industry markings to identify the location of its active- underground utility line prior to July 16, 2006. 15. Defendants' employees, agents, representatives or contractors, were digging with a backhoe to insta1l geothermal pipe on the private property of Defendants when they dug into an electrical service line twice in the same day and damaged PP&L's underground service line. 16. Defendants did not exercise due care and did not take all reasonable steps to avoid damage to the active underground 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's underground utility lines; c) did not report to PPL ELECTRIC UTILITIES CORP. when underground utility lines were damaged; d) did not hand dig to locate the underground utility line; e) did not hand dig a test hole to identify location of the utility line; and f) did not place a call to Call One system prior to excavating thereby risking a catastrophe, COUNT m PPL ELECTRIC UTILITIES CORP. VS. JEAN A. CAPELLO and JOHN A. CAPELLO 17. Paragraphs 1 through 16 are incorporated as referenced as if fully set forth herein. 18. Defendants JEAN ANN CAPELLO and JOHN ANTIlONY. CAPELLO are vicariously liable for the actions of their employees, agents, representatives and contractors. WHEREFORE, PlaintitTPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount 0[$3,987.35, together with pre-judgment and post-judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES DATED: June 20, 2006 . ~ VERIFICATION Pursuant to Rule 1024 (c), 1, ANTHONY P. KRZYWICKI, ESQ., 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. Conso!. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Dated: June 20, 2006 "XJ \ (j f. lQ c.~ ;>) '-:.; C) v-, '.:/.... ~'11 :-< ~ .F ........ r.l :"TJ ;""-~- -~ ~ ..... "? (P, -i'ru 8 G' ' )(i. ""() " c. - .) f' , 'J::F; - - J::: . (,.., w ~ (~':) :,)1"1; -.0 en ::',;'-1 ,,"-'"' \D ...0 r--- -< 2 r-- ~ SHERIFF'S RETURN - REGULAR " CASE NO: 2006-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS CAPELLO JEAN ANN ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAPELLO JEAN ANN the DEFENDANT , at 2045:00 HOURS, on the 28th day of June , 2006 at 1515 SLATE HILL ROAD CAMP HILL, PA 17011 by handing to JOHN CAPELLO, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~~:~~ ~~~ .00 10.00 R. Thomas Kline .00 39.44/"06/29/2006 Cftu 7. :1.(..1.)(, KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: ~.~v~~- ~ Deputy Sheriff before me this day of A.D. - SHERIFF'S RETURN - REGULAR '. CASE NO: 2006-03627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS CAPELLO JEAN ANN ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAPELLO JOHN ANTHONY the DEFENDANT , at 2045:00 HOURS, on the 28th day of June , 2006 at 1515 SLATE HILL ROAD CAMP HILL, PA 17011 by handing to JOHN CAPELLO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. 0..- Sworn and Subscibed to 6.00 .00 .00 10.00 .00 16.001/" r(/UI6~ So Answers: ~7 1 ",<r;:X ~ " b-"'"/,,/.,..,A r ,. ~<i!.: /,,--'-;A;.----- R. Thomas Kline Sheriff's Costs: Docketing Service Affidavit Surcharge 06/29/2006 KRZYWICKI & ASSOCIATES By: ~V&~ ~ eputy Sheriff before me this day of A.D. KRZYWICKI & ASSOCIATES Anthony P Krzywicki, Esquire Po. Box 505 New Hope, PA. 18938 (215)862-4390 Attorney for Plaintiff Attorney ID. 23754/26852 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------------------------)( PPL Electric Utilities Corp. Plaintiff Civil Action No. 06-3627 Civil Term vs. Jean Ann Capello and John Anthony Capello, Defendant ------------------------------------------------------------------------)( PRAECIPE TO SETTLE, DISCONTI~, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendant, Jean Ann Capello and John Anthony Capello wi thout prej udice, upon payment of your cost only. KRZYWICK~ BY: DATED: October 16, 2006 r-.:> = c::> CT" <<:::1 f"T1 CJ 1 tJ. o "T1 ~ j11:rJ I -t,m JJq ':::{6 ~~~ 3j ^-~O Orn .--1 .:> :u -< :t:>> :i: f'0 o