CABOT OIL & GAS CORPORATION : IN THE COURT OF COMMON PLEAS

v. : SUSQUEHANNA COUNTY, PA

VERA SCROGGINS : NO. 2013- 1303 CP

OPINION

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Plaintiff, Cabot Oil & Gas Corporation (Cabot), has sought a preliminary injunction

against Defendant, Vera Scroggins.

Cabot is the leaseholder of a number of oil and gas leases in Susquehanna County. For

some time now, Cabot and/or its wholly owned subsidiary, GasSearch Drilling Services Corp.

(GDS), have engaged in drilling wells for natural gas production in Susquehanna County, said

activities having been permitted by the proper agencies of the Commonwealth of Pennsylvania.

During the course of well pad preparation, drilling, fracking and production activities of

the Plaintiffs, Cabot and GDS, Defendant, Vera Scroggins, has engaged in activities which

generally fall under the generic term of trespassing upon the various well sites of Cabot and

GDS causing legitimate concerns for the safety of various workers upon the well sites and

access roads leading to and from the well sites.

Additionally, Cabot and GDS have legitimate concerns for the safety of Defendant Vera

Scroggins who has entered, without permission from Cabot and/or GDS, onto the premises

controlled by them with no required protective clothing.

Further, Defendant Scroggins' Irespassing" activities further concern Cabot and GDS

as impinging upon their ability to perform their permitted activities.

Upon the representation of her legal counsel, Defendant Scroggins has been granted in

forma pauperis status, he claiming she is indigent and unable to pay for filing fees and

transcripts fees, etc.

We note there are six essential prerequisites to the granting of preliminary injunctive

relief. Warehime v. Warehime, 580 PA 201, 860 A2d 41 (2004).

We find the preliminary injunction is necessary to prevent immediate and irreparable

harm that cannot be adequately compensated by damages. We note that because of the nature of

well site preparation and drilling, heavy machinery is involved. Workers must always be aware

for their own personal safety as well as the safety of others upon the site upon which they are

working. A common trespasser would only add to the dangers upon the work site which have a

distinct probability in causing injury and/or death to workers and others upon the well sites,

including trespassers.

We further note, as we have stated, that Defendant Scroggins claims to be indigent.

Hence, there could be no reasonable expectation of her adequately compensating Cabot, GDS

and/or workers or their families for harm for which she may have been a legal cause.

Greater injury would result from refusing an injunction than granting it. Defendant

Scroggins, by our injunction, will still have plenty of geographical space in which to protest. Other interested parties, not named and not being required by this court to be named, are

landholders who have entered into leases now held by Cabot Oil and Gas Corporation. They

benefit by this limited injunction in not having their possible liability increased by Defendant Scroggins' unconsented to intrusion upon their lands.

The preliminary injunction restores the parties, Cabot and Vera Scroggins, to their status

immediately prior to the alleged wrongful conduct of Defendant Scroggins.

We find the activity to be restrained is actionable, it constituting entry upon Cabot's

owned realty without permission and also upon well pads and access roads under Cabot's

control without permission. Such unpertnitted entry is generally construed as trespass upon

others' premises.

The wrongful conduct of unpermitted entry by Defendant Scroggins is manifest - well

documented. As such, we find that Cabot is likely to prevail on the merits of this case.

The amended preliminary injunction is reasonably suited to abate Defendant Vera

Scroggins' offending activity, that is, her unlawful entry upon Cabot and/or GDS realty and her

unlawful entry upon well pads and access roads controlled by Cabot and/or GDS.

The granting of the amended preliminary injunction will not adversely affect the public

interest. To the contrary, workers upon Cabot's/GDS's well pads and access roads will have a

safer workplace in that they will not have to look out for the safety of Defendant Vera

Scroggins as she will not be committing actions in the form of unlawful entry which generally

constitute trespass. Vera Scroggins' own safety will be less compromised and in peril if she is

not on these well pads and access roads upon which heavy machinery is operating. Landowners

who have leases with Cabot will better have their private property rights maintained if the

amended preliminary injunction is granted. Lastly, the motoring public traveling in the areas of

the Cabot/GDS well pads and access roads will be safer if Defendant Scroggins is not

obstructing the access roads and/or public roads in the area.

CABOT OIL & GAS CORPORATION : IN THE COURT OF COMMON PLEAS

v. : SUSQUEHANNA COUNTY, PA

VERA SCROGGINS : NO. 2013- 1303 CP

ORDER

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C. NOW TO WIT, this 27th day of March, 2014, after argument held, in order to ensure the

safety of the employees of Plaintiff, Cabot Oil & Gas Corporation, the employees of its

subsidiary, GasSearch Drilling Corp. (GDS), other persons permitted upon any premises owned

by the Plaintiff, Cabot Oil & Gas Corporation or GDS, and the safety of Defendant, Vera

Scroggins, it is ordered that Defendant Vera Scroggins is restrained, enjoined and prohibited

from entering, or causing others to enter, upon premises presently and in the future owned by

Cabot Oil & Gas Corporation and/or GasSearch Drilling Services Corp. (GDS), a wholly-

owned subsidiary of Cabot Oil & Gas Corporation, the addresses of which are attached hereto

as Exhibit A. Cabot Oil & Gas Corporation and GDS shall be responsible for keeping a like list

current by sending changes, if any, to her legal counsel of record who shall pass such changes

onto Defendant, Vera Scroggins

Defendant, Vera Scroggins, is further restrained, enjoined and prohibited from entering

upon well pads in Susquehanna County on which Cabot Oil & Gas Corporation and/or GDS are

conducting any surface operations whatsoever or is/are maintaining a well in production.

Operations include but are not limited to well pad construction, drilling and related operations,

completion operations and well pad locations with active well(s) or production machinery or

facilities thereon. Cabot Oil & Gas Corporation and/or GDS shall keep such well pad locations

marked by signage at their access roads' entrances thereto indicating " No Trespassing" and

signs restricting access to authorized personnel only.

It is further Ordered that Defendant Vera Scroggins is restrained, enjoined and

prohibited from entering upon any access roads to well pads in operation or production,

maintained, and/or reclaimed by Cabot Oil and Gas Corporation and/or GDS, upon the well

pad(s) and within one hundred (100') feet of such well pad(s). Defendant Vera Scroggins is not

by virtue of this provision prohibited from traveling upon public roads but shall not stop or

remain present upon the public highway and/or rights-of-way adjacent thereto within one

hundred feet (100') on each side of the entry to access roads owned, leased and/or maintained

by Cabot Oil & Gas Corporation and/or GDS for access to its well pads in operation and/or

production activities except for bona fide emergencies. Defendant, Vera Scroggins, shall not

obstruct traffic entering and/or leaving by said access roads. We further note that certain

prohibitions exist as to parking or leaving unattended vehicles upon private property as stated at

75 Pa.C.S.A.3353(a) or (b)(1). Additionally, we note that unattended vehicles obstructing

traffic may be removed or caused to be removed as stated at 75 Pa.C.S.A.3352(b).

It is further ordered that Defendant, Vera Scroggins, is restrained, enjoined, and

prohibited from coming in physical contact with Cabot Oil & Gas Corporation and/or GDS

owned equipment, vehicles or structures in Susquehanna County, Pennsylvania.

Defendant Vera Scroggins is restrained, enjoined and prohibited from causing others to

KENNETH W. SEAMANS, P.J.

engage in activities prohibited by this order, as it relates to her.

This Modified Preliminary Injunction shall go into effect immediately upon issuance,

and supercedes a previous injunction entered in this case on October 17, 2013, and continued

on October 21, 2013.

Violation of this Order may subject the alleged violator to possible civil contempt

proceedings, and, if found to be in wilful civil contempt, to be subject to possible Imes,

assessment of attorney fees, and/or incarceration in a proper case.

BY THE COURT,

EXHIBIT A

As of March 24, 2014, the following properties, located in Susquehanna County, Pennsylvania, are owned by Cabot Oil & Gas Corporation and/or GasSearch Drilling Services Corporation:

8279 Route 29 South, Montrose PA 18801 979 Phillips Road, Springville Township, 18801 10994 SR 3023, Montrose PA 18801 7115 SR 29, Springville PA, 18844/7111 SR 29, Springville PA, 18844 1147 Phillips Road, Springville, PA 18844 6100 SR 29, Montrose PA 224 Exchange Street, Susquehanna PA 18847 403 River Lake, Susquehanna, PA 18847 914 Hunter Highway, Tunkhannock, PA 18657 64 Maloney Hill Road, Nicholson PA 18446 121 Wilson Road, Meshoppen, PA 18630 13911 Strickland Road, Springville PA 18844

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