Finelyville Resident Lawsuit

COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL ACTION LAW

GARY BAUMGARDNER, GEORGANN ) BAUMGARDNER, RACHEL CECCHINI, ) CIVIL DIVISION ANTONY CECCHINI, MIECZYSLAW ) MICKEY GNIADEK, SABINE GNIADEK, ) CASE No.: and GEORGE SIMMONS, ) ) HON. JUDGE: Plaintiffs, ) ) Type of Pleading: v. ) ) COMPLAINT CHESAPEAKE APPALACHIA, LLC; ) EQT PRODUCTION COMPANY; EQT ) Filed on Behalf of: MIDSTREAM SERVICES, LLC; ) Plaintiffs TRAX FARMS, INC.; MATT AURILIO and ) MASON DIXON ENERGY, LLC, ) Counsel of Record: ) Defendants. ) Peter Britton Bieri, Esq. ) Pa. I.D. No. 314960 ) ) SPEER LAW FIRM, PA ) 104 W. 9th Street, Suite 400 ) Kansas City, MO 64105 ) Phone: (816) 472-3560 ) Fax: (816) 421-2150 ) ) Edward Ciarimboli ) PA Bar No. 85904 ) Clancy Boylan ) PA Bar No. 314117 ) ) FELLERMAN & CIARIMBOLI ) 183 Market St, Ste 200 ) Kingston, PA 18704 ) Phone: (570) 714-4878 ) Fax: (570) 714-7255 SERVICE INFORMATION: CHESAPEAKE APPALACHIA, LLC c/o C T Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101

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EQT PRODUCTION COMPANY c/o C T Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101

EQT MIDSTREAM SERVICES, LLC c/o C T Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101

TRAX FARMS, INC. c/o Registered Agent 528 Trax Rd Finleyville, Washington County, PA 15332-9801 MASON DIXON ENERGY, LLC c/o Capitol Corporate Services, Inc. 600 N. Second St Harrisburg, PA 17101 MATT A/K/A MATTHEW AURILIO 29 Natchez Street Pittsburgh, PA 15211-1903

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COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL ACTION LAW

GARY BAUMGARDNER, GEORGANN ) BAUMGARDNER, RACHEL CECCHINI, ) ANTONY CECCHINI, MIECZYSLAW ) MICKEY GNIADEK, SABINE GNIADEK, ) CASE No.: and GEORGE SIMMONS, ) ) Plaintiffs, ) ) JURY TRIAL DEMANDED v. ) ) CHESAPEAKE APPALACHIA, LLC; ) EQT PRODUCTION COMPANY; EQT ) MIDSTREAM SERVICES, LLC; ) TRAX FARMS, INC; MATT AURILIO; and ) MASON DIXON ENERGY, LLC, ) ) Defendants. )

COMPLAINT

COME NOW, Plaintiffs Gary Baumgardner, Georgann Baumgardner, Rachel Cecchini,

Antony Cecchini, Mieczyslaw Mickey Gniadek, Sabine Gniadek, and George Simmons,

(hereinafter sometimes collectively referred to as Plaintiffs) by and through counsel, for their

cause of action against Defendants Chesapeake Appalachia, L.L.C.; EQT Production Company;

EQT Midstream Services, LLC; Matt a/k/a Matthew Aurilio, and Trax Farms, Inc. (hereinafter

sometimes referred to collectively as Defendants) state and allege as follows:

NATURE OF THE CASE

This is an action by residents and/or owners of property in Washington County, 1.

Pennsylvania for damages arising from Defendants oil and/or natural gas drilling, exploration,

extraction, pipeline construction, transportation, and related acts and/or omissions described

more fully below.

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Plaintiffs, Plaintiffs homes, Plaintiffs properties, and Plaintiffs quality of life 2.

have all been, and continue to be injured, damaged, and negatively impacted by Defendants acts

and/or omissions described herein, and Plaintiffs are no longer able to enjoy their lives, and use

and enjoy their homes and properties in the way they previously enjoyed prior to Defendants

acts and/or omissions, and Plaintiffs and Plaintiffs properties have otherwise been damaged.

Additionally, Plaintiffs were fraudulently or unconscionably misled or coerced 3.

into leasing their gas rights to Defendant Chesapeake Appalachia,.

PARTIES

Plaintiffs Gary and Georgann Baumgardner, (hereinafter referred to as 4.

Baumgardners) are individuals who own and reside at 47 Cardox Road, Finleyville,

Pennsylvania, located in Union Township, Washington County.

Plaintiffs Antony and Rachel Cecchini, (hereinafter referred to as Cecchinis) 5.

are individuals who formerly resided at 53 Cardox Road, Finleyville, Pennsylvania, located in

Union Township, Washington County.

Plaintiffs Mieczyslaw Mickey and Sabine Gniadek, (hereinafter referred to as 6.

Gnaideks) are individuals who own and reside at 20 Cardox Road, Finleyville, Pennsylvania,

located in Union Township, Washington County.

Plaintiff George Simmons is an individual who owns and resides at 53 Cardox 7.

Road, Finleyville, Pennsylvania, located in Union Township, Washington County.

Defendant Chesapeake Appalachia, LLC (hereinafter referred to as 8.

Chesapeake) is a Foreign Limited Liability Company authorized to conduct business within

the Commonwealth of Pennsylvania and a subsidiary of Chesapeake Energy Corporation, an

Oklahoma Corporation with its primary place of business located in Oklahoma City, Oklahoma.

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Defendant Mason Dixon Energy, LLC (hereinafter referred to as Mason Dixon 9.

Energy) is a Delaware Limited Liability Company, licensed to do business in the state of

Pennsylvania

Defendant Matt a/k/a Matthew Aurilio (hereinafter referred to as Matt Aurilio) 10.

is or was an employee of Mason Dixon Energy, LLC and acted as an agent of Chesapeake,

employed or contracted to procure leases or other arrangements to facilitate the operations of

Defendants at issue in this action.

Defendant EQT Production Company (hereinafter referred to as EQT) is a 11.

Pennsylvania Corporation with its primary place of business at 625 Liberty Avenue, Suite 1700

Pittsburgh, Pennsylvania, Allegheny County.

Defendant EQT Midstream Services, LLC (hereinafter referred to as EQT 12.

Midstream) is a Pennsylvania Limited Liability Company with its primary place of business at

625 Liberty Avenue, Suite 1700 Pittsburgh, Pennsylvania, Allegheny County.

Defendant Trax Farms, Inc. (hereinafter referred to as Trax Farms) is a 13.

Pennsylvania Corporation with its primary place of business and registered office at 528 Trax

Rd., Finleyville, Pennsylvania in Washington County.

Defendant Trax Farms is the landowner on whose property the wells and pipelines 14.

at issue are located.

JURISDICTION AND VENUE

Jurisdiction and venue are proper in the Circuit Court of Allegheny County 15.

because at least one Defendant has its registered office, and/or principal place of business, and/or

regularly conducts business within Allegheny County, the harms complained of occurred in the

Commonwealth of Pennsylvania and the Plaintiffs claims arise under Pennsylvania law.

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GENERAL ALLEGATIONS

Plaintiffs all have possessory interests in property in Washington County, 16.

Pennsylvania.

Since living in Washington County, the Plaintiffs had come to expect and enjoy 17.

the quiet, fresh air, fresh water, privacy, darkness of night, and overall peacefulness of the area.

As a result of the Defendants natural gas exploration, extraction, and related 18.

activities in close proximity to Plaintiffs properties, Plaintiffs have suffered and continue to

suffer significant damages for which they are entitled to compensation.

Prior to Defendants activities described herein, Plaintiffs had not experienced 19.

any problems with air quality, emissions, noises, odors or any other environmental issues

impacting the peaceful habitation of their properties.

Upon reasonable belief, Defendants Chesapeake, EQT, and EQT Midstream are 20.

natural gas exploration, drilling, extraction, gathering and processing companies, well site

operators, or otherwise affiliated with or conduct activities in connection with, and/or in support

of the natural gas industry, including but not limited to exploring, designing, constructing,

contracting, licensing, supplying, manufacturing, erecting, assembling, leasing, authorizing,

drilling, fracking, extracting, operating, supervising, and/or managing personnel, equipment,

vehicles, and/or machinery used in natural gas drilling, completions, transportation, and

production (hereinafter referred to as Natural Gas Activities).

Upon reasonable belief, in 2010 Defendants Chesapeake, Mason Dixon Energy, 21.

and Matt Aurilio approached the Baumgardners and Gniadeks at their homes regarding leasing

the mineral rights located under the properties identified above to Chesapeake.

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Upon reasonable belief, when Matt Aurilio approached the Baumgardners and 22.

Gniadeks, Defendant Matt Aurilio made multiple misrepresentations about the nature and extent

of the leases for Plaintiffs mineral rights.

Upon reasonable belief, Defendant Matt Aurilio stated to the Baumgardners and 23.

Gniadeks that they wouldnt even know were here.

Upon reasonable belief, Defendant Matt Aurilio stated to Plaintiffs that if 24.

Plaintiffs did not lease their rights to Chesapeake, Chesapeake would simply take the gas anyway

without Plaintiffs having any recourse.

In particular, Defendant Matt Aurilio made misleading statements about the effect 25.

of the arbitration clause, stating to at least one set of Plaintiffs, the Baumgardners, that the clause

would never be an issue because any operations would be 2,000 feet underground.

The actions of Matt Aurilio in misleading the Baumgardners and Gniadeks on 26.

behalf and for the benefit of Chesapeake are simply another example of the rampant fraud

perpetrated by that company at the expense of Pennsylvania landowners.

As outlined in a March 13, 2014 article published by ProPublica entitled 27.

Chesapeake Energys $5 Billion Shuffle1, Chesapeake, along with others, concocted and

implemented an elaborate scheme of deceit to impose inflated deductions on royalty payments,

defraud rural lessors, like Plaintiffs, out of billions of dollars, and hide its financial troubles from

investors and regulators.

Even former Pennsylvania Governor Tom Corbett has expressed concerns about 28.

the lack of transparency and rampant misdirection employed by Chesapeake, stating in a letter to

the chairman of the Bradford County Board of Commissioners, Doug McLinko, that [our efforts

1 A copy of the full story is available at http://www.propublica.org/article/chesapeake-energys-5-billion-shuffle

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to receive straightforward answers from [from Chesapeake] have led to even more

confusion.2

Concerns over Chesapeakes efforts to defraud Pennsylvania landowners have 29.

been so pervasive as to lead Former Governor Corbett to urge the Attorney General to examine

the issue.3

In or around October 2013, Defendant Chesapeake began drilling wells on the 30.

property owned by Defendant Trax Farms and Plaintiffs became acutely aware that the

assurances made by Defendants Matt Aurilio and Chesapeake were patently false and that they

had essentially been sold a false bill of goods.

Plaintiffs properties are all in very close proximity to Defendants oil and/or 31.

natural gas drilling, exploration, extraction, transportation, and related activities.

Plaintiffs properties are all within approximately 485 and 920 feet from the well 32.

pad located on the property owned by Defendant Trax Farms and reasonably believed to be

owned, operated, drilled, maintained, or otherwise controlled by Defendant EQT.

The well pad identified in the preceding paragraph (hereinafter referred to as 33.

Trax Farms Pad), to the best of Plaintiffs knowledge, currently consists of 11 wells.

Defendants EQT and EQT Midstream (hereinafter sometimes referred to 34.

collectively as EQT Defendants) are responsible for exploring, contracting, licensing,

supplying, manufacturing, erecting, assembling, drilling, fracking, extracting, operating,

supervising, and/or managing personnel, equipment, vehicles, and/or machinery used in natural

2 These statements were made in a letter dated February 14, 2014 from then Pennsylvania Governor Tom Corbett to Chairman Doug McLinko, attached hereto as Ex. A. 3 See the letter from Former Governor Corbett to Robert Lawler, President and CEO of Chesapeake Energy dated February 13, 2014, attached hereto as Ex. B.

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gas drilling, completions, transportation, and production (hereinafter referred to as Natural Gas

Activities).

At all times mentioned herein, in order to extract natural gas from their wells, 35.

Defendants used a drilling process known as horizontal drilling and hydraulic fracturing.

Hydraulic fracturing requires the discharge of enormous volumes of hydraulic fracturing fluids

otherwise known as fracking fluid or drilling mud into the ground under extreme pressure in

order to dislodge and discharge the gas contained under the ground. The composition of

fracking fluid and/or drilling mud includes chemicals that are known to be hazardous and

toxic.

The equipment, vehicles, machinery, and/or processes used in EQT Defendants 36.

Natural Gas Activities include but are not limited to drill rigs, pipes, pumps, valves, tanks,

engines, motors, compressors, trucks, other vehicles, condensate tanks, storage tanks,

containment ponds, pits and/or separators (hereinafter referred to Instrumentalities).

Defendants Natural Gas Activities, and specifically the fracturing process, often 37.

releases emissions into the air, including but not limited to various particulate matter, volatile

organic compounds, carbon monoxide, mono-nitrogen oxides, sulfur dioxide, various hazardous

air pollutants, and other harmful emissions that often invade Plaintiffs properties and

substantially contribute to Plaintiffs injuries and damages.

Defendants Natural Gas Activities and Instrumentalities frequently produce 38.

releases, spills, emissions or discharges of hazardous gases and materials, chemicals, and other

industrial/hazardous wastes.

EQT Defendants Natural Gas Activities use substantial gas and diesel powered 39.

vehicles and engines, which produce frequent, substantial, and harmful emissions and pollutants.

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Due to Defendants Natural Gas Activities, the use of these Instrumentalities, and other actions

and omissions near and on Defendants operations, Plaintiffs were and continue to be forced to

breathe these emissions on a frequent basis, which substantially contributes to Plaintiffs injuries

and damages.

In addition, on or around December 4, 2013, Plaintiff Mickey Gniadek 40.

experienced extreme and dangerous levels of what was later determined to be chlorine and

methane gas on his property, which caused him to develop clinical signs of asphyxiation and

trauma due to being temporarily unable to breathe.

Since the incident described above, Plaintiffs have lived with frequent and 41.

recurring concern and/or fear that being outside on their property could result in serious injury to

their health as a result of the emissions from Defendants operations.

EQT Defendants Natural Gas Activities use substantial gas and diesel powered 42.

vehicles, engines, and other heavy machinery which produce frequent, substantial, and excessive

noises. Due to Defendants Natural Gas Activities, the use of these Instrumentalities, and other

actions and omissions near and on Defendants operations, Plaintiffs were and continue to be

unable to sleep peacefully; and were and are otherwise annoyed or disturbed on a frequent basis,

which substantially contributes to Plaintiffs injuries and damages.

EQT Defendants Natural Gas Activities are largely conducted without regard for 43.

Plaintiffs lives or ordinary schedules, often operating loud and invasive equipment late into the

night and without regard for holidays or other times when Plaintiffs might be outside on their

property.

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Upon reasonable belief, EQT Defendants have, however, made efforts to 44.

accommodate Defendant Trax Farms by suspending or limiting operations during economically

important dates in Trax Farms schedule.

On multiple and frequent occasions, some Plaintiffs have experienced noise 45.

levels, resulting from Defendant EQTs operations, inside their homes in excess of 80 decibels.4

The noises emitted by EQTs operations frequently exceeds the limitation on 46.

noise emissions prescribed in the Union Township Zoning Ordinance, Ordinance No. 106,

1601.4.

Defendants EQTs Natural Gas Activities often result in the flaring, burning, or 47.

otherwise venting of natural gas, which results in excessive harmful emissions which frequently

invade Plaintiffs properties and substantially contribute to Plaintiffs injuries and damages.

EQT Defendants Natural Gas Activities also frequently cause fugitive emissions, 48.

which are essentially the release of natural gas and other substances into the air. These fugitive

emissions frequently invade Plaintiffs properties and substantially contribute to Plaintiffs

injuries and damages.

EQT Defendants Natural Gas Activities also frequently cause excessive and 49.

offensive vibrations which can be observed and experienced on Plaintiffs properties and in

Plaintiffs homes.

The vibrations caused by EQT Defendants Natural Gas Activities violate Sec. 50.

1601.5 of the Union Township Zoning Ordinance.

4 According to the American Tinnitus Association, 80 decibels is the level of noise emitted by the average alarm clock at a distance of two feet. What Does Loud Mean?, http://www.ata.org/for-patients/how-loud-too-loud (last visited Feb. 23, 2015).

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EQT Defendants Natural Gas Activities frequently produce excessive and 51.

offensive odors which can be observed and experienced on Plaintiffs properties.

The odors produced by EQT Defendants Natural Gas Activities violate Sec. 52.

1601.6 of the Union Township Zoning Ordinance.

Upon reasonable belief, Defendants have long been aware of the dangers and 53.

health risks posed by their Natural Gas Activities and the Instrumentalities used therein.

In or around January 2014, Defendant EQT provided Plaintiffs with a proposed 54.

Noise and Nuisance Easement. (hereinafter referred to as the Easement)

The proposed Easement specifically seeks a right-of-way over Plaintiffs 55.

properties for noise, dust, light, smoke, odors, fumes, soot or other air pollution, vibrations,

adverse impacts or other conditions or nuisances which may emanate from or be caused by

Grantees Operations.

At the time Defendant Trax Farms leased his property to Chesapeake for 56.

construction and operation of the Instrumentalities at issue in this case, Defendant Trax Farms

knew or should have known that the acts contemplated by the lease would cause a nuisance and

interfere with Plaintiffs use and enjoyment of their properties.

EQT Defendants Natural Gas Activities, acts, omissions, and Instrumentalities 57.

are within EQT Defendants exclusive control, are dangerous, and have caused grave harms to

Plaintiffs.

Upon reasonable belief, EQT Defendants are responsible for all Natural Gas 58.

Activities, Instrumentalities, actions, and/or inactions and the well pads identified above.

Due to EQT Defendants Natural Gas Activities, and other of Defendants actions 59.

and omissions, individually, or collectively, Plaintiffs have suffered and continue to suffer

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significant damages to themselves, their properties, their quality of life, and their rights to the use

and enjoyment of their properties for which they are entitled to compensation.

EQT Defendants Natural Gas Activities, actions, and/or omissions were 60.

effectuated by EQT Defendants, their employees, agents, service providers, officers, directors,

assigns, and/or individuals under the control and/or direction of EQT Defendants. As such, each

of them is liable for all harms and losses suffered by Plaintiffs.

COUNT I PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF GARY BAUMGARDNER vs. DEFENDANTS EQT, EQT MIDSTREAM,

CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)

Plaintiffs incorporate all preceding paragraphs above as if fully set forth herein. 61.

Natural Gas Defendants, through their intentional, negligent, and/or unreasonable 62.

Natural Gas Activities, acts, and/or omissions have frequently, repeatedly, and substantially

interfered with Plaintiff Gary Baumgardners use and enjoyment of his property through the

following, but not limited to the following:

a. releases, spills, emissions or discharges of hazardous gases, chemicals, and

industrial/hazardous wastes which have frequently migrated to Plaintiffs

property through the air;

b. emissions of potentially radioactive materials;

c. offensive and excessive noises;

d. offensive and excessive vibrations;

e. offensive and excessive odors and other emissions;

f. offensive and excessive sights and lights;

g. offensive, excessive, and abnormal truck traffic, emissions, and mud resulting

from trucks and other vehicles and equipment;

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h. other associated problems.

The aforementioned list is by no means exhaustive or exclusive, and Plaintiff does 63.

not waive his right to submit additional evidence of such issues throughout the course of this

case.

Upon reasonable belief, Defendant Trax Farms agreed to or participated in the 64.

choice of location of Defendants Chesapeakes and later EQT and EQT Midstreams operations.

Upon reasonable belief, Defendant Trax Farms knew or should have known, at 65.

the time it leased property to Chesapeake, and later EQT Defendants for use in their Natural Gas

Activities, that the planned acts or omissions would result in the harms that have been endured

and continue to be perpetrated against Plaintiff Gary Baumgardner.

Because Defendant Trax Farms leased its property with actual or constructive 66.

knowledge of the likelihood of injury to Plaintiff Gary Baumgardner, it is liable for any and all

damages to Plaintiff Gary Baumgardner resulting from the acts or omissions by remaining

Defendants on its property.

As a proximate result of Natural Gas Defendants Natural Gas Activities, acts, 67.

and/or omissions, Plaintiff Gary Baumgardner has suffered frequent, substantial, and significant

impairment to his use and enjoyment of his property, including, but not limited to some or all of

the following: property damage, substantial discomfort, inconvenience, annoyance, offense to the

senses, loss of peace of mind, distress, disgust, embarrassment, fear, apprehension, concern,

difficulty sleeping, health concerns, deprivation of the ability to further develop his property,

destruction of the serenity of his property, and concern for or actual damage to the air quality, for

which he is entitled to compensation.

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Natural Gas Defendants conduct has been so egregious as to drive Plaintiff Gary 68.

Baumgardner from his home and effectively make his property unlivable.

EQT Defendants, aware of the inconvenience and annoyance inflicted on Plaintiff 69.

Gary Baumgardner, agreed to put Plaintiff in a hotel, which he endured for three months during

the winter of 2013-14, until Plaintiff insisted on returning to his home.

EQT Defendants conduct constitutes a frequent and continued temporary 70.

nuisance to Plaintiff Gary Baumgardner.

EQT Defendants, including their officers, agents, and/or employees knew or 71.

should have been substantially certain that their Natural Gas Activities would create and

maintain such a repeated and continuing nuisance to Plaintiff Gary Baumgardner.

Each of the aforesaid frequent or repeating injurious conditions created by EQT 72.

Defendants are reasonably and practicably abatable through better operation, procedures,

management, repair, technology, oversight, maintenance, or otherwise.

However, EQT Defendants have failed to take known reasonable, practicable, and 73.

necessary steps to abate, minimize, or eliminate such conditions.

EQT Defendants Natural Gas Activities, acts and/or omissions, and use of 74.

property have been and continue to be unreasonable and abnormally dangerous.

EQT Defendants have repeatedly concealed the dangerous nature of their 75.

Natural Gas Activities and the impact these activities have upon nearby landowners and the

environment.

As a result, EQT Defendants are liable for all of the damages and injuries to 76.

Plaintiff Gary Baumgardner caused by their repeated acts and/or omissions and natural gas

exploration activities, and their failure to abate such nuisances.

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Further, some or all of the EQT Defendants Natural Gas Activities, acts, and/or 77.

omissions, including those of its officers, agents, contractors, and/or employees, were intentional

and/or grossly, recklessly, and/or wantonly negligent, and were done with utter disregard for

Plaintiff Gary Baumgardners rights and therefore, Plaintiff Gary Baumgardner is entitled to an

award of punitive damages.

WHEREFORE, Plaintiff Gary Baumgardner prays for judgment, jointly and severally,

against Defendants Chesapeake, Trax Farms, EQT, and EQT Midstream awarding Plaintiff Gary

Baumgardner actual damages in a fair and reasonable sum and in an amount to be determined at

trial by jury sufficient to compensate Plaintiff Gary Baumgardner for the interference of his right

to the use and quiet enjoyment of his property; for punitive damages to be determined at trial in

an amount set by law or the trier of fact sufficient to punish Defendants Chesapeake, Trax Farms,

EQT, and EQT Midstream for the above-described conduct and to deter others from like

conduct; that the costs of this action be assessed against Defendants; and for such other and

further relief as the Court may deem just and appropriate.

COUNT II PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF GEORGANN BAUMGARDNER vs. DEFENDANTS EQT, EQT

MIDSTREAM, CHESAPEAKE AND TRAX FARMS (NATURAL GAS DEFENDANTS)




interfered with Plaintiff Georgann Baumgardners use and enjoyment of her property through the


17













not waive her right to submit additional evidence of such issues throughout the course of this

case.






and continue to be perpetrated against Plaintiff Georgann Baumgardner.


knowledge of the likelihood of injury to Plaintiff Georgann Baumgardner, it is liable for any and

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all damages to Plaintiff Georgann Baumgardner resulting from the acts or omissions by

remaining Defendants on its property.


and/or omissions, Plaintiff Georgann Baumgardner has suffered frequent, substantial, and

significant impairment to her use and enjoyment of her property, including, but not limited to

some or all of the following: property damage, substantial discomfort, inconvenience,

annoyance, offense to the senses, loss of peace of mind, distress, disgust, embarrassment, fear,

apprehension, concern, difficulty sleeping, health concerns, deprivation of the ability to further

develop her property, destruction of the serenity of her property, and concern for or actual

damage to the air quality, for which she is entitled to compensation.

Natural Gas Defendants conduct has been so egregious as to drive Plaintiff 85.

Georgann Baumgardner from her home and effectively make her property unlivable.

EQT Defendants, aware of the inconvenience and annoyance inflicted on Plaintiff 86.

Georgann Baumgardner, agreed to put Plaintiff in a hotel, which she endured for three months

during the winter of 2013-14, until Plaintiff insisted on returning to her home


nuisance to Plaintiff Georgann Baumgardner.



maintain such a repeated and continuing nuisance to Plaintiff Georgann Baumgardner.




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environment.


Plaintiff Georgann Baumgardner caused by their repeated acts and/or omissions and natural gas





Plaintiff Georgann Baumgardners rights and therefore, Plaintiff Georgann Baumgardner is

entitled to an award of punitive damages.

WHEREFORE, Plaintiff Georgann Baumgardner prays for judgment, jointly and

severally, against Defendants Chesapeake, Trax Farms, EQT, and EQT Midstream awarding

Plaintiff Georgann Baumgardner actual damages in a fair and reasonable sum and in an amount

to be determined at trial by jury sufficient to compensate Plaintiff Georgann Baumgardner for the

interference of her right to the use and quiet enjoyment of her property; for punitive damages to

be determined at trial in an amount set by law or the trier of fact sufficient to punish Defendants

Chesapeake, Trax Farms, EQT, and EQT Midstream for the above-described conduct and to

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deter others from like conduct; that the costs of this action be assessed against Defendants; and

for such other and further relief as the Court may deem just and appropriate.

COUNT III PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF RACHEL CECCHINI vs. DEFENDANTS EQT, EQT MIDSTREAM,





interfered with Plaintiff Rachel Cecchinis use and enjoyment of her property through the















case.

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and continue to be perpetrated against Plaintiff Rachel Cecchini.


knowledge of the likelihood of injury to Plaintiff Rachel Cecchini, it is liable for any and all

damages to Plaintiff Rachel Cecchini resulting from the acts or omissions by remaining



and/or omissions, Plaintiff Rachel Cecchini has suffered frequent, substantial, and significant

impairment to her use and enjoyment of her property, including, but not limited to some or all of



difficulty sleeping, health concerns, and concern for or actual damage to the air quality where

she was residing, for which she is entitled to compensation.

Specifically, Plaintiff Rachel Cecchini was forced to leave the property she was 102.

residing at because of fears for the health of herself and her unborn child as a result of Natural

Gas Defendants actions.


Rachel Cecchini from her home and effectively make her property unlivable.

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nuisance to Plaintiff Rachel Cecchini.



maintain such a repeated and continuing nuisance to Plaintiff Rachel Cecchini.










environment.


Plaintiff Rachel Cecchini caused by their repeated acts and/or omissions and natural gas





Plaintiff Rachel Cecchinis rights and therefore, Plaintiff Rachel Cecchini is entitled to an award

of punitive damages.

23

WHEREFORE, Plaintiff Rachel Cecchini prays for judgment, jointly and severally,

against Defendants Chesapeake, Trax Farms, EQT, and EQT Midstream awarding Plaintiff

Rachel Cecchini actual damages in a fair and reasonable sum and in an amount to be determined

at trial by jury sufficient to compensate Plaintiff Rachel Cecchini for the interference of her right

to the use and quiet enjoyment of her property; for punitive damages to be determined at trial in





COUNT IV PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF ANTONY CECCHINI vs. DEFENDANTS EQT, EQT MIDSTREAM,





interfered with Plaintiff Antony Cecchinis use and enjoyment of his property through the









24







case.






and continue to be perpetrated against Plaintiff Antony Cecchini.


knowledge of the likelihood of injury to Plaintiff Antony Cecchini, it is liable for any and all

damages to Plaintiff Antony Cecchini resulting from the acts or omissions by remaining



and/or omissions, Plaintiff Antony Cecchini has suffered frequent, substantial, and significant




25

difficulty sleeping, health concerns, and concern for or actual damage to the air quality at the

property where he resided, for which he is entitled to compensation.

Specifically, Plaintiff Antony Cecchini was forced to leave the property he was 119.

residing at because of fears for the health of himself and his unborn child as a result of Natural

Gas Defendants actions.


Antony Cecchini from his home and effectively make his property unlivable.


nuisance to Plaintiff Antony Cecchini.



maintain such a repeated and continuing nuisance to Plaintiff Antony Cecchini.










environment.

26


Plaintiff Antony Cecchini caused by their repeated acts and/or omissions and natural gas





Plaintiff Antony Cecchinis rights and therefore, Plaintiff Antony Cecchini is entitled to an

award of punitive damages.

WHEREFORE, Plaintiff Antony Cecchini prays for judgment, jointly and severally,


Antony Cecchini actual damages in a fair and reasonable sum and in an amount to be determined

at trial by jury sufficient to compensate Plaintiff Antony Cecchini for the interference of his right






COUNT V PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF MICKEY GNIADEK vs. DEFENDANTS EQT, EQT MIDSTREAM,





27

interfered with Plaintiff Mickey Gniadeks use and enjoyment of his property through the















case.






and continue to be perpetrated against Plaintiff Mickey Gniadek.

28


knowledge of the likelihood of injury to Plaintiff Mickey Gniadek, it is liable for any and all

damages to Plaintiff Mickey Gniadek resulting from the acts or omissions by remaining



and/or omissions, Plaintiff Mickey Gniadek has suffered frequent, substantial, and significant







Natural Gas Defendants conduct has been so egregious as to effectively make 136.

Plaintiff Mickey Gniadeks property unlivable.


nuisance to Plaintiff Mickey Gniadek.



maintain such a repeated and continuing nuisance to Plaintiff Mickey Gniadek.





29






environment.


Plaintiff Mickey Gniadek caused by their repeated acts and/or omissions and natural gas





Plaintiff Mickey Gniadeks rights and therefore, Plaintiff Mickey Gniadek is entitled to an award


WHEREFORE, Plaintiff Mickey Gniadek prays for judgment, jointly and severally,


Mickey Gniadek actual damages in a fair and reasonable sum and in an amount to be determined

at trial by jury sufficient to compensate Plaintiff Mickey Gniadek for the interference of his right






30

COUNT VI PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF SABINE GNIADEK vs. DEFENDANTS EQT, EQT MIDSTREAM,





interfered with Plaintiff Sabine Gniadeks use and enjoyment of her property through the















case.



31




and continue to be perpetrated against Plaintiff Sabine Gniadek.


knowledge of the likelihood of injury to Plaintiff Sabine Gniadek, it is liable for any and all

damages to Plaintiff Sabine Gniadek resulting from the acts or omissions by remaining



and/or omissions, Plaintiff Sabine Gniadek has suffered frequent, substantial, and significant

impairment to her use and enjoyment of her property, including, but not limited to some or all of



difficulty sleeping, health concerns, deprivation of the ability to further develop her property,

destruction of the serenity of her property, and concern for or actual damage to the air quality,

for which he is entitled to compensation.


Sabine Gniadek from her home and effectively make her property unlivable.


nuisance to Plaintiff Sabine Gniadek.



maintain such a repeated and continuing nuisance to Plaintiff Sabine Gniadek.

32










environment.


Plaintiff Sabine Gniadek caused by their repeated acts and/or omissions and natural gas





Plaintiff Sabine Gniadeks rights and therefore, Plaintiff Sabine Gniadek is entitled to an award


WHEREFORE, Plaintiff Sabine Gniadek prays for judgment, jointly and severally,


Sabine Gniadek actual damages in a fair and reasonable sum and in an amount to be determined

at trial by jury sufficient to compensate Plaintiff Sabine Gniadek for the interference of her right

to the use and quiet enjoyment of her property; for punitive damages to be determined at trial in

33





COUNT VII PRIVATE CONTINUING TEMPORARY NUISANCE PLAINTIFF GEORGE SIMMONS vs. DEFENDANTS EQT, EQT MIDSTREAM,





interfered with Plaintiff George Simmons use and enjoyment of his property through the













34



case.






and continue to be perpetrated against Plaintiff George Simmons.


knowledge of the likelihood of injury to Plaintiff George Simmons, it is liable for any and all

damages to Plaintiff George Simmons resulting from the acts or omissions by remaining



and/or omissions, Plaintiff George Simmons has suffered frequent, substantial, and significant







Natural Gas Defendants conduct has been so egregious as to effectively make 168.

Plaintiff George Simmonss property unlivable.

35


nuisance to Plaintiff George Simmons.



maintain such a repeated and continuing nuisance to Plaintiff George Simmons.










environment.


Plaintiff George Simmons caused by their repeated acts and/or omissions and natural gas





Plaintiff George Simmons rights and therefore, Plaintiff George Simmons is entitled to an award


36

WHEREFORE, Plaintiff George Simmons prays for judgment, jointly and severally,


George Simmons actual damages in a fair and reasonable sum and in an amount to be determined

at trial by jury sufficient to compensate Plaintiff George Simmons for the interference of his

right to the use and quiet enjoyment of his property; for punitive damages to be determined at

trial in an amount set by law or the trier of fact sufficient to punish Defendants Chesapeake, Trax

Farms, EQT, and EQT Midstream for the above-described conduct and to deter others from like



COUNT VIII CONTINUING NEGLIGENCE (PLAINTIFF GARY BAUMGARDNER vs. DEFENDANTS CHESAPEAKE, EQT, AND

EQT MIDSTREAM)

Plaintiffs incorporate the preceding paragraphs above as if fully set forth below. 177.

Defendants Chesapeake, EQT, and EQT Midstream, at all times relevant herein, 178.

owed the following duties of care in conducting their Natural Gas Activities, acts, and/or

omissions:

a. to reasonably and responsibly own, operate, control, and maintain their

Natural Gas Activities and Instrumentalities so as not to injure Plaintiff,

Plaintiffs property or otherwise impair his use and enjoyment of his property;

b. to prevent injury to others;

c. to exercise reasonable care to avoid foreseeable risk of injury to others;

d. to take affirmative action to control or avoid increasing the danger from a

condition that has been created by Defendants conduct;

37

e. to use ordinary care in protecting others from peril that is under the

Defendants control;

f. to be responsible for all acts, omission, harms, and losses occurring as part of

their Natural Gas Activities;

g. to ensure that Defendants operations, equipment, and trucking activity do not

cause or contribute to a nuisance or contamination, including noise, air, soil,

and water emissions;

h. to take all measures reasonably necessary to inform and protect Plaintiff from

dangerous and/or unreasonable Natural Gas Activities;

i. to not unreasonably block or slow traffic;

j. to properly hire, train, manage, and supervise skilled employees and

contractors;

k. to promptly repair any leaks in any structures or Instrumentalities used in

Natural Gas Activities;

l. to conduct frequent and routine emissions monitoring;

m. to properly manage and dispose of residual waste from their Natural Gas

Activities;

n. to properly manage their Natural Gas Activities and Instrumentalities;

o. to ensure that Defendants Natural Gas Activities, acts, omissions and/or

Instrumentalities do not cause or contribute to a nuisance or contamination,

including noise, lights, vibrations, particulate matter, odors, and emissions;

p. to operate their leases and well pads with reasonable care;

q. to minimize the impacts of their Natural Gas Activities on neighbors;

38

r. to mitigate noise, vibrations, and light;

s. to mitigate excessive odors;

t. to mitigate emissions;

u. to not cause damage to land or persons;

v. to prevent releases of hazardous, toxic, and/or radioactive substances into the

air, land, and water; and

w. to follow all local, state, and federal law related to Natural Gas Activities.


not waive his right to submit additional evidence of additional duties throughout the course of

this case.

Defendants Chesapeake, EQT, and EQT Midstream, including their officers, 180.

agents, contractors, and/or employees, have frequently breached these duties of care to Plaintiff

Gary Baumgardner, and were otherwise repeatedly and frequently negligent, thereby directly and

proximately causing significant damages to Plaintiff Gary Baumgardner for which he is entitled

to compensation.

Defendants Chesapeake, EQT, and EQT Midstream knew or should have known 181.

that Defendants Natural Gas Activities, acts, omissions, and use of Instrumentalities were

negligent.


agents, and/or employees, should have taken reasonable precautions and measures to prevent

and/or mitigate the problems caused by their Natural Gas Activities, acts, omissions, and

Instrumentalities.

39

Further, the doctrine of res ipsa loquitor applies because (i) the character of 183.

Plaintiffs injuries are such that they would not have occurred without negligence, and (ii) the

instrumentality that caused Plaintiff Gary Baumgardners injuries were under the sole

management and control of Defendants Chesapeake, EQT, and EQT Midstream.

Further, some or all of the acts and/or omissions of Defendants Chesapeake, EQT, 184.

and EQT Midstream described herein, including those of their officers, agents, contractors,

and/or employees, were intentional and/or grossly, recklessly, and/or wantonly negligent, and

were done with utter disregard for Plaintiff Gary Baumgardners rights and therefore, Plaintiff

Gary Baumgardner is entitled to an award of punitive damages.

WHEREFORE, Plaintiff Gary Baumgardner prays for judgment, jointly and severally,

against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Gary

Baumgardner actual damages in a fair and reasonable sum and in an amount to be determined at

trial by jury sufficient to compensate Plaintiff Gary Baumgardner for all of his injuries and

damages; for punitive damages to be determined at trial in an amount set by law or the trier of

fact sufficient to punish Defendants Chesapeake, EQT, and EQT Midstream, for the above-

described conduct and to deter others from like conduct; that the costs of this action be assessed

against Defendants; and for such other and further relief as the Court may deem just and

appropriate.

COUNT IX CONTINUING NEGLIGENCE (PLAINTIFF GEORGANN BAUMGARDNER vs. DEFENDANTS CHESAPEAKE, EQT,

AND EQT MIDSTREAM)


40



omissions:



Plaintiffs property or otherwise impair her use and enjoyment of her

property;






Defendants control;










contractors;

41





Activities;















not waive her right to submit additional evidence of additional duties throughout the course of

this case.



42

Georgann Baumgardner, and were otherwise repeatedly and frequently negligent, thereby

directly and proximately causing significant damages to Plaintiff Georgann Baumgardner for

which she is entitled to compensation.



negligent.




Instrumentalities.



instrumentality that caused Plaintiff Georgann Baumgardners injuries were under the sole

management and control of Defendants Chesapeake, EQT, and EQT Midstream.




were done with utter disregard for Plaintiff Georgann Baumgardners rights and therefore,

Plaintiff Georgann Baumgardner is entitled to an award of punitive damages.

WHEREFORE, Plaintiff Georgann Baumgardner prays for judgment, jointly and

severally, against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff

Georgann Baumgardner actual damages in a fair and reasonable sum and in an amount to be

determined at trial by jury sufficient to compensate Plaintiff Georgann Baumgardner for all of

43

her injuries and damages; for punitive damages to be determined at trial in an amount set by law

or the trier of fact sufficient to punish Defendants Chesapeake, EQT, and EQT Midstream, for

the above-described conduct and to deter others from like conduct; that the costs of this action be

assessed against Defendants; and for such other and further relief as the Court may deem just and

appropriate.

COUNT X CONTINUING NEGLIGENCE (PLAINTIFF RACHEL CECCHINI vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT

MIDSTREAM)




omissions:


Natural Gas Activities and Instrumentalities so as not to injure Plaintiff or

otherwise impair her use and enjoyment of her property;






Defendants control;



44








contractors;





Activities;











45





not waive her right to submit additional evidence of additional duties throughout the course of

this case.



Rachel Cecchini, and were otherwise repeatedly and frequently negligent, thereby directly and

proximately causing significant damages to Plaintiff Rachel Cecchini for which she is entitled to

compensation.



negligent.




Instrumentalities.



instrumentality that caused Plaintiff Rachel Cecchinis injuries were under the sole management

and control of Defendants Chesapeake, EQT, and EQT Midstream.

46




were done with utter disregard for Plaintiff Rachel Cecchinis rights and therefore, Plaintiff

Rachel Cecchini is entitled to an award of punitive damages.

WHEREFORE, Plaintiff Rachel Cecchini prays for judgment, jointly and severally,

against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Rachel Cecchini

actual damages in a fair and reasonable sum and in an amount to be determined at trial by jury

sufficient to compensate Plaintiff Rachel Cecchini for all of her injuries and damages; for

punitive damages to be determined at trial in an amount set by law or the trier of fact sufficient to

punish Defendants Chesapeake, EQT, and EQT Midstream, for the above-described conduct and

to deter others from like conduct; that the costs of this action be assessed against Defendants; and


COUNT XI CONTINUING NEGLIGENCE (PLAINTIFF ANTONY CECCHINI vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT

MIDSTREAM)




omissions:


Natural Gas Activities and Instrumentalities so as not to injure Plaintiff or

otherwise impair his use and enjoyment of his property;


47





Defendants control;






h. to take all measures reasonably necessary to inform and protect the Plaintiff

from dangerous and/or unreasonable Natural Gas Activities;



contractors;





Activities;


48














not waive his right to submit additional evidence of additional duties throughout the course of

this case.



Antony Cecchini, and were otherwise repeatedly and frequently negligent, thereby directly and

proximately causing significant damages to Plaintiff Antony Cecchini for which he is entitled to

compensation.



negligent.

49




Instrumentalities.



instrumentality that caused Plaintiff Antony Cecchinis injuries were under the sole management

and control of Defendants Chesapeake, EQT, and EQT Midstream.




were done with utter disregard for Plaintiff Antony Cecchinis rights and therefore, Plaintiff

Antony Cecchini is entitled to an award of punitive damages.

WHEREFORE, Plaintiff Antony Cecchini prays for judgment, jointly and severally,

against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Antony Cecchini

actual damages in a fair and reasonable sum and in an amount to be determined at trial by jury

sufficient to compensate Plaintiff Antony Cecchini for all of his injuries and damages; for

punitive damages to be determined at trial in an amount set by law or the trier of fact sufficient to

punish Defendants Chesapeake, EQT, and EQT Midstream, for the above-described conduct and

to deter others from like conduct; that the costs of this action be assessed against Defendants; and


COUNT XII CONTINUING NEGLIGENCE (PLAINTIFF MICKEY GNIADEK vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT

MIDSTREAM)

50




omissions:



Plaintiffs property or otherwise impair his use and enjoyment of his property;






Defendants control;










contractors;

51





Activities;














The aforementioned list is by no means exhaust

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Finelyville Resident Lawsuit

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