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individually; DIANE RUSEK and JERRY RUSEK,
individually, and as the Parent and Natural Guardian of
SOUTHWESTERN
PRODUCTI
GERALD
RUSEK andENERGY
CAMDYN
RUSEK; DORIS
SCHENCK, Individually; LUKE W. SHAGER,
MARK SHAGER, MATTHEW SHAGER, ROWENA
SHAGER, individually; WILLIAM SHAGER,
Individually; and TIFFANY M. SEAMANS,
Individually and as Parent and Natural Guardian of
infants CONOR SEAMANS and JACOB SEAMANS;
ROBERT BLAISURE AND CLAIRE GALLOWAY,
individually and as Parents and Natural Guardians of
infant MELANY BLAISURE; NATHAN and
STEPHANIE EVANS, individually and as Parents and
Guardians of infants JACELYN EVANS, KAYLEE
EVANS and LEAH EVANS

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IN THE COURT OF COMMON PLEAS OF SUSQUEHANNA
COUNTY, PENNSYLVANIA CIVIL DIVISION
.
SUZANNE BERISH, individually; SUSAN BREESE,
SUZANNELARRY
BERISH,
Individually;
SUSAN DEAN,
individually;
DEAN
and MARLENE
individually; MARY R. DONOVAN, individually;
Plaintiffs,
CHRISTINE
and JASON HENKE, individually and as
the Parent and Natural Guardian of TYLER HENKE
v. RYAN HENKE; CHELSEA A. JARNAGIN,
CIVIL ACTION NO.
and

Plaintiffs,
v.

SOUTHWESTERN ENERGY PRODUCTION
COMPANY and SOUTHWESTERN ENERGY
COMPANY
Defendants

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 COMPLAINT AT LAW AND

 

ITY

Plaintiffs, through their undersigned attorneys, for their Complaint at Law
and in Equity against Defendants allege the following'

INTRODUCTION

1 Plaintiffs complain, inter alia, ofenvironmental contamination and polluting
events caused by the conduct and activities of the Defendants herein, who caused
the 8 These releases, spills and discharges caused the Plaintiffs and their property
to be exposed to such hazardous gases, chemicals, and industrial wastes and caused
damage to the natural resources of the environment in and around the Plaintiffs'
properties, causing Plaintiffs to incur health injuries, loss of use and enjoyment of
their property, loss ofquality of life, emotional distress, and other damages

PARTIES

2 At all times mentioned herein, the below named Plaintiffs were and are
citizens ofthe State of residing in the County ofSusquehanna, at the
address as listed'

a uzanne Berish

Susan Breese

 Mary Donovan

Chelsea A .larnagin

Doris Schenck

William Sha er

3 At all times mentioned herein, Plaintiffs were and are citizens ofthe State of
residing in the County ol'Susquehanna, at the addresses as listed'

a Marlene and Larry Dean

Rowena] Luke Sha er and Mark Shager, Matthew Shager,

  

4 At all times mentioned herein) the below named Plaintiffs were and are
citizens of the State of residing with their minor children in the
County ofSusquehanna, at the address as listed) and bring this action individually
and on their behalfas parents and natural guardians'

a Diane and Jerry Rusek

Minor Children'

Date ofBirth 09/07/1999
Date 11/17/2001

and Jason Henke

Mtnor Children'

Date ofBirth 11/02/2001
Date ofBirth 10/09/2003
0 Tiffanv Seamans

Mtnor Children'

Date ot'Btnh' 07/18/2008
Date ofBirth' 06/15/2007
Nathan and Steihame Evans

Children'

Date ot'Birth' 04/09/2000
Date 01' 08/15/2002
Date ofBirth' 02/04/2005

Robert Blaisure and Claire Galloway
7572 State Route 92
South Gibson, PA 18842

Child

--00000000 00070000

5 The aforementioned Plaintiffs are hereinafter collectively referred to as
"Plaintiffs"

6 At all times mentioned herein, Defendant, SOUTHWESTERN ENERGY
PRODUCTION COMPANY was and is a Texas Corporation. with its headquarters
and principal place of business located at 2350 North Sam Houston Parkway East,
Suite 125 Houston, Texas 77032-3132 Defendant. SOUTHWESTERN ENERGY
COMPANY, a Texas corporation, with its headquarters and principal place of
business located at 2350 North Sam Houston Parkway East, Suite 125 Houston,
Texas 77032-3132. at all times hereinafter mentioned, conducted exploration and
production of the Price #1 Well through its wholly-owned subsidiary,
SOUTHWESTERN ENERGY PRODUCTION COMPANY These Defendants
engaged in various oil and gas exploration and production activities in the State of
including Susquehanna County, as more fully described herein. and
the Plaintiffs claims arise out of such activities

GENERAL ALLEGATIONS

7 On or about April 2008 and continuing thereafter, and at all times
mentioned herein, Defendants engaged in drilling activities, and owned and
operated Price #1 Well in Lenox Township, Susquehanna County, 

wherein Plaintiffs own property and/or reside

8 At all times mentioned herein, in order to extract natural gas from the
Defendants" Price #lWell, the location as described in the Commonwealth of
DEP Well Location Plat on topographic map 11 335 feet south of
Latitude 41 degrees 45'00" Defendants used a drilling process known as
hydraulic fracturing and horizontal drilling 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

9 The composition of "fracking fluid" and/or drilling mud includes hazardous
chemicals that are carcinogenic and toxic

10 Diesel fuel and lubricating materials, also consisting ofhazardous chemicals,
are utilized during drilling and well operations

11 The Defendants located Price #1 Well within the following proximities to

Plaintiffs' property, home and water supply well'

a Suzanne Berish (owner) Approximately- feet
Susan Breese (owner) Approximately- feet
Donovan (tenant) Approximately - feet

 

 Chelsea A .larnagin (tenant) Approximately -feet

Doris Schenck owner Approximately-feet

Marlene and Larry Dean (owner) Approximately -feet

Rowena] (owner) Luke, Matthew, Appoximately - feet
and Mark Shager (residents)

William Sha er ovtner) Approximately-feet

i Diane and Jerry Rusek (owners) Approximately -feet

Minor Children'

Date ofBirth 09/07/1999
Date ofBirth' 11/17/2001

Christine and Jason 1-1enke (owner) Approximately - l'eet

Minor Children

Date ofBirth 11/02/2001
Date ol'Birth' 10/09/2003

7

 Robert Blaisure and Claire Galloway (residents) Approx -feet

Minor Child'
-- Date ofBirth' 03/17/2009
12 At all times mentioned herein, Plaintiffs rely on ground vtater well for
drinking, bathing, cooking, washing and other daily residential and business uses
13 The following Plaintiffs did not ovm or reside at the contaminated
property, but regularly consumed the contaminated well water at the property
designated below

a Tiffany Seamons, Conor Seamons and Jacob Seamons residing at

-- conSumed
contaminated water ar --

Nathan and Stephanie and Evans .lacelyn Evans, Kaylee Evans,

Leah Evans, residing at--

14 At all times mentioned herein) and upon information and belief
Defendants were otherwise negligent and/or grossly negligent in the drilling,
construction and operation ofDefendants' Price #1 Well such that'

a Pollutants and industrial and/or residual vtaste, including "fracking
fluid", was caused to be discharged into the ground or into the vtaters
near Plaintiffs' homes and into ground water vtells, which
contaminated the water supply plaintiffs consumed and relied upon as
their water supply;

15. Upon information and belief, at all times mentioned herein the release and
discharges of contaminants were the result of improper or insufficient cement
casing of Defendants’ Price #1 Well located near Plaintiffs’ homes, and discharges

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and spills of industrial and/or residual waste, diesel fuel and other pollutants and
hazardous substances were the result of Defendants’ negligence, including the
negligent planning, training and supervision of staff, employees and/or agents.
16.

Upon information and belief, these aforementioned spills, discharges,

releases and other activities include, but are not limited to, various hazardous
chemicals, including barium, manganese and strontium.

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17. Upon information and belief, the Defendants maintained its activities in

such a negligent and improper manner as to violate various Pennsylvania state laws
and the Rules and Regulations promulgated there under, including, but not limited
to the Pennsylvania Clean Streams Law, 35 P.S. §§691.1, et seq., the Pennsylvania
Solid Waste Management Act, 35 P.S. §§ 6018.101, et seq., the Pennsylvania Oil
and Gas Act, 58 P.S. §§ 601.101, et seq., the Pennsylvania Hazardous Sites
Cleanup Act (“HSCA”), 35 P.S. §§ 6020.101, et seq.; the Federal Solid Waste
Disposal Act, 42 USC §§ 6901, et seq.; the Federal Comprehensive Environmental
Response, Compensation, and Liability Act, 42 USC §§ 9601, et seq.; and the
Federal Water Pollution Control Act, 33 USC§§ 1251, et seq.

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 18.

As a result of the aforementioned releases, spills, discharges, and

nonperformance attributed to and caused solely by Defendants’ negligent and/or
grossly negligent drilling and production activities, Plaintiffs and their properties

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have been seriously harmed, to wit:
Plaintiffs’ water supplies are contaminated.

b.

Plaintiffs have been and continue to be exposed to hazardous
chemicals.

c.

Plaintiffs’ property has been harmed and diminished in value.

d.

Plaintiffs have lost the use and enjoyment of their property, and the
quality of life they otherwise enjoyed.

e.

Plaintiff, Conor Seamon has been caused to become physically sick
and ill, manifesting neurological, symptoms, consistent with toxic
exposure to, for example, heavy metals.

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a.

f.

Plaintiffs live in constant fear of future physical illness, particularly
with respect to the health of their minor children and grandchildren.

g.

Plaintiffs have and/or will continue to pay costs for water samples and
alternative water.

19.

As a result of the foregoing and following allegations and Causes of

Action, Plaintiffs seek, inter alia, a preliminary and permanent injunction barring
Defendant from engaging in the acts complained of and requiring Defendants to
abate the nuisances, unlawful conduct, violations and damages created by them and

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 an order requiring Defendants to pay compensatory damages, punitive damages,
the cost of future health monitoring, litigation fees and costs, and to provide any
further relief that the Court may find appropriate.
CAUSES OF ACTION

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First Cause of Action: Hazardous Sites Cleanup Act

20. Plaintiffs repeat and reallege the allegations of paragraph “1” through “19”
of this Complaint, as though set forth in this paragraph at length.

21. The locations of the releases of hazardous substances as set forth above

constitute “sites” as defined by the Pennsylvania Hazardous Sites Cleanup Act

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(“HSCA”), 35 P.S. §§ 6020.101, et. seq.
22. The spills, releases, and discharges set forth above constitute “releases” of

hazardous substances and contaminants under HSCA.

23. At all relevant times, Defendants owned and/or operated the site (Price #1

Well), and/or Defendants owned or possessed and arranged for the disposal,
treatment or transport for disposal or treatment of the hazardous substances, under
the HSCA.
24.

Defendants are “responsible persons” responsible for the release or

threatened release of hazardous substances, under HSCA.
25.

As set forth above, Defendants have caused, and continues to cause,

releases or substantial threats of releases, of hazardous substances or contaminants
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 which present a substantial danger to the public health or safety or the
environment, under HSCA.
26. Pursuant to Section 507, 702 and 1101 of HSCA, 35 P.S. §§ 6020.507,

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6020.507 and 6020.1101, Defendants are strictly liable for costs incurred by
Plaintiffs to respond to Defendants releases or threatened releases of hazardous

substances and contaminants, including but not limited to the cost of a health
assessment or health effects study, medical monitoring, and interest.

27. The above releases and threats of releases of hazardous substances and
contaminants by Defendants constitute public nuisances under Section 1101 of

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HSCA, 35 P.S. § 6020.1101.
28. The above releases and threats of releases of hazardous substances by

Defendants constitutes unlawful conduct under Section 1108 of HSCA, 35 P.S.
§6020.1108.

29. The above releases and threats of releases of hazardous substances and

contaminants by Defendants have caused and threaten to cause personal injury and
property damage to Plaintiffs.

30. Defendants, by reason of these releases and threats of releases, are liable
for all the response costs, damages and injuries to Plaintiffs proximately caused by
the releases and threats of releases, and to remediate the releases, threats of
releases, and resultant contamination.

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 Second Cause of Action: Negligence
31. Plaintiffs repeat and reallege the allegations of paragraph “1” through “30”
of this Complaint, as though set forth in this paragraph at length.

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32. Defendants, by violating the various laws indicated herein, engaged in
negligence per se.

33. Defendants owed a duty of care to Plaintiffs to responsibly drill, own and
operate Defendants Price #1Well, respond to spills and releases of hazardous
chemicals, and prevent such releases and spills, and take all measures reasonably

necessary to inform and protect the public, including Plaintiffs, from the

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contamination of their water supply and exposure to hazardous chemicals and
combustible gases.

34. Defendants, including their officers, agents, and/or employees, knew or in

the exercise of reasonable care should have known, its operations would result in
the release or the threat of release of combustible gases and hazardous chemicals.
35.

Defendants, including its officers, agents, and/or employees, knew or in

the exercise of reasonable care should have known, of the dangerous, offensive,
hazardous or toxic nature of their operations.

36. Defendants, including its officers, agents, and/or employees, knew or in the
exercise of reasonable care should have known, of the dangerous, offensive,
hazardous or toxic nature of the combustible gases and hazardous chemicals
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 released by Defendants, and that they were capable of causing serious personal
injury to persons coming into contact with them, polluting the water supplies of the
Plaintiffs, damaging property and causing natural resource damage.

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37. Defendants, including their officers, agents, and/or employees, should have
taken reasonable precautions and measures to prevent or mitigate the releases and
spills, including the design and operation of process systems so that such releases
and spills did not occur, as well as adequate planning for such spills or releases or
other emergencies.

38. Defendants, including its officers, agents, and/or employees, knew, or in

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the exercise of reasonable care should have known, that once a spill or release
occurred, they should take reasonable measures to protect the public, including by
issuing immediate and adequate warnings to nearby residents, including Plaintiffs,
to emergency personnel and to public officials.

39. Defendants, including its officers, agents, and/or employees, knew or in the

exercise of reasonable care should have known, that the spills and releases caused
by Defendants negligent conduct, and the resultant harm to Plaintiffs and their
property, were foreseeable and inevitable consequences of Defendants acts and/or
omissions in the manner in which it engaged in its gas drilling and production
activities.

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 40.

Defendants, including their officers, agents, and/or employees, acted

unreasonably and negligently in causing the releases and spills and the
contamination of Plaintiffs’ water supplies and property, and failed to take

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reasonable measures and precautions necessary to avoid and/or respond to the
spills and releases of hazardous chemicals, and to protect the public, including the
Plaintiffs from hazardous chemicals.

41. Defendants acts and/or omissions mentioned herein were the direct and
proximate cause of the damages and injuries to Plaintiffs alleged herein.

42. Contamination resulting from the Defendants negligence continues to this

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day, and is likely to continue into the future, unless injunctive relief is awarded by
this Court abating the nuisances and enjoining Defendants from engaging in their
drilling and production activities in the Price #1 well area.

43. Some or all of the acts and/or omissions of the Defendants were grossly,

recklessly and wantonly negligent, and were done with utter disregard for the
consequences to Plaintiffs and other persons, and therefore, Plaintiffs are entitled
to an award of punitive damages.

44. Plaintiffs in no way contributed to the damages and injuries they have

sustained.

45. Defendants, by reason of its negligence, are liable for all the damages and

injuries to Plaintiffs proximately caused by the spills and releases of hazardous
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 chemicals indicated herein, and to remediate the contamination caused by such
spills and releases.
Third Cause of Action: Private Nuisance

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46. Plaintiffs repeat and reallege the allegations of paragraph “1” through “45”
of this Complaint, as though set forth in this paragraph at length.

47. Defendants, by its acts and/or omissions, including those of their officers,

agents, and/or employees, have caused an unreasonable and substantial
interference with Plaintiffs’ right to use and enjoy Plaintiffs’ property.
48.

Defendants, including its officers, agents and/or employees, have created

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and maintained a continuing nuisance in the Price #1 Well area, by allowing the
Well to exist and operate in a dangerous and hazardous condition, allowing the
spills and releases, and/or the threats of spills and releases, of hazardous chemicals,
and allowing the spills and releases to continue to spread to surrounding areas,
including Plaintiffs’ properties and drinking water supplies, resulting in injuries to
Plaintiffs’ health, well being and property.

49. This nuisance continues to this day, and is likely to continue into the future.

50. Defendants, by reason of this private nuisance, is liable for all the damages

and injuries to Plaintiffs proximately caused by the spills, releases and
contamination, and to remediate the contamination.

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 Fourth Cause of Action: Strict Liability
51. Plaintiffs repeat and reallege the allegations of paragraph “1” through “50”
of this Complaint, as though set forth in this paragraph at length.

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52. The hazardous chemicals and combustible gases used, processed, and stored
by Defendants is of a toxic and hazardous nature capable of causing severe
personal injuries and damages to persons and property coming in contact with
them, and therefore are ultra hazardous and abnormally dangerous.

53. The use, processing, storage, and activity of hydro-fracturing at Defendants
Price #1 Well, adjacent to or on residential properties, was and continues to be an

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abnormally dangerous and ultra hazardous activity, subjecting persons coming into
contact with the hazardous chemicals and combustible gases with severe personal
injuries, regardless of degree of caution Defendants might have exercised.
54. Defendants, by engaging in abnormally dangerous and ultra hazardous

activities, are strictly liable with regard to fault for all the damages and injuries to
Plaintiffs proximately caused by the spills, releases and contamination caused by
Defendants, and to remediate the contamination.

Fifth Cause of Action: Trespass

55. Plaintiffs repeat and reallege the allegations of paragraph “1” through “54”
of this Complaint, as though set forth in this paragraph at length.

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 56. Defendants aforementioned acts both constituted and resulted in such
physical invasion of their property, and the aquifers underlying their property, that
Plaintiffs have suffered damages to such property, and to the health and well-being

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of their family.
Sixth Cause of Action: Medical Monitoring Trust Funds

57. Plaintiffs repeat and reallege the allegations of paragraph “1” through “56”
of this Complaint, as though set forth in this paragraph at length.

58. As set forth above, as a result of Defendants negligent acts and/or
omissions, plaintiffs have been exposed to hazardous substances.

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59. The levels of hazardous substances to which plaintiffs have been exposed
are greater than normal background levels.

60. As a proximate result of their exposure to such hazardous substances,

Plaintiffs have a significantly increased risk of contracting a serious latent disease.
61. A monitoring procedure exists that makes the early detection of the disease

possible.

62. Such early detection will help to ameliorate the severity of the disease. The

prescribed monitoring regime is different from that normally recommended in the
absence of the exposure.

63. The prescribed monitoring regime is reasonably necessary according to

contemporary medical opinion.

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 WHEREFORE, upon the aforesaid Causes of Action, Plaintiffs seek the
following relief:
The reasonable and necessary costs of remediation of the hazardous
substances and contaminants;

ii.

A preliminary and permanent injunction barring Defendants from
engaging in the acts complained of and requiring Defendants to abate the
aforesaid nuisances, wrongful acts, violations and damages created by
them within the Price #1 Well Area;

iii.

The cost of future health monitoring;

iv.

Compensatory damages for the loss of property value,
natural resources of the environment in and around
properties, medical costs, loss of use and enjoyment of
loss of quality of life, emotional distress, personal injury
reasonable damages incidental to the claims.

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i.

damage to the
the Plaintiffs’
their property,
and such other

v.

Punitive damages for Defendants for fraudulent misrepresentation and
gross negligence

vi.

Plaintiffs’ litigation costs and fees; and

vii.

Any further relief that the Court may find appropriate.
DEMAND FOR JURY TRIAL

Plaintiffs hereby demand that the trial of all issues be heard by a Judge

sitting with jury.

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 RESPECTFULLY SUBMITTED,

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_____________________________
Michael Gleeson MD,FACS, JD, ESQ
#91830
Law Office of Dr Michael Gleeson
413 Deer Run Drive
Archbald, PA 18403
Telephone: 1-888-99MDLAW
(63529)

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Peter J. Cambs
Parker Waichman Alonso LLP
6 Harbor Park Drive
Port Washington, NY 11050
Telephone: (516) 466-6500
pcambs@yourlawyer.com
Richard J. Arsenault
Neblett, Beard & Arsenault
2220 Bonaventure Court
PO Box 1190
Alexandria, Louisiana 71301
Telephone: (800) 256 -1050

Daniel E. Becnel, Jr. (#2926)
Becnel Law Firm, LLC.
PO Box Drawer H
106 W. 7th Street
Reserve, LA 700084.
Telephone: (985) 536-1186
Telephone; (985) 536-6445
dbecnel@becnellaw.com

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