Finelyville Resident Lawsuit

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

GARY BAUMGARDNER, GEORGANN
BAUMGARDNER, RACHEL CECCHINI,
ANTONY CECCHINI, MIECZYSLAW
MICKEY GNIADEK, SABINE GNIADEK,
and GEORGE SIMMONS,
Plaintiffs,
v.
CHESAPEAKE APPALACHIA, LLC;
EQT PRODUCTION COMPANY; EQT
MIDSTREAM SERVICES, LLC;
TRAX FARMS, INC.; MATT AURILIO and
MASON DIXON ENERGY, LLC,
Defendants.
SERVICE INFORMATION:
CHESAPEAKE APPALACHIA, LLC
c/o C T Corporation System
116 Pine Street, Suite 320
Harrisburg, PA 17101
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CIVIL DIVISION
CASE No.:
HON. JUDGE:
Type of Pleading:
COMPLAINT
Filed on Behalf of:
Plaintiffs
Counsel of Record:
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
EQT PRODUCTION COMPANY

EQT MIDSTREAM SERVICES, LLC
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
MATT A/K/A MATTHEW AURILIO
29 Natchez Street
Pittsburgh, PA 15211-1903
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

CIVIL ACTION LAW
GARY BAUMGARDNER, GEORGANN
BAUMGARDNER, RACHEL CECCHINI,
ANTONY CECCHINI, MIECZYSLAW
MICKEY GNIADEK, SABINE GNIADEK,
and GEORGE SIMMONS,
Plaintiffs,
v.
CHESAPEAKE APPALACHIA, LLC;
EQT PRODUCTION COMPANY; EQT
MIDSTREAM SERVICES, LLC;
TRAX FARMS, INC; MATT AURILIO; and
MASON DIXON ENERGY, LLC,
Defendants.
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CASE No.:
JURY TRIAL DEMANDED
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
1.
This is an action by residents and/or owners of property in Washington County,
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.
2.
Plaintiffs, Plaintiffs homes, Plaintiffs properties, and Plaintiffs quality of life
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.
3.
Additionally, Plaintiffs were fraudulently or unconscionably misled or coerced
into leasing their gas rights to Defendant Chesapeake Appalachia,.

PARTIES
4.
Plaintiffs Gary and Georgann Baumgardner, (hereinafter referred to as
Baumgardners) are individuals who own and reside at 47 Cardox Road, Finleyville,
Pennsylvania, located in Union Township, Washington County.
5.
Plaintiffs Antony and Rachel Cecchini, (hereinafter referred to as Cecchinis)
are individuals who formerly resided at 53 Cardox Road, Finleyville, Pennsylvania, located in
Union Township, Washington County.
6.
Plaintiffs Mieczyslaw Mickey and Sabine Gniadek, (hereinafter referred to as
Gnaideks) are individuals who own and reside at 20 Cardox Road, Finleyville, Pennsylvania,
located in Union Township, Washington County.
7.
Plaintiff George Simmons is an individual who owns and resides at 53 Cardox
Road, Finleyville, Pennsylvania, located in Union Township, Washington County.

8.
Defendant Chesapeake Appalachia, LLC (hereinafter referred to as
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.
9.
Defendant Mason Dixon Energy, LLC (hereinafter referred to as Mason Dixon
Energy) is a Delaware Limited Liability Company, licensed to do business in the state of

Pennsylvania
10.
Defendant Matt a/k/a Matthew Aurilio (hereinafter referred to as Matt Aurilio)
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.
11.
Defendant EQT Production Company (hereinafter referred to as EQT) is a
Pennsylvania Corporation with its primary place of business at 625 Liberty Avenue, Suite 1700
Pittsburgh, Pennsylvania, Allegheny County.
12.
Defendant EQT Midstream Services, LLC (hereinafter referred to as EQT
Midstream) is a Pennsylvania Limited Liability Company with its primary place of business at
625 Liberty Avenue, Suite 1700 Pittsburgh, Pennsylvania, Allegheny County.
13.
Defendant Trax Farms, Inc. (hereinafter referred to as Trax Farms) is a
Pennsylvania Corporation with its primary place of business and registered office at 528 Trax
Rd., Finleyville, Pennsylvania in Washington County.
14.
Defendant Trax Farms is the landowner on whose property the wells and pipelines
at issue are located.

JURISDICTION AND VENUE
15.
Jurisdiction and venue are proper in the Circuit Court of Allegheny County
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.
GENERAL ALLEGATIONS
16.
Plaintiffs all have possessory interests in property in Washington County,
Pennsylvania.
17.
Since living in Washington County, the Plaintiffs had come to expect and enjoy
the quiet, fresh air, fresh water, privacy, darkness of night, and overall peacefulness of the area.
18.
As a result of the Defendants natural gas exploration, extraction, and related
activities in close proximity to Plaintiffs properties, Plaintiffs have suffered and continue to
suffer significant damages for which they are entitled to compensation.
19.
Prior to Defendants activities described herein, Plaintiffs had not experienced
any problems with air quality, emissions, noises, odors or any other environmental issues
impacting the peaceful habitation of their properties.
20.
Upon reasonable belief, Defendants Chesapeake, EQT, and EQT Midstream are
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).
21.
Upon reasonable belief, in 2010 Defendants Chesapeake, Mason Dixon Energy,
and Matt Aurilio approached the Baumgardners and Gniadeks at their homes regarding leasing
the mineral rights located under the properties identified above to Chesapeake.
22.
Upon reasonable belief, when Matt Aurilio approached the Baumgardners and
Gniadeks, Defendant Matt Aurilio made multiple misrepresentations about the nature and extent
of the leases for Plaintiffs mineral rights.
23.
Upon reasonable belief, Defendant Matt Aurilio stated to the Baumgardners and
Gniadeks that they wouldnt even know were here.

24.
Upon reasonable belief, Defendant Matt Aurilio stated to Plaintiffs that if
Plaintiffs did not lease their rights to Chesapeake, Chesapeake would simply take the gas anyway
without Plaintiffs having any recourse.
25.
In particular, Defendant Matt Aurilio made misleading statements about the effect
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.
26.
The actions of Matt Aurilio in misleading the Baumgardners and Gniadeks on
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.
27.
As outlined in a March 13, 2014 article published by ProPublica entitled
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.
28.
Even former Pennsylvania Governor Tom Corbett has expressed concerns about
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
A copy of the full story is available at http://www.propublica.org/article/chesapeake-energys-5billion-shuffle

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to receive straightforward answers from [from Chesapeake] have led to even more
confusion.2
29.
Concerns over Chesapeakes efforts to defraud Pennsylvania landowners have
been so pervasive as to lead Former Governor Corbett to urge the Attorney General to examine
the issue.3
30.
In or around October 2013, Defendant Chesapeake began drilling wells on the
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.
31.
Plaintiffs properties are all in very close proximity to Defendants oil and/or
natural gas drilling, exploration, extraction, transportation, and related activities.

32.
Plaintiffs properties are all within approximately 485 and 920 feet from the well
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.
33.
The well pad identified in the preceding paragraph (hereinafter referred to as
Trax Farms Pad), to the best of Plaintiffs knowledge, currently consists of 11 wells.
34.
Defendants EQT and EQT Midstream (hereinafter sometimes referred to
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
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).
35.
At all times mentioned herein, in order to extract natural gas from their wells,
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.
36.
The equipment, vehicles, machinery, and/or processes used in EQT Defendants
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).
37.
Defendants Natural Gas Activities, and specifically the fracturing process, often
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.
38.
Defendants Natural Gas Activities and Instrumentalities frequently produce
releases, spills, emissions or discharges of hazardous gases and materials, chemicals, and other
industrial/hazardous wastes.
39.
EQT Defendants Natural Gas Activities use substantial gas and diesel powered
vehicles and engines, which produce frequent, substantial, and harmful emissions and pollutants.
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.
40.
In addition, on or around December 4, 2013, Plaintiff Mickey Gniadek
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.
41.
Since the incident described above, Plaintiffs have lived with frequent and
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.
42.
EQT Defendants Natural Gas Activities use substantial gas and diesel powered
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.
43.
EQT Defendants Natural Gas Activities are largely conducted without regard for
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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44.
Upon reasonable belief, EQT Defendants have, however, made efforts to
accommodate Defendant Trax Farms by suspending or limiting operations during economically

important dates in Trax Farms schedule.
45.
On multiple and frequent occasions, some Plaintiffs have experienced noise
levels, resulting from Defendant EQTs operations, inside their homes in excess of 80 decibels.4
46.
The noises emitted by EQTs operations frequently exceeds the limitation on
noise emissions prescribed in the Union Township Zoning Ordinance, Ordinance No. 106,
1601.4.
47.
Defendants EQTs Natural Gas Activities often result in the flaring, burning, or
otherwise venting of natural gas, which results in excessive harmful emissions which frequently
invade Plaintiffs properties and substantially contribute to Plaintiffs injuries and damages.
48.
EQT Defendants Natural Gas Activities also frequently cause fugitive emissions,
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.
49.
EQT Defendants Natural Gas Activities also frequently cause excessive and
offensive vibrations which can be observed and experienced on Plaintiffs properties and in
Plaintiffs homes.
50.
The vibrations caused by EQT Defendants Natural Gas Activities violate Sec.
1601.5 of the Union Township Zoning Ordinance.
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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51.
EQT Defendants Natural Gas Activities frequently produce excessive and
offensive odors which can be observed and experienced on Plaintiffs properties.

52.
The odors produced by EQT Defendants Natural Gas Activities violate Sec.
1601.6 of the Union Township Zoning Ordinance.

53.
Upon reasonable belief, Defendants have long been aware of the dangers and
health risks posed by their Natural Gas Activities and the Instrumentalities used therein.
54.
In or around January 2014, Defendant EQT provided Plaintiffs with a proposed
Noise and Nuisance Easement. (hereinafter referred to as the Easement)

55.
The proposed Easement specifically seeks a right-of-way over Plaintiffs
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.
56.
At the time Defendant Trax Farms leased his property to Chesapeake for
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.
57.
EQT Defendants Natural Gas Activities, acts, omissions, and Instrumentalities
are within EQT Defendants exclusive control, are dangerous, and have caused grave harms to
Plaintiffs.
58.
Upon reasonable belief, EQT Defendants are responsible for all Natural Gas
Activities, Instrumentalities, actions, and/or inactions and the well pads identified above.
59.
Due to EQT Defendants Natural Gas Activities, and other of Defendants actions
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.
60.
EQT Defendants Natural Gas Activities, actions, and/or omissions were
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)
61.
Plaintiffs incorporate all preceding paragraphs above as if fully set forth herein.
62.
Natural Gas Defendants, through their intentional, negligent, and/or unreasonable
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.

63.
The aforementioned list is by no means exhaustive or exclusive, and Plaintiff does
not waive his right to submit additional evidence of such issues throughout the course of this
case.
64.
Upon reasonable belief, Defendant Trax Farms agreed to or participated in the
choice of location of Defendants Chesapeakes and later EQT and EQT Midstreams operations.
65.
Upon reasonable belief, Defendant Trax Farms knew or should have known, at
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.
66.
Because Defendant Trax Farms leased its property with actual or constructive
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.
67.
As a proximate result of Natural Gas Defendants Natural Gas Activities, acts,
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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68.
Natural Gas Defendants conduct has been so egregious as to drive Plaintiff Gary
Baumgardner from his home and effectively make his property unlivable.
69.
EQT Defendants, aware of the inconvenience and annoyance inflicted on Plaintiff
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.
70.
EQT Defendants conduct constitutes a frequent and continued temporary
nuisance to Plaintiff Gary Baumgardner.

71.
EQT Defendants, including their officers, agents, and/or employees knew or
should have been substantially certain that their Natural Gas Activities would create and
maintain such a repeated and continuing nuisance to Plaintiff Gary Baumgardner.
72.
Each of the aforesaid frequent or repeating injurious conditions created by EQT
Defendants are reasonably and practicably abatable through better operation, procedures,
management, repair, technology, oversight, maintenance, or otherwise.
73.
However, EQT Defendants have failed to take known reasonable, practicable, and
necessary steps to abate, minimize, or eliminate such conditions.

74.
EQT Defendants Natural Gas Activities, acts and/or omissions, and use of
property have been and continue to be unreasonable and abnormally dangerous.

75.
EQT Defendants have repeatedly concealed the dangerous nature of their
Natural Gas Activities and the impact these activities have upon nearby landowners and the
environment.
76.
As a result, EQT Defendants are liable for all of the damages and injuries to
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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77.
Further, some or all of the EQT Defendants Natural Gas Activities, acts, and/or
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)
78.
79.
interfered with Plaintiff Georgann Baumgardners use and enjoyment of her property through the
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80.
not waive her right to submit additional evidence of such issues throughout the course of this
case.
81.
82.
and continue to be perpetrated against Plaintiff Georgann Baumgardner.
83.
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.
84.
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.
85.
Natural Gas Defendants conduct has been so egregious as to drive Plaintiff
Georgann Baumgardner from her home and effectively make her property unlivable.
86.
EQT Defendants, aware of the inconvenience and annoyance inflicted on Plaintiff
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
87.
nuisance to Plaintiff Georgann Baumgardner.

88.
maintain such a repeated and continuing nuisance to Plaintiff Georgann Baumgardner.
89.
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90.

91.

92.
environment.
93.
Plaintiff Georgann Baumgardner caused by their repeated acts and/or omissions and natural gas
94.
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,
95.
96.
interfered with Plaintiff Rachel Cecchinis use and enjoyment of her property through the
97.
case.
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98.
99.
and continue to be perpetrated against Plaintiff Rachel Cecchini.
100.
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
101.
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.
102.
Specifically, Plaintiff Rachel Cecchini was forced to leave the property she was
residing at because of fears for the health of herself and her unborn child as a result of Natural
Gas Defendants actions.
103.
Rachel Cecchini from her home and effectively make her property unlivable.
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104.
nuisance to Plaintiff Rachel Cecchini.

105.
maintain such a repeated and continuing nuisance to Plaintiff Rachel Cecchini.
106.
107.

108.

109.
environment.
110.
Plaintiff Rachel Cecchini caused by their repeated acts and/or omissions and natural gas
111.
Plaintiff Rachel Cecchinis rights and therefore, Plaintiff Rachel Cecchini is entitled to an award
of punitive damages.
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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,
112.
113.
interfered with Plaintiff Antony Cecchinis use and enjoyment of his property through the
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114.
case.
115.
116.
and continue to be perpetrated against Plaintiff Antony Cecchini.
117.
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
118.
and/or omissions, Plaintiff Antony Cecchini has suffered frequent, substantial, and significant
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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.
119.
Specifically, Plaintiff Antony Cecchini was forced to leave the property he was
residing at because of fears for the health of himself and his unborn child as a result of Natural
Gas Defendants actions.
120.
Antony Cecchini from his home and effectively make his property unlivable.
121.
nuisance to Plaintiff Antony Cecchini.

122.
maintain such a repeated and continuing nuisance to Plaintiff Antony Cecchini.
123.
124.

125.

126.
environment.
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127.
Plaintiff Antony Cecchini caused by their repeated acts and/or omissions and natural gas
128.
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,
129.
130.
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interfered with Plaintiff Mickey Gniadeks use and enjoyment of his property through the
131.
case.
132.
133.
and continue to be perpetrated against Plaintiff Mickey Gniadek.
27
134.
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
135.
and/or omissions, Plaintiff Mickey Gniadek has suffered frequent, substantial, and significant
136.
Natural Gas Defendants conduct has been so egregious as to effectively make
Plaintiff Mickey Gniadeks property unlivable.

137.
nuisance to Plaintiff Mickey Gniadek.

138.
maintain such a repeated and continuing nuisance to Plaintiff Mickey Gniadek.
139.
140.
28

141.

142.
environment.
143.
Plaintiff Mickey Gniadek caused by their repeated acts and/or omissions and natural gas
144.
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
29
COUNT VI PRIVATE CONTINUING TEMPORARY NUISANCE

PLAINTIFF SABINE GNIADEK vs. DEFENDANTS EQT, EQT MIDSTREAM,
145.
146.
interfered with Plaintiff Sabine Gniadeks use and enjoyment of her property through the
147.
case.
148.
30
149.
and continue to be perpetrated against Plaintiff Sabine Gniadek.
150.
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
151.
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.
152.
Sabine Gniadek from her home and effectively make her property unlivable.
153.
nuisance to Plaintiff Sabine Gniadek.

154.
maintain such a repeated and continuing nuisance to Plaintiff Sabine Gniadek.
31
155.
156.

157.

158.
environment.
159.
Plaintiff Sabine Gniadek caused by their repeated acts and/or omissions and natural gas
160.
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
32
COUNT VII PRIVATE CONTINUING TEMPORARY NUISANCE
PLAINTIFF GEORGE SIMMONS vs. DEFENDANTS EQT, EQT MIDSTREAM,
161.
162.
interfered with Plaintiff George Simmons use and enjoyment of his property through the
33
163.
case.
164.
165.
and continue to be perpetrated against Plaintiff George Simmons.
166.
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
167.
and/or omissions, Plaintiff George Simmons has suffered frequent, substantial, and significant
168.
Natural Gas Defendants conduct has been so egregious as to effectively make
Plaintiff George Simmonss property unlivable.
34
169.
nuisance to Plaintiff George Simmons.

170.
maintain such a repeated and continuing nuisance to Plaintiff George Simmons.
171.
172.

173.

174.
environment.
175.
Plaintiff George Simmons caused by their repeated acts and/or omissions and natural gas
176.
Plaintiff George Simmons rights and therefore, Plaintiff George Simmons is entitled to an award
35
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)
177.
Plaintiffs incorporate the preceding paragraphs above as if fully set forth below.
178.
Defendants Chesapeake, EQT, and EQT Midstream, at all times relevant herein,
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;
36
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;
37
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.
179.
not waive his right to submit additional evidence of additional duties throughout the course of
this case.
180.
Defendants Chesapeake, EQT, and EQT Midstream, including their officers,
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.
181.
Defendants Chesapeake, EQT, and EQT Midstream knew or should have known
that Defendants Natural Gas Activities, acts, omissions, and use of Instrumentalities were
negligent.
182.
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.
38
183.
Further, the doctrine of res ipsa loquitor applies because (i) the character of
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.
184.
Further, some or all of the acts and/or omissions of Defendants Chesapeake, EQT,
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.
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 abovedescribed 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)
185.
39
186.
omissions:
Plaintiffs property or otherwise impair her use and enjoyment of her
property;
Defendants control;
contractors;
40

Activities;
187.
not waive her right to submit additional evidence of additional duties throughout the course of
this case.
188.
41
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.
189.
negligent.
190.
Instrumentalities.
191.
instrumentality that caused Plaintiff Georgann Baumgardners injuries were under the sole
management and control of Defendants Chesapeake, EQT, and EQT Midstream.
192.
were done with utter disregard for Plaintiff Georgann Baumgardners rights and therefore,
Plaintiff Georgann Baumgardner is entitled to an award of punitive damages.
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
42
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)
193.
194.
omissions:
Natural Gas Activities and Instrumentalities so as not to injure Plaintiff or
otherwise impair her use and enjoyment of her property;
Defendants control;
43

contractors;
Activities;
44

195.
this case.
196.
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.
197.
negligent.
198.
Instrumentalities.
199.
instrumentality that caused Plaintiff Rachel Cecchinis injuries were under the sole management
and control of Defendants Chesapeake, EQT, and EQT Midstream.
45
200.
were done with utter disregard for Plaintiff Rachel Cecchinis rights and therefore, Plaintiff
Rachel Cecchini is entitled to an award of punitive damages.
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)
201.
202.
omissions:
Natural Gas Activities and Instrumentalities so as not to injure Plaintiff or
otherwise impair his use and enjoyment of his property;
46

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;
47

203.
this case.
204.
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.
205.
negligent.
48
206.
Instrumentalities.
207.
instrumentality that caused Plaintiff Antony Cecchinis injuries were under the sole management
208.
were done with utter disregard for Plaintiff Antony Cecchinis rights and therefore, Plaintiff
Antony Cecchini is entitled to an award of punitive damages.
against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Antony Cecchini
sufficient to compensate Plaintiff Antony Cecchini for all of his injuries and damages; for
COUNT XII CONTINUING NEGLIGENCE
(PLAINTIFF MICKEY GNIADEK vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
49
209.
210.
omissions:
Plaintiffs property or otherwise impair his use and enjoyment of his property;
Defendants control;
contractors;
50

Activities;
211.
this case.
212.
51
Mickey Gniadek, and were otherwise repeatedly and frequently negligent, thereby directly and
proximately causing significant damages to Plaintiff Mickey Gniadek for which he is entitled to
compensation.
213.
negligent.
214.
Instrumentalities.
215.
instrumentality that caused Plaintiff Mickey Gniadeks injuries were under the sole management
216.
were done with utter disregard for Plaintiff Mickey Gniadeks rights and therefore, Plaintiff
Mickey Gniadek is entitled to an award of punitive damages.
against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Mickey Gniadek
sufficient to compensate Plaintiff Mickey Gniadek for all of his injuries and damages; for
52
COUNT XIII CONTINUING NEGLIGENCE
(PLAINTIFF SABINE GNIADEK vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
217.
218.
omissions:
Plaintiffs property or otherwise impair her use and enjoyment of her
property;
Defendants control;
53

contractors;
Activities;
54

219.
this case.
220.
Sabine Gniadek, and were otherwise repeatedly and frequently negligent, thereby directly and
proximately causing significant damages to Plaintiff Sabine Gniadek for which she is entitled to
compensation.
221.
negligent.
222.
Instrumentalities.
223.
instrumentality that caused Plaintiff Sabine Gniadeks injuries were under the sole management
55
224.
were done with utter disregard for Plaintiff Sabine Gniadeks rights and therefore, Plaintiff
Sabine Gniadek is entitled to an award of punitive damages.
against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff Sabine Gniadek
sufficient to compensate Plaintiff Sabine Gniadek for all of her injuries and damages; for
COUNT XIV CONTINUING NEGLIGENCE
(PLAINTIFF GEORGE SIMMONS vs. DEFENDANTS CHESAPEAKE, EQT, AND EQT
MIDSTREAM)
225.
226.
omissions:
Plaintiffs property or otherwise impair their use and enjoyment of their
property;
56

Defendants control;
contractors;
Activities;
57

227.
this case.
228.
George Simmons, and were otherwise repeatedly and frequently negligent, thereby directly and
proximately causing significant damages to Plaintiff George Simmons for which he is entitled to
compensation.
229.
negligent.
58
230.
Instrumentalities.
231.
instrumentality that caused Plaintiff George Simmons injuries were under the sole management
232.
were done with utter disregard for Plaintiff George Simmonss rights and therefore, Plaintiff
George Simmons is entitled to an award of punitive damages.
against Defendants Chesapeake, EQT, and EQT Midstream, awarding Plaintiff George Simmons
sufficient to compensate Plaintiff George Simmons for all of his injuries and damages; for
COUNT XV CONTINUING NEGLIGENCE
(PLAINTIFF GARY BAUMGARDNER vs. DEFENDANT TRAX FARMS)
233.
59
234.
On our around 2010, Defendant Trax Farms leased or conveyed some amount of
property, or the right to use some amount of property, in close proximity to Plaintiffs home to
Defendant Chesapeake and later to EQT for use in their Natural Gas Activities.
235.
Upon reasonable belief, Defendant Trax Farms negligently allowed and aided
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff Gary
Baumgardner through its decision to lease the property at issue to Defendant Chesapeake.
236.
Upon reasonable belief, Defendant Trax Farms knew or should have known that
the activities planned by Defendants Chesapeake, EQT, and EQT Midstream, and the manner in
which they planned to conduct those activities were likely to cause harm to Plaintiff Gary
Baumgardner and his right to use and enjoy his property.
237.
Further, some or all of the acts and/or omissions of Defendant Trax Farms
described herein, including those of their officers, agents, contractors, lessees and/or employees,
were intentional and/or grossly, recklessly, and/or wantonly negligent, and were done with utter
disregard for the Plaintiff Gary Baumgardners rights and therefore, Plaintiff Gary Baumgardner
is entitled to an award of punitive damages.
against Defendant Trax Farms, 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 Plaintiff Gary Baumgardners injuries and damages; for
punish Defendant Trax Farms, for the above-described conduct and to deter others from like
60
COUNT XVI CONTINUING NEGLIGENCE

(PLAINTIFF GEORGANN BAUMGARDNER vs. DEFENDANT TRAX FARMS)
238.
239.
240.
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff Georgann
Baumgardner through its decision to lease the property at issue to Defendant Chesapeake.
241.
which they planned to conduct those activities were likely to cause harm to Plaintiff Georgann
Baumgardner and her right to use and enjoy her property.
242.
disregard for the Plaintiff Georgann Baumgardners rights and therefore, Plaintiff Georgann
Baumgardner is entitled to an award of punitive damages.
severally, against Defendant Trax Farms, 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 Plaintiff Georgann
Baumgardners 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 Defendant Trax Farms, for the above61
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 XVII CONTINUING NEGLIGENCE
(PLAINTIFF RACHEL CECCHINI vs. DEFENDANT TRAX FARMS)
243.
244.
245.
Chesapeake and EQT in creating and continuing a nuisance affecting Rachel Cecchini through
its decision to lease the property at issue to Defendant Chesapeake.
246.
which they planned to conduct those activities were likely to cause harm to Plaintiff Rachel
Cecchini and her right to use and enjoy her property.
247.
disregard for Plaintiff Rachel Cecchinis rights and therefore, Plaintiff Rachel Cecchini is
against Defendant Trax Farms, 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
62
Plaintiff Rachel Cecchini for all of Plaintiff Rachel Cecchinis 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
Defendant Trax Farms, 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 XVIII CONTINUING NEGLIGENCE
(PLAINTIFF ANTONY CECCHINI vs. DEFENDANT TRAX FARMS)
248.
249.
250.
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff Antony Cecchini
through its decision to lease the property at issue to Defendant Chesapeake.
251.
which they planned to conduct those activities were likely to cause harm to Plaintiff Antony
Cecchini and his right to use and enjoy his property.
252.
disregard for the Plaintiff Antony Cecchinis rights and therefore, Plaintiff Antony Cecchini is
63
against Defendant Trax Farms, awarding Plaintiff Antony Cecchini actual damages in a fair and
Plaintiff Antony Cecchini for all of Plaintiff Antony Cecchinis injuries and damages; for
COUNT XIX CONTINUING NEGLIGENCE
(PLAINTIFF MICKEY GNIADEK vs. DEFENDANT TRAX FARMS)
253.
254.
255.
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff Mickey Gniadek
256.
which they planned to conduct those activities were likely to cause harm to Plaintiff Mickey
Gniadek and his right to use and enjoy his property.
257.
64
disregard for the Plaintiff Mickey Gniadeks rights and therefore, Plaintiff Mickey Gniadek is
against Defendant Trax Farms, awarding Plaintiff Mickey Gniadek actual damages in a fair and
Plaintiff Mickey Gniadek for all of Plaintiff Mickey Gniadeks injuries and damages; for
COUNT XX CONTINUING NEGLIGENCE
(PLAINTIFF SABINE GNIADEK vs. DEFENDANT TRAX FARMS)
258.
259.
property, or the right to use some amount of property, in close proximity to Plaintiffshome to
260.
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff Sabine Gniadek
261.
which they planned to conduct those activities were likely to cause harm to Plaintiff Sabine
Gniadek and her right to use and enjoy her property.
65
262.
disregard for the Plaintiff Sabine Gniadeks rights and therefore, Plaintiff Sabine Gniadek is
against Defendant Trax Farms, awarding Plaintiff Sabine Gniadek actual damages in a fair and
Plaintiff Sabine Gniadek for all of Plaintiff Sabine Gniadeks 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
Defendant Trax Farms, 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 XXI CONTINUING NEGLIGENCE
(PLAINTIFF GEORGE SIMMONS vs. DEFENDANT TRAX FARMS)
263.
264.
265.
Chesapeake and EQT in creating and continuing a nuisance affecting Plaintiff George Simmons
266.
66
which they planned to conduct those activities were likely to cause harm to Plaintiff George
Simmons and his right to use and enjoy his property.
267.
disregard for the Plaintiff George Simmons rights and therefore, Plaintiff George Simmons is
against Defendant Trax Farms, awarding Plaintiff George Simmons actual damages in a fair and
Plaintiff George Simmons for all of Plaintiff George Simmons injuries and damages; for
COUNT XXII FRAUDULENT INDUCEMENT/DECLARATORY JUDGMENT
(PLAINTIFF GARY BAUMGARDNER vs. DEFENDANTS CHESAPEAKE, MASON
DIXON ENERGY, & MATT AURILIO)
268.
269.
Before drilling occurred, Defendants Chesapeake, Mason Dixon Energy, and Matt
Aurilio approached Gary Baumgardner at his home regarding leasing the mineral rights located
under the property located at 47 Cardox Road, Finleyville, Pennsylvania, to Chesapeake.
270.
As stated above, Defendant Matt Aurilio made numerous false or misleading
statements pertaining to the nature of the lease of Plaintiff Gary Baumgardners property,
67
including the effect of the arbitration clause, the impact and nature of Defendants activities near
Plaintiff Gary Baumgardners property, and Plaintiff Gary Baumgardners rights and options
relating to signing of the lease in the first place.
271.
Defendant Matt Aurilio, at the direction or for the benefit of Defendants
Chesapeake and Mason Dixon Energy, also made numerous statements intended to convince
Plaintiff Gary Baumgardner that he had no real choice not to sign the proposed lease because not
signing would not, according to Matt Aurilio, prevent Defendants from conducting their Natural
Gas Activities or taking the resources located below Plaintiff Gary Baumgardners property.
272.
Further, the statements by Defendant Matt Aurilio and the language of the lease at
issue made no statements or indications as to the specific nature or extent of Defendants Natural
Gas Activities or their potential or eventual impact on Plaintiff Gary Baumgardner, his property,
or his right and ability to use and enjoy his property.
273.
Defendant Matt Aurilio made the above statements with actual or constructive
knowledge or with reckless disregard as to their falsity or misleading nature.

274.
Defendant Matt Aurilio made the above statements with the intent of misleading
Plaintiff Gary Baumgardner into relying on his statements, to the benefit of Defendants Mason
Dixon Energy and Chesapeake and to the detriment of Plaintiff Gary Baumgardner.
275.
Plaintiff Gary Baumgardner was justified in relying of Defendant Matt Aurilios
statements because of the complex and unknown nature of Defendants activities and the
overwhelmingly uneven bargaining power between the parties.
276.
As a direct and proximate cause of Plaintiff Gary Baumgardners reliance on
Defendant Matt Aurilios fraud and deception, Plaintiff Gary Baumgardner has been injured or
will be injured by enforcement of the arbitration clause contained in the lease at issue.
68
WHEREFORE, the Plaintiff Gary Baumgardner prays for judgment against Defendants
Matt Aurilio, Mason Dixon Energy, and Chesapeake Appalachia, LLC, jointly and severally,
voiding the leases between Plaintiff Gary Baumgardner and Defendant for the property identified
above, and giving no effect to any provisions contained therein, including, but not limited to, any
clauses requiring arbitration, any and all damages caused by the nuisance created by Defendants
in close proximity to Plaintiffs property, 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 XXIII FRAUDULENT INDUCEMENT
(PLAINTIFF GEORGANN BAUMGARDNER vs. DEFENDANTS CHESAPEAKE,
MASON DIXON ENERGY, & MATT AURILIO)
277.
278.
Before drilling occurred, Defendants Chesapeake, Mason Dixon Energy, and Matt
Aurilio approached Georgann Baumgardner at her home regarding leasing the mineral rights
located under the properties located at 47 Cardox Road and 53 Cardox Road, Finleyville,
Pennsylvania, to Chesapeake.
279.
statements pertaining to the nature of the leases of Plaintiff Georgann Baumgardners property,
including the effect of the arbitration clause, the impact and nature of Defendants activities near
Plaintiff Georgann Baumgardners property, and Plaintiff Georgann Baumgardners rights and
options relating to signing of the leases in the first place.
280.
Defendant Matt Aurilio, at the direction or for the benefit of Defendants Mason
Dixon Energy and Chesapeake, also made numerous statements intended to convince Plaintiff
Georgann Baumgardner thats she had no real choice not to sign the proposed leases because not
signing would not, according to Matt Aurilio, prevent Defendants from conducting their Natural
69
Gas Activities or taking the resources located below Plaintiff Georgann Baumgardners
properties.
281.
Further, the statements of Defendant Matt Aurilio and the language of the leases
at issue made no statements or indications as to the specific nature or extent of Defendants

Natural Gas Activities or their potential or eventual impact on Plaintiff Georgann Baumgardner,
her properties, or her right and ability to use and enjoy her properties.
282.

283.
Plaintiff Georgann Baumgardner into relying on his statements, to the benefit of Defendants and
the detriment of Plaintiff Georgann Baumgardner.
284.
Plaintiff Georgann Baumgardner was justified in relying of Defendant Matt
Aurilios statements because of the complex and unknown nature of Defendants activities and
the overwhelmingly uneven bargaining power between the parties.
285.
As a direct and proximate cause of Plaintiff Georgann Baumgardners reliance on
Defendant Matt Aurilios fraud and deception, Plaintiff Georgann Baumgardner has been injured
or will be injured by enforcement of the arbitration clause contained in the leases at issue.
WHEREFORE, the Plaintiff Georgann Baumgardner prays for judgment against
Defendants Matt Aurilio, Mason Dixon Energy, and Chesapeake Appalachia, LLC, jointly and
severally, voiding the leases between Plaintiff Georgann Baumgardner and Defendant for the
property identified above, and giving no effect to any provisions contained therein, including, but
not limited to, any clauses requiring arbitration, any and all damages caused by the nuisance
created by Defendants in close proximity to Plaintiffs properties, that the costs of this action be
70
assessed against Defendants; and for such other and further relief as the Court may deem just and
appropriate.
COUNT XXIV FRAUDULENT INDUCEMENT
(PLAINTIFF MICKEY GNIADEK vs. DEFENDANTS CHESAPEAKE & MATT
AURILIO)
286.
287.
Before drilling occurred, Defendants Chesapeake and Matt Aurilio approached
Mickey Gniadek at his home regarding leasing the mineral rights located under the property
located at 20 Cardox Road, Finleyville, Pennsylvania, to Chesapeake.
288.
statements pertaining to the nature of the lease of Plaintiff Mickey Gniadeks property, including
the effect of the arbitration clause, the impact and nature of Defendants activities near Plaintiff
Mickey Gniadeks property, and Plaintiff Mickey Gniadeks rights and options relating to
signing of the lease in the first place.
289.
Defendant Matt Aurilio, at the direction or for the benefit of Defendant
Chesapeake, also made numerous statements intended to convince Plaintiff Mickey Gniadek that
he had no real choice not to sign the proposed lease because not signing would not, according to
Matt Aurilio, prevent Defendants from conducting their Natural Gas Activities or taking the
resources located below Plaintiff Mickey Gniadeks property.
290.

291.
Plaintiff Mickey Gniadek into relying on his statements, to the benefit of Defendants and the
detriment of Plaintiff Mickey Gniadek.
71
292.
Plaintiff Mickey Gniadek was justified in relying of Defendant Matt Aurilios
293.
Further, the lease at issue makes no statements or indications as to the specific
nature or extent of Defendants Natural Gas Activities or their potential or eventual impact on
Plaintiff Mickey Gniadek, his property, or his right and ability to use and enjoy his property.
294.
As a direct and proximate cause of Plaintiff Mickey Gniadeks reliance on
Defendant Matt Aurilios fraud and deception, Plaintiff Mickey Gniadek has been injured or will
be injured by enforcement of the arbitration clause contained in the lease at issue.
WHEREFORE, the Plaintiff Mickey Gniadek prays for judgment against Defendants
voiding the leases between Plaintiff Mickey Gniadek and Defendant for the property identified
in close proximity to Plaintiffs properties, that the costs of this action be assessed against
COUNT XXIV FRAUDULENT INDUCEMENT
(PLAINTIFF SABINE GNIADEK vs. DEFENDANTS CHESAPEAKE & MATT
AURILIO)
295.
296.
Before drilling occurred, Defendants Chesapeake and Matt Aurilio approached
Sabine Gniadek at her home regarding leasing the mineral rights located under the property
located at 20 Cardox Road, Finleyville, Pennsylvania, to Chesapeake.
72
297.
statements pertaining to the nature of the lease of Plaintiff Sabine Gniadeks property, including
the effect of the arbitration clause, the impact and nature of Defendants activities near Plaintiff
Sabine Gniadeks property, and Plaintiff Sabine Gniadeks rights and options relating to signing
of the lease in the first place.
298.
Defendant Matt Aurilio, at the direction or for the benefit of Defendant
Chesapeake, also made numerous statements intended to convince Plaintiff Sabine Gniadek that
she had no real choice not to sign the proposed lease because not signing would not, according to
Matt Aurilio, prevent Defendants from conducting their Natural Gas Activities or taking the
resources located below Plaintiff Sabine Gniadeks property.
299.

300.
Plaintiff Sabine Gniadek into relying on his statements, to the benefit of Defendants and the
detriment of Plaintiff Sabine Gniadek.
301.
Plaintiff Sabine Gniadek was justified in relying of Defendant Matt Aurilios
302.
Further, the lease at issue makes no statements or indications as to the specific
nature or extent of Defendants Natural Gas Activities or their potential or eventual impact on
Plaintiff Sabine Gniadek, her property, or her right and ability to use and enjoy her property.
73
303.
As a direct and proximate cause of Plaintiff Sabine Gniadeks reliance on
Defendant Matt Aurilios fraud and deception, Plaintiff Sabine Gniadek has been injured or will
be injured by enforcement of the arbitration clause contained in the lease at issue.
WHEREFORE, the Plaintiff Sabine Gniadek prays for judgment against Defendants
voiding the leases between Plaintiff Sabine Gniadek and Defendant for the property identified
in close proximity to Plaintiffs properties, that the costs of this action be assessed against
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by jury.
Date: March 19, 2015
Respectfully submitted,
SPEER LAW FIRM, P.A.
By: /s/ Peter Britton Bieri

Peter Britton Bieri (PA Bar 314960)
SPEER LAW FIRM, P.A.
104 W. 9th Street, Suite 400
Kansas City, MO 64105
Phone: (816) 472-3560
Fax: (816) 421-2150
74
Edward Ciarimboli (PA Bar No. 85904)

Fellerman & Ciarimboli
183 Market Street
Suite 200
Kingston, PA 18704
Phone: (570) 714-4878
Fax: (570) 714-7255
Attorneys for Plaintiffs
75

Finelyville Resident Lawsuit

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Finelyville Resident Lawsuit

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COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

CIVIL ACTION LAW

EQT PRODUCTION COMPANY

COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA

JURY TRIAL DEMANDED

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

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

Additionally, Plaintiffs were fraudulently or unconscionably misled or coerced

into leasing their gas rights to Defendant Chesapeake Appalachia,.

Plaintiffs Gary and Georgann Baumgardner, (hereinafter referred to as

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

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

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

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

Defendant Chesapeake Appalachia, LLC (hereinafter referred to as

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

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

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

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

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

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

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

at issue are located.

Plaintiffs all have possessory interests in property in Washington County,

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

Prior to Defendants activities described herein, Plaintiffs had not experienced

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

Gniadeks that they wouldnt even know were here.

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

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

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

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

Concerns over Chesapeakes efforts to defraud Pennsylvania landowners have

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

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

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

Defendants EQT and EQT Midstream (hereinafter sometimes referred to

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

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

Defendants Natural Gas Activities and Instrumentalities frequently produce

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

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

accommodate Defendant Trax Farms by suspending or limiting operations during economically

On multiple and frequent occasions, some Plaintiffs have experienced noise

The noises emitted by EQTs operations frequently exceeds the limitation on

1601.5 of the Union Township Zoning Ordinance.

EQT Defendants Natural Gas Activities frequently produce excessive and

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

1601.6 of the Union Township Zoning Ordinance.

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

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

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

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

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

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

h. other associated problems.

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

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

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

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

EQT Defendants conduct constitutes a frequent and continued temporary

nuisance to Plaintiff Gary Baumgardner.

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

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