WPX motion to remove equip Franklin Forks w/exhibits

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

TAMMY MANNING and MATTHEW MANNING, individually; BRYANNE BURTON, individually and as Parent and Natural Guardian of M.B. and J.M.; AMANDA GRONDlN, individually and as Parent and Natural Guardian of E.G.; ROBERT LEE, JR., individually; TAMMY HADLICK, individually; and SCOTT HENRY, individually;

Plaintiffs,

v.

WPX ENERGY INC.; THE WILLIAMS : COMPANIES, INC.; and WPX ENERGY : APPALACHIA, LLC;

Defendants.

No. 3:12-cv-646

District Judge A. Richard Caputo

DEFENDANT WPX ENERGY APPALACHIA, LLC'S MOTION TO PERMIT ENTRY ONTO LAND FOR THE REMOVAL OF EQUIPMENT

Defendant WPX Energy Appalachia, LLC ("WPX"), by and through its undersigned

counsel, moves this Court for an order granting WPX entry onto the Plaintiffs' properties for the

limited purpose of removing water buffalos and associated equipment owned by WPX. In

support thereof, WPX states as follows:

1. On October 3, 2013, Plaintiffs filed a Third Amended Complaint in the above-

captioned matter by which they added Tammy Hadlick and Scott Henry as Plaintiffs to this

action. (See Docket No. 41.)

2. The Third Amended Complaint avers that the oil and gas drilling activities of the

Defendants has allegedly caused the release, spill and/or discharge of gases, hazardous chemicals

(B1358495,5)

Case 3:12-cv-00646-ARC Document 44 Filed 11/04/13 Page 1 of 8

and industrial wastes resulting in environmental contamination to the Plaintiffs' potable water

supplies. (Docket No. 41, at ¶J 4-5.)

3. Plaintiffs Tammy Manning and Tammy Hadlick filed complaints with the

Pennsylvania Department of Environmental Protection ("DEP") on or about December 20, 2011,

alleging that recent gas well drilling activities had affected their water supply wells. Plaintiff

Scott Henry filed a similar complaint with the DEP on or about January 2, 2012. The DEP

proceeded to conduct a sixteen-month-long investigation of the water quality in and around the

Manning, Hadlick and Henry properties in response to their complaints.

4. On April 24, 2013, the DEP sent letters to Ms. Manning, Ms. Hadlick and Mr.

Henry regarding the conclusions of its investigation into the possible degradation of their water

supply wells located in Franklin Township, Susquehanna County. The DEP concluded that its

"investigation does not indicate that gas well drilling has impacted [Ms. Manning's/Ms.

Hadlick's/Mr. Henry's] water supply." True and correct copies of the April 24, 2013 DEP letters

are attached hereto as Exhibit "A."

5. On August 1, 2013, WPX sent a letter to William J. Dubanevich, counsel for the

Plaintiffs, advising him that WPX was going to stop providing a temporary water supply to the

Mannings, and that it planned to remove the water buffalo and ancillary equipment from the

Manning property. WPX also asked that Mr. Dubanevich contact WPX on or before August 30,

2013, to coordinate the logistics for removal of the temporary water supply system on the

Manning property. A true and correct copy of the August 1, 2013 WPX letter is attached hereto

as Exhibit "B." On August 1, 2013, WPX sent a similar letter to Ms. Hadlick and Mr. Henry

with the same information. True and correct copies of the August 1, 2013 WPX letters are

attached hereto as Exhibit "C."

{B1358495.5} 2


6. On August 28, 2013, Plaintiffs Tammy Manning, Matthew Manning, Bryanne

Burton, Amanda Grodin and Robert Lee, Jr. filed a Motion for Temporary Restraining Order and

Preliminary Injunction seeking to enjoin WPX from removing, or causing the removal of, the

alternative water supply from the Plaintiffs' property. (Docket No. 31.) Although Ms. Hadlick

and Mr. Henry had not yet filed a complaint against WPX, Mr. Dubanevich informed the

undersigned counsel for WPX that he had been retained by Ms. Hadlick and Mr. Henry to

represent them in a similar action against WPX.

7. In light of the filing of a Motion for Temporary Restraining Order and

Preliminary Injunction and in anticipation of a prompt hearing, WPX agreed to continue

providing an alternative water source to the Plaintiffs' properties until the preliminary injunction

hearing was held on September 5, 2013.

8. Prior to the hearing date of September 5, Plaintiffs, through counsel, withdrew

their Motion for Temporary Restraining Order and Preliminary Injunction, with the

understanding that the water buffalos would be removed in the near future.

9. WPX agreed to continue to provide Plaintiffs with alternative water for a short

period of time while Plaintiffs obtained their own water buffalos, a plan which their counsel

indicated they were each pursuing.

10. On September 24, 2013, despite numerous attempts to communicate with counsel

for plaintiffs to obtain mutually convenient dates to schedule the removal, WPX had still not

received dates for removing its water buffalos. As a result, WPX advised Plaintiffs' counsel that

it would have its contractor top off the water in Plaintiffs' water buffalos one last time on

September 25, 2013, after which Plaintiffs would be responsible for supplying the tanks with

031358495.5} 3


water. WPX further advised Plaintiffs' counsel that WPX needed to make final arrangements for

removing its water buffalos.

11. Thereafter, Plaintiffs' counsel informed WPX that the Henrys and the Hadlicks

had obtained replacement water buffalos, but he did not provide WPX with a date and time for

removal of the WPX water buffalos and associated equipment. Plaintiffs' counsel also informed

WPX in late October 2013, that the Mannings had ordered a replacement water buffalo from

Tractor Supply, but that it was on back order for three weeks.

12. On October 10, 2013, undersigned counsel sent an e-mail to Plaintiffs' counsel in

which she communicated that it was imperative that WPX receive a date and time for removal of

the water buffalos on the Hadlick, Henry and Manning properties. A true and correct copy of the

October 10, 2013 e-mail is attached hereto as Exhibit "D."

13. After receiving no response to the above-referenced e-mail, undersigned counsel

sent a follow-up letter to Plaintiffs' counsel on October 23, 2013, regarding WPX's efforts to try

to remove its water buffalos and ancillary equipment from the Hadlick, Henry and Manning

properties. In this letter, undersigned counsel advised Plaintiffs' counsel that WPX would send a

contractor to the Hadlick and Henry properties on November 1, 2013 at 1:00 p.m. and 5:00 p.m.,

respectively, to disconnect and remove the water buffalos and associated equipment. A true and

correct copy of the October 23, 2013 letter is attached hereto as Exhibit "E."

14. On October 29, 2013, following phone discussions between counsel, Plaintiffs'

counsel sent an e-mail to undersigned counsel advising her that Ms. Hadlick would be available

between 10:00 a.m. and 11:00 a.m. on November 1, 2013, to allow WPX to enter onto her

property for the purpose of removing the water buffalo. Plaintiffs' counsel also advised

undersigned counsel that Mr. Henry would be available on November 6 or 7, 2013 to allow WPX

fB1358495,5) 4


to enter onto his property to remove the water buffalo. A true and correct copy of the October

29, 2013 e-mail is attached hereto as Exhibit "F."

15. On October 31, 2013, undersigned counsel sent a reply e-mail to Plaintiffs'

counsel advising him that, per his authorization, WPX would have its contractor at the Hadlick

property between 10:00 a.m. and 11:00 a.m. on November 1, 2013, to disconnect the water

buffalo. A true and correct copy of the October 31, 2013 e-mail is attached hereto as Exhibit

16. On the morning of November 1, 2013, a representative of WPX, Susan Oliver,

and WPX contractors arrived in Franklin Township for the purpose of removing the water

buffalo and ancillary equipment from the Hadlick property. Upon arriving to the property, Ms.

Oliver saw eight cars parked in and around the driveway of the Hadlick residence. The vehicles

blocked access to the Hadlick driveway, which prevented WPX's contractors from accessing the

Hadlick property with their trucks. One vehicle was parked on the grass in front of the water

buffalo. In addition, there were approximately nine persons assembled on and off the Hadlick

property protesting the removal of the water buffalo. At 10:00 a.m., Ms. Oliver entered onto the

Hadlick property by walking up the driveway to the house, and she knocked on the front door of

the Hadlick residence. A young woman answered the door and identified herself as Ms.

Hadlick's daughter. Ms. Oliver asked if Ms. Hadlick was home and if she could speak with Ms.

Hadlick. The young woman closed the front door and went to speak with Ms. Hadlick, after

which local resident Vera Scruggins entered the home. After several minutes had passed, Ms.

Hadlick's daughter returned to the front door, yelled at Ms. Oliver and called her a trespasser,

and demanded that Ms. Oliver and everyone with her leave the property and not return. Ms.

Hadlick's daughter advised the protestors that they could remain on the Hadlick property

(B1356495.5} 5


because they were invited. Isaac Silberman-Gorn, a protestor with Citizen's Action of New

York, made the following statements to a reporter for a Fox News affiliate: "Susan Oliver, who

is a representative with industry, trespassed knocked on the door. She has no papers that say

that she has any legal right to be on the property. She has no court order." The above-described

events are detailed in the Declaration of Susan Oliver, attached hereto as Exhibit "H," and are

also evidenced by the photographs attached thereto, and the videotaped news coverage'.

17. After being informed by Ms. Oliver of the above-described events, undersigned

counsel sent an e-mail to Plaintiffs' counsel advising him that WPX had been denied entry onto

the Hadlick property. A true and correct copy of the November 1, 2013 e-mail is attached hereto

as Exhibit "I." In a subsequent phone conversation, Plaintiffs' counsel communicated that he

had not known about any of the described activities, and he offered to be present for a

subsequent attempt at removal. Despite Plaintiffs' counsel's offer, based on the above-described

events, WPX believes that a Court Order is necessary.

18. Because Plaintiffs' counsel had previously authorized WPX to enter onto the

Hadlick property on the morning of November 1, 2013, for the purpose of removing the water

buffalo and ancillary equipment, WPX hired contractors with the necessary equipment to be

present on the Hadlick property on November 1 for purposes of disconnecting and removing the

water buffalo.

19. As a result of being denied entry onto the Hadlick property, WPX incurred

$2,001.50 in costs in the aborted removal attempt. See the Declaration of Susan Oliver, attached

as Exhibit H.

The news coverage can be viewed at the following hyperlinks: http://www.wicz.corninews/vi deo.asp?vi deo= 1 1 %2 D 1%2D13 buffalo%2Eflv&zone—News http://www.binghamtonhomepage.conilstory/water-buffalo-stays-put-for-now/d/storv/ixTa7DAjy0Se-NVzJp63z0

{BI358495.5) 6


20. In order to avoid any future unnecessary and burdensome costs, WPX is seeking a

Court Order granting WPX the right to enter onto the Hadlick, Henry and Manning properties in

order to remove its water buffalos.

21. WPX, as the owner of the water buffalos and ancillary equipment, has the

immediate right to possession of its property, and the Hadlicks, Henrys and Mannings have no

right to withhold possession of this property from WPX. In fact, Plaintiffs' counsel decided not

to pursue, and therefore withdrew, Plaintiffs' Motion for Temporary Restraining Order and

Preliminary Injunction requesting the Court prohibit WPX from removing the water buffalos.

22. Accordingly, WPX is seeking an Order granting it access to the Hadlick, Henry

and Manning properties for the limited purpose of disconnecting and removing its water buffalos

and ancillary equipment from these properties.

23. A proposed Order is attached.

WHEREFORE, Defendant WPX Energy Appalachia, LLC respectfully requests that this

Honorable Court enter an Order granting it access to the Hadlick, Henry and Manning properties

to remove its water buffalos and ancillary equipment.

Date: November 4, 2013

Respectfully submitted,

BABST, CALLAND, CLEMENTS AND ZOMNIR, P.C.

/s/ Kathy K Condo Kathy K. Condo (PA 34910) Mark K. Dausch (PA 205621) Two Gateway Center, Sixth Floor Pittsburgh, Pennsylvania 15222 (412) 394-5400 (Phone) (412) 394-6576 (Fax)

Counsel for Defendants

1B1358495.31 7


CERTIFICATE OF SERVICE

I certify that a copy of the foregoing was served on November 4, 2013, via the Court's

electronic filings system upon the following:

William J. Dubanevich, Esquire Peter J. Cambs, Esquire Parker Waichman, LLP

6 Harbor Park Drive South Port Washington, NY 11050 Counsel for the Plaintiffs

Richard I Arsenault, Esquire Neblett, Beard & Arsenault

2220 Bonaventure Court Alexandria, LA 71301

Counsel for the Plaintiffs

BABST, CALLAND, CLEMENTS AND ZOMNIR, P.C.

/s/ Kathy K. Condo

{B1358495.5) 8



TAMMY MANNING, et al., : No. 3:12-cv-646

Plaintiffs, : District Judge A. Richard Caputo

v.

WPX ENERGY INC, et al.,

Defendants.

ORDER OF COURT

AND NOW, this day of November, 2013, upon consideration of Defendant WPX

Energy Appalachia, LLC's Motion to Permit Entry onto Land for the Removal of Equipment, it

is hereby ORDERED that said Motion is GRANTED. Defendant WPX Energy Appalachia,

LLC is hereby granted entry onto the properties of Plaintiffs Tammy Hadlick, Scott Henry and

Tammy Manning for the limited purpose of disconnecting and removing WPX water buffalos

and ancillary equipment.

BY THE COURT:

J.

{B13584983)

Case 3:12-cv-00646-ARC Document 44-1 Filed 11/04/13 Page 1 of 1


OF," pennsylvania

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DISTRICT OIL AND GAS OPERATIONS

April 24, 2013

CERTIFIED MAIL # 7012 3050 0001 4216 0365

Ms. Tammy Manning 20784 SR 29 Montrose, PA 18801

Re: 58 Pa. C.S. § 3218 Detennination Complaint No, 286492 Franklin Twp., Susquehanna County

Dear Ms. Manning:

The Department has investigated the possible degradation of your water supply well located at 20784 SR 29, Franklin Twp., Susquehanna County, in response to a 12/20/2011 complaint that recent gas well drilling activities may have affected your water supply well. The Department has since been conducting an investigation which included evaluating the integrity of nearby gas wells and the collection of samples from your home water supply on 12122/2011 and 3/6/2012. The samples were submitted to the Department's laboratory in Harrisburg for analysis, and the analytical reports for the samples were previously submitted to you.

As previously shared with you, the sample results showed several compounds elevated above Department standards. Barium was present at 5.405 and 5,228 ingfL which exceeds the primary maximum contaminant level (MCL) of 2 mg/L, and Iron, Manganese, Total Dissolved Solids (TDS) and Chloride exceeded secondary MCLs. Primary MCLs are intended to reflect potential dangers to human health, while secondary MCLs reflect the aesthetics of the water (i.e. taste, smell, etc.). Additionally, the sample results showed methane is present at 38.9 and 58.4 mg/L in your water supply. The presence of dissolved methane in your water supply, and all other compounds exceeding primary MCLs and/or secondary MCLs, appear to be related to background conditions. Further, the Department did not document any naturally occurring phenomenon that could have caused the surging of water from the well or the claim of air in the water lines. At this time, the Department's investigation does not indicate that gas well drilling has impacted your water supply.

Methane is the predominant component of natural gas. Federal water standard limitations have not been established for methane gas. The level of concern begins above 283ngil methane, which is referred to as the saturation level. At this level, under normal atmospheric pressure, the water cannot hold additional methane in solution. This may allow the gas to come out of the water and concentrate in the air space of your home or building. There is a physical danger of fire or explosion due to the migration of natural gas into water wells or through soils into dwellings where it could be ignited by sources that are present in most homes/buildings. Natural gas can also cause a threat of asphyxiation, although this is extremely rare.

208 West Third are

PA 17701-6448

570.327.3636 I Fax 570.327.3565 www.depweb.state.pa.us



Tammy Manning -2- 4/24/2013

When the Department is made aware of methane levels greater than 7 mg/l, we notify the water supply owner of the hazards associated with methane in their water supply. Please be aware however, that the methane levels can fluctuate. This means that even with a relatively low level of methane, you should be vigilant of changes in your water that could indicate an increase in methane concentration.

It is the Department's recommendation that all water wells should be equipped with a working vent. This will help alleviate the possibility of concentrating these gases in areas where ignition would pose a threat to life or property. Please note that it is not possible to completely eliminate the hazards of having natural gas in your water supply by simply venting your well.

Should you have any questions concerning this matter, please feel free to contact Eric Rooney, P.G. at 570-346-5543.

Sincerely,

'Jennifer W. Means Environmental Program Manager Oil and Gas Management

cc: . Mare B. Cooley Eric Rooney, P.G. Michael O'Donnell William Kosmer, P.G. Sharon Steinbacher Geoffrey Ayers Complaint File #286492 Attorney Dubanevich, on behalf of Robert Lee


azgi DEPARTMENT OF ENVIRONMENTAL PROTECTION


April 24, 2013

CERTIFIED MAIL II 7012 3050 0001 4216 0341

Ms. Tammy Hadlick 20930 SR 29 Montrose, PA 18801

Re: 58 Pa. C.S. § 3218 Determination Complaint No. 285757 Franklin Twp., Susquehanna County

Dear Ms. Hadlick:

The Department has investigated the possible degradation of your water supply well located at 20930 SR 29, Franklin Twp., Susquehanna County, in response to a 12/20/2011 complaint that recent gas well drilling activities may have affected your water supply well. The Department has since been conducting an investigation which included evaluating the integrity of nearby gas wells and the collection of samples from your home water supply on 12/22/2011 and 3/6/2012. The samples were submitted to the Department's laboratory in Harrisburg for analysis, and the analytical reports for the samples were previously submitted to you.

As previously shared with you, the sample results showed several compounds elevated above Department standards. Barium_ was present at 4.539 and 4.337 mg/L which exceeds the primary maximum contaminant level (MCL) of 2 mg/L, and Aluminum, Iron, Manganese, Total Dissolved Solids (TDS) and Chloride exceeded secondary MCLs. Primary MCLs are intended to reflect potential dangers to human health, while secondary MCLs reflect the aesthetics of the water (i.e. taste, smell, etc.). Additionally, the sample results showed methane is present at 58.3 and 70.6 mg/L in your water supply. The presence of dissolved methane in your water supply, the turbidity or cloudiness, the sulfa odor, and all other compounds exceeding primary MCLs and/or secondary MCLs, appear to be related to background conditions. At this time, the Department's investigation does not indicate that gas well drilling has impacted your water supply.

Methane is the predominant component of natural gas. Federal water standard limitations have not been established for methane gas. The level of concern begins above 28 mg/I methane, which is referred to as the saturation level. At this level, under normal atmospheric pressure, the water cannot hold additional methane in solution. This may allow the gas to come out of the water and concentrate in the air space of your home or building. There is a physical danger of fire or explosion due to the migration of natural gas into water wells or through soils into dwellings where it could be ignited by sources that are present in most homes/buildings. Natural gas can also cause a threat of asphyxiation, although this is extremely rare.

208 West Third Street Suite 101 I Williamsport, PA 17701-6448

Pennsylvania

Printed on Recycled Paper 570.327.3636 I Fax 570.3273565 www.depweb.state.pa.us


Tammy HacHick

When the Department is made aware of methane levels greater than 7 mg/1, we notify the water supply owner of the hazards associated with methane in their water supply. Please be aware however, that the methane levels can fluctuate. This means that even with a relatively low level of methane, you should be vigilant of changes in your water that could indicate an increase in methane concentration.



Sincerely,

(a) ennifer W. Means

Environmental Program Manager Oil and Gas Management

CG;

Mare B. Cooley Eric Rooney, P.G. Michael O'Donnell William. Kosmer, P.G. Sharon Steinbacher Complaint File #285757

-2- 4/24/2013


`04 pennsytvania DEPARTMENT OF ENVIRONMENTAL PROTECTION


April 24, 2013

CERTIFIED MAIL # 7012 3050 0001 4216 0358

Mr. Scott Henry 20789 SR 29 Montrose, PA 18801

Re: 58 Pa. C.S. § 3218 Determination Complaint No. 286101 Franklin Twp., Susquehanna County

Dear Mr. Henry:

The Department has investigated the possible degradation, of your water supply well located at 20789 SR 29, Franklin Twp., Susquehanna County, in response to a 1/612012 complaint that recent gas well drilling activities may have affected your water supply well. The Department has since been conducting an investigation which included evaluating the integrity of nearby gas wells and the collection of samples from your home water supply on 1/11/2012 and 3/6/2012. The samples were submitted to the Department's laboratory in Harrisburg for analysis, and the analytical reports for the samples were previously submitted to you.

As previously shared with you, the sample results showed several compounds elevated above Department standards. Barium was present at 4.23 and 4.24 mg/L which exceeds the primary maximum contaminant level (MCL) of 2 mg/L, and Iron, Total Dissolved Solids (TDS) and Chloride exceeded secondary MCLs. Primary MCLs are intended to reflect potential dangers to human health, while secondary MCLs reflect the aesthetics of the water (i.e. taste-, smell, etc.). Additionally, the sample results showed methane is present at 39.8 and 52.1 mg/L in your water supply. The presence of dissolved methane in your water supply, the turbidity or cloudiness, the sulfur odor, and all other compounds exceeding primary MCLs and/or secondary MCLs, appear to be related to background conditions. At this time, the Department's investigation does not indicate that gas well drilling has impacted your water supply.

Methane is the predominant component of natural gas. Federal water standard limitations have not been established for methane gas. The level of concern begins above 28 mg/1 methane, which is referred to as the saturation level. At this level, under normal atmospheric pressure, the water cannot hold additional methane in solution. This may allow the gas to come out of the water and concentrate in the air space of your home or building. There is a physical danger of fire or explosion due to the migration of natural gas into water wells or through soils into dwellings where it could be ignited by sources that are present in most homes/buildings. Natural gas can also cause a threat of asphyxiation, although this is extremely rare.

When the Department is made aware of methane levels greater than 7 mg/1, we notify the water supply owner of the hazards associated with methane in their water supply. Please be aware

208 West Third Street 1 Suite 101 1 Williamsport, PA 17701-6448

570.327.3636 Fax 570,327.3565

Printed on Recycled Paper (146

www.depweb.state.pa.us


Scott Henry -2- 4/24/2013

however, that the methane levels can fluctuate. This means that even with a relatively low level of methane, you should be vigilant of changes in your water that could indicate an increase in methane concentration.



Sincerely,

(

lennifer . Means Environmental Program Manager Oil and Gas Management

cc: Marc B. Cooley Eric Rooney, P.G. Michael Otonnell WilliamKosmer, P,G. Sharon Steinbacher Complaint File #286101


LISA A. DECKER Senior Counsel

(303) 606-4080 [email protected]

August 1, 2013

Via Electronic PDF and First Class Mail William J. Dubanevich Parker Waichman LLP 6 Harbor Park Drive Port Washington, NY 11050 wdubanevicha,yourlaw.com

Re: Maimings/Water buffalo

Dear Mr. Dubanevich,

Please see the enclosed letter to the Mannings. We have not sent the letter directly to them based on your prior instructions to send all correspondence relating to this matter through you. I appreciate in advance you providing the Mannings with our attached letter.

As noted in the attached, the Pennsylvania Department of Environmental Protection (DEP) has now concluded its investigation responding to a 2011 complaint that gas drilling activities may have affected the Mannings' water supply well. The DEP has determined that gas drilling operations did not impact the Mannings' water supply.

As such, WPX plans, within the next 30 days, to remove the temporary water supply it has voluntarily provided to the Mannings. WPX will leave the well vent it installed, per the DEP's direction, for the Mannings if they so desire.

Please contact me at your earliest convenience so that we can coordinate the logistics for removing the temporary water supply system on or before August 30, 2013.

Very truly yours,

Lisa A. Decker Senior Counsel

Enclosure c: Kathy Condo

Geoff Ayers

1001 17h Street I Suite 1200 I PX.2012 Tel I www.wpxenergy.Goni


Sincerely,

a417.1 atate.5 Susan Oliver _Manager, Coin lr ity Relations.

6000 Town Cnnter Blvd i Suite 30 e 3400 I ,..vvvw.vdpx argy,COM

August 1, 2013'

Ms. Tammy Hadlick 20930 State Route 29 Montrose, PA 18801

Dear 1VI& Hadlick,

As you kriO e the Department. of Enviraninental Protection (DEP) has now concl ided its investigati responding to a 2011 complaint that gas drilling activities may have affected you Water supply well. The DEP has determined that gas drilling operations did not impact your water supply.

When v,'e were th:st asked:by the DEP to assist with their investigation we voluntarily provided you a temporary alternatiVe Water supply. This Water supply was provided at no Cost to you pending conclusion of the inVestigation. AdditiOnally in accordance with the Department'S reeOninendation, we installed a vsTorking vent on your water well at no cost to you.

Now that the PEP investigation has concluded that gas drilling operations did not impact your water supply, we plan, within the next 30 days, to.rethOve the temporary water-supply tank and all supporting eqUipmentwe had voluntarily provided to you At the time we remove the water supply tank, we will reconnect your water well pump so that you will have the use of your water well This work will be at no east to your The well vent will remain in place, at no cost to you, per the DEP's recommendation that your water well be equipped with a working vent, If you agree to accept the existing well vent that WPX installed on your well, all farther tesponsibility for the vent, including any future maintenance, repair or replacement, is your sole responsibility.

Please contact me at your earliest convenience to: coordinaff,.': Our efforts so that: we may proceed with the removal of the tat* and equipment by August 30, 2. Q 13.

Should you haVe any questions please do not hesitate to contact me; my email address is Stisan.Q1iver@WPXEnergy,eoin Or :you may call me at (412) 480-9930.


August 1, 2013

Mr.. Scott Henry 20789 State Route 29 Montrose, PA 18801

Deal Mr, Henry,

As you.know,..the Department of Environmental Protection (DEP)-has now concluded its_ investigation. spOnding to a20.11 complaint that gas drilling activities niayhaVe affected your water supply The DEP

has determined that gas drilling operations. did not impact your water-supply.

When we were first.aslced by the DEP to assi.st..with - their investigation we voluntarily. provided' you a temporary. alternativewater supply.. This water supply was provided. at no cost to you pending conclusion of the investigation. Additionally. .in.aecordance with the.Departmenf s recomthendation, we installed a Working 'Ve on'your water.Well at no cost to you.

Now that the DEP investigation has concluded that gas drilling 'operations did not impact your water supply, we plah, within the next 3.0 days, to remove the temporary water supply tank and all supporting equipment we had voluntarily provided to you At the tune we remove the Water supply tank, we Will reconnect your water well pump so that you will have the use of your water well Ens work will be at no cost to you The well vent Will remain in place, at no cost to you, per the DEP's recommendation that your water well be equipped with a -working vent: If you agree to accept the existing well vent that WPX installed on your well, all further responsibility for the vent, including any future maintenance, repair or replacement; is your sole responsibility.

Please OOntact 6 at yOut earliest convenience to coordinate our efforts so that We ay proceed with the removal of the tank ,and equipment by August 39, 2013.

Should you have any questions please do not-hesitate to contact me iny email address is Susan.Oliv'er@WPXEnergy,boin or you may call me at (412) 480-9930.

Sincerely,

Susan _Oliver Manager, Community Relations

6000 Town Center Blvd 300 I Canonsburg, Pa 15317 j 724.873.3400 I www.wpxonergy.corn


From: Condo, Kathy K Sent: Thursday, October 10, 2013 6:32 PM To: 'Dubanevich, William' Cc: Mere[Ia,Mary; Mark K. Dausch Esquire ([email protected]) Subject: Mannings et al water buffalo removal

As you know, you previously indicated that the Henrys and Hadlicks had replacement buffaloes; however, I have not

heard back from you concerning a date for WPX to disconnect and remove its equipment. We must get this removal

accomplished by October 18.

You also indicated that the Mannings' water buffalo was on back order at Tractor Supply and was due in 3 weeks. We

assume, therefore, that the Mannings will have their replacement water buffalo by October 28 at the latest. Please

advise us of a date on or before October 28 for WPX to disconnect and remove its equipment on the Manning property.

Given the lengthy time period already provided to the residents, if we do not have arrangements in place consistent

with the above, we will approach the Court for relief.

Thank you for your attention to this.

Kathy

Kathy K. Condo Shareholder kconcloPbabstcalland.com

Two Gateway Center Pittsburgh, PA 15222 Direct 412.394.5453 Main 412,394.5400 Fax 412.586.1086 vvvive.babstcallandxoni

CONF col recipienit„ yciti traosmission is the original trayii

This e-mail trap

ilaitlion that is legally priv • ri - notified that any

and its

any documents, not tliu, i -it, or a penif,:ti,"

nying, distribution or use of any of the this transmission in error, please in-i..ni-.adiatei:v

reading or

' .::ended contained ire or attached to ._his notify the sender. Please destroy


Babst Calland Attorneys at Law

Kathy K. Condo Attorney at Law T 412.394.5453 [email protected]

October 23, 2013

VIA ELECTRONIC MAIL: wdubanevich(&,vourlawver.com

William J. Dubanevich, Esquire Parker Waichman LLP 6 Harbor Park Drive Port Washington, NY 11050

Re: Tammy Manning, Tammy Hadliek, Scott Henry, et ai. v. WPX Energy, Inc., et at; U.S. District Court Middle District of Pennsylvania; No. 3:12-cv-00646-ARC

Dear Bill:

As you know, by letter dated August 1, 2013, WPX first informed the Mannings, Henrys, and Hadlicks that WPX would no longer be providing alternative water as of August 30, 2013. You then filed a motion for preliminary injunction and WPX agreed to provide alternative water until the preliminary injunction hearing was held on September 5, 2013. When you subsequently withdrew the motion for preliminary injunction, WPX further agreed to provide the residents with alternative water for a short period of time while they decided how to next proceed. On September 24, when WPX hail not received a transition plan_ from the residents, it advised you that WPX would have its contractor top off the residents' water tanks for the last time on September 25, after which the residents would be responsible for supplying the tanks with water if they so elected. At this time, WPX also set forth its understanding that the Henrys and the Mannings would be receiving alternative water buffalos within the week and that they would be making arrangements with WPX for WPX to disconnect and remove its water buffalos at the same time that the residents connected theirs. At that time, WPX was continuing to await word on the Hadlicks' plans for replacement of the WPX-provided water buffalo.

Since September 24, you have communicated that the Henrys and Hadlicks have acquired replacement water buffalos; however, despite numerous requests, to date you have not provided WPX with a date and time for the removal of its water buffalos and associated equipment. You have also communicated that the Mannings' water buffalo, ordered from Tractor Supply, was on back order and would be received by the end of October. After not hearing from you, by email dated October 10, 2013, I communicated that it was imperative that we receive a date from you to accomplish the removal of the WPX water buffalos at the

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EXHIBIT

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ik,174-7.g

Two Gateway Center Pittsburgh, PA 1522

4.6576 www.babstcaliand.com


Very truly yours,

V

Kathy

William 3 Dubanevich, Esquire October 23, 2013 Page 2

Hadlicks and Henrys by October 18, and at the Manttings by October 28. It is now over one week since I sent that email with no response.

As a result of the above. I write to communicate that WPX will send a contractor (Mr. Parrish) to the Hadlicks at 1:00 p.m. on November I, and to the Henrys at 5:00 p.m_ on November 1, to disconnect and remove its water buffalos and associated equipment.

KKC/msm

{B1345613.11


From: Condo, Kathy K Sent: Friday, November 01, 2013 10:31 AM To: Merella,Mary Subject: FW: Manning, et al. v. WPX Energy, Inc, et al.

From: Dubanevich, William [mailto:wdubanevich(4ourlawyer.corn] Sent: Tuesday, October 29, 2013 7:07 PM To: Condo, Kathy K Subject: RE: Manning, et al. v. WPX Energy, Inc, et al.

Kathy,

Mr. Henry is not available on November 1, 2013. He is available on November 6th or 7 to allow WPX entry onto his

property for purposes of removing the water buffalo.

Ms. Hadlick is available between 10:am and 11:00 am on November 1, 2013, to allow WPX entry onto her property for

the purposes of removing the water buffalo.

Regards,

Bill

William J. Dubanevich Attorney Parker Waichman LLP 6 Harbor Park Drive Port Washington, New York 11050 516-723-4633 516-723-4733 Fax wvvw.yourlawyer.00m wdubanevichyourlawyer.com

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From: Condo, Kathy K Sent: Thursday, October 31, 2013 3:09 PM To: Dubanevich, William' Cc: Merella,Mary Subject: RE: Manning, et al. v. WPX Energy, Inc, et al.

In view of this email, WPX will have its contractor, Mr. Parrish, on site at the Hadlick residence between 10:00 and 11:00 tomorrow morning. WPX will have Mr. Parrish return to the Henry property on November 6. WPX would like to also disconnect its water buffalo at the Manning residence on November 6, as we are assuming that their replacement tank

would now be available. Thank you.

Kathy

Kathy K. Condo Shareholder [email protected]

Ba bs Two Gateway Center Pittsburgh, PA 15222 Direct 412,394,5453 Main 412.394.5400 Fax 412,586.1086 www.babstcalland.corn

NOTI.17.:E: This e-mail trdhsh:lisslnin, and documents, files previous e-mail messages attached to it may contain COnfidentia information thct is iegally If you are pet the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any clisciosi.,-e, cepvitig, distribution or use or any i.); the information contained in or attached to this transmission is STRICTLY PR.OHMITED, If you 1-i6vc tra:-s(nisn please immediately notify the sender, r1::::ase the original transmission and its attachments vfit_11;..,..1:..i.c.atlig or saving :naria rnanr:er.:you Bahst, Cakand, Clements Zomnir, P.C.

From: Dubanevich, William [mailto:wdubanevich©yourlawyer.com] Sent: Tuesday, October 29, 2013 7:07 PM To: Condo, Kathy K Subject: RE: Manning, et al. v. WPX Energy, Inc, et al.

Kathy,


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EXHIBIT


TAMMY MANNING and MATTHEW MANNING, individually; BRYANNE No. 3:12-cv-646 BURTON, individually and as Parent and Natural Guardian of M.B. and J.M.; : District Judge A. Richard Caputo AMANDA GRONDIN, individually and as Parent and Natural Guardian of E.G.; ROBERT LEE, JR., individually; TAMMY HADLICK, individually; and SCOTT HENRY, individually;

Plaintiffs,

v. •

WPX ENERGY INC.; THE WILLIAMS : COMPANIES, INC.; and WPX ENERGY APPALACHIA, LLC;

Defendants.

DECLARATION OF SUSAN OLIVER-STOUGH

I, Susan Oliver-Stough, declare as follows:

1. I am the Manager of Community Relations for WPX Energy, Inc. ("WPX")

located at 6000 Town Center Boulevard, Suite 300, Canonsburg, Pennsylvania 15317.

2. On the morning of November 1, 2013, I accompanied WPX employees Randy

Haig, Scott Aharonian, and Scott Miller, and WPX contractors GL Parrish, MBI Energy and

Stoney Mountain Tractor Parts, Inc., to Franklin Township for the removal of the WPX water

buffalo and associated equipment per arrangements made by counsel for Plaintiff Tammy

Hadlick and counsel for WPX for the water buffalo and equipment to be removed at 10:00 a. n.

on November 1.

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3. Two employees from GL Parrish and a GL Parrish potable fresh water truck, three

employees from MBI Energy and an MBI Energy vacuum truck, two employees from Stoney

Mountain and a Stoney Mountain flatbed truck were parked at the Hallenbeck well pad awaiting

my communication that I had spoken with Ms. Hadlick and that the removal activities could

begin.

4. At approximately 9:30 a.m. on November 1, 2013, I parked in the parking lot of

the Montrose Christian Fellowship Church, which is located directly across the street from the

Hadlick property.

5. I observed approximately nine persons assembled, many holding protest signs. I

also observed eight vehicles parked in the Hadlick driveway or on the grass on the Hadlick

property. One vehicle was positioned in the grass so that it blocked access to the water buffalo.

6. Franklin Township residents and an Energy In Depth representative arrived

shortly after I arrived and parked in the church parking lot across the street from the Hadlick

property. The residents and the Energy In Depth representative walked across the street and

began talking to the assembled protestors, who had positioned themselves at the top of the

Hadlick's driveway, alongside the road, and on the grass near the water tank.

7. The protestors began yelling and cursing at the Franklin Township residents.

8_ At 10:00 a.m., I crossed the street and entered Tammy Hadlick's property by

walking down her driveway. Four protestors followed me down the driveway and accused me of

trespassing on the Hadlick property. They filmed and photographed me as I walked to the front

door of the Hadlick residence.

9. I knocked on the Hadlick's front door and a young woman, who identified herself

as Ms. Hadlick's daughter, answered the door. I asked her if Ms. Hadlick was home and if I

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could speak with her. Ms. Hadlick's daughter said that her mother was home and that she would

go get her. Ms. Hadlick's daughter then closed the front door, but I could see her talking with

Ms. Hadlick, who was sitting at a table right inside the front door•. Ms. Hadlick and her

daughter then moved to another area of the house where they were no longer in my line of sight.

10. While I waited for Ms. Hadlick to come to the front door, the four protestors

continued to yell at me and call me a trespasser. They demanded to see papers authorizing me to

be on the Hadlick property and proof that WPX owned the equipment. They further insisted that

WPX had no right to remove the water tank because WPX allegedly destroyed the Hadlick's

water supply.

11. After waiting approximately five minutes at the Hadlick front door, Vera

Scruggins walked past me, entered the Hadlick residence without knocking at the door, and

closed the door behind her. I could see through the window in the front door that Ms. Scruggins

walked in the same direction that Ms. Hadlick and her daughter walked when they left my line of

sight. Approximately two minutes later, Ms. Scruggins and Ms. Hadlick's daughter came to the

front door. Ms. Scruggins exited the Hadlick residence. At this point in time, I still could not

see Ms. Hadlick.

12. Ms. Hadlick's daughter then yelled at me and three protestors accusing us all of

trespassing on their property. She demanded that we leave the property. The three protestors

asked her if they could remain on the property because the Hadlicks had invited them to their

property. Ms. Scruggins responded that the protestors could all stay because they were all

invited to the property. Ms. Hadlick's daughter also replied that the protestors could stay on the

property, but she said that everyone eke had to leave the property. I asked her if I could speak

B 1358653.31 3


• with Ms. Hadlick for fora moment,. • She advised me that her mother was not going to speak-with

anyone this morning and that I had to leave their property, Ms, Hadlick later t'arrre out of her

house and conducted interviews with the television reporters stationed outside her home.

13. As instructed by Ms. Hadlick's daughter,. I immediately left the Hadlick property

by walking back up the driveway. I walked across the street to the Montrose Christian

Fellowship Church parking lot where I had parked my vehicle. I ultimately determined that the

most appropriate course of action was to depart the area of the Hadlick property.

14. Prior to departing the area, I walked hack across the street toward the Hadlick

property and took several photographs of the vehicles that were blocking the Hadlick driveway

and were blocking access to the water buffalo. The photographs are attached_ hereto as Exhibit

15. In addition to being verbally denied access to the property by Ms. Ha.dlick's

daughter, WPX and its contractors were physically denied access to the Hadlick property by the

physical presence of the protestors and their vehicles. The protestors had positioned themselves

and their vehicles at the tap of the Hadlick driveway, acting as a blockade. WPX's contractors

had no way to access the Hadlick property or the water buffalo due to the positioning of the

protestors and their vehicles. See Exhibit A. The above-described events are also accurately

depicted by news coverage captured by television reporters and videogtaphers stationed outside

the Hadlick home'.

16. As a result of being denied entry onto the Hadlick property after previously being

authorized to enter, WPX incurred $2,001.50 in costs to have its contractors and necessary

The news coverage can be viewed at the following itypetlinks: litip://www.wiez.cominews/vicimasp7video,--11%2Di%2D36uffalo%2Efl Oczone=News intp://www.bi.rsliaintonhoinepageentn/stoiy/water-huiTalo-sta s- ut-for-nowidistor iixTa7DAjy9Se-NVz.11-)637.(2

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equipment at the Hadlielc property to remove its water buffalos and associated equipment. True

and correct copies of the invoices WPX received from its contractors for the morning of

November 1, 2013 are attached hereto as Exhibit "B."

declare under penalty of perjury that the foregoing is true and correct.

Executed on this q day of November, 2013.

6tomatAm

Susan Oliver-Stough

(41158653.3) 5






Stoney Mountain Tractor Parts, Inc.

2323 Bare Valley Road Montrose, PA 18801 Phone: (570) 278-1910 Fax: (570) 27807463

Invoice

Date

Invoice #

I t/1/2013

1248

Ship To

Franklin Forks AFE No.: WT 26136, 26615 Routing Code: NXEEPAPPALA WATER BUFFALO REMOVAL HADLICK RESIDENCE

Bill To

WPX Energy, Inc. Scanning S6 5215 S. Boston Tulsa, OK 74103

P.O. Number Terms Rep Ship Via F.O.B. Project

1111/2013

Quantity Item Code Description Price Each Amount

13.5 Labor Crewmen - communiclate with involved parties for scheduled event, gathered tools and equipment for removal of water system, received instrucitons to proceed to Hollenbeck Pad

45.00 607.50

andb e on standby for further instructions from Scott Aharoni an, Scott Miller, Susan Olvier and Randy Haig. Release from Hollenbeck Pad and returned crew returned to shop.

I Equipment Tool Truck usage - on standby for water system removal 105.00 105.00 1.5 Hauling Pickup truck/trailer - anticipated hauling water buffalo and 75.00 112.50

related equipment from Hadlick residence. I Equipment Water Truck on standby to pump water from water buffalo 210.00 210.00

24 Mileage Travel to standby location 1.50 36.00

Thank you for your business.

Tota l $1,071.00


From: Condo, Kathy K Sent: Monday, November 04, 2013 7:44 AM To: Fortna, Alana Subject: FIN: WPX- Hadlick job: 11/01/2013

Begin forwarded message:

From: Calvin Tilley <[email protected]> Date: November 1, 2013 at 4:33:41 PM EDT To: "[email protected]" <[email protected]>

Cc: David Kletzien <[email protected]> Subject: WPX- Hadlick job: 11/01/2013

WPX- Hadlick lob: 11/01/2013

BK Energy: 1 Water Truck, 110 BBLS: 3.5 HRS @ $93.00= $325.50

MBI Energy: Traffic/Field Supervision: 6.0 HRS @ $55.00= $330.00 Traffic/Field Supervision: 5.0 HRS @ $55.00= $275.00

Total Billed for job 14.5 HRS $930.50

Notice: This communication, together with any attachments is for the sole use of the intended recipient(s) and may contain intimation that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STR!CTLY PROHiGITED. If received in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments, from your system. Thank you for your cooperation.

1


From: Condo, Kathy K Sent: Friday, November 01, 2013 12:08 PM To: 'Dubanevich, William' Cc: Merella,Mary Subject: Hadlicks

I have been informed that when WPX representatives arrived at the Hadlick residence today as I coordinated with you,

they were prevented from entering the property based on a communication from Mrs. Hadlick's daughter and physical

blockage of the driveway by cars, believed to be owned by the Hadlicks as well as others. As you know, as counsel for

the Hadlicks you had authorized WPX to remove its water buffalo and associated equipment from the Hadlick property

today. I will file tomorrow a Motion with the Court concerning this matter.

Kathy

Kathy K. Condo Shareholder kcondo©babstcafand.com

Two Gateway Center Pittsburgh, PA 15222 Direct 412.394.5453 Main 412.394.5400 Fax 412,586,1086 www.babstcalland.corn

CONFIL)ENTIALIN NOTICE: This e-rne tralsmission, and any documents, flies or previous e-mail messages attached to it may contain confidential information that is legally if you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information 1o...in:ained in or attached to this transmission is STRICTLY PROHIBITED. If you received this transmission in error, please immediately nntii'. i ha sender. Please destroy the original transmission and its attathrne,iis :::::::::::::::::: reading c .saving in any manner, Tharrit you, -,air..•=, &.2:,)Mni!", P.C.


Documents

WPX motion to remove equip Franklin Forks w/exhibits