The URL can be used to link to this page

Home My WebLink About00-00575 ,,--' ~~~ ~" " - , " ~. -~<h,"",mIJ"', In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs. Civil Act...ion - In Lay.' 'L'---,- No. do06 - S'1.S C,U' t~ Shoney's, Inc. Defendants ARBITRATION COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the court without further notice for any moeney claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FrND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/ (800) 990-9108 IIliiiiiIiiliiI /1 't_,,~'? . In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs. Civil Action - In Law No. .J tn.r7> - 5''75' d.,;.u ~ Shoney's, Inc. Defendants ARBITRATION COMPLAINT 1. This is an action by plaintiff, UGI Utilities Inc. to recover damages from defendant arising out of a debt defendant owes to plaintiff by virtue of an utility service. 2. UGI Utilities Inc. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility unde~ the laws of the Commonwealth of Pennsylvania with a principal place of business at 225 Morgantown Road, Reading, PA 19612. 3. Upon information and belief service was provided to defendant at 936 walnut Bottom Road, Carlisle, PA 17013 and One Shadow Oaks Drive, Mechancisburg, PA 17055. ~ .....~,~"""",.,,'o, COUNT 1 UGI Utilities Inc. vs. Shoney's, Inc. 4. At all times relevant hereto, plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. 5. Plaintiff supplied utility service to Shoney's, Inc.. 6. At the present time, defendant's account is in default and has an outstanding balance due and owing plaintiff as reflected on the attached Statement of Accounts which contains information taken directly from plaintiff's original business records, and which includes the unpaid balance and all appropriate debits, and credits, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof. 7. The utility service which was provided by the plaintiff to the defendant aforesaid, was received, accepted, and utilized for the benefit of said defendant. 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. ,d'~ . ~~,-~ .- ,'} , 9. Plaintiff made demand on defendant to repay the sums then due and owing to plaintiff, but defendant has refused and continues to refuse to pay plaintiff. 10. Despite demands upon defendant for payment by the plaintiff, defendant has failed and refused to pay plaintiff the balance due and owing on said account(s). 11. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums for which plaintiff demands judgment against the defendant: Amount Past Due: TOTAL $4.693.59 $4,693.59 Respectfully submitted, Krzywicki and Associates DATED: January 14, 2000 By: L - ~~'-~ - ,.,.,,",eJo;j~..,,;-: , VERIFICATION I, Cynthia E. Coffin, an employee ofUGI Utilities, Inc., being authorized to do so, verifY that the statements made in the foregoing pleadings are true and correct to the best of my knowledge, information and belief. To the extent any averments therein are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which are true, but I have knowledge or information sufficient to form a belief that one of them is true. This statement is made subject to the penalties of 18 P.A. C.S. Section 4904, relating to unsworn falsification to authorities. UGI Utilities, Inc. Dated: I If!( /00 BY: I!I!!fcF~ Cyn a E. Coffin " -- , " - '~"<"",_",,,,"J,'i.l;' STATEMENT OF ACCOUNT Shoney's Inc, established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number/ Service Address Acct Type Service to: Balance 211-767-1125-02 Ga 936 Walnut Bottom Road, Carlisle, PA 17013 / / $2,727.38 202-738-9260-00 Ga One Shadow Oaks Drive, Mechanicsburg, P A 17055 / / $1,966.21 Total Delinquent Balance: $4,693.59 _,,r' ,. EXHIBIT A ~_""O,\ ",,". " ~~ " i;id~__i_~"~ --, ~--"~"""'~;..""L~,~-" ~~ I ~,/ "'~ 0..J::: '-' ?f?, 1':: h 0 6' 1* t- C1 0 b ~ 10 --0 "'V f o & ~ ~ ~ )- ~-bo o C> c: 0 ? -(jrf; ~ n-, r'1''1 co 2::0 2'1~" I co2:=: ~',~~, <...... '""'0 ):> :z :z:Q :> ?"' ~ ] B > , n -=r~J '---l i'~~fD --Ifn :'jQ ~~.;(:) ~!_~ :::;::; ~~(~ ~-=--;:rn C. --I ?;:; -< s ~r ~. u flV l'G-1: ~ ~~f l ~ ~~ J!- '. ~~_rl.' 860U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllities Inc. plaintiff Civil Action - In Law vs No. 2000-575 CV Shoney's, Inc. Defendant ARBITRATION \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint in the above-captioned Civil Action for an additional thirty days. Krzywicki and Associates DATED: March 28, 2000 18938 111I1, ,: "' ,= , ilI!i~l"'f'\"""~""""".""~.~i;:ir&i.ilill!l;~~!ili~' ~ . < ~"'- ~-,.,.,' " I, - , ".~ ,. 0 a 0 c: a -'1 s:: "'" ""Om Cl ,- nln-t ;;0 '.:;~:n 2::0 2C I ~;,~ 0}J'c: .c:- -..........:... ~C) > ---.-y\ P ~ .~~~ ztr )>0 '? om c: 2 --1 ~ U1 > :D 0:> -< "~-~,j)"" B60U2 In the Court of Common pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No. 2000-575 CV Shoney's, Inc. Defendant """"" \ \ \ \ \ \ \ \, \, \ \ \ \ \, \ \ \ \ \ \ \ \ \ ARBITRATION A1IJI'Nlil COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20} days after this qomplaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/ (800) 990-9108 " _""_J.. . '-""~I_"",.", 860U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law VB No. 2000-575 CV Shoney's, Inc. Defendant ,\, \ \ \ \ \" \"" \, \ \"" \ \, \ \ \ \ \ \ \'" ARBITRATION A"lENEJ COMPLAINT 1. This is an action by Plaintiff, UGI Utilities Inc. to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of utility service. 2. UGI Utilities Inc. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at 225 Morgantown Road, Reading, PA 19612-3009. 3. Defendant, Shoney's, Inc., is a Pennsylvania Corporation doing business at 1016 Wilson Pike, Brentwood, TN 37027. ._"~ 1_~'i4""_~I~" COUNT 1 UGI Uti1ltles Inc. vs. Inc. Shoney's 4. At all time relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. 5. Plaintiff supplied utility service to Inc. Shoney's. 6. At the present time, Defendant accounts are in default and has outstanding balances due and owing Plaintiff as reflected on the attached Statement of Account which contains information taken directly from Plaintiff's original business records, and which includes the unpaid balance and all appropriate debits, and creditB, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof. 7. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. ~ < ~~ r.""I__J,....."...""'""w-..1I-""<.,..",, 860U2 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 9. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused and continues to refuse to pay Plaintiff. 10. Despite demands upon Defendant for payment by the Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due and owing on said account(s). 11. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: Fees: TOTAL $ 4693.59 $ 1318.90 $ 6012.49 Respectfully submitted, Krzywicki and Associates DATED: May 25, 2000 By: ony P. Krzyw~c ~ Nes ny erplex . . Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ~ .I~~"._, , 860U2 STATEMENT OF ACCOUNT Shoney's, Inc. established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance ====================~====================================================:======= 211-767-1125-02 G 936 Walnut Bottom Road Carlisle, PA 17013 / / $2727.38 202-738-9260-00 G One Shadow Oaks Drive Mechanicsburg, PA 17055 / / $1966.21 Total Delinquent Balance: $4693.59 EXHIBIT A ,,",.' ,_i.< - ~~"'~_~UIlw~~ "'.....<' "~ :. ~~.~"=' -,~ '"., ,'I I 1 (") co 0 C r'-' -n ~::. ~ ;,-j -eJ ej::: .,.... I m L; , .,'..... ~T] Z ~",-- , ...0_ , C 1'0 ,-I 1 J'::._ C) cr. ~;/ (::J- i -< eJ, () r".:: U ~ ~;= , --H r-: (-) )> (":.:; l..O C) :'i, C -':;'- ~~! ~ ~ ::(l 10 JJ -< - ~'~ I ~__l,,~ '" SHERIFF'S RETURN - OUT OF. COUNTY CASE NO: 2000-00575 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS SHONEY'S INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHONEY'S INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FAYETTE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 21st , 2000 , this office was in receipt of the attached return from FAYETTE Sheriff's Costs: Docketing Out of County Surcharge Dep. Fayette Co 18.00 9.00 10.00 27.27 .00 64.27 06/21/2000 KRZYWICKI & so~.~? ~., ~;~ R. homas Kline Sheriff of Cumberland County ASSOCIATES Sworn and subscribed to before me this (. [;' day of 0-4 :lu-zro A. D . q~ 0_ n.",OI..; <10t;. Prothonotafy I ......-""'<Ii", ~~~<<~ . In The Court of Common Pleas of Cumberland County, Pennsylvania UGI Uti~ities, Inc. VS. No. 20-575 Civil ' R... .......E. "'."T' ........1....'.;1'.. .' ..1". ' . ;' : ':: '~ :: ,< t ,~ ~'. '?:' . - , , . Shoney's .Tnc. Now, 4/10/00 , 200 I:' , I,. SHERIFF OF CUMBERLAND COUNTY, P A, do . hereby deputize the Sheriff of Favette .. .:'i.',: " ' .'....;. County to execute this Writ, this deputation being made at the request and risk of the Plam~' tiff, . ~-f . . t'1. .-~ .. e ,- . , . Sheriff of Cumberland County, P A upon r~P~' ~~. . byhandingto ~. ~~ j</YY7~ a 'copyoftheoriginal {} ~ and made known to /~ Affidavit of Service 20 ao , at 3::?o o'clock P M. served the Now , within at the contents thereof. So answers, ~ 1) 4-~.i. (0 :-Ji,i' Sheriff of . ~nty;PA Sworn and subscribed before ;t~~~J{f::~ COSTS SERVICE MILEAGE '-< AFFIDAVIT $ ~5-~ 33 H'i , $ ~'7. ;) ') . '" .,- ~ d, - "~- ",.~., or "~c, ";;'w'" " 1,- ^ ..'~ " UGI UTILITIES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. SHONEY'S, INC., Defendant : CIVIL ACTION - LAW : NO. 2000-575-CV : ARBITRATION ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of Defendant, Shoney's, Inc., in connection with the above-referenced case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 7/J~f:J BY: M. TI TH . cMAHON, ESQ. 100 Pine tr et - 4th Fl. P.O. Box 803 Harrisburg, P A 17108-0803 LD.52918 (717) 232-9323 Attorney for Defendant ,"'J';i", ~,j~,; ,<;' ," ",".'~-' '" ' " . L ; ;..~,'_;' , '~- I....... " " CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this:3l~ay of August, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Anthony P. Krzywicki, Esquire KRZYWICKI AND ASSOCIATES 1 Neshaminy Interplex P.O. Box 505 NewHope,PA 18938 ~cfJ1~ ME~ SSA M. KAIN ... '.' () ~.,; .:-::- :,ci::{~ 2"~ G3i~ ;jc:~; ~t~~ .>>c: "> $ ..~., ~ ~ ':n .[':- c::; o u) ,,'1 -0 .'>~) -~ ' , " , , ,~ . "" ' , ---",--I~ ,~ "'"' '- ., 4 UOl UTILITIES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. SHONEY'S, INC., Defendant : CIVIL ACTION. LAW : NO.2000-575-CV : ARBITRATION PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ to join the following Additional Defendant: Danny Fields, 1016 Wilson Pike, Brentwood, Tennessee 37027. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: 7p/oG BY: Timoth . cMahon, Esquire 100 Pine S eet - 4th Floor P.O. Box 803 Harrisburg, PA 17108 LD. No. 52918 (717)232-9323 Attorney for Defendant ..> "L,-,~__, ,,_ ,," "' CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey , Warner, Coleman & Goggin, do hereby certify that on this5/ ~y of August, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Anthony P. Krzywicki, Esquire KRZYWICKI AND ASSOCIATES 1 Neshaminy Interplex P.O. Box 505 NewHope,PA 18938 ~ cff/j(~ MEU SSA M. KAIN '.^">>~",, ,~,~ ~,"~A~ \ , " o C <:0- -o~ ITI6: Z:J,' -7 ,-- ~~:: "" ..:';~C) b(-') PC ~ ~ \";."",.! C~j U) iT! .'....} (~) ~,~ ,..,' ..\: , U1 :::~ ~ -< , I, l........ _l*ir'.1 t,. . Cumberland County, ss: The Commonwealth of PeIlllsylvania to Danny Fields (Name of Additional Defendant) You are notified that Shoney's Inc. (Name (.s) of Defendant (s) .) ffil.<gc (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date September 1, 2000 Curtis R. Lonq , IIrotJlronatary By . ~/':-'A *'- ~.k W Deputy , (SEA'L) Danny Fields 1016 Wilson pike Brentwood, Tenessee 37027 1-- .i~- ---., ,-", . I ~ . .....~""..;~l...'"~~~~ ,- ,~~ ~~ ~.~ ~ ~.~ ' -" ~ ~", . " . . ;..,. 1- I-j tl ~b j .rn 8 ~. tl~ 8' '" ":":::c fH~ H 0 g~ '" 0 rt [~ (I) ~ 0 ~ I >,j - f-'. U1 f-'. Ul f-" -..J ~ ~~ 1(1) f-'. U1 . . 0 ~ H rt i I-j'" R f-'. t"".... (I) (l ~;9. . ~ Ul f-'. tlO . <: (I) 1B f-'. H f-" tI'l~ Ul > R I '" "!jz Ul 8: . ~a ro =." . (I) "' i1 J:>j g Ul w !. .a '? tl;.., -..J 0 i , > ;"'z '" - ~ ~ -..J r S' 3 ... ~I ~ al ~ ~ UOl UTILITIES, INC. Plaintiff v. SHONEY'S, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-575-CV : ARBITRATION NOTICE TO PLEAD TO: Plaintiff c/o Anthony P. Krzywicki, Esquire KRZYWICKI AND ASSOCIATES 1 Neshaminy Interplex P.O. Box 505 NewHope,PA 18938 --,1,- "t;>; You are hereby notified to plead to the enclosed New Matter of Defendant within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: q- 7-du BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOlN 4 o LD. No. 52918 100 Pine Street, 4th Floor P.O. Box 803 Harrisburg, P A 17108-0803 (717) 232-9323 Attorneys for Defendant ilIliiiIllIIIII ~,~' 105_ A \LIABITJM\LLPGI55972\MMKII 9099150000 UGI UTILITIES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHONEY'S, INC., Defendant CIVIL ACTION. LAW : NO. 2000-575-CV : ARBITRATION DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT 1. Admitted in part; denied in part. It is admitted only that PlaintiffUGI Utilities, Inc. has instituted this action seeking to recover damages. It is specifically denied that Defendant Shoney's, Inc. owes Plaintiff damages arising out of an alleged debt by virtue of the delivery of utility service. To the contrary, Plaintiff did not deliver utility services to Defendant. 2. Admitted in part; denied in part. It is admitted only that Plaintiff is what it says it IS. The remaining allegations of this paragraph are denied because Defendant lacks reasonable information sufficient to form a belief as to the truth thereof and accordingly these allegations are denied. 3. Admitted in part; denied in part. It is admitted only that Defendant Shoney's, Inc. is a corporation. It is specifically denied that Defendant Shoney's, Inc. is a Pennsylvania corporation and further specifically denies that Defendant conducts business at 1016 Wilson Pike, Brentwood, Tennessee 37027. COUNT! 4. Denied. Defendant after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded, if relevant. ~-~ ......Ii\Ib~,;. 5. Denied. Defendant Shoney's, Inc. specifically denies that Plaintiff supplied utility service to it as alleged. 6. Denied. Defendant specifically denies that it is in default to Plaintiff, denies that it has an outstanding balance due and owing Plaintiff as reflected on Exhibit A to Plaintiff s Amended Complaint. To the contrary, Defendant owes Plaintiff nothing because Plaintiff supplied no utility services to Defendant contrary to the allegations in the Complaint. 7. Denied. Defendant specifically denies that Plaintiff provided utility services to it and further specifically denies that Defendant received, accepted and/or utilized utility services provided by Defendant. 8. Denied. The allegations ofthis paragraph are denied as conclusions oflaw to which no further responsive pleading is required. By way of further answer, Defendant specifically denies that it is in default to Plaintifffor alleged payments due and owing. To the contrary, Defendant owes Plaintiff nothing. 9. Admitted in part; denied in part. It is admitted only that Plaintiff has made demands upon Defendant to pay sums which Plaintiff contends are due and owing to it. Defendant denies that it owes Plaintiff any sums whatsoever for the delivery and/or receipt of utility services by Plaintiff to Defendant. 10. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required. By wayof further answer, Defendant denies that it has any obligation whatsoever to Plaintiff. 11. Denied. Defendant specifically denies the allegation that it has been unjustly enriched by accepting service without full payment. Further, these allegations constitute conclusions of law to which no further responsive pleading is required. 2 ^ ~ ....~"', WHEREFORE, Defendant Shoney's, Inc. demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 12. Defendant did not establish account number 211-767-1125-02 with Plaintiff concerning the provision of and/or delivery of utility services by Plaintiff to Defendant. To the contrary, Defendant avers upon information and belief that this account number was established by Danny Fields who was acting on his own behalf and was neither an actual, apparent or otherwise authorized agent of Defendant. 13. Defendant did not establish account number 202-738-9260-00 with Plaintiff concerning the provision of and/or delivery of utility services by Plaintiff to Defendant. To the contrary, Defendant avers upon information and belief that this account number was established by Danny Fields who was acting on his own behalf and was neither an actual, apparent or otherwise authorized agent of Defendant. 14. Defendant Shoney's, Inc. did not receive utility services provided by Plaintiff to premises located at 936 Walnut Bottom Road, Carlisle, PA 17013. 15. Defendant Shoney's, Inc. did not receive utility services provided by the Plaintiff to premises located at One Shadow Oaks Drive, Mechanicsburg, P A 17055. 16. Plaintiff s Complaint fails to state a cause of action as against Defendant upon which relief can be granted as a matter of law. 17. The account/debt upon which Plaintiffs Complaint is based was incurred, upon information and belief by Danny Fields, 1016 Wilson Pike, Brentwood, Tennessee 37027 and not by Defendant Shoney's, Inc. 3 " "I ~~ n ,,", i 18. Danny Fields was not an actual, apparent or otherwise authorized agent of Defendant Shoney's, Inc. with regard to the incurrence of the debt described in Plaintiffs Complaint. 19. Plaintiff s Complaint fails to state a cause of action as against Defendant Shoney's, Inc. for failure of consideration. WHEREFORE, Defendant Shoney's, Inc. demands judgment in its favor and against PlaintiffUGI Utilities, Inc. together with such other relief as this Court shall deem appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: BY: TI H 1. cMAHON, ESQ. 100 Pine Street. 4th Fl. P.O. Box 803 Harrisburg, P A 17108-0803 J.D. 52918 (717) 232-9323 Attorney for Defendant 4 "~ .. ~____ieli~. VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint, are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: , -"""~.,.....""",, CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 7~ay of September, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Anthony P. Krzywicki, Esquire KRZYWICKI AND ASSOCIATES 1 Nesharniny Interplex P.O. Box 505 NewHope,PA 18938 ~C(()~ MEL SA M. KAIN ."" "--~~-~""'~ '.. ~~ .........","i' (") 0 C) ~; 0 "Tl - co') -0 cr.! ,-" ~rl r;") ~;:~ -::J i-= Z ~' , r' L -- W CD- -'" , -< ":':i ~,~.~ r:: c; '-0 ;':; .~-. ,@~ ~t=; ~ :..) Pc -, -;;~ '"" J:-: ::<! .u (::J -< " ~ " ~ lr'W1~^ 105_ A\LIABITlM\LLPGI61203IRYMlI90991001 12 UGI UTILITIES, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHONEY'S, INC., Defendant CIVIL ACTION. LAW : NO. 2000-575-CV : ARBITRATION ORDER . AND now this i"D day of November 2000 and upon consid@tationofDefendant Shoney's Inc. Motion to Compel responses to its request for Production of Documents and Things addressed ttH!@ntiff, it is hereby order and decreed that Plaintiff shall serve responses to ~ , f',1"hA.- ('S-) .r...,,..... 1 Defendants Request for Production of Documents and Things within~) days ofthis' Court Order or risk such further sanctions as this court shall deemed appropriate. -/j 4/L JI' ~1Y)o.U. Ul.- J - () () RXs - - " r\~ttrC~F\Ct. ,,' or T\,E "i?r:i\'r"C~"'Oi'l\R'( \:II) "OIJ '30 ~\l\ 3: 20 C\Jw.'aE.R\.J>NO couNi'l ~'.4&,{l\l~ 1- ~ :"~>. '.." i~., --~"'-~ C' .~,. , , ' '~"7 - '" \05_ AILIAB\TlM\LLPG\61192\RYMl19099\00 122 UOl UTILITIES, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SHONEY'S, INC., Defendant CIVIL ACTION - LAW : NO. 2000-575-CV : ARBITRATION DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES 1. PlaintiffUOl Utilities, Inc. has instituted this action to recover certain liquidated damaged in the amount of$6,012.49 from Defendant alleging in its Amended Complaint that Defendant is liable for certain Utilities allegedly furnished to Defendant. 2. In its Answer with New Matter to the Complaint Defendant has disputed it liability for the alleged debt and instead has alleged that it did not incur nor did it authorize the incurrance ofthe debt or debts of Plaintiffs Amended Complaint. 3. On August 31, 2000 Defendant served Plaintiffs Counsel with a request for Production of Documents and things a true and correct copy of which is attached hereto as Exhibit "A" 4. To date Plaintiff has failed to respond to this outstanding written discovery request and the time for compliance is long overdue. 5. Defendant in accordance with local rule 206-2(c) sought the concurrence of opposing Counsel for the within Motion. More speciffically, in correspondence of October 5, 2000 the undersigned advised Plaintiffs counsel of his intention to file a Motion to Compel Discovery - - -'--J.'.'. ~' - ~ I........ ""'::l;,.!(l';" responses if the same were not received by October lOth. More than thirty days have elapsed , since that initial extension was provided. 6. Plaintiffs failure to respond to Defendants Request for Production of Documents has substantially compromised Defendants ability to prepare its defenses in this action and accordingly Defendant respectfully request that the court enter an Order in the form attached hereto directing that Plaintiff serve full and complete responses to Defendants request for Production of Documents with in ten days or risk such other further sanctions as this court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: /l tu (D 0 BY: Timothy 1. cMahon, Esquire 100 Pine Street - 4th Floor P.O. Box 803 Harrisburg, P A 17108 LD. No. 52918 (717) 232-9323 Attorney for Defendant Shoney's, Inc. , , ~" I~ I;I;;~WoI_..,.o CERTIFICATE OF SERVICE I, Rachael L. Minnich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~I day of November, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Chris Krzywicki, Esquire KRZYWICKI AND ASSOCIATES 1 Neshaminy Interplex P.O. Box 505 NewHope,PA 18938 ~~~-cZ - '~ $_ill.(_~lilf' ~~ 'j~'Ilii. : ~ -- .;:';'i C) C'_;, C:",' (.:, c.~' -', , -r) . ' v-- :;C:J rn >- "'~ ~ "-, (Ii ... ,.0 , ,-<: - , r:::~ . ~-'-~, ~ : -~. " ~".. ( ) L,::' () )? ; .,~ ,-r\ S;;; ,~ -,.:~ ~ :...:> :'iJ -<. ,0 -< ~. ~ ,~ - .. - ~~ .. In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs. Civil Action - In Law No. 00-575 CV Shoney's, Inc. Defendant Arbitration PRAECIPE TO DISCONTINUE To the Prothonotary: Plaintiff, UGI Utilities Inc., hereby withdraws and discontinues the above- captioned matter, with prejudice, pursuant to Pa. R. Civ. P. 229. Krzywicki and Associates Dated: December 20, 2000 By: 38 I~,_- oJ/;i il." ""'.~.a.:.~~" II ~ ~-_.__tIUili<!l".MlltM;iIillil'- ~-~.d .., "'_~W_ iL .. 0 c' 0 c: -'1 S ::ll: ~.:;:l rRff\ "'" ...,..., :;0 I"; ,~.:: Z::I! ~gES Zl}: .~ ~:Z': '-;~~?d ,<0 -C ~Q :.t~ zQ .-0 Cf! 01" :J>c:: -' ~ -,' N 55 <.>-:! -<