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Home My WebLink About00-01264 799U2 In the Court of Common Pleas of CUMBERLAND County, pennsylvania UGI Utilltles Inc. plaintiff vs Civil Action In Law No. H123 Sl9>-o{fH,t-v-/244- ~ '. Donald S. Kinnear Defendant 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 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) 990-9 '''''''" ~ , ''-''I "-!" 799U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilitles Inc. Plaintiff Civil Action - In Law vs No. 1-442~ ~S ;L(;V7J -1...L(.,'1 {!;pJ ~ Donald S. Kinnear Defendant 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 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, Donald S. Kinnear, is an adult individual residing at 401 2nd Street, West Fairview, PA 17025. ^,,- ,~ , COUNT 1 UGI Utilities Inc. vs. Donald S. Kinnear 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 Donald S. Kinnear. 6. At the present time, Defendant account is in default and has 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. '_"-.1. - ;'--' ~~ ~<". - 1,- --~ ~ 79902 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: TOTAL $ 1450.11 $ 1450.11 Respectfully submitted, DATED: March 1, 2000 Krzywicki and Associates / P. KrzYWlckl . erplex 18938 1_,.-, "I, 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: 3 /, /00 . BY: llll!!t fo[!fYJ ~ - . - 799U2 STATEMENT OF ACCOUNT Donald S. Kinnear established the following accounts with UGI utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 221-609-5945-28 G 401 2nd Street West Fairview, PA 17025 / / $1450.11 Total Delinquent Balance: $1450.11 EXHIBIT" ~ ., \'1!,"~ ~~-, - I ~~~-- ~(~)~ .~ (N " ~ ~ \.>J - ~ f--' \-" c:::..y )'-> ~ c:l ~f"~ ~. ~J ~ ~~1MWl! o c ~ -of-f' mrT1 2:1" -Co 2,_. (f) ",-;. -<,..(., r:::O <- >~ 2_\..J -0 >c ~ .~,,",MI o o :JC "" = I 0'0 ~ -0 :J:: ':? w .t.- o -n --t ,,' ~-';I P'F," . -a t'3 _ :_'< 1 c,'(j) :-.;:1.'Tj -".....,,, '20 ~f1F'I S:1 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS KINNEAR DONALD S HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT IN ARBITRATION was served upon KINNEAR DONALD S the DEFENDANT , at 1742:00 HOURS, on the 8th day of March 2000 at 401 2ND STREET WEST FAIRVIEW, PA 17025 by handing to WANDA S. KINNEAR ADULT IN CHARGE a true and attested copy of COMPLAINT IN ARBITRATION together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~ R. Thomas Kline 03/09/2000 KRZYWICKI & ASSOC. Sworn and Subscribed to before By: .~k Deputy Sher~ me this ,J'f ~ day of ~.;unr(J A.D. ~Q. lv.-#P"-r~ rothonotary ~~ p 799U2 . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utlllties Inc. Plaintiff Civil Action - In Law vs No. 2000-1264-CV Donald S. Kinnear Defendant \" \ \ \ \'" \ \" \ \'" \, \ \ \ \ \, \, \ \'" \, ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilltles Inc. vs. Donald S. Kinnear Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Donald S. Kinnear for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 1450.11 $ 1450.11 together with interest thereon from the date of judgment forward and all costs of this action. I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, UGI Utilities Inc., is 225 Morgantown Road, Reading, PA 19612-3009. ,;<!- ,- r I" --.- . 2 . Kinnear, 17025. 799U2 The true and correct address ot the Defendant, Donald S. is 401 2nd Street, West Fairview, Cumberland County, PA DATED: April 26, 2000 ;~ - ,~ By: Ant 1 Ne P.O. x 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 , I, ~~, SHBRI~~'S RBTU~~ - RBGUUL~ 1 q q Ll/{" . CASE NO: 2000-01264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS KINNEAR DONALD S HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT IN ARBITRATION was served upon KINNEAR DONALD S the DEFENDANT , at 1742:00 HOURS, on the 8th day of March , 2000 at 401 2ND STREET WEST FAIRVIEW, PA 17025 by handing to WANDA S. KINNEAR ADULT IN CHARGE a true and attested copy of COMPLAINT IN ARBITRATION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~<(~ R. Thomas Kline 03/09/2000 KRZYWICKI & ASSOC. Sworn and Subscribed to before By: ~k . Deputy Sher~ me this day of A.D. Prothonotary -./2- .. -,.--------O"----,-.~~,,' "",~, '1' -F.. - 799U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff civil Action - In Law vs No. 2000-1264-CV Donald S. Kinnear Defendant ARBITRATION \ \" \ \ \ \ \ \ \""'" \ \ \ \ \ \"""""" NOTICE TO: Donald S. Kinnear 401 2nd Street West Fairview, PA 17025 Date: April 5, 2000 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office 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 Krzywicki and Associates By: I S I Anthony P. Krzywlckl 1 Neshaminy Interplex P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 "", "'~ ~ -, -- ,_......../~~. \ -''''"'''''' -~ U.S. POSTAL VICE CE IFICATE OF MAILING MAY BE USED FOR DOMESnC AND lNTEANAT10NAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER .0C9 4()/ 7,,) ,~.o t)(/.,~ ~{Yl/IPd l' ~2 PS Farm 3817. Mar. 1989 #1. /7025 _...v._~~,,--:~~'" "-",, .. \' ~'ri ./ N(".fU I ~ 4:- /""1] 7' \ ~ go~4 .~~ co"?\~l~~"'~~~ ~~ki;~~\., N:J 9G~~:i.~~ i1 \, :s~~.~!?..!:t~,'%' .._..:t';ft;.IJ!_o;~o:li! "---~I ! :=,1 III .,',. '. \~! 0 \,1 t, . \ ~\\ ~ llll\ ...\;~.::,.:,.,.' iT! . i 1 i .l\j ~: ;~~,:; ~-,': , .,**............. 'I . . ,~.~.:f;i~:.,.J~~~... 799U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilltles Inc. Plaintiff Civil Action - In Law vs No. 2000-1264-CV Donald S. Kinnear Defendant ARBITRATION \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Donald S. Kinnear, in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judgment pursuant to Pa. R.C.P. 237.1. True and correct copies of that notice is attached hereto and made a part of this certification. DATED: April 26, 2000 By: Ant 1 N P.O. Ne pe, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 "~-~- -_., - 799U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilltles Inc. Plaintiff vs Donald S. Kinnear Defendant \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Civil Action - In Law No. 2000-1264-CV ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendan~, Donald S. Kinnear, is not, to my knowledge, in the military or naval serviee Qf the United States or its allies, or otherwise within the prbvisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amenqed. 2. age and 17025. The defendant, Donald S.Kinnear, is more than 18 years of currently resides at 401 2nd Street, West Fairview, PA 3. I have ascertained the above information by personal investigation and make this affidavit wit due authority. MICHEllE PYA NOTARY PUBLIC OF N.' , MY COMMISSION EXPIRES J~:::~ "1"""'!'~_~"'" 1 - ~ " , ~~- , " ~ it> ~ oCcl. () 0 0 c <::> -n tt: ~ ..p ? ::J: -0(15 --I . rn[TJ :0- M~, ;L! 0 2:J"J -< , ~ 250" 1 -oyn 0 5Q.;::. ."- :O\~ ...0 ~ 0 GO .--.le j ~ ~ )~,-) -0 6~ 6' Zl...~ :;J!:, f' 50 ~) 2m t'~ C 0 r ~ j;:" ~ ~ J c, ~ ,."'" "~,' <"' 8"':'7'1""'J<1"l,*1""~t!!f!..~~~~ ~."I!llImlWll'IIIl!II~ 79902 PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENT I I I I I I I ""'" "" """"""""""'" ""'" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities Inc. Plaintiff vs Donald S. Kinnear Defendant Ex. No. Judgment No. 00-1264-CV TO THE PROTHONOTARY: Issue Writ of Execution in the above matter directed to the Sheriff of CUMBERLAND County, Pennsylvania, to satisfy debt, interest, collection fees, and costs of suit due the Plaintiff from Defendant and to levy upon and to sell the following described property: (a) PERSONAL PROPERTY: All personal property. (b) REAL PROPERTY: Note, waivers, exemptions, etc., if any: and direct Sheriff to levy upon property in the following order: 1st 2st . I Interest 14.50 Amount Due $ 1,450.11 Coll. Fee Donald S. Kinnear O.C.P.P. Address where papers may be served 401 2nd Street West Fa~rv~ew, PA 17025 This Writ , 1 ~I!'!!IIII ~ ~ IP' ....,. ~ , _ A.' ,~-" ,~, ,"CO'," ,~'''-'', ~ "r ~. ,~" -. ,~ . - ~" . '~~" Tift]'" 1t (.) () ~ 'i(). .~ ~ --C ~ ~ tv "' 0 C:J .0 ....} .~ C Ci- -n Cp () lA.J , , ~;: ,0::> 0\ -!::: 0 d 0 1Il W 0 -OC'., ;C, 0 (;.. rnrr' --< C- O 0 :z: :0: ~ "- C zr" (J8 I ~~~-- (:;> ~ l' f} f I I r:c-' C? ~-,,--, __.-oj ;c'-~1~~s ( prfJ j;;: -", --. Zl,' ~t;2 t:? ,'-~ : ' . " ,~ , , ~ ~~ ~ c_ ~~ ... ... " Z; :<' (;-1 , , , , ^ ~-'/- ... ... 'Cf( ,'~II\l!I8JIl~ ~~ ~ , .,. '1'"~' ~ . ~ ~ n'l1 ".'"' '. ',_' _ lI\1IlI1IU%>WIf!."!~~~~~~~'>IlM~~~I~~~If~~IMiffl .~ ~ ~ ~ ..~ ~, - R. Thomas Kline, Sheriff, who being duly sworn according to law, state~ this writ is returned ABANDONED, NO ACTION TAKEN IN 6 MOS. Sheriff s Costs: Docketing $ Poundage Advertising Law Library Prothonotary M{ieage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: $ Sheriff s Costs: 150.00 96.22 53.78 18.00 1.88 10.00 .50- 1.00 19.84 Refunded to Arty on 10/4/01 10.00 20.00 96.22 Sworn and Subscribed to before me this l;,z$- day of @e."7:;1. . 2001 A.~. /J. )zMj~. ./ if''i . r onotary So Answers; ~~~~\ ~ (':~ R. Thomas Kline, Sheriff ~ ' -n (,..i"'"' - ~ ('"~ ~ , "- ~ -<: By i.y\ \.~ t.-k. 3't:l.ol ~. 1/1''(2...- ., . '~f1~, ~:_:".,\\ WRIT OF EXECUTIOI~ and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1264 CIVIL ffii: Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: UGI Utilities, Inc. To satisfy the debt. interest and costs due PLAINTIFF(S) from Donald S. Kinnear, 401 2nd Street, Wes't Fairview, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of Ithe defendant(s) and to sell all personal property (2) You are also directed to attach the property 01 the defendant(s) not levied upon in the possession of GARNISHEE(S) as 101lows: and to notffy lhe garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined lrom paying any debt to or for the account of the defendant(s) and lrom delivering any property of the delendant(s) or otherwise disposing thereof; (3) 11 property olthe defendant(s) not levied upon an subject to attachment is found in the possession 01 anyone other than a named garnishee. you are directed to notny him/herthat he/she has been added as a garnishee and is ,enjoined as above stated. Amount Due $1 .4<;" 11 Interest $1 4 _ 50 Atty's Comm LL $1. 00 $.50 % Due Prolhy Other Costs Atty Paid Plaintnf Paid $109.30 Dale: October 16, 2000 Curtis R. Long Prothonotary. Civil Division ~. LZr;--ro ~ 2. 7?Cf}/U~ Deputy REQUESTING PARTY: M~ ~. , _ D.. TJ'.....,.,.......: .....lr.j "Rcrr Address: 437 Chsetnut St. Ste 1008 P.O.Box 505 New Ho-pe. PA 18938 Attorney for: Pl I'd ntiff Telephone: ?1 ~-862-4390 Supreme Court 10 No. 23754 '-"!!~"'r""1'l!' " ',~ lliPfI1~ql}. 'lll"l'('I!,'n"_~~I!OI;!!!~_~_,_~.~~ "Il:~,~!l.lII'IIl~'l'!lm~Jm~~I!l~/