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Home My WebLink About00-02742 ~'- . ..~ 975U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utlllties Inc, Plaintiff /' civil Action In Law ~ 8~L'( ~ vs No. 00 - ,;( "lLf~ Otha L. Forrest 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 he 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) . ..,.' 975U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utl1ities Inc. Plaintiff Civil Action - In Law vs No. (J1/ ~ .;l 7'12. d;;J .-./ I~ Otha L. Forrest 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, Otha L. Forrest, is an adult individual residing at 1145 Kessler Drive, Shippensburg, PA 17257, - ~, COUNT 1 UGI Utilltles Inc. vs. Otha L. Forrest 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 Otha L. Forrest, 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. ~" " " -~ ~. 975U2 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: Court Costs: Service Costs: TOTAL $ 1775.36 $ 45.50 $ 100.00 $ 1920.86 Respectfully submitted, DATED: April 3, 2000 38 - """-. ,~'" 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: -1 Is /00 BY: ~o~~ ~ .~ " . , wI'- j.. 975U2 STATEMENT OF ACCOUNT Otha L. Forrest established the following accounts with UGI utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance ====================~=========================================================== 203-258-4015-70 G 317 Kelker Street Harrisburg, PA 17102 / / $1775.36 Total Delinquent Balance: $1775.36 EXHIBIT A ;';~~*IAllI~~fllii~",,""~,;;~~~fi<l!~-~" ~".,~ ~m.1iiflw:Iil;;l~~~d -, ^'^ lT~J.!t ",' ->_""",~~" ~_ .~~ .--~."- Jb!lli!l-J.iRrli.!" ~ ~ - 8'~~ -~ --......... > ,'. ~~ -~Ii "~ .~ If-~ 6"- ~ .l:: ~ a Cl 0 8 ur Crt c: 0 ... . 8 d ?": ::J: :::l a UO:] ". film -< rf1:n W 2::0 r z~:: I -qITl ~ I 5Qz w -l}? I ~~O ~ ~ ~o " ;:f.=R ?fa -,"", ~ '...0'0 -0 Om p,- r:-? Z -. 1 =< w ? (1' ~ II! ~ . - . , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FORREST OTHA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to 1aw, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FORREST OTHA L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE/ARBITR 5th , 2000 , this office was in receipt of the On June attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge DEP. FRANKLIN CO 18,00 9,00 10,00 49.40 .00 86.40 06/05/2000 KRZYWICKI & ~/~~ ___-.-.-...e~-p~ R. Thomas Kline Sheriff of Cumberland County ASSOCIATES Sworn and subscribed to before me this rp4v day Of~ .Mnro A.D. q~ q'r~::;t~i1f4 SHERIFF'S RETURN - REGULAR- -" , , CASE NO: 2000-02742 T liiN;)W~~!4itNNSYLVANIA: UGI UTILITIES INC VS FORREST OATHA L DANE M ANTHONY-DEPUTY _ '~E::!-~X_E;EeE~ of F~:KLIN County, Pensy1vania, who being duly sworn according to law, says, the within COMPLAINT . ~~"'.,Ele,JOVe(:L~I?2r: FORREST OATHA L DEFENDANT , at ~6:L5: 0~_H_CJ~ELSP_:'=:h":_~~:'=:9d"X"CJ_f_, ':lc:Y-. at 1145 KESSLER DRIVE the , 2000 SHIPPENSBURG, PA 17257 SAME a true and attested copy of ~)'J::~'2-diZ:<;L, ~?_ _0 _, _ _FRANKLIN COUNTY SHERIFF OFFICE COMPLAINT together with and at the same time direc,t,ing Ber attention to. ,j:.he.coI].tents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage 9, bCI 9.00 4.00 10.00 17,40 .q~.qU -~~;~~ 05/31/~0 0 Y e "-..! CUMBERLAND COUNTY SHERIFF Subscribed to, be_fore_ -&.k day of "'1'l\.~ ;).0 0 A.D. NOTARIAL SEAL PATRICIA A, STRINE, Notary Publio Chambersburg, Franklin Counry M Commission Ires Nov. 4. 2000 , ~" "--' '" 'j~ ,,,'. In ~he Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities, Inc. VS. Otha L. Forrest ~ . N 20-2742 Civil o. Now, 5/8/00 , 20 Of) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to exe,cute this Writ, this deputation being made at the request and risk ofthe Plaintiff, , r~~t:~l! Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M, served the within upon at by handing to a copy of the original and made lmown to the contents thereof, So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ , COSTS SERVICE MILEAGE AFFIDA VIT $ $ ,c 975U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Lawrence E. Welker Prothonotary TO: Otha L. Forrest 1145 Kessler Drive Shippensburg, PA 17257 In the Court of Common pleas of CUMBERLAND County, pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law VB No, 00-2742 CV Otha L, Forrest Defendant ,\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \'" \ \ \ \ \ \" \"'" \ \ ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) ( ) ( ) ( ) ( ) ( ) ( ) Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings Lawrence E. Welker Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 1 Neshaminy Interplex P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney I.D, No.23754 J_' ,- ~~-k- 975U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utlllties Inc. Plaintiff Civil Action - In Law vs No, 00-2742 CV Otha L. Forrest Defendant """" \ \ \'" \, \""'" \ \ \ \, \ \ \" \ \ ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Uti1ltles Inc, vs, Otha L, Forrest Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc, and against Defendant, Otha L, Forrest for failure to plead to Plaintiff's Complaint as follows: . , Amount Past Due: Court Costs: Service Costs: TOTAL $ 1920.86 $ $ $ 1920.86 together with interest thereon from the date of judgment forward and all costs of this action, ~ - 975U2 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. 2. The true and correct address of the Defendant, Otha L. Forrest, is 1145 Kessler Drive, Shippensburg, Cumberland/Franklin County, PA 17257, DATED: August 14, 2000 Associates By: Anth 1 Ne P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ~ . n -l~ - ~ CASE NO: 2000-02742 T COMMONWEALTH OF PENNSYLVANIA: COUNTY. OF FRANKLIN UGI UTILITIES INC SHERIFF'S RETURN - REGULAR " ~ -,"he C\ 1SG\.1.. VS FORREST OATHA L DANE M ANTHONY-DEPUTY , Deputy Sheriff of FRANKLIN County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon FORREST OATHA L DEFENDANT , at 1615:00 Hour, on the 30th day of May at 1145 KESSLER DRIVE SHIPPENSBURG, PA 17257 by handing to SAME FRANKLIN COUNTY SHERIFF OFFICE a true and attested copy of COMPLAINT together with the 2000 and at the same time directing Her attention to the contents thereof, Sheriff's Costs: DockE?ting SerVlce Affidavit Surcharge Mileage 9.00 9.00 4,00 10.00 17.40 4::.1. LJ:U ~;.::~~ LJe erl 05/31/20 0 Y . ... CUMBERLAND COUNTY SHERIFF Subscribed to before ..Jt day of ""1"'1\"-1 ;).0 0 A,D. NOTARIAL SEAL PATRICIA A, STRINE, Notary Public Chambersburg, Franklin County M Commisston Excires Nov. 4, 2000 " ~ , 975U2 In the Court of Common Pleas of CUMBERLAND County, pennsylvania UGI Utilities Inc. Plaintiff civil Action - In Law vs No, 00-2742 CV Otha L. Forrest Defendant \ \'" \ \, \ \'" \ \ \"'" \ \ \ \ \ \ \ \ \ \, \, \ \ ARBITRATION NOTICE TO: Otha L. Forrest 1145 Kessler Drive Shippensburg, PA 17257 Date: July 12, 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:AnthOny P. Jr~lwlckl 1 Neshaminy Interplex P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I,D. 23754 . ~ U,S, POSTAL SE I E ERTIFI A E OF AI N MAY BE USED FOR DOMEsne AND INTfRNATIONAL MAIL. Does NOT PROVIDE FOR INSURANCE-POSTMASTER ReC&il Krzywicki & A ociates P,O, Box 50 I ~ New Hope, !A 1893[. co N to ~ PS Form 3617, Mar, 1989 ,"., -3' '\ilarii .< \ ]:',t'i , '._\, : ,-;\", --',~[~ -~'.tn -~ ~~l ~ ~ '" :';i .__~~<,._ 0'_'_ "'-;"~_\_ .~^. h ~ y;.;' '?" i I I ;1 I I I I I I I I 1 j ,! l I I I 1 I I I I i ! i I i i I I I - ~" 975U2 In the Court of Common Pleas of CUMBERLAND County, pennsylvania UGI Utilities Inc, Plaintiff Civil Action - In Law vs No. 00-2742 CV Otha L. Forrest Defendant """"""""""""""""'" , ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Otha L. Forrest, 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. Krzywic nd Associates DATED: August 14, 2000 By: Antho 1 Nes iny Interple P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ,~~.. ~.." ~, ~, ,~ I " ,,,,,-,j-' ,-'-,' " '---,-,-"lo'., " ~ ",-,- '~j"':';' ,-' ~"J, L. ~" ~., 975U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. 00-2742 CV Otha L. Forrest Defendant """"',"""""""""""'" , ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY ss, COUNTY OF HUNTERDON 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 defendant, Otha L. Forrest, is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' civil Relief Act of 1940, as amended. 2 . age and 17257. The defendant, Otha L, Forrest, is more than 18 years of currently resides at 1145 Kessler Drive, Shippensburg, PA 3. I have ascertained the above investigation and make this affidavit ation by personal ue authority. MICHEllE "n NOttl,R)' PUBLIC OF NEW JERSEY 'i!V COMMISSION EXPIRES JULY 9, 2002 ~fii.t.."1,,:,,;,~~ fI....J.~'_IR~$~~~~~ww.r~~~''''o'- ~-~~'iilL:l; h~"""'~-~'V~![jom-;"_~I~,Il11I1l~'.l ~l"~~--I!'''n''--I.diii!><ll!l! 'li!Il ; , ~ ~ n c..:) 0 C 0 -T1 ~ 2:' """ ~ -oC,C! r:: -- -4-:-!"1 iTlri'-, ':TJ ' .~- ~ Z~f--' ,'-:I -..- ,-Tl I ~ t l 0~:: -- ~~}6 ~,- -0 - __ ,.of', ~ ~ , 2~;C:; ;.~B ~ ~.Cl r;~" {5i-n ~ PC ~ 7' ~ ~ D :D ,;:- -< .