HomeMy WebLinkAbout00-03220
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902U2
In the Court of Common Pleas of CUMBERLAND County, pennsylvania
UGI Utlllties Inc.
Plaintiff
vs
Civil Action - In Law
No, OC>- .JJ:J.O Cu~l J~
Catricia M. Bill
Defendant
ARBITRATION
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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) 990-9108
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902U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilitles Inc,
Plaintiff
vs
civil Action - In Law
No. {H}- 3.2-OUJ ~ t.u--
Catricia M. Hill
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, Catricia M, Hill, is an adult individual residing
at 633 Cumberland pointe, Mechanicsburg, PA 17055,
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COUNT 1
UGI Utilit~es Inc. vs.
Catricia M. Hill
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 Catricia M, Hill.
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.
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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
$ 5326.45
$ 5326.45
Respectfully submitted,
DATED: April 11, 2000
By:
An ony
1 Nes iny Interp
P , . Box 505
New Hope, PA 18938
800-296-2103
Attorney for Plaintiff
Attorney I.D. 23754
nd Associates
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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
afmy 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: 4;' ( /00
BY: (ld'IrrlC, ~
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STATEMENT OF ACCOUNT
Catricia M, Hill established the following accounts with UGI
Utilities Inc. with the following balances and charges:
Account Number /
Service Address
Acct Type
Service to:
Balance
=========~======================~============================================~==
204-757-2008-38 G
119 S. Hanover Street Carlisle, PA 17013
/ /
$5326.45
Total Delinquent Balance:
$5326.45
EXHIBIT A
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03220 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
HILL CATRICIA H
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HILL CATRICIA M
the
DEFENDANT
, at 0019:54 HOURS, on the 26th day of May
2000
at 633 CUMBERLAND POINTE
MECHANICSBURG, PA 17055
PATRICK HILL (ADULT SON)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
IN ARBITRATION
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
6.82
,00
10.00
,00
34,82
So Answers:
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R, Thomas Kline
05/30/2000
KRZYWICKI & ASSSOCIATES, P.C.
Sworn and Subscribed to before
By:
7L4 N~_
Deputy Sheriff
me this 02.......d day of
00" c2<nJV A. D .
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r thonotary ,
Lawrence E. Welker
Prothonotary
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902U2
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse * Carlisle, PA 17013
TO: Catricia M. Hill
633 Cumberland Pointe
Mechanicsburg, PA 17055
In the Court of Common Pleas of CUMBERLAND County, pennsylvania
UGI Utllltles Inc,
Plaintiff
vs
Catricia M. Hill
Defendant
Civil Action - In Law
No, 00-3220 CV
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
ARBITRATION"
NOTI CE
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 proCeedingc!~~:~ed~e:~~
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Prothonotary
(XX)
( )
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( )
( )
( )
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment
Judgment
Judgment
on Award of Arbitration
on Verdict
on Court Findings
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
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902U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utllltles Inc,
Plaintiff
Civil Action - In Law
vs
No, 00-3220 CV
Catricia M. Hill
Defendant
ARBITRATION
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
PRAECIPE FOR JUDGMENT AGAINST
DEFENDANT FOR FAILURE TO PLEAD
To the Prothonotary:
COUNT 1
UGI Utilltles Inc, vs,
Catricia M. Hill
Kindly enter default judgment in favor of
Utilities Inc, and against Defendant, Catricia
to plead to Plaintiff's Complaint as follows:
Plaintiff, UGI
M. Hill for failure
Amount Past Due:
TOTAL
$ 5326,45
$ 5326.45
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.
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2,
Hill, is
17055,
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902U2
The true and correct address of the Defendant, Catricia M,
633 Cumberland pointe, Mechanicsburg, Cumberland County, PA
Krzywicki and Associates
DATED: July 12, 2000
By:
Ant 0 Y P 1
1 Ne h lny Inte x
P,O. ox 505
New Hope, PA 18938
800-296-2103
Attorney for Plaintiff
Attorney I.D. 23754
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03220 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
HILL CATRICIA H
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HILL CATRICIA M
the
DEFENDANT
, at 0019:54 HOURS, on the 26th day of May
, 2000
at 633 CUMBERLAND POINTE
MECHANICSBURG, PA 17055
by handing to
PATRICK HILL (ADULT SON)
a true and attested copy of COMPLAINT & NOTICE
together with
IN ARBITRATION
,
,
and at the same time directing His attention to the contents thereof.
.
,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.82
,00
10.00
.00
34.82
So Answers:
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R, Thomas Kline
05/30/2000
KRZYWICKI & ASSSOCIATES, P,C.
Sworn and Subscribed to before
By:
~kJ~.
Deputy Sheriff
me this
day of
A,D.
Prothonotary
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902U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utillties Inc.
Plaintiff
Civil Action - In Law
vs
No, 00-3220 CV
Catricia M. Hill
Defendant
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ARBITRATION
NOTI CE
TO: Catricia M, Hill
633 Cumberland Pointe
Mechanicsburg, PA 17055
Date: June 22, 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: IS (
Anthony p, KrzYWlckl
1 Neshaminy Interplex
P.O. Box 505
New Hope, PA 18938
800-296-2103
Attorney for Plaintiff
Attorney I,D. 23754
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u.s. POSTALSERvrcE CERTIFICATE 0 MAILING
MAy BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Rece
Krzywicki & Associates
P,O, Box 505
New Hope, PA 18938'
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PS Form 3817, Mar. 1989
AHix te, here In stamps
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902U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utillties Inc.
Plaintiff
Civil Action - In Law
vs
No, 00-3220 CV
Catricia M, Hill
Defendant
ARBITRATION
,\""", \ \ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
The undersigned hereby certifies that written notice of intention to
file a praecipe for entry of judgment by default against the
defendant, Catricia M, Hill, 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.
Krzywicki
d Associates
DATED: July 12, 2000
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902U2
In the Court of Common Pleas of CUMBERLAND County, pennsylvania
UGI Ut~lit~es Inc.
Plaintiff
Civil Action - In Law
vs
No, 00-3220 CV
Catricia M, Hill
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, Catricia M, Hill, 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. The defendant, Catricia M, Hill, is more than 18 years of
age and currently resides at 633 Cumberland pointe, Mechanicsburg,
PA 17055.
3. I have ascertained the above information by personal
investigation and make this affidavit with due authority.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
UOI Utilities Inc,
Plaintiff
( ) Confessed Judgment
(XX) Other
vs.
File No.: 2000-3220-CV
Amount Due: $1326.45
Interest: $53.26
Arty's Comm:
"?
Costs: 1>lO).UO
Catricia M. Hill
Defendant
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property
pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest
and costs, upon the following described property of the defendant( s)
All personal property of belonging to Catricia M. Hill of 633 Cumberland Pointe,
Mechancisbutg, PA 17055
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs,
as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personality list) _
And all other property of the defendant(s) in the possession, custody or control of the said
gamishee(s).
D (Indicate) Index this writ against the garnishee( s) as a lis pendens against real
estate of the defendant(s) described in the attached exhibit.
Date: August 23, 2000
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-3220 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
UGI Utilities, Inc.
To satisfy the debt. interest and costs due
PLAINTIFF(S)
Catricia M. Hill, 633 Cumberland pointe, Mechanicsburg . PA 17055.
from
DEFENDANT(S)
All ,personal
(1) You are directed to levy upon the property of the defendant(s) and to sell
property belonging to Deft.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of '
GARNISHEE(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property ofthe defendant(s) not levied upon an subjecllo attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as agarnishee and is enioined as above
stated.
Amount Due $ 1 , 326 . 4 5
$53.26
L.L.
$.50
$1.00
Interest
Atty's Comm
Atty Paid $.106.82
Plaintnf Paid
%
Due Prothy
Other Costs
Date:
October 26, 2000
CURTIS R. LONG
ota y, Civil Division
by:
REQUESTING PARTY:
Name Anthohy P. Krzywicki, Esq.
Address: POBox 505
Deputy
Attorney for:
Telephone: (215) 862-4390
Supreme Court ID No. 23754
New Hope PA
Plaintiff
18938
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STA YED_
Sheriff's Costs:
Advance Costs:
Sheriff's Costs:
150.00
98.75
51. 25
\
Docketing $
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge 10.00
Levy 20.00
Post Pone Salet5. 00
Garnishee
18.00
1. 93
10.00
.50
1.00
22.32
Refunded to Atty on 1/2/02
98.75
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-;ZGfJ, Sworn and Subscribed to before me
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this '/ E:: day o~
2001 A.D.~" CJ~f#
pr th notary
So Answers;
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R. Thomas Kline, Sheriff
By r /0 ('~ILQlf.wbaJtv
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
UGI Utilities Inc.
Plaintiff
( ) Confessed Judgment
(XX) Other
vs,
File No.: 00-3220-CV
Amount Due: $1326.45
Interest: $53.26
Arty's Comm:
Costs: $
Catricia M. Hill
Defendant
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgment; but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property
pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest
and costs, upon the following described property of the defendant( s)
All property belonging to Catricia M. Hill, 633 CuIhberland Pointe, Mechancisburg, P A
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs,
as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies oflengthy personality list)_
And all other property of the defendant( s) in the possession, custody or control of the said
garnishee( s),
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real
estate of the defendant(s) described in the attached exhibit.
Date: August 1,2001
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R. Thomas K1ine,Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Advance Costs:
Sheriff's Costs:
150.00
46.81
103.19
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
.91
J
1.00
6.90
Refunded to Atty on 7/3/02
20.00
46.81
Sworn and Subscribed to before me
So Answers;
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R. Thomas Kline, Sheriff
Bt~ Quti'lol1~~4f
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I
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.
00-3220 CIVIL 1~ TERM
CIVIL ACTION - LAW ~
TO THE SHERIFF OF
CumberlB!ld _______~__COUNTY
To satisfy the debt, interest and costs due ___lJ<:?llltilities , Inc';'.
PLAINTIFF(S)
tram Catricia M. Hill, 633 Cumberland Pointe, Mechanicsburq, PA
DEFENDANT(S)
(1) You are directed to levy upon the property at the detendant(s) and to sell All Property belonging
to Catricia M. Hill, 633 Cumberland Pointe, Mechanicsburg, PA
(2) You are also directed to attach the property of the detendant{s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notijy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or. otherwise disposing
thereof; -
(3) If property of. the defendant(s) not levied upon an subject to attachment is tound in the possessionofanyorye other
fhan a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoineCf as above
stated_
Amount Due
Interest
Ally's Comm
Ally Paid
Plaintiff Paid
$1326.45
$'" ?h
%
LL
Due Prothy
Other Costs
$1.00
$218.07
Date:
January 7, 2002
Curt R. Long
Prothonotary, Civil Division
a.a"" I" 2, 7f09A",'>f~
Deputy
~
REQUESTING PARTY
Name
Address:
Anthony P. Krzywicki, Esq~__
PO Box 505
New Hope, PA 18938
Attorney lor: Plaintiff
Tetephone: ?1'i-R6?-41QI)
Supreme Court 10 No, 23754