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HomeMy WebLinkAbout02-57882469U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI utilities Inc. Plaintiff vs william DeJesus Defendant Civil Action - In Law ARBITRATION COMPLAINT NOTICE YOU have been sued in Court. If you wish to defend against the claims set forth in the following pages, you ~ust take action within twenty(20) days after this complaint and notice are served, by entering a writte~ 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 T~AT 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 LJ~WYER AT ONCE. IF YOU DO NOT HAVE A I~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TgE OFFICE SET FORTH BELOW TO FIND OL~ WHERE YOU C~LN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-910 2469U2 In the Court of Common Pleas of UGI Utilities Inc. Plaintiff VS William DeJesus Defendant CUMBERLAND County, Pennsylvania Civil Action In Law 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, William DeJesus, is an adult individual residing at 512 North Front Street, Wormleyburg, PA 17043. COUNT 1 UGI Util~ Inc. William DeJesus vs. 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 William DeJesus. 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. 2469U2 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 the Plaintiff the following sums for which judgment against the Defendant: from the Defendant Plaintiff demands to DATED: November 25, 2002 Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 1816.81 $ 425.00 $ 55.50 $ iO0.O0 $ 2397.31 Respectfully submitted, Krzyw~ Associates BY:Ant/ony P. Krzywicki 49/North S. uea~Road P/O. Bo3f/505 [ yew Hj>pe, PA 1~938 Attorney I.D. 23754 VERIFICATION l, Jeff Graeff, an employee of UGI 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. Dated: U~ Utilities, Inc. 2469U2 STATEMENT OF ACCOUNT William DeJesus established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 220-494-7400-83 G 3415 Sharon Street Harrisburg, PA 17111 / / $~816.81 Total Delinquent Balance: $1816.81 EXHIBIT A SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05788 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UGI UTILITIES INC VS DEJESUS WILLIAM R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and[ inquiry for the within named defendant, DEFENDANT DEJESUS WILLIAM unable to locate Him COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to , DEJESUS WILLIAM PER CURRENT TENANT, WILLIAM DEJESUS MOVED OUT AT LEAST ONE YEAR AGO. Sheriff,s Costs: Docketing 18.00 Service 11.04 Not Found 5.00 Surcharge 10.00 .00 44.04 R~. Thomas Kl'1~e Sheriff of Cumberland County KRZYWICKI & ASSOC 12/19/2002 Sworn and subscribed to before me this '~.~{ day of ~ ~ 3 A.D. Pr~tt~onot~ry ~ ~