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Home My WebLink About02-57892712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Harry T. Judy Defendant Civil Action No. ARBITRATION In Law COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you m~st 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 W;~RNED T~LAT 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 reliei requested by the plaintiff. You may lose ~oney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT }LAVE A L~WYER 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) 990-910 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Harry T. Judy Defendant 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, Harry T. Judy, is an adult individual residing at 624 3rd Street, New Cumberland, PA 17070. COUNT 1 UGI Utilz m~-~i~-~ Inc. vs. Harry T. Judy 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 Harry T. Judy. 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. 2712U2 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 the Plaintiff the following sums judgment against the Defendant: and owing from the Defendant for which Plaintiff demands to DATED: November 25, 2002 Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 2845.82 $ 425.00 $ 55.5O $ loo.oo $ 3426.32 Respectfully submitted, By:Kr~Ass°ciates A~thony P./K~icki 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Jeff Graefi; 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: UGI Utilities, Inc. Jeff 2712U2 STATEMENT OF ACCOUNT Harry T. Judy established the following accounts with UGI Utilities with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 213-159-6265-89 G / / $2845 82 224 Reno Street New Cumberland, PA 17070 ' Total Delinquent Balance: $2845.82 EXHIBIT A SHERIFF'S RETURN - REGULAR CASE NO: 2002-05789 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS JUDY HARRY T KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUDY HARRY T the DEFENDANT at 624 3RD STREET REAR , at 1832:00 HOURS, on the 5th day of December , 2002 NEW CUMBERLAND, PA 17070 by handing to GENE PJtSMUSSEN, ROOMMATE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this _J~ day of ~-~ ~t~j~ A.D. ~P~othonotary A~/~ So Answers: R. Thomas Kline i2/0 /2002 KRZYWICKI & ASSOC By: 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Harry T. Judy Defendant Civil Action - In Law No. 02-5789-CV+ ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. Harry T. Judy Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Harry T. Judy for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 2845.82 Fees: $ 425.00 Court Costs: $ 55.50 Service Costs: $ 100.00 TOTAL $ 3426.32 together with interest thereon from the date of judgment forward and all costs of this action. 2712U2 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, Harry T. Judy, is 624 3rd Street, New Cumberland, Cumberland County, PA 17070. DATED: February 13, 2003 Krz.yw~ssociates BY:Ant~ny_~x~. Krz/~i ki 49/Nor~,~Sugan Rc~d P.A. Sox sos ,,._ N6-w~Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF' S RETURN - REGULAR CASE NO: 2002-05789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS JUDY HARRY T KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JUDY HARRY T the DEFENDANT at 624 3RD -STREET REAR NEW CUMBERLAND, PA 17070 GENE RASMUSSEN, ROOMMATE , at 1832:00 HOURS, on the 5th day of December , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE -- together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 11 73 00 10 00 00 39 73 So Answers: R. Thomas Kline 1~/09/2002 KRZYWICKI & ASSOC Prothonotary 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Harry T. Judy Defendant Civil Action - In Law No. 02-5789-CV+ ARBITRATION NOTICE TO: Harry T. Judy 624 3rd Street New Cumberland, PA 17070 Date: December 30, 2002 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 Anthony zywlcki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Harry T. Judy Defendant (s) Civil Action - In Law No. 02-5789-CV+ AFFIDAVIT OF SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first c~ass mail on 12/30/2002. Anthghy P/Krz/~cki Att~r~e~/.for~i~nt~ff,~/ Kr~fwi)~ki and Ao~_q~s P..~ox 505 NeC Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY , 2o°3 OF ~o~ ~ub~-~ ' / MiOHELLE PYA~ ~,~OTARY PUBLIO OF NEW ,'d~ OO~M~;3tON EXPIRE8 aULY 9, ~0~ 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Harry T. Judy Defendant Civil Action - In Law No. 02-5789-CV+ ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Harry T. Judy, 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: February 13, 2003 Krzywic~ssociates BY:Antho~ p. 3~-z~cki 49 N~th/9~gan ao~d At~torney for Plaintiff Attorney I.D. 23754 2712U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Harry T. Judy Defendant Civil Action No. 02-5789-CV+ ARBITRATION In Law 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, Harry T. Judy, 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, Harry T. Judy, is more than 18 years of age and currently resides at 624 3rd Street, New Cumberland, PA 17070. 3. I have ascertained the above information by personal investigation and make this affidavit~authority. Ar~hony P~~zyw~cki Swor_n to and suk~seribed.~efo~re : ~/ /~~ me t~s ~3 ~ay/o~ February ~2003/~ / ~ NOTARY PUBLIC OF NEW JERSEY _ ~Y CC,~.~MISSiON EXPIRES JULY 9, 2~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION PRAECIPE FOR WRIT OF EXECUTION UGI Utilities Inc. Plaintiff ( ) Confessed Judgment (XX) Other VS. Harry T. Judy Defendant File No.: 02-5789 CV Amount Due: $3426.32 Interest: $34.26 Atty's Comm: Costs: $ 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 Harry T. Judy located at 624 3rd St, New Cumberland, PA 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 po,ssession, custody or control of the said garnishee(s). ['-] (Indicate) Index this writ against the garnishee(s) as~a~lis pendens against real estate of the defendant(s)described in the attachede~bit. ~ /]/~/r~th~oo~' ~~~ic Date: February 24, 2003 ~ox 505, New HopXe74XA-H]938 Attorney for Plaintiff 215-862-4390 ID No. 23754 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5789 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UGI UTILITIES, INC., Plaintiff (s) From HARRY T. JUDY, 624 3m~ ST., NEW CUMBERLAND, PA (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY BELONGING TO HARRY T. JUDY LOCATED AT 624 3m~ ST., NEW CUMBERLAND, PA. (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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3426.32 L.L. $.50 Interest $34.26 Atty's Comm % Due Prothy Atty Paid $121.73 Other Costs Plaintiff Paid $1.00 Date: MARCH 3, 2003 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, PA 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ID No. 23754 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 2.16 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 23.46 Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 Garnishee TOTAL $ 110.12 Advance Costs: 150.00 Sheriffs Costs: 110.12 $ 39.88 Refunded to Atty on 09/09/03 Sworn and Subscribed to before me This ~b _~day of 2003 A.D. l~rothonotary By Claudia A. Brewbaker