HomeMy WebLinkAbout97-05917
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IN THE COURT OF COMMON PLEAS OF CUMIJERLAND COUNTY, PENNSVI, VANIA
CIVIL IJIVISION - LA W
UGI UTILITIES. INC.
P.O. Bo)( 25148
Lehigh Valley. PA 18002-5148
vs.
File No.: f);/- 11/7
(II (if C
KINSLEY CONSTRUCTION
RD8
York. PA 17402
Civil Action:
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in civil action
in the above case,
~ Writ of Summons shall be issued and forwardcd to Sheriff.
ROEGER. WALKER. CASSEL & HOLKO
609 Hamilton Mall
Allcntown. PA 18101
(6101433-5850
Namc/ Addressrrelcphone Number of Attorney
Datc: October 22. 1997
Suprcme Courll.D. Number: 37386
...*.
SUMMONS IN CIVIL ACTION
TO: Kinsl~y Construction
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAI~T1FF HAS COMMENCED AN ACTION
AGAINST YOU.
Date:
/0- J- 4 - 17
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NOr 1997-05917 P
CO""ONWEALTH OF PENNSYLVANIA:
COUNTY OF CU"BERLAND
UGI UTILITIES INC
VS.
KINSLEY CONSTRUCTION
R. Thomas Kline . 5h.ri~~, who being duly sworn sccording
to law, says, that he made a diligent ..arch and inquiry ~or the within
named de~endant, to wit: KINSLEY CONSTRUCTION
but was unable to locate Them in his bailiwick. He there~ore
deputized the sheri~~ o~ YORK COUNTY County, Pennsylvania.
to serve the within WRIT OF SU""ON5
On November 24th. 1997
the attached return ~rom
. this
COUNTY
of~ice was in receipt o~
County, Pennsylvania.
YORK
Sheri~~'s Costsr
Docketing
Out o~ County
SurcharHe
YORK CO NTY
So answers:
18.00
9.00
2.00
21. 86
- --- >. / -
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R. Thomas ~line, Sher1%%
e~0.B6 ROEGER WALKER CASSEL HaLKO
11/24/1997
Sworn and subscribed to before me
"-
this .L'I - day o~ ,'wI>< M (.~~
19 q., A. D.
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~l I. n. 11.\,1 1',',. Ul,JLJ'
M pr'5'thono~ary . .
'-UIIIUC'1 &,,&IIU ,-lJUII".',
IlG) t.:J:i1ities, Inc.
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Kinsley Construction
llio, 97-5917 Civil Term 19_
I'ow, Oc t.
YOrK
27,
1~~., SHERIFF or Cl'MBERLA:'iD COl~TY, fA do bmb~' d.purlzelbe Sbtrlffor
Coual)'lo U.CUle this \Vrlt,lhls deputalloa b.la~ made at tb. request aDd risk orlb. Plaintiff.
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Affidavit of Senoice
l'ow,.Jjovembel' 6, lqq7
wltbin Summons In Civil Act.ion
19
.ar 12: 45
o.clock P . ~l. sened tbe
upon l(inQ1py f"'nnQtr'lIrtinrl
ar
bybandla~to Tina O'8l'ien, Office ManageI' who accepted
artemd cOP~'Ofl~~~r~~rJ;~Ct10n Summons in Civil Action
he I' Ihe coo rents tbereof.
fol' Kinsley
a true aad
and mad. kao",n to
So :1n5WerS,
~
Al(~~
-
Sherlffof YOl'k
Coun~, Po,
Jack Klingaman, Deputy Sheriff
COSTS
~\\l)rn ;and 5ub~crih~d before
mothb 21st dJ~ofNovember 9 97
SERVICE
MILEAGE
AfFlOnn
s
18.00
1.86
2.00
NO'.lilt rlpill
MHh~.l ,j (; 1',,' ,rv rlllJlir.
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Uy Cl~tn'ld -. . ':"1: 'I 1'1<'1
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21.86 Paid
IN THE COURT OF COMl\-iON PLEAS OF CUMBERLAND COUNTY
CIVIL DIVISION . LAW
UGI UTILITIES. INC., )
Plaintiff )
)
VS. )
)
KINSLEY CONSTRUCTION, )
Defendant )
NO. 97-5917
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 PERSON ALL Y 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.
COURT ADMINISTRATOR
4TH FL CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA \7013
(717) 240-6200
Dated: ~.I 7 .1 y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION. LAW
UOI UTILlTIES.INC.,
Plaintiff
No. 97-5917
vs.
KINSLEY CONSTRUCTION,
Defendant
COMPLAINT
AND NOW comes the Plaintiff, UOI Utilities, Inc. by and through its counsel, Roeger.
Walker. Cassel & Holko, and avers as follows in support of its Complaint against the Defendant
in this matter:
I. The Plaintiff. UOI Utilities. Inc.. is a Pennsylvania Corporation having its registered
offices at Green Hills Corporate Ccnter. Ste. 400. 100 Kachel Boulevard. Reading. Berks
County. Pennsylvania.
2, The Defendant, Kinsley Construction. is believed to be either a Pennsylvania
Corporation, a Sole Proprietorship, or a Pennsylvania Partnership with a business address of
RD#8. York. York County. Pennsylvania 17402.
3. It is believed and therefore averred that the Defendant is in the
exca vatinglconstructionlcontracting business.
4. At all times relevant to the within cause of action, the Defendant acted by and through
its owners, agents, servants and employees, who were acting within the scope of their
employment with the Defendant.
S. AI all limes releYillll herehl, Phlinllff was Ihe lIwner lIr c'ertilln Mil' pipelines situated
undcr the strcel surface on Winding lIill RlI,1l1 and RlIule I' in tipper Allen TlIwnship,
Cuml1erland County, Pennsylvania.
6. On or uhout Noyelllhcr 21, 1l)I)S, ulIIl for MIme lime prillr theretll, l>Cfcllllunt
individuully und Ihrough ils owners. ugents und emplllyees. phmnelltll cnguge in construction
and/or excuvution at the uforesuid locutilln.
7. At ulltimcs relevunlto the within cause lIf uction, l>Cfendunt fuiledlU comply with its
duties a.s set forth in 73 P.S. ~ 17fl, el seq.
8. At all times relcvant to the within cuuse of uclilln, PluintllT cllll1plied with its duties as
set forth in 73 P.S. A 17fl, cl sell., and properly Illurkedlhe loculion lIf its fucilities utthe
uforesuid locution.
9. Defendunt, hy and through it, lIwners, ugenls, servllnls und employees, conducted
excuvation und/or conslruction allhe ufllrclllcntillnedlllculilln ulIIl dUlllugcdthe ufllresuid ga.s
pipeline owned hy the Plaintiff. l'uusing it gu, Icuk.
10. Defendant specificully ignorcd Ihe c1eurly murkedlocution of the Pluintifrs fucililies
ut Winding Hill Roud und RI. IS,lIpper Allel1 TlIwn,hip, ('ullll1erlund County,Pennsylvania.
I \. Defendunt. Ihrough ils owners, ugenls, ,ervunls ulIIl employecs, was negligent in the
following aspecls:
a. in failing to prlllectPlail1lill's gi... Iinc,;
h. in failing to nOlify Plainlill' when DcfcOllunt uncovered Ihe said gas pipeline,
and at such time re1luesling ussislance wilh Ihe sume;
c. in failing to exercise due care and take all reasonable steps necessary to avoid
injury to or interference with Plaintiffs lines while Defendant was working in and around said
lines;
d. in failing to perform hand-dug test holes to ascertain the precise position of
Plaintiffs lines;
e. in failing to plan the excavation and or construction to avoid damage to, or
minimize interference with Plaintiffs lines;
f. in failing to coordinate Defendant's excavation with Plaintiff;
g. in failing to consult with Plaintiff;
h. in failing to take all reasonable steps necessary to protect Plaintiffs lines once
they were exposed;
i. in disregarding the Plaintiffs markings showing location of gas lines;
j. in damaging said gas pipelines which were in fact actively carrying gas, thereby
creating a gas leak and the potential for a catastrophic event; and
k. in failing to otherwise use due care under the circumstances as set forth above.
12. By reason of the negligence of the Defendant, Plaintiff incurred the cost to bring
emergency personnel to the scene to repair the damage to its lines, as is more specifically set
forth in Exhibit "A", attached hereto. at the cost of $10,503.95.
13. Pla:ntiff mailed an invoice to the Defendant on May 15. 1996, a copy of which is
attached hereto and marked Exhibit "B", requesting reimbursement for the cost of the damage
done.
14. Defendant has failcd 10 rcilllhm'sc "Iuinllff fur Ihe dlllllllgc 10 its lincs. dcspite written
requests given to Defendantlln numcrous lli.'ClISinns, liS evidcnccd by Ihc Icttcrs attached hereto
and marked Exhibit "C",
WHEREFORE. Plaintiff dcmllnds judgment ill its fllvnr IInd against Defendant. Kinsley
Construction, in tbe amnuntllf $IO,~()].I)~, with illlerestlhcreoll from November 21. 1995 to the
present plus dclay damagcs IIIl1I cmls nf suil.
ROEOER, WALKER. CASSEL & HOLKO
~
VERIFICATION
I, Jeffrey T. WOodWlICd, Division Claims Administrator, UGI Utilities, Inc" herein states'
that the facts set forth in the foregoing complaint are true and correct to the best of my
knowledge. information and belief, and that this statement is made subject to the penalties of 18
Pa. C.S.A. ~ 4904, relating to unsworn falsificatic,n to authorities.
I~~Y
odward
Claims Administrator
i1ities, Inc.
Dated:
'1-/7' fer
15
Ut-l.
Billing Work Sheet (
IJ '-1 ~()vf.:J"/
)!1.Damages Co Our Facillllll
o Services Perlormed 'or Olhers
Inv, No.
"'111 f" J. 1/11 r.
Oamage No. 1 9 j -0 lO 1
"
COSI 01 repairs 10 'ur Fac i 11 t h s
Oall Prepared
'acililles aC
4/02/96
Address
Wind ina Hill Rd, & Rt. 15
UDoer Allen Twn.
Oameged byyou on 11/21/95
Bill 10: Name
Addrell
Kinc;1ey r.nn~trll~r:ian
Rn R
Prepared By:
N ~o:; ~::
UGI Labor
Employ.. Name
Charles Busler
Gary Glessner
Alvin S ra ue
Rand Robertson
Employ..
Classification
Tech
Svc Tech III
Mech III
Mech II
Mech II
Tech
Welder
Mech II
Ollie Williams
Robert Richmond
Brendan Re olds
Jerome Pettis
Contractor Costs
1. Sub-Total UGI Labor
2. Taxes & Insurance
% of UGI Labor Only
~ ~/4t
ii9. !f,
Equlpmenl
Group 110 Passenger Cars
Group 141 Ughl Trucu 15000-9000 lb., Groll WlI
Group 143 Heavy TruekslOver 9000 lb.. GrOll WlI
I Houri
I
I
, Rile Per Hour
XXXlOOOOOOOOl
Group 320 Compressors, Mounled Uncluding Vehicie)
Group 330 Comprllsors, Portlble
Group 360 Trenching Machines
Group 370 Agroholl and Backholl
Group 360 Welding Machines Uncluding VehICles)
I
.
.
I
EXHIBIT
flAil
S.. QUI., Sid.
U~
UGI UIlIIIlIS. lnc
G.uOI.....Slon
2121 C,lV llnl Road
POll Ollico 80. 251'8
l.n,i" ValllY. PA 1800lo51ol1l
16101868,0951 rlllpllono
IIU"flll. lilt
May IS, 1996
Kinsley Construction
RD 8
York. PA 17402
Gentlemen:
Please find enclosed two copies of our Invoice No. 6-2-0239 which represents
UGI's cost of repairs to our gas main facilities at Winding Hill Road & Rt. 15,
Upper Allen Twp. damaged by you on November 21, 1995.
We will appreciate your immediate attention regarding payment for these damages.
Sincerely,
Jeff Woodward
Division Claims Administrator
JW:kg
Enclosures
1 EXHIBIT
,
I ('GlI
U.t-#
(
U~: U:...:I!S In:
:O~J..J:i': 3~t.u~.tC:
-:s:)",:,.a3JI:Z571
'"'U:~; :I:" 19~:,.Z577
II 111" II J. ,AI:
':': .::1:~j Tele:.":"";
I Kinsley Construction -, DATE April 25, 1996
RD 8 OUR INV. NO, 6-2-0239
York, PA 17402 OUR O.c. NO.
2-95:0101
L ..J YOUR JOB NO.
fiRMS: CoUH
To insure proper credit to your aC::Junt,:: use return canary copy at invoice with your reminane..
Cost of repairs to our facilities at Winding Hill Road
and Rt. 15 Upper Allen Township damaged by you
on November 21, 1995.
Labor
Labor Overhead
Material
Other Charges
Overhead
Contractor's Cost
S 2.199.30
439.86
836,25
82.00
570.33
637621
Total Amount Due
S10,503.95
"
('
LAW OFI'!CES OF
ROEGER, WALKER, CASSEL & HOLKO
WILLIAM C ROEGER, 1R.
JAMES C WALKF.R
PAUUNI! M. CASSEL
/05EPII A HOlkO
JOHN E. KAUNKOS
KEVIN ,. KELUHER
THE SOVEREIGN BUILDINO
009 HAMILTON MALL
ALLENTOWN, PENNSYLVANIA 18101
210 WEST WALNtlT STREET
PO aax :ZS9
PERKASIE, PA 1'944.()259
1:115) ZS7.]666
FAX 12151..53.0892
(6101.33~llIlO
FAX 16101776,878.
(((
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February 4, 1997
Kinsley Construction
R.O. #8
York, PA 17402
RE: UOI Uti/mes, Inc. v. Kins/ey Construction
LocaJion oJ'Damage: Winding Hill Road & RI. 15, Upper A//en Township
Date of Damage: November 21, 1995
Amount of Damage: $10,503.95
Dear Sir/Madam:
Please be advised that I represent UOl Utilities, Inc., who has requested that I pursue an
action against you for the damages caused by you on November 21. 1995 at Winding Hill Road
& Rt. 15. Upper Allen Township.
If you have not already done so, please turn this matter over to your liability carrier and
ask that representation from that company to contact me immediately. If you do not have liability
insurance, please have one of your representatives contact me so that we can discuss this matter
in order to avoid the cost of litigation. If I do not hear from you or your liability carrier within
a reasonable period of time, I will file a complaint.
Very truly yours,
Joseph A. Holko
JAH:baf
cc: Mr. Jeffrey T. Woodward
5 EXHIBIT
A
f II C-\'
UGI UtlhUts. Inc
G.SOIYlSlon
2121 Clry Lme Raid
Post Otlle. 80.1; 25148
ltnogll VJllty, PA 1800/\148
16101866,09\1 Ttl.pIlont
Uf-I
/I(/lIrlll. ""
October 7, 1996
Kinsley Construction
RD 18
York, PA 17402
Gentlemen:
Enclosed is a copy of Invoice 16-2-0239 which was sent to you on May 15, 1996
regarding damages to UGI gas service facilities at Winding Hill Road & Rt. 15,
Upper Allen Twp. damaged by you on November 21, 1995.
We have not had any response to date from either your firm, or your insurance
carrier, regarding payment for these damages.
We will appreciate hearing from you regarding this claim so that we may proceed
accordingly.
Sincerely,
Jeff Woodward
Division Claims Administrator
JW:kg
Enclosure
.
....
.
,
cause of action complied with the provisions of 73 P.S, 5176, et
seq., as set forth in New Matter, infra.
8. Denied. To the contrary, Plaintiff failed to comply with
the provisions of 73 P.S. 5176, et seq. in that its facilities were
not marked and, in addition, were improperly located, as set forth
in New Matter, infra,
9. Admitted in part I denied in part, It is admitted that
Defendant, by and through its owners, agents, servants, and
employees, conducted excavation and/or construction at the
aforementioned location. It is specifically denied that any act or
failure to act on its part caused any damage to Plaintiff's gas
pipeline or was the cause of any leak of Plaintiff's gas pipeline.
To the contrary, Defendant at all times acted in accordance with
the provisions of 73 P.S. 5176, et seq.
10. Denied. To the contrary, Plaintiff's facilities were not
marked.
11. Denied. It is specifically denied that Defendant, or its
owners, agents, servants or employees, were negligent in any
respect, and to the contrary it is averred that it at all times
acted properly and in a reasonable manner, in accordance with all
provisions of 73 P.S. 5176, et seq.
a-j. The averments of subparagraphs a through j are
denied generally pursuant to Pa.R.C.P. 1029(e).
k. Denied. The averments of subparagraph k are
prohibited by case law.
2
12. Denied, It is specif ically denied that Defendant was
negligent in any respect, and to the contrary it is averred that it
at all times acted reasonably, properly, and in accordance with the
provisions of 73 P. S. U 76, et seq. After reasonable
investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the remaining
averments of paragraph 12, and proof thereof is demanded.
13. Admitted.
14. Admitt-ad.
WHEREFORE, Defendant demands judgment in its favor and against
Plaintiff, UGI Utilities, Inc.
NEW MATTER
15. On February 16, 1995, Defendant obtained a serial number
from the Pennsylvania One Call System in accordance with 73 P.S.
~180, with regard to the construction project at Winding Hill Road
and Route 15 in Upper Allen Township.
16. Plaintiff's facilities were not marked at the site of
Winding Hill Road and Route 15.
17. Plaintiff's facilities were improperly located at said
site in that the lines were within the right-of-way line of the
Pennsylvania Department of. Transportation.
lB. Plaintiff, through its agents, servants, and/or employees
represented to Defendant that its facilities were laid at least
seven feet deep and that the line was clear.
19. Plaintiff's damages may have been caused in whole or in
part by the negligence of third persons not presently involved in
3
this action in that the Pennsylvania Department of Transportation
did not notify Defendant of a restriction or conflict for the
Winding Hill Road/Route lS intersection site.
20. Construction of the new ramp at the
Road/Route lS intersection necessitated the
Plaintiff's facilities.
21, The costs Plaintiff seeks to recover from Defendant
resulted from the required relocation of Plaintiff's facilities.
22. Defendant at all times complied with the provisions of 73
P.S. ~176, et seq.
23. Defendant at all times complied with the provisions of 73
P.S. USO.
24. If it should be found that there was any negligence on
the part of Defendant, which negligence is expressly denied, any
such negligence was not a proximate cause of any damages to
Plaintiff.
2S. Plaintiff's damages were caused in whole or in part by an
act of God or by other forces beyond the control of Defendant.
26. If Plaintiff suffered the damages alleged in the
Complaint, those damages were caused in whole or in part by the
negligence of Plaintiff, and recovery in this action is barred or
diminished in accordance with the Pennsylvania Comparative
Negligence Act.
Winding
relocation
Hill
of
4
WHEREFORE, Defendant demands judgment in its favor and against
Plaintiff, UOI Utilities, Inc.
T & COHEN, LLC
By:
nnic uire
Supreme Court No. 74453
100 East Market Street
P. O. Box 15012
York, PA 17405-7012
(717)B46-B8BB
5
'. APIHO-96 THU 12: 32
P,02
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%, Xaitb ROle, ~oj.Qt Manage~ of Xinll.y conltruction,
Ino., ~ei~i authori.ed to do 10. h.~.Qy v.~i!y that the faot. ..t
(o~th in tho fO;AlJoinlJ AD.wer and Now Matter are true and correct
to the I:l..t of my knowledge, info=ation and belief. I undultand
that fal.. Btatement. harein a~e made ~j.ct to the penalti.. of
18 Pa.e.e.A. 14904 relating to Wi.worn talaif1C1ation to
authodt1...
tlatec1:
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CERTIFICATE OF SERVICE
AND NOW, this jr~day of April, 199B, I, Paul W. Minnich,
Esquire, hereby certify that I have served a true and correct copy
of the within Answer and New Matter by depositing the same in the
United States mail, postage prepaid, at York, Pennsylvania,
addressed as follows:
Joseph A. Holko, Esquire
Roeger, Walker, Cassel & Holko
609 Hamilton Mall
Allentown, PA 1B101
By:
au . Mi ,
Supreme Court No. 74453
100 East Market Street
P. O. Box 15012
York, PA 17405-7012
(717)B46-BBBB
642B4.1
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FT & COHEN, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UGI UTILITIES, INC.,
Plaintiff
No. 97-5917
vs.
KINSLEY CONSTRUCTION,
Defendant
civil Action - Law
PRAECIPE
Kindly enter the appearance of Paul W. ~Iinnlch, J::squire, of
the law offices of Barley, Snyder, Senft & Cohen, LLC on behalf of
Defendant, Kinsley Construction in the above-captioned matter.
By:
au W. Minnic , Esquire
Supreme Court No. 74453
100 East Market Street
P. O. Box 15012
York, PA 17405-7012
(717) B46-88BB
. ~
AND
~IFICATE OF SERVICE
NOW, this ~ day of April, 199B, I, Paul W. Minnich,
hereby certify that I have served the within Praecipe by
Esquire,
depositing the same in the United States mail, postage prepaid, at
York, Pennsylvania, addressed as follows:
Joseph A, Holko, Esquire
Roeger, Walker, Cassel & Holko
609 Hamilton Mall
Allentown, PA 1B101
T & COHEN, l.LC
-.->"~-....-~--
By:
ire
Supreme Court No. 74453
100 East Market Street
P. o. Box 15012
York, PA 17405-7012
(717)846-88BB
64210.1
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IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION. LAW
UGI UTILITIES, INC.
)
)
)
)
)
)
)
NO. 97-5917
Plaintiff
vs.
KINSLEY CONSTRUCTION
Defendant
PRAECIPE AND POWER OF ATTORNEY FOR
SATISFACTION AND/OR TERMINATION
TO THE PROTHONOTARY/CLERK OF SAID COURT:
You are hereby authorized. empowered, and directed to enter. as indicated, the following on the records
thereof:
The within suit is Settled. Discontinued and Ended, with costs paid.
-1L The within suit is Settled. Discontinued and Ended, IDth Prejudice. and costs paid as to the plaintiffs
claim.
The within suit is Settled, Discontinued and Ended. without Prejudice, and costs paid,
...**
Satisfaction of the Award in the within suit is acknowledged.
Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged,
*.. \fl *
Date:
Other
7- j. 9f.
COST PAYMENT VERIFICATION
I understand that the above action cannot be filed and docketed until all costs have been paid, including
Sheriffs costs; and hereby verify that all costs have been paid, I undcrstand that false statements herein are
made subject to the penalties of 18 Pa. C.S.A. Secti relating to unsworn falsificati to authorities.
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