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Home My WebLink About01-57672042UP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Hertz-A-Crete Defendant Civil Action - No. O'- 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 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 T~AT IF YOU FAIL TO DO SO TEE 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 SEOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CABOT AFFORD ONE, GO TO OR TELEPEONE TEE OFFICE SET FORTE BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-910 In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs. Hertz-A-Crete Defendants Civil Action No. - ARBITRATION - In Lawr ~ COMPLAINT 1. This is an action by plaintiff, UGI Utilities Inc. to recover damages from defendant arising out of damage to property owned by UGI Utilities Inc.. 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 17602. 3. Defendant, Hertz-A-Crete, is an unincorporated association conducting business at 116 E. Green Street, Shiremanstown, PA 17011. COUNT 1 UGI Utilities Inc. vs. Hertz-A-Crete 4. At all times 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. Defendant did not comply with the Underground Utility Line Protection Law, Act 187 of 1996. 6. Defendant performed excavation work on June 13, 2001 at 10 W. Green Street, Shiremanstown, PA 17011. 7. Defendant did not request to identify the location of underground pipes through the Call One System. 8. Defendant did not exercise due care and did not take all reasonable steps to avoid damage or injury to property owned by UGI utilities Inc.. 9. Defendant damaged a utility line owned by plaintiff. 10. 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. 11. Plaintiff has been damaged in the amount of $627.16 plus costs and attorneys fees. WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums: Amount Past Due: $ 627.16 Attorney Fees: $ 250.00 Court Costs: $ Service Costs: $ TOTAL $ 877.16 DATED: September 6, 2001 Respectfully submitted, By: Krzywicki and Associates Anthpo ~~Y ~ rzywic i New~oe, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, James R. Gallagher, 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. Jarr~ R. Gallagher 2042UP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Hertz-A-Crete 116 E. Green Street Shiremanstown, PA 17011 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Hertz-A-Crete Defendant Civil Action - No. 01-5767 ARBITRATION In Law 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. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 2042UP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Hertz-A-Crete Defendant Civil Action - No. 01-5767 ARBITRATION In Law PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI utilm z-~-i~ Inc. Hertz-A-Crete vs. Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Hertz-A-Crete for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 627.16 Fees: $ 250.00 TOTAL $ 877.16 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. 2042UP 2. The true and correct address of the Defendant, Hertz-A-Crete, is 116 E. Green Street, Shiremanstown, Cumberland County, PA 17011. DATED: December 21, 2001 Krzywicki an~ciates Anthony 49 Nor~/h S/gan Road-r P.O. ~o~05 __ New ~, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 2375~ SHERIFF'S RETURN - CASE NO: 2001-05767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS HERTZ-A-CRETE REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon" HERTZ-A-CRETE the DEFENDANT , at 1612:00 HOURS, on the 8th day of October , 2001 at 116 E GREEN STREET SHIREM3kNSTOWN, PA 17011 by handing to WEIR HERTZLER a true and attested copy of COMPLAINT & NOTICE together ~i~h and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 10/09/2001 KRZYWICKI & ASSOCIATES ~- Deputy 2042UP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Hertz-A-Crete Defendant Civil Action - No. 01-5767 ARBITRATION In Law NOTICE TO: Hertz-A-Crete 116 E. Green Street Shiremanstown, PA 17011 Date: November 13, 2001 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 P. ywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2042UP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Hertz-A-Crete Defendant ICivil Action No. 01-5767 ARBITRATION In Law The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Hertz-A-Crete, 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: December 21, 2001 Krzywicki ~ciates BY:Anthony. P/Kr~zc~ 49 Nort~'_Su_~fn Road ~ P.O. Bo~5 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2042UP In the Court of Common Pleas of CUMBERLg2XlD County, Pennsylvania UGI Utilities Inc. Plaintiff vs Hertz-A-Crete Defendant Civil Action - No. 01-5767 ARBITP~ATION In Law AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. 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, Hertz-A-Crete, 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, Hertz-A-Crete, is more than 18 years of age and currently resides at 116 E. Green Street, Shiremanstown, PA 17011. 3. I have ascertained the above information by personal investigation and make this affidavit with du~thority. MICHELLE PYAT~ NOTARY PUBLIC OF NE~ JEFI,~'Y MY COMMISSION EXPIRES JULY 9. 2002