HomeMy WebLinkAbout00-08662
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In the Court of Common Pleas of Cumberland County, Pennsylvania
UGI utilities Inc.
Plaintiff
vs.
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Liberty Excavators, Inc.
Defendants
ARBITRATION
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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In the Court of Common Pleas of Cumberland County, Pennsylvania
UGI Utilities Inc.
Plaintiff
VB.
Civil Action - In Law
No. fJO-it,~:L ~ Tv--
Liberty Excavators, Inc.
Defendants
ARBITRATION
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, Liberty Excavators, Inc., is a corporation
conducting business at 4410 Old Gettysburg Road, Camp Hill, PA
17001.
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COUNT 1
UGI Utilities Inc. vs.
Liberty Excavators, Inc.
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 April 19, 2000
at 1011 Rosedale Avenue, Middletown, PA.
7. 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..
8. Defendant damaged a utility line owned by plaintiff.
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. Plaintiff has been damaged in the amount of $11,174.67
plus costs and attorneys fees.
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WHEREFORE, there is now due and owing from the defendant to
the plaintiff the following sums:
Amount Past Due:
Attorney Fees:
Court Costs:
Service Costs:
TOTAL
$11,174.67
$ 2,800.00
$ 45.50
::; 100.00
$14,120.17
Respectfully submitted,
Krzywicki and Associates
Ant
PO
New Hope, P
215-862-4390
Attorney for Plaintiff
Attorney I.D. 23754
DATED: December 13, 2000
By:
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VERIFICATION
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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
of my knowledge, information and belief. To the extent any averments therein are
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inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which
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are true, but I have knowledge or information sufficient to form a belief that one of them
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is true. This statement is made subject to the penalties of 18 P .A. C.S. Section 4904,
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relating to unsworn falsification to authorities.
UGI Utilities, Inc.
Dated: IZ;/8/00
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" Cyn iil E. Coffin
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08662 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
LIBERTY EXCAVATORS INC
CPL TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LIBERTY EXCAVATORS, INC
the
DEFENDANT
, at 0015:35 HOURS, on the 20th day of December, 2000
at 4410 OLD GETTYSBURG RD
CAMP HILL, PA 17011
by handing to
LESTER L. GOUFFER, JR. V.P.
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
8.68
.00
10.00
.00
36.68
S~~~K~'
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R. Thomas Kline
12/21/2000
KRZYWICKI & ASSOCIATES
Sworn and Subscribed to before By:
me this 8~ day of
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
John L. Shearburn, Esquire
P.G. Box 505
New Hope, PA 18938
(215) 862-4390
Attorney for Plaintiff
Attorney ID. 23754/26852
UGI Utilities Inc.
Plaintiff
Court of Common Pleas
Cumberland County
civil Action No.
vs.
Liberty Excavators, Inc.
Defendant
00-8662
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark this matter settled, discontinued, and ended, for
the defendant upon payment of your costs only.
KRZYWICKI & ASSOCIATES
BY:
DATED: December 27, 2000