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HomeMy WebLinkAbout01-0134 ~." "' , In the Court of Common pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff vs. Civil Action - In Law ~ No. 0/- 13r Gu~C t~ 200 North Third Street, Inc. Defendants 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 .- , " , In the Court of Common Pleas of Cumberland.County, Pennsylvania PP&L Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff vs. Civil Action - In Law No. 01- lay. c.u.;',,)' r L.-o-- 200 North Third Street, Inc. Defendant(s) COMPLAINT 1. This is an action by plaintiff, PP&L Electric Utilities Corp. d/b/a Energy Plus Co. to recover damages from defendant arising out of a debt defendant owes to plaintiff by virtue of an electric service account no. 17730-64002. 2. PP&LElectric Utilities Corp. d/b/a Energy Plus Co. 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 Two North Ninth Street, Allentown, PA 18102. 3. Defendant, 200 North Third Street, Inc., is a corporation doing business at 1200 Camp Hill Bypass, Camp Hill, PA 17011. , 4. At all times relevant hereto, plaintiff was engaged in the business of furnishing, supplying and distributing electric generation to persons and businesses in accordance with Regulations of Plaintiff's the Public Utility Commission. 5. Plaintiff supplied utility service to 200 North Third Street for the benefit of the defendant. 6. At the present time, defendant's account is in default and has an 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 electric which was provided by the plaintiff to the defendant aforesaid, was received, accepted, and utilized for the benefit of said defendant. 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. , lO. 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). ll. Defendant has been unjustly enriched by accepting service without full payment. l2. Under Public Utility Regulation sec. 56.22(a) plaintiff.is entitled to collect a late charge on a delinquent balance at the rate of l.25% per month. WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums for which plaintiff demands judgment against the derendant: Amount Past Due: Attorney Fees: Court Costs: Service Costs: TOTAL $25,04l.8l $ 6,260.00 $ 45.50 $ lOO.OO $3l,447.3l Respectfully submitted, Krzywicki and Associates By: rz cki ew Hope, PA l8938 390 for Plaintiff I.D. 23754 DATED: January 4, 200l " " . VERIFICATION I, Anthony P. Krzywicki, Attorney for PP&L Electric Utilities Corp. d/b/a Energy Plus Co., verifY that the facts, stated in the foregoing pleading, are true and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unsworn falsification to authorities. PP&L Electric Utilities Corp. d/b/a Energy Plus Co. DAlED: January 4, 2001 By: IC ;:. ,. " . . STATEMENT OF ACCOUNT 200 North Third Street, Inc. established the following accounts with PP&L Electric Utilities Corp. d/b/a Energy Plus Co. with the following balances and charges: Account Number/ Service Address Acct Type Service to: Balance 17730-64002 E / 200 North Third Street, Camp Hill, PA 17001 / $25,041.81 Total Delinquent Balance: $25,041.81 EXHIBIT A .f;:. ~. ~~. "L . fr; ~ "'- i-- C"':' ~-~jf2, ~~"~ ~ . . .:-.. -~ ~ C: :-z: 2,~ ,_':. I__:;.~ :;: C? .:~~ ~ -i]lU ''-,)D- ~~ '5 ,=> u 1 >-.. ~~ ~~ , I B 8 Q ~ t, ~ ~ ~ ;; 0-- 0.- ~ \0 ........ ~ ~ 8~ CASE NO: 2001-00134 P SHERIFF'S RETU~j - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTLIITIES CORP VS 200 NORTH THIRD STREET INC CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon 200 NORTH THIRD ST INC says, the within COMPLAINT & NOTICE the DEFENDANT , at 0015:06 HOURS, on the 11th day of January ,2001 at 2016 YALE AVE CAMP HILL, PA 17011 by handing to CHARLIE DAVIS (PREISDENT) a true and atcested 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 9.30 .00 10.00 .00 37.30 ~" ~, '< ".~ '.., ~ III+-~; Sworn and Subscribed to before me this ;2 <IS:::- day of Q<A'u...~ d.<nJ I A . D . q"c- a n"ldl;., ,q6z} P othonotary , S;;~~~~~t R. Thomas Kline 01/16/2001 KRZYWICKI & ASSOCIATES By: c-L- v' De ":,::-. 1733EP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL E~ectric Ut~l~t~es Corp. Plaintiff Civil Action - In Law vs No. 01-134 CV 200 North Third Street Defendant PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Ut~l~t~es Corp. vs. 200 North Third Street Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, 200 North Third Street for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $25041.81 $ 6260.00 $ 45.50 $ 100.00 $31447.31 together with interest thereon from the date of judgment forward and all costs of this action. c~~ 1733EP I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corp., is 827 Hausman Road, Allentown, PA 18104. 2. The true and correct address of the Defendant, 200 North Third Street, is 1200 Camp Hill Bypass,Camp Hill, Cumberland County, PA 17011. DATED: March 13, 2001 By: nd Associates 18938 SHERIFF'S R~TURN - REGULAR \ l:Jo~t' .' . . . . CASE NO: 2001-00134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTLIITIES CORP VS 200 NORTH THIRD STREET 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 200 NORTH THIRD ST INC the DEFENDANT , at 0015:06 HOURS, on the 11th day of January ,2001 at 2016 YALE AVE CAMP HILL, PA 17011 by handing to CHARLIE DAVIS (PREISDENT) 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 9.30 .00 10.00 .00 37.30 S;;~~t R. Thomas Kline day of " Sworn and Subscribed to before By: me this A.D. Prothonotary Q/ . . , . j S. PO T SEllVICE CER lFICATE OF MAlLIN MAY BE USED FOR COMESTlC ANO INTERNATIONAL MAIL Does NOT PROVloe FOR INSURANCE-POSTMASTER ' Roes (\"1jn 3:1'"' PS Form 3817, Mar. 1988 !-hI! / /7c{{ ,t/,.<J ., AffIX fee here in stamp~' Of meter postage ant - _...-I.- lflqyire Q' ~." !n' rn .~~.""~'~I:e::z ~~ - ;; ,:;e c., d: \ - ..:;7 III il. m~",~ .- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA PPL Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff Civil Action - In Law No. 01-134-CV vs. 200 North Third Street, Inc. Defendant( s) NOTICE TO: 200 North Third Street, Inc. 2016 Yale Avenue Camp Hill, PA 17011 DATE: February 12,2001 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: Cwnberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166/(800) 990-9108 Krzywicki & Associates BY: IS/ Anthony P. Krzyvvicki PO Box 505 New Hope, PA 18938 609-397-7200 Attorney LD. 23754 ...-.... 1.733EP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania vs [CiVil Action - In Law No. 01-134 CV PPL Electrlc Utllltles Corp. Plaintiff 200 North Third Street Defendant The undersigned hereby certifies that written notice of intention to file a praecipe for entry of jUdgment by default against the defendant, 200 North Third Street, 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: March 13, 2001 and Associates 18938 .' . " , . . , 1733EP . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electrlc Utllities Corp. Plaintiff Civil Action - In Law vs No. 01-134 CV 200 North Third Street Defendant 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 PPL Electric Utilities Corp., 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendant, 200 North Third Street, 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. years of Hill, PA The defendant, 200 North Third Street, age and currently resides at 1200 Camp 17011. is more than 18 Hill Bypass, Camp 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. rz l MICHE E PYATT ~!lOTARY PUBLIC OF NEW JERSEY M~COMMISSION EXPIRES JULY 9, 2002 '0 ':"'; '"'f.{ . - .~. " -\ ,I'. ;?' ~ lJ ~ ct ' (;;, en ~ .--::; N f-' N :::><>:: ~ -Q JCI wO ~ Z 0-' D:2 E Qc, ~ O.? 1..1--,:" <- "'? ~':;~.. c... ~ .~ O::::J ~ J "T'C., oJ:) ~.~>~ 66~ ~,,::,fa u...:::";- ~-, .:::::.... B jJ .....--7 U:~'~--" a-.:: t~Co 11 -:A -::;. ~- ~ [1J 0- ::: ::':i ~ u.. ::::> \:J'- cJ r::i 0 0 0 'C>r , ~ KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearbum.. Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney ID. 23754/26852 PPL Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff vs. Court of Common Pleas Cumberland County Civil Action No. 200 North Third Street, Inc. Defendant(s) 01-134 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant(s), satisfied and from the record upon payment of your costs only. KRZYWICKI & ASSOCIATES BY: -~. DATED: May 21, '2001 .'> lJ "., ~ 'j~ ).- ?- .- :-'J ~ ~. ,'"(, 2: -', :::::Jo;::r- --'. .~(3 Go- ,- i::.. c..) :::1 -:-'"') >- C-.j ~~;g ".-. .~ ;.lJ[jJ e~ ',;-gQ" .:... ~.;- , =:; d ~. n ~ ~]