The URL can be used to link to this page

Home My WebLink About01-0823 FX ..'- ~ ~- -" ~"' '^' ~~ ,.' ~ ~-~ - 1 1i"1o""-'h',' .. 1184U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilltles Inc. Plaintiff vs Civil Action - In Law No. 01 - fJ.~ C?'U;(.~~ Classic Rags Defendant Martin H. Marietta Defendant Joseph Paul George Defendant 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 , ,,'~ . ,-'.1_"__ ~ , -~ iiIlllW _lltnH,' 1184U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilitles Inc. Plaintiff vs civil Action - In Law No. 01- (.13 ~ r~ Classic Rags Defendant Martin H. Marietta Defendant Joseph Paul George Defendant """"""""""""""""'" , ARBITRATION COMPLAINT 1. This is an action by Plaintiff, UGI Utilities Inc. to recover damages from Defendants arising out of a debt Defendants owe 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, Classic Rags, is a Sole Proprietorship doing business and/or residing at 4314 Chestnut Street, Camp Hill, PA 17011. -=--~rp - ,;.1 ~ I' ,~"_o -~- ~' '" ,,- < '''C-'' 4. Defendant, Martin H. Marietta, is an adult individual residing at 4314 Chestnut Street, Camp Hill, PA 17011. 5. Defendant, Joseph Paul George, is an adult individual residing at 4314 Chestnut Street, Camp Hill, PA 17011. COUNT 1 UGr Utilities Inc. vs. Classic Rags and Martin H. Marietta and Joseph Paul George 6. 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. 7. Plaintiff supplied utility service to Classic Rags and Martin H. Marietta and Joseph Paul George. t. .-~" ....,,,,..'",-~""'--- '" " .,- ,-< Ili'~U;i' , 1184U2 8. At the present time, Defendants account is in default and have 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. 9. The utility service which was provided by the Plaintiff to the Defendants aforesaid, was received, accepted, and utilized for the benefit of said Defendants. Each in ordering and accepting service was acting individually and as agent for one another 10. Defendants are in default of their obligation, having failed to make the payments as they became due. 11. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused and continue to refuse to pay Plaintiff. 12. Despite demands upon Defendants for payment by the Plaintiff, Defendants have failed and refused to pay Plaintiff the balance due and owing on said account(s). 13. Defendant has been unjustly enriched by accepting service without full payment. ,~~.~~~ ..._~ " "', -,< -0'" N',' 1184U2 WHEREFORE, there is now due and owing from the Defendants to the Plaintiff the following sums for which Plaintiff demands judgment, jointly and severally, against the Defendants: Amount Past Due: Court Costs: Service Costs: TOTAL $ 1413.62 $ 45.50 $ 100.00 $ 1559.12 Respectfully submitted, Krzywicki and Associates DATED: December 11, 2000 18938 "k , " ~- -- "",'C" --" __'_",""..' r,',.-_ !Ili.J!!;;\l1!flt0. VERIFICATION I, Cynthia E. Coffin, an employee ofUm 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. UOI Utilities, Inc. Dated: /Z};/OO BY: ~tA fClftw, Cyn . a E. Coffin -,~ . >~. - "''>' ~" -'~~~, 1184U2 STATEMENT OF ACCOUNT Classic Rags, Martin H. Marietta and Joseph Paul George established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number I Service Address Acct Type Service to: Balance --------------------~----------------------------------------------------------- --------------------~----------------------------------------------------------- 208-764-1020-07 200 S. Pitt Street Carlisle, PA 17013 G I I $1413.62 Total Delinquent Balance: $1413.62 EXHIBIT A i5j~~ioog:t'0-'<l~1HiliR~ii;i!i:i@l!i~~i1iMliii~,",i""i'~-)1h",'W-.~"'d'",H';,"&'~'i!!ji\\:il"'~di.~~~~" ~ ""- "-~ "' ,. ",.~ '~'~\illi~Mli!~~~milzl,~ (J ~ ~ ~~t;h€ ~ . . 060g(y ~ (j' I I ~ Q;;P L() ~ r ~ ~ .. 0 C::' () c-= -'-I ~ -" ~E; '..,.-! 8 '::"3 :;~:r I , - , ~~: \.0 r' C": :::=: ::? :i:~:! ~~'.',. C) >c w ~ ~:::i -". :0 -< -~-.........~~ """"""""~~ - ''''~- ,"",~ - , _ ~- '"- - - - " j-, . SHERIFF'S RETURN - REGULAR , ~ , CASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC RAGS ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLASSIC RAGS the DEFENDANT , at 0020:00 HOURS, on the 15th day of February at 4314 CHESTNUT STREET 2001 CAMP HILL, PA 17011 WILLIAM MARIETTA (FATHER) 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 So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~"'.t:~~ R. Thomas Kline 03/01/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ;j~ Sheriff me this :J~ day of '-}I A i. u/; <1rwl A.D. q;r;th~nJ~~~'J ~ I~ ~ .., .~ ~,~ , -; -- -- -,' ~,~. , SHERIFF'S RETURN - REGULAR .. CASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC RAGS ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARIETTA MARTIN H the DEFENDANT , at 0020:00 HOURS, on the 15th day of February, 2001 at 4314 CHESTNUT STREET CAMP HILL, PA 17011 by handing to WILLIAM MARIETTA (FATHER) 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ?!"""~~,~~.~ R. Thomas Kllne . 03/01/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ~~ puty eriff me this ~~ day of ~ ~I A.D. ~(J'~<-f~' _,~ P ot onotary - { ( ,".~L ~ .~" 11I.1;1I ~~ }- . , . '~- " r L.b.A~lI>11J SHERIFF'S RETURN - REGULAR CASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC RAGS ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GEORGE JOSEPH PAUL the DEFENDANT , at 0018:09 HOURS, on the 28th day of February, 2001 at 150 S PITT ST CARLISLE, PA 17013 by handing to BARRIEANN GEORGE (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 9.30 .00 10.00 .00 25.30 S:;r:;~~~~?~~ R. Thomas Kline 03/01/2001 KRZYWICKI & Sworn and Subscribed to before By: me this .<~ day of ~ CJ-o-vJ A.D. ~a./n_d;"~~.- Pr onotary _"_,,0 _ _ _ __ _ _ , _.'~' ~_ ~'_<__h'__ _."_,~ --- ~"---',~-d"~'T';_-;f_' ,- - _J~-' ";' _ _ "\__ ~ _,.' -_.,_,,;" _ _'-' - ",.J', ;._~"_>""~ _. :---"'" ~::~~~\. - """ UGI UTILITIES, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-823 Civil Term CLASSIC RAGS MARTIN H. MARIETTA JOSEPH PAUL GEORGE, Defendants ARBITRATION TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Keefer Wood Allen & Rahal, LLP, by and through Brenda L. Gacki, Esquire, on behalf of defendant Joseph Paul George onlv in the above matter. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP By iLL I ~. BRENDA L. GACKI Attorney LD. #75912 21 0 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 (717) 255-8037 Dated: March 6, 2001 Attorneys for Defendant, Joseph Paul George ",0' ,_.,,_~_'~_",....c<_,,_, 'ol;'-:-";.'_ ^',;. ",._~' "';' __ _, . ,~~, '0',' ~-';,:;:,,;,:,'- J- ~ "., - ~":'oi j I i I ! \- . . CERTIFICATE OF SERVICE I, Brenda L. Gacki, Esquire, one of the attorneys for defendant Joseph Paul George, hereby certify that I have served the foregoing paper upon counsel and/or parties of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 49 North Sugan Road New Hope, PA 18938 Attorney for Plaintiff Classic Rags 4314 Chestnut Street Camp Hill, PA 17011 Martin H. Marietta 4314 Chestnut Street Camp Hill, P A 17011 KEEFER WOOD ALLEN & RAHAL, LLP ByjJ11! ~, Brenda L. Gacki Dated: March 6,2001 ~ ,.~. - ~ ~ .c ___,_"__,~ ,_ o c: :vffi mfD Z:J'J ~5~; ~t~) )> 20 pO C :z ,~ , " o :z """ ;u I -.j -0 ~,; o '''h :::-j ,-;;~: 'l'"""! . - ~ ~., "' r- -:"In_~ ."i,-i. "\~ ::~,ir2; ~~} ~~ (...J ., ~ :0 -< ~) c:> N ~ ,;;..-~~-"~. ~ .."" ';';" .~ :1'>" KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John 1. Shearburn, Esquire Po. 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. Classic Rags Martin H. Marietta Joseph Paul George Defendant 01-823 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued, and ended, for the defendants upon payment of your costs only. KRZYWICKI & ASSOCIATES BY: DATED: March 15, 2001 .I1Y;~' ^ '.oc<.l~> <""IIftW"~$_~w~~Il~i;;!ili"""""-!;:.L~'i.tl~>~'~fcli)\j.l:;;;."ljjj~-f,,j~W 1 tf( ""-'-"", ,'M"_' - ~~~. = "'".-- =,~- -., =~,~ ~<J, ~ "~,~~ ~M""""~"''''''111Lm'.lIIlI!iIll" 0 a C) c 'T1 ?: ~ -Om ,~ mrr- ;;0 ~ z::i' ---- ~;: c'-' , j"n (y-'~ : :~ '! -.- ~C (-') C) := -," ~r-, Pc ::E ('j l1 ~g () '? 2j in Z -, N ):,; =< '.0 :D -< ~~ ~;