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Home My WebLink About01-1588 FX - I ;0 = -~-~ ,;<:/ ~~,-- k,.:;'at: In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action No.OI -/S'tf! vs. Nick Foster Nick Foster Company 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 FArL 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 La~ Gu,t I~ ,~ ,. h ~,. --, ; < __ ~ ~":i$ . .. 11. Plaintiff has been damaged in the amount of $475.33 plus costs and attorneys fees. , 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 $ 475.33 $ 250.00 $ 45.50 $ 100.00 $ 870.83 Respectfully submitted, Krzywicki and Associates By: 38 DATED: March 15, 2001 . .. ~ ,-'-. . VERIFICATION I, James R. Gallagher, 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 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. UGI Utilities, Inc. Dated:.3 //5 /() I BY:~~~.x:nu~ Jam R. Gallagher ~" " ',"'.>:.0, - ~ ""{' , ~~~" , ;... ; ~ - ~'~-'''''''''<'___~k'''''_Li",,",..;Mj.~~,*_ In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff , Civil Action - In Law No. 0/_ /5'.f ~/..t..-. vs. Nick Foster Nick Foster Company 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, Nick Foster, is an adult individual residing at 1397 Letchworth, Camp Hill, PA 17011. 4. Defendant, Nick Foster Company, is an unincorporated association conducting business at 1397 Letchworth, Camp Hill, PA 17011. -" - -~, ,.""""""" j~'"'~~,_"",-k"" COUNT 1 UGI Utilities Inc. vs. Nick Foster and Nick Foster Company 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 May 5, 1999 at 412 Amherst Way, Harrisburg, PA. 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. .i., ,.' '~h' -..............~ .-- . .,,"-,""- Ilo.ll.-<~'" _M-""A'$....~4M,- . .. SHERIFF'S RETURN - REGULAR CASS NO: 2001-01588 P .C~MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK 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 FOSTER NICK the DEFENDANT , at 0010:20 HOURS, on the 22nd day of March , 2001 at 1397 LETCHWORTH CAMP HILL, PA 17011 by handing to ZELDA BOWERS (MOTHER- BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE together with IN ARBITRATION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 SO? // ~ ~~-r~t R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ~o '~~t~~~iff i ,...." ..../ me this ';'l~ day of ~..(.<A,./ b-v I A . D . ~O.~,~ r thonotary . ... .~~ -~_,oi;@':s.liiliL4.. Jru.~ SHERIFF'S RETURN - REGULAR .. CAGE NO: 2001-01588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK 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 NICK FOSTER COMPANY the DEFENDANT , at 0010:20 HOURS, on the 22nd day of March , 2001 at 1397 LETCHWORTH CAMP HILL, PA 17011 by handing to ZELDA BOWERS (MOTHER- BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE together with IN ARBITRATION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~WL~~t R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ~~ /' . ./:Y --; // ~7M' /~uty Sheriff ty/' "'~ me this ,,-, day of ~ 2Rn>! A.D. ~R Q ~ Yh r thonotary , ~ --~ ~ h ~ .J~_'~',~.....'~ ""-"<..........~~."~.--"'l'''"'',_,''','~''''''~',''''AIT"t, ... '"f .. UGI UTILITIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NICK FOSTER, NICK FOSTER COMPANY, Defendants , NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of June, 2001, upon agreement of the parties, the argumenl previously scheduled in the above-captioned matter for June 18, 2001, is rescheduled to Friday, August 24,2001, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 6350 Lyters Lane Harrisburg, P A 17111 Defendants, Pro Se :rc " ~, " .^~""'-"'~"~ ""-'.""""".b~.,-.,,,,;~t.,. " UGI UTILITIES, INe., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NICK FOSTER, NICK FOSTER COMPANY, Defendants NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2001, upon consideration of the Praecipe for Judgment against Defendant for Failure To Plead filed by Plaintiff on May 14,2001, and it appearing that the notices of intent to enter a default judgment were filed at a time when preliminary objections filed by Defendants in the form of a Petition for Change of Venue were pending, the default judgment is stricken. THE ORDER OF COURT dated on April 25, 2001, shall remain in full force and effect. BY THE COURT, Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff --', . K: \,D\ O~J Nick Foster Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Defendants, Pro Se ';".1 , "~ -.... -~ "",.'" , "-'''''~'''''~.~I """oQ"''''''''.,""""!_,,o' . '~ UGI UTILITIES, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NICK FOSTER, NICK FOSTER COMPANY, Defendants NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of April, 2001, upon consideration of Defendants' Petition for Change of Venue, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, June 18,2001, at 3:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument BY THE COURT, (\,.:,5)\/> \ ~.~ ~-< L. ~ -~~4; " ".".... ~-~"M<~'d_"""''"''''',,",';''1f'~' " , . Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Defendants, Pro Se :rc ~ . "'~ """,,~,'- ... '. ..i._ ~ __ ~ LL_. ~'iw'_""'.Yk".""'''"''_' .. APR 2 0200f tp In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities, Inc. Plaintiff Civil Action - In Law No .01-1588 Civil Term Vs. Nick Foster Nick Foster Company Defendants Arbitration ORDER And Now this day of ,2001, the petition for Change of Venue to Dauphin County filed by the Defendant, NICK FOSTER, is hereby GRANTED. The Prothonotary of Cumberland County is hereby directed to forward to the Prothonotary of Dauphin County Certified copies of the docket entries, process, pleadings, and all other papers filed in the action. Costs and fees for transfer and removal of the record are to be paid for by the Defendant BY THE COURT 1. , . .~- - ~~' ~"-"""""'-:-"--"-~"''''--=-''"'''''' . .. In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities, Inc. Plaintiff ,> Civil Action - In Law No .01-1588 Civil Term Vs. Nick Foster Nick Foster Company Defendants Arbitration Petition for Change of Venue This incident took place in Lower Paxton Township, Dauhpin County. I live in Lower Paxton Township, Dauphin County. I am requesting a Change of Venue to the Court of Common Pleas of Dauphin County. Datel! f" () I Respectfully Submitted, Nick Foster uc . . f Lawrence E. Welker Prothonotary TO: Nick Foster 1397 Letchworth Camp Hill, PA 17011 "-" .' - '"-....., '. ..._~.._---". """';",,';,Jf~_~1 1352UP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 , In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utlllties Inc. Plaintiff Civil Action - In Law VB Nick Foster No. 01-1588 CV Defendant Nick Foster Company Defendant \ \ \ \ \ \ \ \ \, \, \, \ \ \ \, \ \, \ \ \, \ \ \, \ \, \ \, ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of pennsylvania. you are hereby notified that a Judgment has been entered agai=t you in the above proceedint!'~t~d ~: .~ Lan.&..~:::a~'-ot;; E. (XX) ( ) ( ) ( ) ( ) ( ) ( ) 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 800-296-2103 Attorney I.D. No.23754 f Lawrence E. Welker Prothonotary TO: Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 ..-.. ........,' ~~ .L" '. -" U~~=~""',""fi.b~"'"".~;_ 1352UP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUmberland County Courthouse * Carlisle, FA 17013 , In the Court of Common Pleas of Cumberland County, pennsylvania UGI Utilities Inc. Plaintiff VB Nick Foster Civil Action - In Law No. 01-1588 CV Defendant Nick Foster Company Defendant "" \'" \ \'" \ \ \ \" \ \ \ \ \'" \' \ \, \ \, \ ARBITRATION 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)ll' fndica';ed b'l:'fw. ~ I..!~L-.s V'. . La'l.:L'e.RS0 E. Y Prothonotary (XX) ( ) ( ) ( ) ( ) ( ) ( ) 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 800-296-2103 Attorney I.D. No.23754 .c_ ~"~~~~L.' '-"", ' '.l..c, ,';"c, '_;~....~"~__~~. ~."- ~-"''"~ 1352UP f In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant \ \ \ \ \ \ \" \ \ \ \ \"" \'" \ \ \ \ \ \ \ \ \, \ \ \ \ ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilitles Inc. vs. Nick Foster and Nick Foster Company Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendants, Nick Foster and Nick Foster Company jointly and severally for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 475.33 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $ 870.83 together with interest thereon from the date of judgment forward and all costs of this action. _. ,..... ......,. ~, - j1i'.......~''''''''..... >"'ilS. -ill!~ 1352UP 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 1~612-3009. 2. The true and correct address of the Defendant, Nick Foster, is 1397 Letchworth, Camp Hill, Cumberland County, PA 17011. 3. The true and correct address of the Defendant, Nick Foster Company, is 1397 Letchworth, Camp Hill, Cumberland County, PA 17011. DATED: May 10, 2001 By: Ant 49 ort P. . Ne ope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 >lWI'i" '~".. ~o,"''''''''''''''' - .. ~- ~- ^ =. L ,'. ~ , .1.~ - ~- ..l:Hll ......" :lJ.._~1,',,; SHERIFF'S RETURN - REGULAR ~2yf \~ CASE NO: 2001-01588 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK 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 FOSTER NICK the DEFENDANT , at 0010:20 HOURS, on the 22nd day of March , 2001 at 1397 LETCHWORTH CAMP HILL, PA 17011 by handing to ZELDA BOWERS (MOTHER- BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE together with IN ARBITRATION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge 18.00 9.30 .00 10.00 .00 37.30 S~~~~~~! R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: ..('/......-- -~ r, /;~ I . , 'tl~ty S eriff me this day of c,./ A.D. Prothonotary t I - """";"' SHERIFF'S RETURN - REGULAR ,~ " CASE NO: 2001-015BB P i COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK ET AL JASON VIORAL " Sheriff or Deputy Sheriff of <,7y1 \) Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NICK FOSTER COMPANY the DEFENDANT , at 0010:20 HOURS, on the 22nd day of March at 1397 LETCHWORTH CAMP HILL, PA 17011 , 2001 by handing to ZELDA BOWERS (MOTHER- BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE IN ARBITRATION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: ~~l~~t:~-/ R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES By: ~ r, / _, . 1.,__ '-~-I,._r/ 1./'- ~ (..,.:/t/?, ~ peputy Sheriff .' /"- p.... 17 ...... --,. "" - "~ .CJ-jp.:j 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utillties Inc. Plaintiff Civil Action - In Law vs No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant \" \ \" \ \ \ \ \, \ \ \ \"" \, \ \ \, \ \ \ \ \ \, \, ARBITRATION NOTICE TO: Nick Foster 1397 Letchworth Camp Hill, PA 17011 Date: April 30, 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 By: /0/ Anthony P. KrzYWlckl 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 """'-.._~~ ~ ~ , .. fT~~~';"":" . 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utllitles Inc. Plaintiff Civil Action - In Law vs No. 01-1588 CV . Nick Foster Defendant Nick Foster Company Defendant \ \ \ \ \ \ \ \ \ \ \, \ \ \ \ \" \"'" \ \ \ \ \ \ \ \ \, \ ARBITRATION NOTICE TO: Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Date: April 30, 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 By: Is( Anthony P. KrzYWlckl 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for plaintiff Attorney I.D. 23754 ..t U.S. OSTAL SERVICE ERTIFIC TE OF MAILING MAY 9E USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FOR INSURANCE-POSTMASTER . Reel'll! ---' Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 One piece Qf ordinery m.il addressed to: f?S+U- ~1 /'.. tr ~tJ l....--H, MI(. PIl 170(( Ilk__/< /397 r; n rnl') I PS Form 3817, Mar. 1989 l "~ - '~, .&.0, . , "liA~' Affix fee here In stamps or mAt.... ---- ge and ulre of :urrent --=2 .........--:;- oif;; ~;t..,' / ","'". l' .- - '..0~/ '" ". '\ '-: -c w -~~ __ "?> 'l-I ;.~;r~\ . - Q;,~:,~:'1 (c 'J;"~o" .',0 __, ~ , ';~~~~:~J~~~ :~; g~~5~~~0:sr~:~~1 ~.! Iii 'iiJ !I' I c:> \,~~ . -r'J \ ~ ~_.~ -I . . :',. ~t ~-, ' . i:i 'v 0 \1H ~J\ 10'_\ ,'1";: i',....-3 '~l: ....It..o;.-lrt'H'.J}~>>' " I U.s. POSTAL SERVI"E ',CERTIFICATE OF MAIliNG MAY 8E USED FOR DOMESl1C AND INTERNA110NAl MAIL, DOES NOT PROVIDE FOR INSURANCE-P~$TMASTER Receil :~ ~;C :. ./-----,....:: ~ \ .\:?\ \-,J'C );-i '.... ;'.. tc';;;; "~;_/'"> Krzywicki & Associates P.O. Box 505 New Hope, PA 18938 One plece of ordlnery mall addressed to: r-; S~ /n I cK ~ 't:t~~~ 1/ /'1 /7()/1 ,PS Form 3817. Mo'. 1989 ~--->-_..--~ Q~inl -0:; . ):> ~ ~. ~ ", I -- "If f::g:~:~';'5::~~;: r'.)-'i':" ~... ~ ,-0 ~~:~J;::;'~:i 1~1' /, J'i :n ~_ ~~;1 _;,.' ~J C. ~ ':!i (.~J ll:' ~J .,- jqg . /.!.:l .~: . ..0,,1 ml :: "I.i. . ......; i... $..iIt.....~...;1"...;.:.;f.~ . d ,f " J "--~ ,~ ~ ~ . ,"- '-. ":,:, 13S2UP ~ In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilltles Inc. Plaintiff " civil Action - In Law vs No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant \ \ \ \ \ \ \, \ \ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \, \"" ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendants, Nick Foster and Nick Foster Company, in this matter was mailed to the defendants 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 those notices are attached hereto and made a part of this certification. DATED: May 10, 2001 By: Ant 49 P. Nw ope, PA 18938 -296-2103 Attorney for Plaintiff Attorney I.D. 23754 ,'.- ~ .i;' j- ~- ~^' - , .:;> 1352UP I In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utillties Inc. Plaintiff civil Action - In Law vs No. 01-1588 CV Nick Foster . Defendant Nick Foster Company Defendant \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ARBITRATION 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 defendants, Nick Foster and Nick Foster Company, are 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, Nick Foster, is more than 18 years of age and currently resides at 1397 Letchworth, Camp Hill, PA 17011. 3. The defendant, Nick Foster Company, is more than 18 years of age and currently resides at 1397 Letchworth, Camp Hill, PA 17011. 4. I have ascertained the above information by personal investigation and make this affidavit with due authority. before . Kr ~c l , MICHEllE PYATT NOTARY PUBUC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9, 2002 ~ .,," .~ , - I . < ,~ ~~ . 'l1'* . xTx Result Reportx No.1 PRINT DATE MAY. 29. 2001 PRINT TIME = 01:56 FUNCTION No. DESTINATION STATION .DATE TIME PAGE COMM. TIME MODE RESULT TX 1 92577585 MAY. 29 01054 4 OH02' 04" STD ECM OK TX RESULT REPORT > li......." " "iIl,"'=- <,' "" "~~i:" UGI UTILITIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NICK FOSTER, NICK FOSTER COMPANY, Defendants NO. 01-1588 CIVIL TERM IN RE: DEFENDANTS' PETITION FOR CHANGE OF VENUE BEFORE OLER. J. ORDER OF COURT AND NOW, this 24th day of August, 2001, upon consideration of Defendants' Petition for Change of Venue, and following oral argument held on this date at which Nick Foster appeared but no appearance was made on behalf of Plaintiff, and it appearing also that no answer to the petition was filed by Plaintiff as directed by the Rule issued on April 25, 2001, the petition for change of venue is granted and the case is transferred to the Court of Common Pleas of Dauphin County. PLAINTIFF shall coordinate the transfer through the prothonotaries of Cumberland and Dauphin Counties and be responsible for payment of any fees charged by Dauphin County in connection with the transfer. BY THE COURT, I." L .-. ,~ '""" )J: .~. ~ . "- ~ ,~ -, .-.1 1'" .S Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 6350 Lyters Lane Harrisburg, P A 17111 Defendants, Pro Se :rc ~,~ - ".~ ~',. -"'-'-"'~-'-"".-"'~-; .. Renee K. Simpson Deputy Prothonotary Curtis R. Long , Prothonotary John E. Slike Solicitor . <l&ffice of tbe ~rotbonotarp ([umherlanb ([auntp Court of Common Pleas Cumberland County, Pennsylvania Docket No. OI-/5'tr:;r c.~v',1 Dl1LtrhlC'l Counly Cowl- 0\ ~MlYVn 0k-s c::> <', -< ..1::- CL' Please acknowledge receipt of this case by signing and dating tbls document. Please send this back to: >-' N ~ ~ - - PROTHONOTARY OFFICE "" CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 Attn: Becky Record received: /0-1-/-0 I Date: /0 -l.f ~o I ~ a,~c~ (sig atur tttle) One Courthouse . Carlisle, 17013 .(717) 2~0-6195 . Pax (7)7) 240,6573 - - J'.'_' -'_____'__'. _n_ n' __ .c". , ;;,. ~-;; -~;~~;,;lYi.t~;;~~Jr~/~i;.~~t :.~ ~~~t -~~ ~ ..;-:: ~'" ,- ~:::~:, , Curtis R. Long Prothonotary l;~<,.~~,F '% ~;J'> Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor . Cl&ffire of tbe 1I3rotbonotarp <!CumberIanl:J <!Countp Court of Common Pleas Cumberland County, Pennsylvania Docket No. OI-f5'i5''ls (,',,',1 Do.L<ph, () COLA.l"\ty COL.\d 0\ GMiY\?n Azus Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE ...- CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: Date: (signature & title) 6Y1.a.l\aot to - d -oj