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Home My WebLink About01-2238 FX ANTHONY P. KRZYWICKI, 49 N.SUGAN RD.. P.O. BOX 505 B NEW HO:E, PA 18938 DI- c:::2~f> C;o~C/~o3'J-& NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ' Mag D;,' No 09 _ 3 _ 04 IuGI UTILITIES, INC.il DJNam" Hoe, 225 MORGANrOWNRD" ,'1'HOnSA,.PLAC~'!l.. READING. PA.19612,- 3009 ", - , - - -- -, :',",:.,'""., , ".f ',Add'~"10,4 S.S1?9R1,'I:N~u.:ILL:~'L "",} ,.,. ,',' "\ME~i:CSBtlR.G r;~\P~:;,~jt[0~i;~i)r~:\j~i;;t\)'iri :.:, , ~~~5.N~X~i,,:.. .NAME~'~~DDRESS ni,;p"" (73/7j76'12'8230)::T11P50>', ",';~:~LERriD:A'viIPM , ....", , .,,' . "..,"., ' ""./,.r",>i.,~' ." '., "",i."':' 23o":HE~:AVE~ "ATro~:Y"'FO:a'PLAINiIFF.": LEMO~, PA17043 '. L Docket No.: cv- 0000548 - 00 Date Filed: 12/21/00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLANl) "'1-, , "-.J ''"l -.J ESQ. THIS IS TO NOTIFY YOU THAT: Judgment: DRFAm.T JUDGM'RN'I' PLTF [iJ Judgment was entered for: (Name) nnT T1'I'TT.TTTRl'l. T1\1C" [iJ Judgment was entered against: (Name) KYT.RR, nlllVTn M in the amount of $ 1 , 1 O::;~ 07 on: (Date of Judgment) 1/20::;/01 .0 o n u i)efendantsare jQintlYandSel'erally liable. '.,. ;'. ; '_ ::,," i ';-, ~ ,,; , ;: ,: ~. ! ,j _ ,', " )..': : !.,', ;:.:",'," , " ,', ,> ,\ .'; :,.. '_" . (Date & Time) , -,,'-. -.-..-, ",'"'' Damages will be assesSed;cn:; ,,..,,, Amount of Judgment. Judgment Costs Interest on Judgment Attofri~}/ Pees' ;' " Total' $ $ $ ,$ $ 1.078.57 74.50 .00 .00 1.153 .07 Tliiscase dismissed witilout pr~judiGe:; O Amount Of Judtlment Subject to AltachmenVAct 5 of 1996 ,$ Post Judgment Credits $ Post Judgment Costs $ o o Levy is stayed for days or 0 generally stayed, ------------ ------------ Certified Judgment Total $ Objection to ievy has been filed and hearing will be held: Date: Piace: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUD ,~T..~FILlNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMC)t.j:PL .' ' L'J.v~.N. ,YOU , ,,' MUS,. INcfuDEACOPV'(IFI1HIS N RIPT F6RM'; Wlc~6'tt€t<9~~PPEAL.' l"?~\;;i (Y D ,"'" ;'': ",' ..,.",....J, ,.,..~!e; ":'... ".,;~istrict~~s~pe .., ':Ij:, '" ~.' '. -, ;' . .,' ___ ,', ':' , 1'-certijythat..!tJ,is is, atrlJe .; oceedings'\o!)iiili,ningthe' judtl~nj. 3- J 1'0 -0 L Date '. ;', '''''; 8iStri6;'Jdstice I, "'.'.';:'{fl'H,1 My commission expires first Monday of J nuary, AOPC 315-99 2004 SEAL ~ - , . ,--, 11- 'r"!'"'"" r-' 'I" 1"",I!'''II'I''\'''''''''''''' I I! I I ~ , i_. "'""......~~- " ~ ~ eN ..... ~jI:. -;t YJ r "- t " - () ;,., ~ "'" -u -t -..l ?-- ~ r---. 1 -- r'1 ~ r,..l_' ,"..~ (I"' -, ~_"""""'_~, ". ijf_~~~" ~ ~~,_~~~JI'l1'!'~~'i""l";ro""- "-"~",;-1!-";~W(,"'P~\"">Ilf,{"Wi'''-_';~~'''o\!'''''''l''HNH'f!'_l,'f~O;"""'''~'l''0H''l!1ffi''''''!~!i'ml~lI'~' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION UGI Utilities Inc. Plaintiff ( ) Confessed Judgment (XX) Other vs. File No.: 01-2238 Amount Due: $1078.57 Interest: $10.79 Arty's Comm: Costs: $23950 01.(.. David M. Kyler Defendant TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) AIl personal property of belonging to David M. Kyler, 230 Herman Ave., Lemoyne, PA 17043 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies oflengthy personality list)_ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant( s) described in the attached exhibit. Date: Apri120, 2001 '--./": 'r ". . , .' ~-, , -. , '/ ,J " ~ , litf _r~ L> ~. J ~~ ~ I 1:"i18 -~." ,-. " ~ ,-~ ,.. ~~,,_~, ~,-_..-,,_"- '0'<_ \!Hf'i^TJ-.SNN3d ~l ':'-' ~.'I ',' ~f (! 10. H~ 621\ lt~ UJIliM" "~-",i8",MI jjljl1llj~\S :Jl~ 3';li;l~ w_~, >. W'~ (") a C"J c: -o~ '-n ". ,. -0 mr:;':, ;;~:i:" = -rl ~~; W , ..,. 0 ;:~1~~ r:::c, -0 j;; r-~ . .J.... '"r, -:~.~ ~~;J~ 2~O _. S:'c r:? ;"'---:;!T1 Z :.w ~~ :;:J :n co -< t \ t ~ }f . (" " -- - "'::C: -- . 11"\ '0 ~ '" ~ ~ ", t- r , ,- ~~~~'lI(.~'\11H~rQ~I~~~1ilIf~1~"'tl7,",!1":S",.tl'''';~iJ~-;'~;';'f'"F."."':~'"i"',,-J;~';ml_'''''mr'rE'';;''''"~"''';'.;'H''n:''"'I'-l;;'_:i"i8IiH~~~ffl!;l!i!~Mi!lt~~il ,,- R. Thanas Kline, Sheriff, who being duly swam according to law, states this writ is retumed STAYED. Sheriff's Costs: Docketing Poundage Law Library Prothonotary Surcharge Milage $ 18.00 .97 .50 1.00 20.00 9.30 49.77 Sworn and Subscribed to before me this "~/M-day of ~ 2001 A.D. ~." a. ~/~# V'J\ ~~ ~ ~ ~ ~ f':: -r -.- ~ ~ " -~-, ~ .,^' , I-'~! ". r ,-.. Advance Costs: $ 150.00 Sheriff's Costs: 49.77 100223 Refund to Atty on 7/9/01 ?~~ R. Thanas Kline, >Sheriff ~,~ By IS~~3d Tl\1'\'V "; ':',\'4;) .. ..~\ ',.\ \ (- " ., ',' \to "\ \\~ :in ~\ \~, ".d_ \;\Y:l\'l(\QO \,\l.\lIi" ,,,, JQ l:i\i! !i\~li\~ \\\1:' -I' 11-' " .... , ~ ~ '" ~ r!db!1' <Sd) = !!db:, Ib!b ~ i) I:,b ek.33J.:J-~ Ru,. I/~ 97'-1 l_I__",I!IlII!lIlI~ ~, ., -" .~ -'~ < ~, . ,~~, ~"^-,. .-~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) . NO, 01-2238 CIVIL~j TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY To satisfy the debt, interest and costs due lJGT lJti]itip.s Inc. PLAINTIFF(S) from David M. Kvler 230 Heman Avenue, Lemoyne, Pa. 17043 DEFENDANT(S} (1) You are directed to levy upon the property of the defendant(s) and to sell A 11 I""nmni9] prnp<"rty of belonging to David M. Kvler, 230_ Heman Avenue, Lemoyne, Pa. 17043 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and trom delivering any property of the defendant(s) or otherwise dis~Qsing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notffy him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $1078.57 Interest 10 79 Atty's Comm % Any Paid 31. 75 Plaintiff Paid Date: n.pr;l ~n, JOnl L.L. Due Prothy Other Costs $0 'i0 1.00 239.50 Curtis R. Long Prothonotary, Civil Division by: C)..,- 0 7vuO~".1 Deputy REQUESTING PARTY: Name Anthony P. Krzywicki. E5q Address: P. O. Box 505 N~ H(')fIP f PrI 1 RQ':m Attorney for: Pla:iht;tff ~ Telephone: 71 'i-862-4190 - tf Supreme Court ID No. 23754 _1'jr.1P;>i~ '~"'l~'-^ , ,;;,-'=,_':"P"""'-'F,'''IiJ""(C;jjl!ll'lI>11~I,,,(;1l'W'1ii~I~~:,-.J''~'''''f:-;I-,,,,,,'r''',,-j'''''--"''~'W~,,,,:mf,!i~!i1~ ;J;JIl~i'll'l~!lI'!'~~~n-'!l!!!I~!I'W~""'~'P''''j..W~_'''*'!-;MlI'@~~~ _,_,.-",'_,,-:.- ,c.," 1203U2 ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. plaintiff Civil Action - In Law VS No. 01-2238 David M. Kyler Lisa Kyler 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 -~ ,- ',' ".-{.~ ., .,~. ~ ,^. .. 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. 01-2238 David M. Kyler Lisa Kyler 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. UGl 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. ~ -," < 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Utilities Inc. vs. David M. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. "~of, r_~_._ ~' ,-"~T"-_ ~ 1 'I,""",~ 1" 1-' 'l' - 1203U2 . 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. Mq~ ,. ,"'t,~_ """'l ~I ~ " 1203U2 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: TOTAL $ 1398.76 $ 1398.76 Respectfully submitted, DATED: December 12, 2003 d Associates , .,:,~ """"'- ~~ " ~. '-1' .. ..- "1,_, . VERIFICATION I, Jeff Graeff, 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. Dated: '-'C'45T~~~.__ , . ~. 1-.'- . 120302 STATEMENT OF ACCOUNT David M. Kyler and Lisa Kyler established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance =============~================================================================== 218-529-8410-09 G 118 Hogestown Road Mechanicsburg, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A -"F'\ = ,,"~,< ~--l "'1'1 . - "~,~ " H [l i!~"" ,-~. ~",~ '>, ~".~- .~. ,- ~';"-'- ,,,-.., .""'",,' ,- "-,,,,,-,,= , , ~~~ ~_e ' ~~~~iilf!iB'fi'l'!~~"";;'~'i!l!! "' " 0 ...., 0 = c:: ,= -n ~:,;.. (-'",) t-r , , 0 , f"1 ("") c ill r j:-- -n : ., (~J 2: ~~~ ::.:,? -.~l ES te , 1!l~'~I~""~!".lf"'.''';",''\'1-''-'''-''-'-'<'i '-';-~." -; -.,"",--'.""" ,'!1"-';;-j;1"NI'!W"~f:-"",;T:;";J\:3,\-'""'c . ''':--n''''):'iFI''',~''t'A'K'~'f'01~~~ ,. '. ?m~ c:cttJJ~(S' J \~~--Dw-~J~\\j aN \~~\C3~ iJL~~\ "~ t\)~{ ~.~~ C\JS~~Q~\J-\' ~\.t~~~\. ~~~\~ ~ \ ~\:J ~\V) ~~~ -ts:,i.~ CtTlq~\\."-~J'\ ~~ . ~'~-0 C~b\~" \ ~.~ .'l ~~-<<"" . \ ~ 1. ~.~>;,;::::, I ' " A ",,*~~,,.,....._~ <"~,~.~- ..........,. ~ II '~r ',1 "" I , ~ ~ cf 1203U2 In the Court of Common pleas of CUMBERLAND County, Pennsylvania UGI Utllitles Inc. Plaintiff Civil Action - In Law vs No. 01-2238 ./ David M. Kyler Lisa Kyler 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 TE~EPHONE 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 - '." .. ... / TRUE COpy FROM RECORD 1- Tb"'!',.,,,,.,, .dW7.C"" I "0_ ....."..... m" t q~' .,. UlI.iI""-'~,ii' '.;'Jil~'..:.4tll ,.vwftvl31n 1 tIII~.J .......... "'~.,.rt.. atCartlslt. Pi. ~~y " ~ c......... -'..' ~7"" " onotary ;\lWifi'~ ,. "~.,., ~- ~ '<l ~ !ill I-+~, ~_. ~,~liI11!J :',: \-J \ ~) ~' -;11' tQ, \\cI tl p hll\j,~ '.:', j~llIJ~r~ ~ ~ ,,~' " ''',~- , "".00 '..~."." 'Ymll~lf"""r"'f'~h' _ ~~ _".. _g~'~~~~Aiii'l~;1i""",!" r,l~"_r',~",mr'''';e'''ii?!r,''''''it'.o.;:--f:r"'''-T'Y''''!-'''''''f~,'-;;'''r;:;',,%1!;:"{r<!f'~-",,-;m ~_',~H)"'?~f,~",,.,.,",yr("<";!"'~~",~.I"i1V"';Fi\f'ill''''''1<lilj.;l'M~Ilm!'=il,'J-- :',:'"d' '; ~; .;\", .,;.. ,. < .l; ,d,'-:J,d " '; -- ' \) \ J1tl '-i.'~' ~ I"~ ;\.;j:, .. :" """.,{'..oJ(J ~::: ::1'.'L--' 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllitles Inc. Plaintiff Civil Action - In Law vs No. 01-2238 David M. Kyler Lisa Kyler 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. ,~,. " .1,_,""" 1 ~ . ''-' -, - 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Utilltles Inc. vs. David M. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. ''''''!l ~__,,~,~ '"> "_ _.-- - .. ~ ~~ 1203U2 8. At the present time, Defendants account is in default and have outstanding balance due and owing Plaintiff as reflected on the attached Statem~nt 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", incorporat~d 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. [~H I,,. , - ---. :' C:1 ,,- - "~~. " ~ " 1203U2 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: TOTAL $ 1398.76 $ 1398.76 Respectfully submitted, Krzywicki and Associates DATED: December 12, 2003 By: Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ,'"'*1..,.",,-,,_ ,_ - "~ ,..... - VERIFICATION I, JeffOraeff, 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, UOI tfties, Inc. , Dated: BY~/~ ~eff' ^-'~'"'__~' ,..,_,v ~. ~_,",,_,',_~, ,r. P"'_ "-' '.'". ~-'"'-~ 1203U2 STATEMENT OF ACCOUNT David M. Kyler and Lisa Kyler established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 218-529-8410-09 G 118 Hogestown Road Mechanicsburg, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A ~-~~,~, 'roo " .J C_, . , 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllitles Inc. plaintiff Civil Action - In Law vs No. 01-2238 David M. Kyler Lisa Kyler 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.' TRuE COPY FROM RECORD II! r ~1.'Mr.y wlwr&(.'i, I OOrilllililr; S*il my ,. ... ~j d. sSdHI Cl;" ' at Carlisle. PI. ~y , ) -;ij",,":_l.~ll'\n _r. .,..,." -~- -"- III ".'fllIIi ~~~,~ ~ 1 \'\\\;\: ,: \q ?6 \1 ~ f\ \ ~i'\J \. ' , .~ &-1~.\""-'. ~ ~~\i'ii'1'i'i,', . 'f!lIJJI~nL! nHm~!;1if!!'fflIW<'&'\l;;lll"W;llW~~~~~., ]f ,~,~~1i!W/~ff7l""1-;""-"'-P'"'' . ~';:c".;- l"'-~'"-~'_ ';"-"":'''''~''_''''-' li1,'f\i'1'!"'''''f~'')''''!!''-''iJT\c''m!'''1,,"!if!ij0,!Il1WRifflf1rW~~~>fi " :'-~' 1 '..\ b \ 'J11l I ,.~\:: ~ ~;';.;I-;~~~' . -~ .-',,"",,' ''"." <'~"- ~, -. ,. tW'11 Ir"1\nir:l[ll"n'tI"M'i~~iT"i , 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. plaintiff Civil Action - In Law vs No. 01-2238 David M. Kyler Lisa Kyler 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. ;j1ji - ~,~~ ,~ .~ '0,_ --~ 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Utilities Inc. vs. David M. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. -"~\Wl;~ . , ' -,~., ,- , ~ -~ .~~.......,',; 1203U2 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 nAn, 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. .,-.~$;~ -. ~.' ,'- -~ '1,' . , , ~ .....~ ~ "~"' 1203U2 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: TOTAL $ 1398.76 $ 1398.76 Respectfully submitted, Krzywicki and Associates DATED: December 12, 2003 By: Anthony P. Krzyw~cki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 .:'-''''1''''''''' -- VERIFICATION I, Jeff Graeff, an employee ofUG! 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: /" BY.. ~- .Y---= - ..- Jeff' ~" ~!iJI( ---.=-,'"~-,,,,~,~"'" "",",~,,,,-,. ,-. "'~-'~" ,,'-." , ,- ~.... . 1203U2 STATEMENT OF ACCOUNT David M. Kyler and Lisa Kyler established the following accounts with UGI utilities Inc. with the followi~g balances and charges: Account Number / Service Address Acct Type Service to: Balance -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 218-529-8410-09 G 118 Hogestown Road Mechanicsburg, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A "'''''''''''''~ --',,"-~-,,' 1 ~ I ,--