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Home My WebLink About01-04775 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law No. ~~_ ~/77.~ 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 OA CANNOT AFFORD ONE, GO TO OR TELEPHONE TEE 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]38U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Ac>t{ion - In L~a~w` ARBITRATION l.r.ner~r r rnTm 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, Camphill Family Chiropractors, is a Sole Proprietorship doing business and/or residing at 3401 Hartzdale Dr Ste.117, Camp Hill, PA 17011. 4. Defendant, Ryan D'Arcy, is an adult individual residing at 3401 Hartzdale Dr Ste.117, Camp Hill, PA 17011.' COUNT 1 UGI Utilities Inc. vs. Camphill Family Chiropractors and Ryan D'Arcy 5. 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. 6. Plaintiff supplied utility service to Camphill Family Chiropractors and Ryan D'Arcy. 7. 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. ~ . i~3suz 8. 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 9. Defendants are in default of their obligation, having failed to make the payments as they became due. 10. 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. 11. 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). 12. Defendant has been unjustly enriched by accepting service without full payment. 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: 1738U2 Amount Past Due: $ 1242.85 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 50.00 TOTAL $ 1588.35 Respectfully submitted, Krzywicki and Associates DATED: August 2, 2001 By: 49 Nor Su oad P.O. ox New op PA 189 215- 6 -4390 Att ey for Plaintiff Attornev I.D. 23754 VERIFICATION I, James R. Gallagher, an employee of UGI 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: 8/2/d~ BY: R-.~C@1..QO.ay~ Jam .Gallagher ,. 1138U2 STATEMENT OF ACCOUNT Camphill Family Chiropractors and Ryan D'Arcy established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 214-705-3290-19 G / / $1242.85 3401 Hartzdale Drive Camp Hill, PA 17011 Total Delinquent Balance: $1242.85 EXHIBIT A 4' f I ~~`~~~111 ~ ~ ~ V~ d e~ ~ RJ ~, s, ~~; __ ~. ~: 7.. `- ..._ _-~ i~n { c - +~. i - ~ 3YC i~ ~ W :~tr( `,V ~i7 fY) . ~ e -_ ... ,.. ! 1 .... €t..+t4'zi~sa ^T ~ Pn Nh~ ~~ n~~s3ur&:y+~s ~II na~axmRws _ + SHERIFF'S RETURN - NOT FOUND i CASE NO: 2001-04775 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UGI UTILITIES INC VS CAMPHILL FAMILY CHIROPRACTORS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT D'ARCY RYAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , IN ARBITRATION NOT FOUND as to the within named DEFENDANT D'ARCY RYAN DEFENDANT NO LONGER LOCATED AT ADDRESS STATED RE'~URN NOT FOUND AS PER ATTY ON 8/22/01 Sheriff's Costs: So answer Docketing 6.00 , Service .00 Affidavit .00 R. T omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 KRZYWICKI & ASSOCIATES 08/22/2001 Sworn and subscribed to before me this ~p `~ day of ~~~.,~,~,.,y/-- e2~ry/ A . D . ~~- c.c , ~. Pr thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-04775 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND UGI UTILITIES VS CAMPHILL FAMILY CHIROPRACTORS 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 CAMP HILL FAMILY CHIROPRACTORS the DEFENDANT at 0015:00 HOURS, on the 15th day of August 2001 at 3401 HARTZDALE DR STE 117 CAMP HILL, PA 17011 by handing to DR. PATRICK BARBATO 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~~ ~' day of So Answers: ~. R. Thomas Kline 08/22/2001 KRZYWICKI & ASSOCIATES ~_~ By ~ ~/~11~~L[ /'~~' ~2vp/ A.D. Pr t onotary~~ "7'"~7 Dep~Ey Sherif lh~ / .~~~~«;. I~seuz In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Ut>_ sties Inc. Plaintiff vs Civil Action/- In Law No . ~/. /~~7J ~„~ Camphill Family Chiropractors Defendant Ryan D'Arcy 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 '~ ~ ~ COPY. « _ _ TRUE C®PY FRAM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle; Pa. This ......~,3........ day of ...... ....... , ~,f Prothonot ra Y 1"/38II2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant No. 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, Camphill Family Chiropractors, is a Sole Proprietorship doing business and/or residing at 3401 Hartzdale Dr Ste.],17, Camp Hill, PA 17011. 4. Defendant, Ryan D'Arcy, is an adult individual residing at 3401 Hartzdale Dr Ste.117, Camp Hill, PA 17011. COUNT 1 UGI Utilities Inc. vs. Camphill Family Chiropractors and Ryan D'Arcy 5. 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. 6. Plaintiff supplied utility service to Camphill Family Chiropractors and Ryan D'Arcy. 7. 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. 1738U2 8. 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 9. Defendants are in default of their obligation, having failed to make the payments as they became due. 10. 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. lI. 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). 12. Defendant has been unjustly enriched by accepting service without full payment. 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: 1738112 Amount Past Due: $ 1242.85 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 50.00 TOTAL $ 1588.35 Respectfully submitted, Krzywicki and Associates DATED: August 2, 2001 By: Ant ony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, James R. Gallagher, an employee of UGI 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: ~'~2~0~ BY: ~• ~cA~Ra~Vh~ Jams .Gallagher 1738U2 STATEMENT OF ACCOUNT Camphill Family Chiropractors and Ryan D'Arcy established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 214-705-3290-19 G / / $1242.85 3401 Hartzdale Drive Camp Hill, PA 17011 Total Delinquent Balance: $1242.85 EXHIBIT A a ,~ ~~ ~~ I ~ ~1 ,:a y/, l ~: ~ ~ r~ ~,~~, f ,,~ s, a3~N =~i~~ a^,~~o a 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Camphill Family Chiropractors 3401 Hartzdale Dr Ste.117 Camp Hill, PA 17011 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant No. 01-4775 ARBITRATION NOTICE Pursuant to Au le 236 of the Supreme Court o£ Pennsylvania, you are hereby notified tha Judgment has been entered against you in the above proceeding indicated below. CurtisR. Long Prothonotary (XX) Judgment by Default ( ) Money Judgment ~l~Z~~U~ ( ) 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 215-862-4390 Attorney I.D. No.23754 .~, -_ ` 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant No. 01-4775 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. Camphill Family Chiropractors Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Camphill Family Chiropractors for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 1242.85 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 50.00 TOTAL $ 1588.35 together with interest thereon from the date of judgment forward and all costs of this action. 1138U2 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 19612-3009. 2. The true and correct address of the Defendant, Camphill Family Chiropractors, is 3401 Hartzdale Dr Ste.117, Camp Hill, Cumberland County, PA 17011. Krzywicki an~Associates DATED: November 21, 2001 By: 49~ Iybr~h Sug`zii'Road P. ox 505 Ne Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 CASE NO: 2001-04775 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CAMPHILL FAMILY CHIROPRACTORS 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 CAMP HILL FAMILY CHIROPRACTORS the DEFENDANT at 0015:00 HOURS, on the 15th day of August 2001 at 3401 HARTZDALE DR STE 117 CAMP HILL, PA 17011 by handing to DR. PATRICK BARBATO 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 la.oo 9.75 .00 10.00 .00 37.75 Sworn and Subscribed to before me this day of A.D. So Answers: ~~ ~ R. Thomas Kline 08/22/2001 KRZYWICKI & ASSOCIATES ~~- Deprr~y Sherif YJ / Prothonotary _. i~aeuz In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan b'Arcy Defendant No. 01-4775 ARBITRATION NOTICE TO: Camphill Family Chiropractors 3401 Hartzdale Dr Ste.117 Camp Hill, PA 17011 Date: October 6, 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 Is1 By~Ant ony P. Krzywic~ti 49 North Sugan Road P.O. Box SOS New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 ~.,.,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities Inc. Plaintiff Civil Action - In Law vs. No. 01-4775 Camphill Family Chiropractors Ryan D'Arcy Defendant(s) STATE OF NEW JERSEY COUNTY OF HUNTERDON AFFIDAVIT OF SERVICE SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first class mail on October 6, 2001. Att~~'I' for Plaintiff, Kr icki and Associates P. O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS Z I DAY OF ~L, Z~I~. otary Rtblic ~/ MICHELLE PYATf NOTARY PUBLIC OF NEW,IERSEY ;dY COMMISSION EXPIRES JULY 9, 2002 1~38U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Ut1 sties Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant No. 01-4775 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Camphill Family Chiropractors, 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. Krzywicki ~ Associates DATED: November 21, 2001 By: 49 Su n Road P. ox 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 6 A ,ry, 173802 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff Civil Action - In Law vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant No. 01-4775 ARBITRATION 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 UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendant, Camphill'Family Chiropractors, 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. The defendant, Camphill Family Chiropractors, is more than 18 years of age and currently resides at 3401 Hartzdale Dr Ste.117, Camp Hill, PA 17011. 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. Sworn to and subscribe fore me thir5.~1 day of Nov 2001 MICHELLE PYATT NOTARY PUBLIC OF NEW JERSEY MV_ COMMISSION EXPIRES JULY 9,2002 .,~,,.,.,~a L N ~ d ~ ~~ ~ ~ N ~, ~ ~. ZJ ~:~ r. ~~ `:: ~f =~ -t_ i..,~ ~, fi3 !1 ;; -~