HomeMy WebLinkAbout01-06781
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2577U2
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilltles Inc.
Plaintiff
vs
Civil Action - In Law
No. 61-(..7P( (?,uLl't&~
Lori Investors
Defendant
ARBITRATION
Thomas Flynn
Defendant
Anthony Pascotti
Defendant
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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
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257702
In the Court of Common pleas of CUMBERLAND County, Pennsylvania
UGI Utilities Inc.
Plaintiff
vs
Civil Action - In Law
No. C> I - ~ '11'1 C'.\J~L <-r~
Lori Investors
Defendant
ARBITRATION
Thomas Flynn
Defendant
Anthony Pascotti
Defendant
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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, Lori Investors, is a Unincorporated Association
doing business at 5010 E. Trindle Rd St 203, Mechanicsburg, PA 17050.
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4. Defendant, Thomas Flynn, is an adult individual residing at
5010 E. Trindle Rd St 203, Mechanicsburg, PA 17050.
5. Defendant, Anthony Pascotti, is an adult individual residing
at 5010 E Trindle Rd St 203, Mechanicsburg, PA 17050.
COUNT 1
UGI Utilltles Inc. vs.
Lori Investors and Thomas Flynn and Anthony Pascotti
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 Lori Investors and
Thomas Flynn and Anthony pascotti.
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2577U2
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.
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2577U2
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:
Fees:
TOTAL
$ 6396.37
$ 2100.00
$ 8496.37
Respectfully submitted,
Krzywicki and Associates
DATED: November 20, 2001
By:
Ant 0
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P.
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Box 50
Hope, PA 18938
215-862-4390
Attorney for Plaintiff
Attorney I.D. 23754
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VERIFICATION
I, Aprille Beasley, 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: / / /20/0/
BY:
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2577U2
STATEMENT OF ACCOUNT
Lori Investors, Thomas Flynn and Anthony Pascotti established the
following accounts with UGI Utilities Inc. with the following balances and
charges:
Account Number /
Service Address
Acct Type
Service to:
Balance
================================================================================
221-994-7555-39 G
1325 E. Main Street Annville, PA 17003
/ /
$6396.37
Total Delinquent Balance: $6396.37
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06781 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
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LORI INVESTORS ET AL
DAVID MCKINNEY,
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LORI INVESTORS
the
DEFENDANT
, at 1610:00 HOURS, on the 5th day of December, 2001
at 5010 EAST TRINDLE ROAD
SUITE 203
MECHANICSBURG, PA 17050
by handing to
PAMELA S GRISSINGER, SEC
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
So Answers:
18.00
7.80
.00
10.00
.00
35.80
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R. Thomas Kline
12/10/2001
KRZYWICKI & ASSOC
me this /3'!:
day of
By: c!f~P//te. ,
Deputy Sheriff ~
Sworn and Subscribed to before
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rothonotary /
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06781 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
LORI INVESTORS ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
FLYNN THOMAS
the
DEFENDANT
, at 1610:00 HOURS, on the 5th day of December, 2001
at 5010 EAST TRINDLE ROAD
SUITE 203
MECHANICSBURG, PA 17050
by handing to
PAMELA S GRISSINGER, SEC
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
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
12/10/2001
KRZYWICKI & ASSOC
Sworn and Subscribed to before
By:
g~~~/~"t
Deputy Sheriff
me this /3 e:
day of
ULP~ ;J.ey,/ A.D.
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Prothonotary /
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06781 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
LORI INVESTORS ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
PASCOTTI ANTHONY
the
DEFENDANT
, at 1610:00 HOURS, on the 5th day of December, 2001
at 5010 EAST TRINDLE ROAD
SUITE 203
MECHANICBURG, PA 17050
by handing to
PAMELA S GRISSINGER, SEC
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
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
12/10/2001
KRZYWICKI & ASSOC
Sworn and Subscribed to before
By:
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Deputy Sheriff
me this L3te
day of
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rothonotary ,~
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UGI UTILITIES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6781 civil Term
LORI INVESTORS, THOMAS FLYNN,
and ANTHONY PASCOTTI,
Defendants
CIVIL ACTION - LAW
pEFENDANTS' ANSWER TO COMPLAINT
AND NOW come the Defendants, by and through their
attorneys, Friedman & King, P.C., and aver as follows:
1. It is denied that the Defendants are indebted to
Plaintiff by virtue of utility service.
2. Admitted.
3. The averment contained in paragraph 3 of the
Plaintiff's complaint is denied. Lori Investors, Inc. is a
corporation, duly incorporated under the laws of the Commonwealth
of Pennsylvania, doing business at 5010 E. Trindle Rd.,
Mechanicsburg, Pennsylvania.
4. The averment contained in paragraph 4 of the
Plaintiff's complaint is denied. Defendant Flynn is an adult
individual, and does business at 5010 E. Trindle Rd., suite 203,
Mechanicsburg, PA.
5. The averment contained in paragraph 5 of the
Plaintiff's Complaint is denied. Defendant Pascotti is an adult
individual, and does business at 5010 E. Trindle Rd., suite 203,
Mechanicsburg, PA.
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COUNT I
UGI UTILITIES, INC. v.
LORI INVESTORS, THOMAS FLYNN, and ANTHONY PASCOTTI
6. Admitted.
7. It is admitted that Plaintiff supplied utility
service to Lori Investors. It is denied that Plaintiff supplied
any services to Thomas Flynn or Anthony Pascotti.
8. It is denied that Defendants are in default and
have any outstanding balance due and owing to Plaintiff.
Moreover, Exhibit "A" is not a statement of account, and strict
proof of any alleged debt is demanded at trial.
9. It is denied that utility service was received,
accepted, and utilized for the benefit of Defendants. Moreover,
it is denied that either Defendant Flynn, or Defendant Pascotti,
was acting as agent for the other.
10. The averment contained in paragraph 10 is denied,
and proof thereof is therefore demanded at trial.
11. It is admitted that Plaintiff made demand upon
Defendant, Lori Investors, and it is admitted that Defendants
have refused to pay Plaintiff, and proof of any amount
outstanding is demanded.
12. It is admitted that Plaintiff made demand upon
Defendant, Lori Investors, and it is admitted that Defendants
have refused to pay Plaintiff, and proof of any amount
outstanding is demanded.
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13. The averments contained in paragraph 13 of the
Plaintiff's Complaint are denied as a conclusion of law.
WHEREFORE, the Defendants demand judgment in their
favor and against the Plaintiff.
Respectfully submitted,
Date:
2-f io L
FRIEDMAN ~ P.c.
Richar? S. Friedman, Esquire
600 N.' Second Street
Penth se suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
f/p:pleadings\lori.ans
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VERIFICATION
I, Richard S. Friedman, Esquire, hereby acknowledge
that I am the attorney for the Defendants in the foregoing
action; that I have read the foregoing Answer to Complaint; and
the facts stated therein are true and correct to the best of my
knowledge, information and belief. The Defendants were unable to
verify at this time. This will be supplemented with a
Verification signed by the Defendants.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. section 4904, relating to
unsworn falsification to authorities.
Dated: t/-t/.:{/
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Rjard
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S. Friedman, Esquire
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UGI UTILITIES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6781 civil Term
LORI INVESTORS, THOMAS FLYNN,
and ANTHONY PASCOTTI,
Defendants
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on
February 5, 2002, I served a copy of the within Answer to
Complaint, by depositing same in the united States Mail, first
class, postage prepaid, addressed as follows:
[I
Anthony P. Krzywicki, Esquire
Krzywicki and Associates
49 North Sugan Road
P. O. Box 505
New Hope, PA 18938
FRIEDMAN & KING, P.C.
Rich d S. Friedman, Esquire
600 N. Second Street
P thouse suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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UGI UTILITIES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6781 civil Term
LORI INVESTORS, THOMAS FLYNN,
and ANTHONY PASCOTTI,
Defendants
CIVIL ACTION - LAW
PRAECIPE
Please file the attached Verifications of the
Defendants, and so mark the docket.
Respectfully submitted,
Date:~~~ ~~d--
Rich rd S. Friedman, Esquire
600 . Second Street
Pe house Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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VERIFICATION
I, Thomas Flynn, hereby acknowledge that I am a
Defendant in the foregoing action; that I have read the foregoing
Answer to Complaint; and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. section 4904, relating to
unsworn
f.1sifie.tion to 'Uth~r .~
Dated: ()(7[dr
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VERIFICATION
I, Thomas Flynn, hereby acknowledge that I am the
President of Lori Investors, Inc., a Defendant in the foregoing
action; that I have read the foregoing Answer to Complaint; and
the facts stated therein are true and correct to the best of my
knowledge, information and belief.
I understand that any false statements herein are made
sUbject to penalties of 18 Pa. C.S. section 4904, relating to
unsworn
s lynn, President
Investors, Inc.
Dated: ~/d~
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VERIFICATION
I, Anthony Pascotti, hereby acknowledge that I am a
Defendant in the foregoing action; that I have read the foregoing
Answer to Complaint; and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn
Dated: ~~/d~
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UGI UTILITIES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6781 civil Term
LORI INVESTORS, THOMAS FLYNN,
and ANTHONY PASCOTTI,
Defendants
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on
February 8, 2002, I served a copy of the within Praecipe and
Verifications, by depositing same in the United States Mail,
first class, postage prepaid, addressed as follows:
Anthony P. Krzywicki, Esquire
Krzywicki and Associates
49 North Sugan Road
P. O. Box 505
New Hope, PA 18938
FRIEDMAN & K
, P.C.
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Richard S. Friedman, Esquire
600 N. Second Street
Penthouse suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, E~quire
John L. Shearburn, Esquire
P.O. Box 505
New Hope. PA 18938
2/5-862-4390
AItQrneY~.Ii1r Plaintiff
AttQrney ID. 23754/26852
UGI Utilitiss Inc.
Plaintiff
Court of Common Pleaa
cumbe~land County
01-6781
vs.
Lori tnvestors
Defendant(s)
Thomas Flynn
Defendant(s)
Anthony P~sco~~i
Defendant(s)
JUDGMENT BY STIPULATION
TO THE Prothonotary:
Kindly enter judgment in favor of the plaintiff, UGI
Utilities, Ine., and against the defendant (a), Lori Investors,
Thomas Flynn, and Anthony Pascotti in the amount of $6,571.37,
together with interest at the tariff rate from this date forward.
DATED;
April 15, 200:6
rzywicki
Plaintiff
r
5010 E. Trind1e Rd S 2
Mechanicsburg, PA 17050
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2577U2
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUmberland County Courthouse * Carlisle, PA 17013
Curtis R. Long
Prothonotary
TO: Lori Investors
5010 E. Trindle Rd St 203
Mechanicsburg, PA 17050
RICHARD FRIEDMAN
FRIENDMAN & KING, P.C.
600 NORTH 2ND STREET 5TH FLOOR
HARRISBURG, pa 17108
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilitles Inc.
Plaintiff
civil Action - In Law
vs
No. 01-6781 CV
Lori Investors
Defendant
ARBITRATION
Thomas Flynn
Defendant
Anthony Pascotti
Defendant
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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 as indicated below.
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Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
Curtis R. Long
Prothonotary
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
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
John L. Shearburn, Esquire
Po. Box 505
New Hope, PA 18938
(215)862-4390
Attorney for Plaintiff
Attorney lD. 23754/26852
UGI utilities Inc.
Plaintiff
Court of Common Pleas
Cumberland County
civil Action No.
vs.
Lori Investors
Thomas Flynn
Anthony pascotti
Defendant(s)
01-6781
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the Judgment against the defendant, satisfied and
from the record upon payment of your costs only.
KRZYWICKI & ASSOCIATES
BY:
icki
Pla' tiff
DATED: June 19, 2002
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