The URL can be used to link to this page

Home My WebLink About99-07784 y" u 9 z N Y i? In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - No. qi- 77JPJP In Law 1...1VJ W" UGI Utilities Inc. Plaintiff VS. Joyce Davis Defendants COMPLAINT ARBITRATION 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 moeney 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 the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff VS. Joyce Davis Defendants COMPLAINT Civil Action - In Law No. 99. 97SY Ccuc:f 7-,,,- ARBITRATION 1. This is an action by plaintiff, UGI Utilities Inc., to recover damages from defendant arising out of a debt defendant owes to plaintiff by virtue of an gas service account numbered 202-754-3870-19. 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. 3. Defendant, Joyce Davis, is an adult individual residing at 6594 Carlisle Pike, Mechanicsburg, PA 17055. , COUNT 1 Under 23 Pa.C.S.A. Sec 4102 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. Plaintiff supplied utility service to Carl Davis and Joyce Davis at the property located at 6594 Carlisle Pike, Mechanicsburg, PA 17055. 6. A complaint was filed against Carl Davis for the utility service on or about August 27, 1999 for the amount of $2729.14. 7. The outstanding balance due is $2729.14 plus interest and costs as reflected in defendant's statement of account 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. 8. The utility service which was provided by the plaintiff to the defendant was received, accepted, and utilized for the I benefit of said defendant. 9. Gas service was provided as a necessary to the defendant under 23 Pa. C.S.A. sec 4102 for the support and maintenance of the family of the defendant. 10. Plaintiff has not been able to collect the debt from Carl Davis. 11. Despite demands upon defendant for payment by the plaintiff, defendant has failed and refused to pay plaintiff the balance due and owing on said account(s). WHEREFORE, there is now due and owing from the defendant to the plaintiff the amount of $2729.14. COUNT 2 12. Paragraphs 1 through 11 are incorporated herein by reference and made part hereof. 13. The utility service which was provided by plaintiff to defendant was received, accepted and utilized for the benefit of said defendant. 14. Despite demands upon defendant for payment by the plaintiff, defendant has failed and refused to pay plaintiff the balance due and owing on said account. 15. Defendant has been unjustly enriched by utilizing but not paying for the gas service. Wherefore, there is now due and owing from the defendant to the plaintiff the amount of $2729.14 plus interest and costs. Respectfully submitted, Krzywicki & Associates Date: December 20, 1999 ) By: An ony . Krzywi i On aminy Interp PO Box 505 New Hope, PA 18938 609-397-7200 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Cynthia E. Coffin, 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, l 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: 12l-26195 BY: Q V & S04MiLn Cynthia E. Coffin STATrMEN'I' OF ACCOUNT Carl Davis and Joyce Davis established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number/ Acct Type Service to: Balance Service Address 202-754-3870-19 Ga 6594 Carlisle Pike, Mechanicsburg, PA 17055 $2729.14 Total Delinquent Balance: $2729.14 EXHIBIT A `? vnN VI O SHERIFF'S RETURN - REGULAR CASE NO: 1999-07784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS DAVIS JOYCE SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT IN ARBITRATION was served upon DAVIS JOYCE the DEFENDANT at 0016:10 HOURS, on the 4th day of January , 2000 at 6594 CARLISLE PIKE MECHANICSBURG, PA 17055 JOYCE DAVIS by handing to a true and attested copy of COMPLAINT IN ARBITRATION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 10.00 .00 32.96 Sworn and Subscribed to before me this S/ , r day of A. D. ?l,cl a? K. ?ILGS_EL L? Prothonotary So Answers: R. Thomas Kline 01/05/2000 KRZYWICKI & AS CIATE By: ` Deput Sh riff SBRU2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland Co,mty Courthouse . Carlisle, PA 17013 Lawrence E. Welker Prothonotary TO: Joyce Davis 6594 Carlisle Park Mechanicsburg, PA 17055 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Ut, sties Inc. Civil Action - In Law Plaintiff No. 99-7784 Civil vs Joyce Davis Defendant ARBITRATION NOTICE Court of Pennsylvania, you are hereby notified that a pursuant to Rule 236 of the supreme ing Judgment has been encored against you in the above proceed as indicated below. Lawrence E. Welker Prothonotary (XX) Judgment by Default ( ) Money Judgment i ( ) 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 1 Neshaminy Interplex P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney I.D. N0.23754 56BU2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs Joyce Davis Defendant No. 99-7784 Civil ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. Joyce Davis Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Joyce Davis for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 2633.64 $-T6 33.64 together with interest thereon from the date of judgment forward and all costs of this action. 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. M snsva 2. The true and correct address of the Defendant, Joyce Davis, is 6594 Carlisle Park, Mechanicsburg, Cumberland County, PA 17055. DATED: March 16, 2000 By: P O. . New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 Krzywicki an Associates Ant on P. 4. V? i 1 Nes am' Interple B 505 SHERIFF'S RETURN - REGULAR CASE N0: 1999-07784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIND UGI UTILITIES INC VS DAVIS JOYCE SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT INAR3ITRATT_ON was served upon DAVIS JOYCE the DEFENDANT at 0016:10 HOURS, on the 4th day of Januarv 2000 at 6594 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JOYCE DAVIS a true and attested copy of COMPLAINT IN ARBITRATION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.96 Affidavit .00 Surcharge y 10.00 .00 32.96 Sworn and Subscribed to before me this day of A. D. So Answers: 0 R. Thomas Kline ' 01/05/2000 KRZYTAT_CKI & AS OCTATE By : Debut Sh riff Prothonotary ::.:.r.°52 569U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff (Civil Action - In Law vs No. 99-7784 Civil Joyce Davis Defendant ARBITRATION ..,%?l............. NOTICE TO: Joyce Davis 6594 Carlisle Park Mechanicsburg, PA 17055 Date: February 22, 2000 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: ?s I Anthony rzywicki 1 Neshaminy Interplex P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ??' ?? mA1L11 MAY BE USED FOR DOMESTIC AND INI'RNATI0NAL MAIL, GOES PflOVIDE FOR INSURANCE P •, r I stamp IVe en - OSTMASTI R _ lulre < R.clF currer Krzywicki & Associates c 'r u' ' P.O. Box 505 -- New Hope PA 18938 lit l - , ataA 4?.iT One pleas of ordinary mail eddreewd to: ?. ///T IFS ? t1+ l]ghti (e.S1ry eAO%CIlsle Dark '?i ° i;' {/iQC {nG I ?ic. PR { 7o1'S-' m + •" i ?+.' SS-&t„z 'S Form 3817, Mar. 1989 Seeu2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. (Civil Action - In Law Plaintiff vs No, 99-7784 Civil IARBITRATION Joyce Davis Defendant The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Joyce Davis, 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 ,apd Associates DATED: March 16, 2000 By: 1 N sna y lIlL-?^ P, x 505 New ope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 58BU2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Joyce Davis Defendant AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON Civil Action - In Law No. 99-7784 Civil ARBITRATION 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 defendant, Joyce Davis, 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, Joyce Davis, is more than 18 years of age and currently resides at 6594 Carlisle Park, Mechanicsburg, PA 17055. 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. Sworn me th before 2000 1 MICHELLE PYATT NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9. 2002 i i. Ii i ? Z uJ c' CV ?• `J i (J _ cl LV JJ- N -`(6' V' - C. ? M C; Crz) ., v ?V[