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Home My WebLink About99-07785932112 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil tA'+ction - In Laws vs No. 9T - 77PS OtoU - £ , James E. Davis Sr. 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 832U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania - Inc. UGI Uti i-Y:s aintiff Civil Action - In Law No . 9 q- 176 s ? 7&.- vs vs E. Davis Sr. ARBITRATION Defendant COMPLAINT 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 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, James E. Davis Sr., is an adult individual residing at 6599 Carlisle Pike, Mechanicsburg, PA 17055. COUNT 1 UGI Utilit Inc. vs. James E. Davis Sr. 4. 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. 5. Plaintiff supplied utility service to James E. Davis Sr. 6. At the present time, Defendant account is in default and has 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. 7. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 83202 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 9. 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. 10. 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). 11. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: TOTAL $ 1592.86 $ 1592.86 Respectfully submitted, Krzywic]y"nd Associates DATED: December 16, 1999 By: x Nesh >ny I erplex P.O ox 505 Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 ;v VERIFICATION 1, 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, I have been unable, after reasonable investigation, to ascertain which arc true, but 1 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: 12A'lg9 BY: ? Ylh CyCY t?Coffin 882U2 STATEMENT OF ACCOUNT James E. Davis Sr. established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 202-754-4010-07 G $1592.86 6599 Carlisle Pike Mechanicsburg PA 17055 Total Delinquent Balance: $1592.86 EXHIBIT A '. ? ?,.: `, ?? ,: ?.: ? 0 ?_: ? .9 1' ? r-, i J L1.?J ?Y SHERIFF'S RETURN - REGULAR CASE NO: 1999-07785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS DAVIS JAMES E SR 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 JAMES E SR the DEFENDANT , at 0016:10 HOURS, on the 4th day of January , 2000 at 6599 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JAMES E. DAVIS, SR. a true and attested copy of COMPLAINT IN ARBITRATION together with and at the same time directing His 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 day of ,q p-vJ A. D. Prothonotary So Answers: P. Thomas Kline 01/05/2000 KRZYWICKID4epuS OC. By: kerIff B32U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti iti.es Inc. Plaintiff (Civil Action - In Law vs No. 99-7785 CV James E. Davis Sr. Defendant ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. James E. Davis Sr. Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, James E. Davis Sr. for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 1592.86 TOTAL $ 1592.86 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. ea2u2 •ect address of the Defendant, James E. e Pike, Mechanicsburg, Cumberland County, Krzvwicki and Associates By: Ant io y . Krzwic cici 1 Ne my Inte , P.O. ox 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS DAVIS JAMES E SR g32u2 SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pens-vlvania, who being duly sworn according to law, says, the within COMPLAINT IN ARBITRATION was served upon DAVIS JAMES E SR the DEFENDANT , at 0016:10 HOURS, on the 4th day of Januarv , 2000 at 6599 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to JAMES E. DWIS, SR. a true and attested copy of COMPLAINT IN ARBITRATION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 10.00 .00 32.96 Sworn and SuaDscribed to before me this day of A. D. So Answers: R. Thomas Kl-lne' 0 1/05/2000 KRZYWICKI & OC. By: Deputy S eriff Prothonotary K-? i' B32U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania 3.11C . Plaintiff vs James E. Davis Sr. Defendant Civil Action - In Law No. 99-7785 CV ARBITRATION NOTICE TO: James E. Davis Sr. 6599 Carlisle Pike 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 t ony . ?S 1cki 1 Neshaminy Interplex P.0. Box 5 05 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 flrcom ' - K2ywicki & Associates P.O. Box 505 - New Hope, PA 18938 + z Ona Pl"l of oftlina ` N mul aaorauao to: ! i •' /.M?i..l ? ?4vfc ? CC 771 lief rit ?rr• C i'r ?) C f/ /7GrT la o PS Form 3817, Mar. 1989 ' _- .._ ,. Asa..+, •. Pa to of it 622U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. (Civil Action - In Law Plaintiff vs No. 99-7785 CV James E. Davis Sr. JgRBITRATION Defendant ..... The undersigned hereby certifies written notice oftintention to file a praecipe for entry of jedgmeat by default agains defendant, James E. Davis Sr., 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. Tuotcecopies of rtificationat notice is attached hereto and made a part of this Krzywick' and Associates DATED: March 16, 2000 By An Cony P. zywic i 1 Jesh ny I rplex P. ox 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 B12U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti hies Inc. Plaintiff vs James E. Davis Sr. Defendant Civil Action - In Law No. 99-7785 CV 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 defendant, James E. Davis Sr., 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, James E. Davis Sr., is more than 18 years of age and currently resides at 6599 Carlisle Pike, Mechanicsburg, PA 17055. 3, I have ascertained the above information by personal investigation and make this affidavit with due authority. Sworn to and me this 1,6 d before 2000 MICHELLE PYATi NOTARY PUBLIC OP NEW JERSEY HY COMMISSION EXPIRES JULY 5,2002 a C- ce) ?J Ire) ) ` ) C j _l ?l M?l U v o C) V R KRZYWICKI d'• ASSOCIATES Anthony P. Kraywicki, Fsgriire John L. Shcarbiwn, rscli w P.O. Box 505 New Hope, PA 18938 (215)862-4390 Aiia•ney./in• 1'lainifff AUor•ney L D. 23754/26,'5 2 ------------------------------- UGI Utilities Inc. Plaintiff VS. James E. Davis Jr. Defendant (s) ------------------------------- Court of Common Pleas Cumberland County Civil Action No. 99-7785-CV 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. DATED: June 17, 2002 KRZYWICKI & ASSOCIATES BY: / X-1 Antho P. K ki Attorney for Plaintiff Y1 t t i Cl- ?"?/ l u Lc. cv c =? U