HomeMy WebLinkAbout03-3815In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI Utilities Inc.
Plaintiff
vs
Shenk Athletic Equipment Company
Defendant
Civil Action - In Law
No. _
ARBITP~ATION
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 writ%eh appearance personally or
by attorney amd 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 WITNOUT
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 rec~ested 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 L~WYER 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
3056U~
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
UGI utilities Inc.
Plaintiff
VS
Shenk Athletic Equipment Company
Defendant
Civil Action - In Law
No. -
ARBITRATION
COMPLAINT
1. This ms 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, Shenk Athletic Equipment Company, is a Pennsylvania
Corporation doing business at 5010 East Trindle Rd. SU1, Mechanicburg,
PA 17050.
COUNT 1
UGI Utilz z-~-f~ Inc. vs.
Shenk Athletic Equipment Company
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 Shenk Athletic
Equipment Company.
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.
305617H
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.
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:
Fees:
Court Costs:
Service Costs:
TOTAL
845.00
169.00
55.s0
zso.oo
1219.50
Respectfully submitted,
DATED:
July 23,
2003
Kr zywi~i Associates
Aritho ki /-
49 No/th ~dgan Ro~d~
P. O. /Box/505 ~
New ~op~, PA 189/8
215~8~-4390
Att4~r~ey for Plaintiff
Attorney I.D. 23754
VERIFICATION
I, Marge Kline, 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.
Dated:
UGI Utilities, Inc.
/ [
Marge Klit~ '
3056U~
STATEMENT OF ACCOUNT
Shenk Athletic Equipment Company established the following accounts
with UGI Utilities Inc. with the following balances and charges:
Account Number / Acct Type Service to: Balance
Service Address
218-580-8810-01 O
1335 North Front Street Harrisburg, PA 17102
/ / $845.00
Total Delinquent Balance: $845.00
EXHIBIT A
SHERIFF'S
CASE NO: 2003-03815 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
SHENK ATHLETIC EQUIPMENT CO
RETURN - REGULAR
RONALD E. HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
SHENK ATHLETIC EQUIPMENT COMPANY
DEFENDANT , at 0015:26 HOURS,
at 5010 EAST TRINDLE ROAD SU1
MECHANICSBURG, PA 17050
ED BEAUREGARD (DIRECTOR
was served upon
on the 7th day of August
by handing to
INFO TECH)
a true and attested copy of NOTICE
COMPLAINT
the
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this ~ ? ~'~ day of
So Answers:
R. Thomas Kline
08/08/2003
KRZYWICKI & ASSOCIATES
Deputy Sheriff
KRZYI~ICKI & ~tSSOCI~I TES
~Inthony p. Krzywicki, Esquire
John £. Shearburn, Esquire
P.O Box 505
New Hope, Pr1 18938
(215)862-4390
2tttorney for Plaintiff
~Ittorney ~D 23754/26852
UGI Utilities Inc.
Plaintiff
Shenk Athletic Equipment Company
Defendant (s)
Court of Common Pleas
Cumberland County
Civil Action No.
2003-38115
PRAECIpE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARy:
Kindly mark this matter settled, discontinued, and ended, for
the defendants Upon payment of your costs only.
DATED:
September 24, 2003
KRZYWIcKI & ASSOCIATEs
BY:~