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Home My WebLink About03-43012714U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. 03 - `?3p1 G?G?K Joseph S. Buttorff 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 twenty1201 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 50 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 2714U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. V3- g301 Joseph S. Buttorff Defendant ARBITRATION 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, Joseph S. Buttorff, is an adult individual residing at 401 7th Street, New Cumberland, PA 17070. COUNT 1 UGI Utilities Inc. vs. Joseph S. Buttorff 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 Joseph S. Buttorff. 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. 2714U2 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 DATED: August 25, 2003 By: Respect $ 1615.72 $ 425.00 $ 55.50 $ 150.00 $ 2246.22 submitted, Associates Anth ny rzywicki 49 N Sug n Road P.O. Box 505 New Hope, PA 38 215-862-4390 Attorney for Plainti Attorney I.D. 23754 VERIFICATION I, Jeff Graeff, 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: 2714U2 STATEMENT OF ACCOUNT Joseph S. Buttorff established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 213-165-2935-01 G $1615.72 401 7th Street New Cumberland, PA 17070 Total Delinquent Balance: $1615.72 EXHIBIT A lb 1 10 SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-04301 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UGI UTILITIES INC VS BUTTORFF JOSEPH S R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BUTTORFF JOSEPH S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , BUTTORFF JOSEPH S 401 7TH STREET NEW CUMBERLAND, PA 17070 DEFENDANT IS DECEASED. Sheriff's Costs: So a Docketing 18.00 Service 12.42 Affidavit .00 Thomas Kline Surcharge 10.00 S eriff of Cumberland County .00 40.4 KRZYWICKI & ASSOC 09/09/2003 Sworn and subscribed to before me this day ofd, L _ (,?, Prothonotary KRZY"CKI & ASSOCIATES Anthony P. Krzywi(,ki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney.for Plaintiff Attorney I.D. 2 3 75 412 685 2 ------------------------------- UGI Utilities Inc. Plaintiff VS. Joseph S. Buttorff Defendant(s) ------------------------------- Court of Common Pleas Cumberland County Civil Action No. 03-4301 CV ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above- captioned Civil Action on behalf of defendant Joseph S. Buttorff and certify that I am authorized to do so. JDefe ant or Authorize Agent Dennis Buttorff (POA) 401 7`h Street New Cumberland 17070 C3 - c C) C co -a i cn KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorneys for Plaintiff Attorney 1 D. 23 75 412 685 2 --------------------------------------- UGI Utilities Inc. Plaintiff VS. Joseph S. Buttorff Defendant(s) Court of Common Pleas Cumberland County No. 03-4301 JUDGMENT BY STIPULATION TO THE Prothonotary: Kindly enter judgment in favor of: the plaintiff, UGI Utilities Inc. and against the defendant(s), Joseph S. Buttorff in the amount of $2,246.22, together with interest at the tariff rate from this date forward. DATED: September 16, 2003 E (P.0.A) 401 7th Street New Cumberland, PA 17070 KRZYwICKI & ASSOCIATES 2714U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Joseph S. Buttorff 401 7th Street New Cumberland, PA 17070 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Uti sties Inc. Plaintiff vs Joseph S. Buttorff Defendant Civil Action - In Law No. 03-4301-CIVIL ARBITRATION 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. ( ) Judgment (XX) Money Jul ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment Curtis R. Long Prothonotary by Default figment in Replevin for Possession on Award of Arbitration on verdict 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.237'54 AOL ?V O is r- 'F l (T `t3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law VS. No. 03-4301 CV JOSEPH S. BUTTORFF, ARBITRATION Defendant. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on against the Defendant, satisfied and from the record upon payment of your costs only. KRZYWICKI & ASSOCIATES DATED: September 17, 2008 BY: P. Kr,Zywicki, Esquire P.O. Box 5 New Hop , _ (215)862-4390 Attorney I.D. 23754 ' C r7 F r Fn r