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Home My WebLink About07-5742q IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILTIES, INC., Plaintiff, Civil Action Number: d7 _ ~c7 c~ a C ~ Y ~ ~ ~ e~ vs. TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY and SHEDMAR PARTNERS LP, Defendants. ARBITRATION COMPLAINT xarics 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 ~1RNHD THAT IF YOII FAIL TO DO 80, THS CA$E L~1Y PROCSSD 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 TARE 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. CUi~ERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILTIES, INC., Plaintiff, Civil Action Number: ~ ~• S 7~Z (%v~/ `T,u.,-- vs. ARBITRATION TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY and SHEDMAR PARTNERS LP, Defendants. 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 appliance service. 2. UGI UTILITIES, INC. is a domestic 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 1500 Paxton Street, Harrisburg, Pennsylvania, 17105. 3. Defendant, TOD GERARD SHEDLOSKY, aCk/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY, is an adult individual residing at 6346 N. Powderhorn Road, Mechanicsburg, Pennsylvania, 17050. 4. Defendant, SHEDMAR PARTNERS LP is a limited partnership doing business in the Commonwealth of Pennsylvania with its principal place of business at 6346 N. Powderhorn Road, Mechanicsburg, Pennsylvania, 17050. 5. Defendant, SHEDMAR PARTNERS LP is the title owner of 4 East Market Street, Jonestown, Pennsylvania, 17038. 6. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service and selling appliances to persons and businesses who requested utility service and appliances in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission COUNTI BREACH OF CONTRACT UGI UTILITIES, INC. VS. TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/lz/a TODD G. SHEDLOSKY 7. Paragraphs 1 through 6 are incorporated as referenced as if fully set forth herein. 8. On or about October of 2005, Plaintiff sold one (I) boiler to TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY. The remaining balance for this appliance is $5,770.00. 9. Attached hereto and marked Exhibit "A" is a copy of the purchase contract. 10. The appliance provided by the Plaintiff to the Defendant aforesaid were received, accepted and utilized for the benefit of said Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. 5HEDLOSKY, a/k/a TODD G. SHEDLOSKY. 11. Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY, is in default of his obligation, having failed to make the payments as they became due. 12. Plaintiff made demands on Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY to repay the sums then due and owing to Plaintiff, but Defendant TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY has stopped making payments and continues to refuse to pay Plaintiff. 13. Despite demands upon Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY, for payment by the Plaintiff, Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY has failed and refuses to pay Plaintiff the balance due and owing on said account(s). 14. Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY, has received the benefit of the appliances being attached to the real estate as a permanent fixture. 15. Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY, materially and substantially breached the Agreement by failing to make payments to Plaintiff as required under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendant for damages in the following sums for which Plaintiff demands judgment against the Defendant, TOD GERARD SHEDLOSKY, a/k/a TOD G. SHEDLOSKY, a/k/a TODD G. SHEDLOSKY Amount past due: $ 5,770.00 Attorney's fees: $ 2,000.00 Court Costs: $ 78.50 Service Costs: 150.00 TOTAL: $ 7,998.50 COUNT II 16. Paragraphs 1 through 15 are incorporated as referenced as if fiilly set forth herein. 17. Plaintiff provided material and labor for the renovations to the existing building for one (1) boiler in the vicinity of 2 East Mazket Street and 4 S. Lancaster Street, Jonestown, Pennsylvania, 17038. 18. The work performed on the Project by Plaintiffwas a benefit to the real estate which increased its useful life and value. 19. The work performed on the Project by Plaintiffwas received, accepted, and utilized for the benefit of said Defendant SHEDMAR PARTNERS, LP. 20. Plaintiff made demand on Defendant SHEDMAR PARTNERS LP to repay the sums then due and owing to Plaintiff, but Defendant has stopped making payments and refuses to pay Plaintiff. 21. Defendant SHEDMAR PARTNERS LP has been unjustly enriched by receiving renovation services without payment. 22. Defendant SHEDMAR PARTNERS LP had knowledge of the services before they were provided and encouraged the performance of the Project. 23. Defendant SHEDMAR PARTNERS LP received the benefit of work performed to its building in the form of an increased value of the property, and an extension of the useful life of the building. WHEREFORE, Plaintiff demands judgment against Defendant for damages in the following sums for which Plaintiff demands judgment against the Defendant, SHEDMAR PARTNERS LP: Amount past due: Attorney's fees: Court Costs: Service Costs: TOTAL: DATE: September 25, 2007 $ 5,770.00 $ 2,000.00 $ 78.50 150.00 $ 7,998.50 KRZYWICKI Sy50CIATES By: thony ,Esq. P.O. x 505 N Hope 1893 8 15)862-4390 Attorneys for Plaintiff Attorney ID Number: 23754 EXHIBIT "A" VERIFICATION Pursuant to Mule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not available within the time for serving the foregoing to provide their Verification; that I am sufficiently familiaz with the facts set forth in the foregoing Pleading to take this Verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the Company's business records and matters of public record. I understand that the statements herein aze made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Dated: September 25, 2007 ~ _~ c `a .~ C~ ~` _ r , . T # ~ t 0o O ~ - - r -°; ~ ~. ~ ~ },:, , ~ - i c.. (~ -. l7 V KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box SOS New Hope, PA 18938 (ZI5)862-4390. Attorney for Plaintiff Attorney I. D. 23754 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff Civil Action No. 07-5742 Civil Term vs. TOD GERARD SHEDLOSKY a/k/a TOD G. SHEDLOSKY a/k/a TODD G. SHEDLOSKY and SHEDMAR PARTNERS LP, Defendants. PRAECIPE TO SETTLE, DISCONTINUE, ~,1~TD END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendants without prejudice upon payment of your costs only. KRZYWICKI &.~SOCIATES DATED: October 23, 2007 .BY: zywicki, Esq. E r P1~-aff ~`: ~ U :~.: ~,r ~', - N -~ ~ ~' ~ ' _ µ . t--~ .. emu.. , ~ .~ ~~3 ~ _ . . "~ ~ ~.:. -~C SHERIFF'S RETURN - REGULAR + -w CASE NO: 2007-05742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS SHEDLOSKY TOD GERARD ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEDLOSKY TOD GERARD AKA TOD G SHEDLOSKY AKA TODD G SHEDLOSK the DEFENDANT at 1618:00 HOURS, on the 18th day of October 2007 at 6346 POWDERHORN ROAD MECHANICSBURG, PA 17050 by handing to LISA SHEDLOSKY, WIFE 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 ~f~Dl~O'l 18.00 10.56 .00 10.00 .00 38.56 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 KRZYWICKI & ASSOCIATES B, A.D SHERIFF'S RETURN - REGULAR t. -. CASE NO: 2007-05742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS SHEDLOSKY TOD GERARD ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ~uF.1lMAR PARTNERS TAP the DEFENDANT at 1618:00 HOURS, on the 18th day of October 2007 at 6346 POWDERHORN ROAD MECHANICSBURG, PA 17050 by handing to 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 Il~at1G9 ~,,. 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 KRZYWICKI & ASSOCIATES I A.I