The URL can be used to link to this page

Home My WebLink About04-00401203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc Plaintiff Civil Action - In Law vs No . cov - -qts? 1. LU ?l, David M. Kyler Lisa Kyler 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 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Actiotn- In Law vs No. Cy- y l. niV?L David M. Kyler Lisa Kyler Defendant ARBITRATION COMPLAINT 1. This is an action by Plaintiff, UGI Utilities Inc. to recover damages from Defendants arising out of a debt Defendants owe 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Utilities Inc. vs. David M. Kyler and Lisa Kyler 6. 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. 7. Plaintiff supplied utility service to David M. Kyler and Lisa Kyler. 1203U2 8. At the present time, Defendants account is in default and have 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. 9. The utility service which was provided by the Plaintiff to the Defendants aforesaid, was received, accepted, and utilized for the benefit of said Defendants. Each in ordering and accepting service was acting individually and as agent for one another 10. Defendants are in default of their obligation, having failed to make the payments as they became due. 11. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused and continue to refuse to pay Plaintiff. 12. Despite demands upon Defendants for payment by the Plaintiff, Defendants have failed and refused to pay Plaintiff the balance due and owing on said account(s). 13. Defendant has been unjustly enriched by accepting service without full payment. 12 o3U2 WHEREFORE, there is now due and owing from the Defendants to the Plaintiff the following sums for which Plaintiff demands judgment, jointly and severally, against the Defendants: Amount Past Due: TOTAL $ 1398.76 $ 1398.76 Respectfully submitted, Krzywick& t Associates DATED: December 30, 2003 By: cki Norad P.O. BNew Ho38 Ant Zntiff 800-29AttornAttorn54 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: 1203U2 STATEMENT OF ACCOUNT David M. Kyler and Lisa Kyler established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 218-529-8410-09 G $1398.76 118 Hogestown Road Mechanicsburg, PA 17055 Total Delinquent Balance: $1398.76 EXHIBIT A (J '?4 ?? ? f V V f ? ?) c.] ? L? ?? Wp ? (? (II Ti - - i_ .. _ 'Tt _._ r ? ri r c? SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00040 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UGI UTILITIES INC VS KYLER DAVID M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KYLER DAVID M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 57 STATE ROAD MECHANICSBURG, PA 17055 , KYLER DAVID M PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answer.: Docketing Service 18.00 12.42 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 45.42 KRZYWICKI & ASSOC 01/15/2004 Sworn and subscribed to before me this ,Zd nom. day o? a? f A.D. --l/ Pro W 1not a?2 y ' Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary cc of t'he protbanotarr Q?ffi Curaberlaub CourttP John E. Slike solicitor L4 CIVIL- TERM ORDER OF TERMINATION OF COURT CASES OVEMBER 2007 AFTER MAILING THE ABOVE f NOW THIS 5TH DAY OF N CE WITH PA AND TO PROCEED AND RECEIVING?I?S,? ACCORDAN INTENTION TERMINATED WITH PRE CASE IS HEREBY TERM R. C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY 'sle, Pennsylvania 17013 (717) 240-6195 • Fax (717) 240-6573 One Courthouse Square Carh