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Home My WebLink About09-3456IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. Oq _ 346(o (1-'; Ie-r t vs. ARBITRATION ROBERT DAL SPURGEON a/k/a BOBBY DAL SPURGEON and EPES TRANSPORT SYSTEM, INCORPORATED, Defendants. 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 04- 3 95-4CL T vs. ROBERT DAL SPURGEON a/k/a BOBBY DAL SPURGEON and EPES TRANSPORT SYSTEM, INCORPORATED, Defendants. ARBITRATION COMPLAINT 1. This is an action by Plaintiff, UGI UTILITIES INC. to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 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 One UGI Center, Wilkes-Barre, PA, 18711. 3. Defendant, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON, is an adult individual residing at 2337 Quentin Circle, Morristown, Tennessee, 37814. 4. Defendant, EPES TRANSPORT SYSTEM, INCORPORATED, is a North Carolina corporation with a principle place of business at 3400 Edgefield Court, Greensboro, North Carolina, 27409. 5. At all times 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 Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI UGI UTILITIES INC. VS. ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON 6. Defendant, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON, while operating a vehicle, collided with and vehicle owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he/she: a) failed to have said vehicle and/or equipment under proper and adequate control; b) failed to keep a proper lookout; C) operated said vehicle and/or equipment in a reckless and careless manner; d) failed to keep vehicle and/or equipment in the proper lane of travel; e) failed to operate the vehicle and/or equipment within the posted speed limit or failed to operate the vehicle and/or equipment at a reasonable speed under the circumstances; f) failed to remain alert and attentive under the circumstances; g) operated the vehicle and/or equipment without due regard for the rights, safety and position of the Plaintiff, h) operated the vehicle and/or equipment in a manner violating the statutes of the Commonwealth of Pennsylvania governing the operation of vehicles and/or equipment on public streets, highways and roadways; i) being negligent at the law; j) such other acts or omissions constituting carelessness, negligence and recklessness may be ascertained during discovery or developed at the time of trial. Defendant, on or about September 18, 2008, struck and damaged a vehicle owned and operated by UGI UTILITIES INC. at the vicinity of St. Johns Road and Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 9. Defendant's actions or inactions as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $1,526.65, including costs and attorneys fees. WHEREFORE, Plaintiff UGI UTILITIES INC. demands judgment against the Defendant in an amount of $1,526.65, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. COUNT II UGI UTILITIES INC. VS. EPES TRANSPORT SYSTEM, INCORPORATED 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. At all time relevant hereto, Defendant, EPES TRANSPORT SYSTEM, INCORPORATED, was the owner of the vehicle driven by Defendant, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON, that hit the vehicle. 14. At the time of the aforesaid accident, Defendant, EPES TRANSPORT SYSTEM, INCORPORATED, was responsible for the actions of its agent, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON. 15. The aforementioned damages were the direct and proximate result of the negligence of Defendant, EPES TRANSPORT SYSTEM, INCORPORATED, including negligent acts and/or omissions of Defendant as performed individually and/or by and through others permitted to drive their vehicle more specifically described as follows: a) negligently entrusting the aforesaid vehicle to Defendant, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON; b) negligently and carelessly failing to properly and adequately supervise and/or train Defendant, ROBERT DAL SPURGEON A/K/A BOBBY DAL SPURGEON, in the operation of his/her vehicle; C) negligently and carelessly failing to properly supervise the operation and control of said vehicle; d) negligently and carelessly failing to act with due care and regard for the safety of others on the streets and highways; e) violating the ordinances and the statutes of the Commonwealth of Pennsylvania governing safe operation of motor vehicles on the streets and highways; and f) otherwise failing to exercise reasonable care under the circumstances. 16. As a direct and proximate result of the negligence of Defendant, EPES TRANSPORT SYSTEM, INCORPORATED, Plaintiff sustained damages as described above. 17. Plaintiff has been damaged in the amount of $1,526.65, including costs and attorneys fees. WHEREFORE, Plaintiff UGI UTILITIES INC. demands judgment against the Defendant in an amount of $1,526.65, including pre judgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully KRZY & A?9'SOCIATES DATED: May 5, 2009 ? By: .9,0. Box 5051 New Hope /A 18938 (215) 862- Attorney for Plaintiff Attorney I.D. 23754 Esquire VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, 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 familiar 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 are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Dated: May 5, 2009 ANTHONY P. WYWICKI, ESQUIRE tl i I $ 78 . So Pb AT rl o,r-*t M3(0 R-,T* X25'(.Sg IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., : Civil Action - In Law Plaintiff, No. 09-3456 Civil Term vs. ARBITRATION ROBERT DAL SPURGEON a/k/a BOBBY DAL SPURGEON and EPES TRANSPORT SYSTEM, : INCORPORATED, Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Epes Transport System, Incorporated, at their last known address, which is 2337 Quentin Circle, Morristown, Tennessee, by Certified Mail, Return Receipt Requested, under the exclusive care and custody of the United', States Postal Service on June 5, 2009. A copy of the USPS receipts are annexed hereto anc~ made a part hereof. KRZYWICKI &~;.AS~CIATES, P.C. By: Sworn to before me this day of _~, 2009. NOT Y PUBL C NoTARw ~A< AMY M GLASGOW Notary Public SOLElURY TWP, BUCKS COUNTY My Commaion Expirss Mar 14, 2012 P New Hope, PA ~38 Attorney ID No. 3754 (215)862-4390 ., o ~• • ~, •- - -. Ir m m a ~',~"r~,, ~~ Certified Fee ~~. ~~y` ~ ~;; ~ a=' G O Return Receipt Fee ,?} Post rk p0 (Endorsement Required) ~~•~,~ /~~~ H a?, Restricted Delivery Fee _~~ '; • ;~ O (Endorsement Required) ~•~ ~` p Total Postage & Fees ~j ~ S.S.71 Q6~~~~ m Sent To~ r`- ~ Street, A . lJO.; --" '- or PO Box No. '3 (,~./r ~ City State. ZlP+4 ~~~-~~~.~~^__ ~~~"~~--------..~-___.._. ~Nd ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature ~~ B., Received by Agent 1. Article Addressed to: ~U~~d~~~ e id L~~~~ 6r~ens h ~, ti!C 2"1~-I 0 ~ C. D~eof;Delivery D. Is delivery addr€ss different from item 1? ~Y'e: If YES, enter delivery address below: ^ No L~ 1 C~te~1-hn Ciro, ', ~tx'nS~~;~3~8'I~I 3. Service Type ^ Certified Mail ^ Express Mail ', ^ Registered ^ Retum Receipt foi• Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7007 3020 0001 3298 921 (!ransfer from service labs!} PS Form 3811, February 2004 Domestic Retum Receipt 1Q2595-02-M-1540 ~?L~i?-F)~~ iCF 2009 E~,~,'-~ ! 2 P- ~ 2~ ~ 6 Ct~~~u . a~ ~ `~~~u~~#~` ~'~,; •?~ kS'~'~~1~~ ~Gra IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 09-3456 Civil Term vs. ROBERT DAL SPURGEON a/k/a BOBBY DAL SPURGEON and EPES TRANSPORT SYSTEM, INCORPORATED, ARBITRATION Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Robert Dal Spurgeon a/ka/ Bobby Dal Spurgeon, at his last known address, which is 2337 Quentin Circle, Morristown, Tennessee, by Certified Mail, Return Receipt Requested, under the exclusive care and custody''of the United States Postal Service on June 5, 2009. A copy of the USPS receipts are annexed hereto and made a part hereof. KRZYWICKI & ~b~jCIATE5, P.C. By: Sworn to before me this day of ~_, 2009. ~ ~~~Q~~ NO Y PUB IC ~~ NOTARUIL SEAL AMY M GLASGOW Notary Publlo SOIEBURY TWP, BUCKS COUNTY MY Commission Expires Mar 14, 2012 P 1S-CJ. tSOX J New Ho 18938 ' Attorney ID No. 23754 (215)862-4390 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name end address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front If space permits. .~ • ~ Ir ~ - - ~-,~. r1J ~ostage , $ >~.bl ~ ..... ~ I ~ ~ I j Certified Fee 7~.~ r-R ^ ^ Retum Receipt Fee (Endorsement Required) ~ ;~•~ / Postmark Here ~ Restricted Delivery Fee (Endorsement Required) ^- w ."~ ~~ \7~ ^ a ~ rlJ ^ Total Postage & Fees d...- :'~. ~P e~ ~~ ,~, m !~ Sent To ~ o ~ Street, Apt. No.: ~ t5 - , ' ' 1 ~ ), rte -; - or PO Box No. 2' J~ ~ Q C City, State, ZfP+4 ----- I~lc~rri.~.~x_.rr,.'i1U - ••------------•---°°-----•°- 318 ~~! ~``+'U~~ A. Signature X ~ Agent Addressee B. Received by (Printed N ) C. at of slivery S 8 D. Is delivery d d'rfferent from kem 1? Yes If YES, enter delivery address below: ~ No ~,c"rr 1 S"'~"ll,~~ , ~ 3 `,g l~ 3. Service TYpe ^ Certified Mail ^ F_xpress Mail ^ Registered ^ Retum Receipt for A~lerchandise ^ Insured Mail ^ C.O.D. 4. Restricted Deliver~R (Exile Fee) [# yeq 2. ArtlcleNumber 707 3020 0001 3298 9195 (transfer from service label) _ __ PS Forrn 3811, February 2004 Domestic Retum Receipt t ~.M.tytp t. Article Addressed to: Ovt~ Pi.C~he,~~ ~c,> 1 ~~,~, c~_m 233'7 9ki~n~'in circ_,~~ ~Ii..~C1-~Ji~r~C~ C tr ~-.r~ t.-tia.•r~ ~~{{ ZQ09~~~~ !2 Phi 2~ 36 CU"dry ~_ ;'~ ~ _J;Ji` IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, UGI UTILITIES INC., Civil Action - In Law Plaintiff, No. 09-3456 Civil Term vs. ROBERT DAL SPURGEON a/k/a BOBBY DAL SPURGEON and EPES TRANSPORT SYSTEM, INCORPORATED, Defendants. ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the prejudice upon payment of your costs only. KRZYWICKI & MATES DATED: June 23, 2009 BY: Esquire 8 VANIA without P.C. (~115)862~390 Attorney for Plaintiff Attorney I.D. 23754 .t. 1% 4 ~ ~a t_ i `3 G. ti~ 1~ i s ~ r~ . ~`.~