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HomeMy WebLinkAbout01-67801783U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Central Sign Systems Defendant Keystone Sign Systems, Inc. Defendant Civil Action - NO. O%-- ~ ARBITRATION In Law 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 TEE C;LSE 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 L~WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T~E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL RELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 1783U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Central Sign Systems Defendant Keystone Sign Systems, Inc. Defendant Civil Action - In Law 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, Central Sign Systems, is a Unincorporated Association doing business at 5215 Simpson Ferry Road, Mechanicsburg, PA 17050. 4. Defendant, Keystone Sign Systems, Inc., is a Pennsylvania Corporation doing business at 5232 E. Trindle Road, Mechanicsburg, PA 17055. COUNT 1 UGI Utilities Inc. vs. Central Sign Systems and Inc. Keystone Sign Systems 5. 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. 6. Plaintiff supplied utility service to Central Sign Systems and Inc. Keystone Sign Systems. 7. 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. 1783U2 8. 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 9. Defendants are in default of their obligation, having failed to make the payments as they became due. 10. 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. 11. 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). 12. Defendant has been unjustly enriched by accepting service without full payment. 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: 1783U2 Amount Past Due: Fees: TOTAL $ 1264.55 $ 4OO.OO $ 1664.55 DATED: October 22, 2001 Respectfully submitted, Krzywicki and Associates By: n .~Krz Aritho ywicki~ 49 P.O. 2 ]Z9~'862 - 4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Aprille Beasley, 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 tree. This statement is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. Dated: /'0/~7_/©[ BY: UGI Utilities, Inc. April~- 1783U2 STATEMENT OF ACCOUNT Central Sign Systems and Keystone Sign Systems, Inc. established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 216-712-1405-82 G 5215 Simpson Ferry Road Mechanicsburg, PA 17050 / / $1264.55 Total Delinquent Balance: $1264.55 EXHIBIT A SHERIFF'S RETURN - REGULAR CASE NO: 2001-06780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CENTRAL SIGN SYSTEMS ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CENTRAL SIGN SYSTEMS the DEFENDANT at 1528:00 HOURS, on the 5th day of December at 5215 SIMPSON FERRY ROAD 2001 MECHANICSBURG, PA 17055 JEFF MATERAZZI, PRESIDENT a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.15 Affidavit .00 Surcharge 10.00 .00 35.15 Sworn and Subscribed to before me this /~~ day of ' ' Prothonotary ' F' J So Answers: R, Thomas Kline 12/10/200i KRZYWICKI & ASSOC Deputy Sheriff SHERIFF'S CASE NO: 2001-06780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CENTRAL SIGN SYSTEMS ET AL RETURN - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEYSTONE SIGN SYSTEMS INC the DEFENDANT , at 1528:00 HOURS, at 5215 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 JEFF MATEP~AZZI, PRESIDENT on the 5th day of December 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this iB~ day of ~-c~. J~ ~! A.D. ! ~rothonotary t So Answers: R. Thomas Kline 12/10/2001 KRZYWICKI & ASSOC By: Deputy Shez~i f f '~