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HomeMy WebLinkAbout01-67812577U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Lori Investors Defendant Thomas Flynn Defendant Anthony Pascotti Defendant Civil Action - In Law ~LRBITRATION 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 LAW~fER OR C.A~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 2577U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Lori Investors Defendant Thomas Flynn Defendant Anthony Pascotti Defendant Civil Action - In Law No. O'-- 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, Lori Investors, is a Unincorporated Association doing business at 5010 E. Trindle Rd St 203, Mechanicsburg, PA 17050. 4. Defendant, Thomas Flynn, is an adult individual residing at 5010 E. Trindle Rd St 203, Mechanicsburg, PA 17050. 5. Defendant, Anthony Pascotti, is an adult individual residing at 5010 E Trindle Rd St 203, Mechanicsburg, PA 17050. COUNT 1 UGI Utilities Inc. vs. Lori Investors and Thomas Flynn and Anthony Pascotti 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 Lori Investors and Thomas Flynn and Anthony Pascotti. 2577U2 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. 2577U2 WHEREFORE, there is now due and owing from the Defendants to the Plaintiff the following sums for which Plaintiff demand~ judgment, jointly and severally, against the Defendants: Amount Past Due: Fees: TOTAL $ 6396.37 $ 2100.00 $ 8496.37 Respectfully submitted, DATED: November 20, 2001 Krzywicki and Associates By: Antho~a~/~q-~rzywicki 49 ~5~h S au~~ Hope, PA 18938 215-862-4390 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 th~ 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, vhich are tree, 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 49~4, / relating to unsworn falsification to authorities. BY: UGI Utilities, Inc. AprilleX.B.~a~l~~ 2577132 STATEMENT OF ACCOUNT Lori Investors, Thomas Flynn and Anthony Pascotti established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 221-994-7555-39 G 1325 E. Main Street Annville, PA 17003 / / Total Delinquent Balance: $6~ 396.37 ~96.37 EXHIBI~ ~" SHERIFF'S RETURN CASE NO: 2001-06781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS LORI INVESTORS ET AL - 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 LORI INVESTORS the DEFENDANT at 1610:00 HOURS, on the 5th day of December , 2001 at 5010 EAST TRINDLE ROAD SUITE 203 MECHILNICSBURG, PA 17050 by handing to PAMELA S GRISSINGER, SEC 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 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this /j~ day of ~.. ~ A.D. honotary ' ! ' So Answers: R. Thomas Kline 12/10/200i KRZYWICKI & ASSOC By: ,_ ~~/_~"//~~ Deputy Sheriff ~ SHERIFF'S CASE NO: 2001-06781 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJLND UGI UTILITIES INC VS LORI INVESTORS ET AL RETURN - REGULAR DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon FLYNN THOMAS to law, the DEFENDANT , at at 5010 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 1610:00 HOURS, on the 5th day of December , SUITE 203 by handing to PAMELA S GRISSINGER, SEC a true and attested copy of COMPLAINT & NOTICE together with 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this /3~ day of ~_~_~ _~/ A.D. / ~Prothonotary ~ ' ' So Answers: R. Thomas Kline 12/10/2001 KRZYWICKI & ASSOC By: Deputy Sheriff ~ SHERIFF'S RETURN - CASE NO: 2001-06781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS LORI INVESTORS ET AL DAVID MCKINNEY Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE PASCOTTI ANTHONY REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT at 5010 EAST TRINDLE ROAD MECHANICBURG, PA 17050 at 1610:00 HOURS, on the 5th day of December , SUITE 203 by handing to PAMELA S GRISSINGER, SEC a true and attested copy of COMPLAINT & NOTICE 2001 together with and at the same time directing Her 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 /~ day of ~-z~ ~Z A.D. So Answers: R. Thomas Kline 12/10/2001 KRZYWICKI & ASSOC By: Deputy Sheriff UGI UTILITIES, INC., Plaintiff We LORI INVESTORS, THOMAS FLYNN, and ANTHONY PASCOTTI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6781 Civil Term CIVIL ACTION - LAW DEFENDANTS' ANSWER TO COMPLAINT AND NOW come the Defendants, by and through their attorneys, Friedman & King, P.C., and aver as follows: 1. It is denied that the Defendants are indebted to Plaintiff by virtue of utility service. 2. Admitted. 3. The averment contained in paragraph 3 of the Plaintiff's Complaint is denied. Lori Investors, Inc. is a corporation, duly incorporated under the laws of the Commonwealth of Pennsylvania, doing business at 5010 E. Trindle Rd., Mechanicsburg, Pennsylvania. 4. The averment contained in paragraph 4 of the Plaintiff's Complaint is denied. Defendant Flynn is an adult individual, and does business at 5010 E. Trindle Rd., Suite 203, Mechanicsburg, PA. 5. The averment contained in paragraph 5 of the Plaintiff's Complaint is denied. Defendant Pascotti is an adult individual, and does business at 5010 E. Trindle Rd., Suite 203, Mechanicsburg, PA. COUNT I UGI UTILITIES; INCo v. LOR! INVEHTORS; THOMAS F~YNN~ and ANTHONY PASCOTTI 6. Admitted. 7. It is admitted that Plaintiff supplied utility service to Lori Investors. It is denied that Plaintiff supplied any services to Thomas Flynn or Anthony Pascotti. 8. It is denied that Defendants are in default and have any outstanding balance due and owing to Plaintiff. Moreover, Exhibit "A" is not a statement of account, and strict proof of any alleged debt is demanded at trial. 9. It is denied that utility service was received, accepted, and utilized for the benefit of Defendants. Moreover, it is denied that either Defendant Flynn, or Defendant Pascotti, was acting as agent for the other. 10. The averment contained in paragraph 10 is denied, and proof thereof is therefore demanded at trial. 11. It is admitted that Plaintiff made demand upon Defendant, Lori Investors, and it is admitted that Defendants have refused to pay Plaintiff, and proof of any amount outstanding is demanded. 12. It is admitted that Plaintiff made demand upon Defendant, Lori Investors, and it is admitted that Defendants have refused to pay Plaintiff, and proof of any amount outstanding is demanded. 13. The averments contained in paragraph 13 of the Plaintiff's Complaint are denied as a conclusion of law. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiff. Date: Respectfully submitted, FRIEDMAN & KING, P.C. Richard/ S. Friedman, 600 N.//Second Street Penthduse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Esquire f/p:pleadings\lori.ans VERIFICATION I, Richard S. Friedman, Esquire, that I am the attorney for the Defendants hereby acknowledge in the foregoing action; that I have read the foregoing Answer to Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. The Defendants were unable to verify at this time. This will be supplemented with a Verification signed by the Defendants. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities~ /~ Ri~ard S. Friedman, Esquire / UGI UTILITIES, INC., Plaintiff LORI INVESTORS, THOMAS FLYNN, and ANTHONY PASCOTTI, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6781 Civil Term : : CIVIL ACTION - LAW : : February 5, Complaint, by depositing same in the United States Mail, class, postage prepaid, addressed as follows: CERTIFICATE OF SERVICE Richard S. Friedman, Esquire, hereby certify that on 2002, I served a copy of the within Answer to first Anthony P. Krzywicki, Esquire Krzywicki and Associates 49 North Sugan Road P. O. Box 505 New Hope, PA 18938 FRIED~ Rich~d S. Friedman, Esquire 609~N. Secon~ Street Pe~thouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 UGI UTILITIES, INC., Plaintiff LORI INVESTORS, THOMAS FLYNN, and ANTHONY PASCOTTI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6781 Civil Term CIVIL ACTION - LAW PRAECIP~ Please file the attached Verifications of the Defendants, and so mark the docket. Respectfully submitted, FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire 600/N. Secon9 Street Pe~thouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 I, Thomas Flynn, hereby acknowledge that I am a Defendant in the foregoing action; that I have read the foregoing Answer to Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. I, Thomas Flynn, hereby acknowledge that I am the President of Lori Investors, Inc., a Defendant in the foregoing action; that I have read the foregoing Answer to Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to ?lynn, Presl~nt Lori Investors, Inc. I, Anthony Pascottl, hereby acknowledge that I am a Defendant in the foregoing action; that I have read the foregoing Answer to Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to un worn falslfioation to UGI UTILITIES, INC., Plaintiff Ve IX)RI INVESTORS, THOMAS FLYNN, and ANTHONY PASCOTTI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6781 Civil Term CIVIL ACTION - LAW February 8, CERTIFICATE OF SERVIC~ Richard S. Friedman, Esquire, hereby certify that on 2002, I served a copy of the within Praecipe and Verifications, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Anthony P. Krzywicki, Esquire Krzywicki and Associates 49 North Sugan Road P. O. Box 505 New Hope, PA 18938 FRIED~.. Richard S. Friedman, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 KRZYWICKI & ~4S$0C1.~TE$ Anthony P. Krz~icki, Esquire John L Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 215-862-4390 ~ttorney$ fijr Platnttff ~4ttorn~y ID. 25754/~6852 Utilities Inc. Plaintiff court of Common Pleas cumberland County 01-6781 5ori Investors Defendant (s) Thomam Flynn Defendant(s) Anthony Pascotti Defendant (s) JUDGMENT BY STIPULATION TO THE Prothonotary: Kindly enter judgment in favor of the plaintiff, UGI Utilities, Inc., and against the defendant(s), Lori Investors, Thomas Flynn, and Anthony Pascotti in the amount of $6,571.37, together with interest at the tariff rate from this date forward. DATED: April 15, 2002 5010 E. Trindle Rd Mechanicsburg, PA 17050 ~ey fo~.lff 2577U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Lori Investors 5010 E. Trindle Rd St 203 Mechanicsburg, PA 17050 In the Court of Common Pleas RICHARD FRIEDMAN FRIENDMAN & KING, P.C. 600 NORTH 2ND STREET 5TH FLOOR HARRISBURG, pa 17108 of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Lori Investors Defendant Thomas Flynn Defendant Anthony Pascotti Defendant Civil Action No. 01-6781 CV ARBITRATION In Law 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 by Default (XX) Money Judgment ) Judgment in Replevin ) Judgment for Possession ) Judgment on Award of Arbitration ) Judgment on Verdict ) Judgment on Court Findings Curtis R. Long Prothonotary IF YOU HAVE AAIY 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.23754 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754/26852 UGI Utilities Inc. Plaintiff VS. Lori Investors Thomas Flynn Anthony Pascotti Defendant(s) Court of Common Pleas Cumberland County Civil Action No. 01-6781 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant, satisfied and from the record upon payment of your costs only. DATED: June 19, 2002 BY: KRZYWICKI & ASSOCIATES