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Home My WebLink About01-0134In the Court of Common Pleas of Cumberland County, Pennsylvania PPL Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff VS. 200 North Third Street, Inc. Defendants Civil Action - No. Or- 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 WARiNED 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 CAITNOT 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 of Cumberland County, Pennsylvania PP&L Electric utilities Corp. d/b/a Energy Plus Co. Plaintiff vs. 200 North Third Street, Inc. Defendant(s) Civil Action - In Law No. OJ- /~ COMPLAINT 1. This is an action by plaintiff, PP&L Electric Utilities Corp. d/b/a Energy Plus Co. to recover damages from defendant arising out of a debt defendant owes to plaintiff by virtue of an electric service account no. 17730-64002. 2. PP&L Electric Utilities Corp. d/b/a Energy Plus Co. 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 Two North Ninth Street, Allentown, PA 18102. 3. Defendant, 200 North Third Street, Inc., is a corporation doing business at 1200 Camp Hill Bypass, Camp Hill, PA 17011. 4. At all times relevant hereto, business of furnishing, supplying and distributing electric to persons and businesses in accordance with Regulations of the Public Utility Commission. plaintiff was engaged in the generation Plaintiff's 5. Plaintiff supplied utility service to 200 North Third Street for the benefit of the defendant. 6. At the present time, defendant's account is in default and has an 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, charges and which is attached hereto and marked Exhibit A, herein by reference and made a part hereof. and late incorporated 7. The electric which was provided by the plaintiff to the defendant aforesaid, was received, accepted, and utilized for the benefit of said defendant. 8. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 9. Plaintiff made demand on defendant to repay the sums then due and owing to plaintiff, but defendant has refused and continues to refuse to pay plaintiff. 10. Despite demands upon defendant for payment by the plaintiff, defendant has failed and refused to pay plaintiff the balance due and owing on said account(s). 11. Defendant has been unjustly enriched by accepting service without full payment. 12. Under Public utility Regulation sec. 56.22(a) plaintiff is entitled to collect a late charge on a delinquent balance at the rate of 1.25% per month. WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums for which plaintiff demands judgment against the defendant: DATED: Amount Past Due: Attorney Fees: Court Costs: Service Costs: TOTAL January 4, 2001 By: $25,041.81 $ 6,260.00 $ 45.50 $ 100.00 $31,447.31 Respegtf~lly submitted, Krzyw~ck~ and Associates cki P~FS,/~ew Hope, Pa 18938 215-862~390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Anthony P. Krzywicki, Attorney for PP&L Electric Utilities Corp. dfio/a Energy Plus Co., verify that the facts, stated in the foregoing pleading, are tree and correct to the best of my information and belief and that this verification is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. DATED: January 4, 2001 By: PP&L Electric Utilities Corp. d/b/a Energy Plus Co. STATEMENT OF ACCOUNT 200 North Third Street, Inc. established the following accounts with PP&L Electric Utilities Corp. d/b/a Energy Plus Co. with the following balances and charges: Account Number/ Service Address Acct Type Service to: Balance 17730-64002 E / 200 North Third Street, Camp Hill, PA 17001 / $25,041.81 Total Delinquent Balance: $25,041.81 EXHIBIT A SHERIFF'S RETURN - REGULAR CASE NO: 2001-00134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTLIITIES CORP VS 200 NORTH THIRD STREET INC CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 200 NORTH THIRD ST INC the DEFENDANT , at 0015:06 HOURS, on the llth day of January , 2001 at 2016 YALE AVE CAMP HILL, PA 17011 by handing to CHARLIE DAVIS (PREISDENT) 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 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this 2~/~ day of ~ ~/ A.D. ~ P~othonotary ~ So Answers: R. Thomas Kline 0i/i6/2001 KRZYWICKI & ASSOCIATES · De~ty Sh~ri~ 1733EP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff vs 200 North Third Street Defendant Civil Action - No. 01-134 CV In Law PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 PPL Electric Utm---~i-l-i-[~les Corp. 200 North Third Street vs. Kindly enter default judgment in favor of Plaintiff, PPL Electric Utilities Corp. and against Defendant, 200 North Third Street for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $25041.81 $ 6260.00 $ 45.50 $ lOO.OO $31447.31 together with interest thereon from the date of judgment forward and all costs of this action. 1733EP I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corp., is 827 Hausman Road, Allentown, PA 18104. 2. The true and correct address of the Defendant, 200 North Third Street, is 1200 Camp Hill Bypass, Camp Hill, Cumberland County, PA 17011. DATED: March 13, 2001 Krz~nd Associates BY:An/bony P. Krzywi~-% 18938 8~0-296-2103 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - '~ASE NO: 2001-00134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTLIITIES CORP VS 200 NORTH THIRD STREET INC REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE 200 NORTH THIRD ST INC DEFENDANT , at 0015:06 HOURS, at 2016 YALE AVE CA24P HILL, PA 17011 CHA~LIE DAVIS (PREISDENT) a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of Januar~ , __ by handing to together with COMPLAINT & NOTICE 2001 and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing 15.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline oi/1~/2ool KRZYWICKI & ASSOCIATES " DepUty Sh~rif~ u.s. ~OSTAL S;,V,;E~ CERTIFICATE OF MAILING MAY ~E USEO FOR OOMESTIC AND IN~F~RNATiONAL MAIL, ~0~$ NOT ~OYtDE FOR I.$U~[ANCE--POSTMASTI~ ~ Fo~ 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PPL Electric Utilities Corp. Civil Action - In Law cVb/a Energy Plus Co. Plaintiff VS. No. 01-134-CV 200 North Third Street, Inc. Defendant(s) NOTICE TO: 200 North Third Street, Inc. 2016 Yale Avenue Camp Hill, PA 17011 DATE: February 12, 2001 You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166/(800) 990-9108 BY: Krzywicki & Associates Anthony P. Krzywicki PO Box 505 New Hope, PA 18938 609-397-7200 Attorney I.D. 23754 1733EP In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PPL Electric Utilities Corp. Plaintiff 200 North Third Street Defendant Civil Action - In Law No. 01-134 CV The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, 200 North Third Street, in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judgment pursuant to Pa. R.C.P. 237~1. True and correct copies of that notice is attached hereto and made a part of this certification. DATED: March 13, 2001 Krzywicki and Associates BY / .rzywicki_ /49/~or t h S ~gan~B~a~[ New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 In the Court of Common Pleas of CUMBERLAND County, 1733EP Pennsylvania PPL Electric Utilities Corp. Plaintiff VS 200 North Third Street Defendant Civil Action No. 01-134 CV In Law AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON SS. I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of PPL Electric Utilities Corp,, 827 Hausman Road, Allentown, PA 18104, Plaintiff herein, and as such state the following: 1. The defendant, 200 North Third Street, is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. years of Hill, PA The defendant, 200 North Third Street, is more than 18 age and currently resides at 1200 Camp Hill Bypass, Camp 17011. 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. Sworn to and subscribed befo~' -- me this, ~3 day of Ma~oh 2001-- MICHE~E PYATT NOTARY PUBL~ Ol= NEW JERSEY MY ~MI~ON E~PIRES JULY 9, ~ KRZYWICKi & A$$OCIATE$ Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire £. O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754/26852 PPL Electric Utilities Corp. d/b/a Energy Plus Co. Plaintiff VS. 200 North Third Street, Inc. Defendant(s) Court of Common Pleas Cumberland County Civil Action No. 01-134 PRA~CIPE TO SATISFY JUDG14~I~T TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant(s), satisfied and from the record upon payment of your costs only. KRZYWICKI & ASSOCIATES DATED: May 21, 2001 BY: