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HomeMy WebLinkAbout10-0307IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - hi Law No.: l6 - 167 e'-tvit Ter" ROBERT JAMES HALL and DIANE MARIE HALL, ARBITRATION 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 ?E. r, C rt't a- =t f a ? ;? wjrn .C $92 .ate -?cL eke wynt 4 109 Il IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.. (O 3 0? C rviF?'"" ROBERT JAMES HALL and ARBITRATION DIANE MARIE HALL, Defendants. COMPLAINT I . This is an action by Plaintiff, UGI HVAC SERVICES INC., to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of appliance service. 2. UGI HVAC SERVICES INC. is a domestic 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 229 Shellyland Road, Building 6, Manheim, Pennsylvania, 17545. 3. Defendant, ROBERT JAMES HALL, is an adult individual residing at 120 Rodney Lane, Camp Hill, Pennsylvania, 17011. 4. Defendant, DIANE MARIE HALL, is an adult individual residing at 120 Rodney Lane, Camp Hill, Pennsylvania, 17011. 5. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service and selling appliances to persons and businesses who requested utility service and appliances in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I BREACH OF CONTRACT UGI HVAC SERVICES INC. VS. ROBERT JAMES HALL AND DIANE MARIE HALL 6. Paragraphs 1 through 5 are incorporated as referenced as if fully set forth herein. 7. On or about January 30, 2009, Plaintiff installed a water heater to Defendants, ROBERT JAMES HALL and DIANE MARIE HALL. The remaining balance for this appliance is $2,154.00. 8. Attached hereto and marked Exhibit "A" is a copy of the installation contract. 9. The contract in Exhibit "A" states that late charges will be assessed if payments are not received within ten (10) days of the due date in the amount of the lesser of 5% of the payment or $5.00. 10. The installation and sale provided by the Plaintiff to the Defendants aforesaid were received, accepted and utilized for the benefit of said Defendants, ROBERT JAMES HALL and DIANE MARIE HALL. 11. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, are in default of their obligation, having failed to snake the payments as they became due. 12. Plaintiff made demands on Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, to repay the sums then due and owing to Plaintiff, but Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, has not made any making payments and continues to refuse to pay Plaintiff. 13. Despite demands upon Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, for payment by the Plaintiff, Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, have failed and refuse to pay Plaintiff the balance due and owing on said account(s). 14. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, have received the benefit of the installation of the water heater being attached to the real estate as a permanent fixture. 15. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, materially and substantially breached the Agreement by failing to make payments to Plaintiff as required under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the following sums for which Plaintiff demands judgment against the Defendants, ROBERT JAMES HALL and DIANE MARIE HALL: Amount Past Due: $ 2,154.00 Late Charges: $ 55.00 Attorneys Fees: $ 441.80 Court Costs: $ 78.50 Service Costs: $ 150.00 TOTAL: $ 2,879.30 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. ROBERT JAMES HALL AND DIANE MARIE HALL 16. Paragraphs 1 through 15 are incorporated as referenced as if fully set forth herein. 17. Plaintiff provided material and labor for the renovations to the existing building for a water heater in the vicinity of 120 Rodney Lane, Camp Hill, Pennsylvania, 17011. 18. The work performed on the project by Plaintiff was a benefit to the real estate which increased its useful life and value. 19. The work performed on the project by Plaintiff was received, accepted, and utilized for the benefit of said Defendants, ROBERT JAMES HALL and DIANE MARIE HALL. 20. Plaintiff made demand on Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, to repay the sums then due and owing to Plaintiff, but Defendants have never made any payments and refuses to pay Plaintiff. 21. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, have been unjustly enriched by receiving renovation services without payment. 22. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, had knowledge of the services before they were provided and encouraged the performance of the project. 23. Defendants, ROBERT JAMES HALL and DIANE MARIE HALL, received the benefit of work performed to its building in the form of an increased value of the property, and an extension of the useful life of the building. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the following sums for which Plaintiff demands judgment against the Defendants, ROBERT JAMES HALL and DIANE MARIE HALL: Amount Past Due: $ 2,154.00 Late Charges: $ 55.00 Attorneys Fees: $ 441.80 Court Costs: $ 78.50 Service Costs: $ 150.00 TOTAL: $ 2,879.30 DATED: November 18, 2009 Respectfully submi CIATES, P.C. By. I a, Esquire P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. 23754 EXHIBIT A 0-04-002 REv 1/07 TYPE CIF SALE I'-41 TRANS NO 15-16; CUSTOMER ACCT. NO. 17 (18.23) INVOICE NO CREDIT APPROVAL CUSTOMER TEL. NO 6 H 0941" D DEL ONLY [:] PICK-UP [:] DROP SHIP NEW [-] REP'L'?e EMP [] B Date of Contract: 20 CREDITOR (called Seller or e, Us and Our): NAME AND ADDRESS: UGI HVAC SERVICES, INC. Name '-? P- //V ti .? ?/ s Address City State / Zip Code NfArINC, tNNLN/G. /LUMNINf, AREA ORDER NO. SALES ORDER 2 052579 BUYER refers to all persons signing this Contract as Buyer (called You, Your and Yours): 711 BUYER STREET 1601 CITY, STATE ' 76 ZIP CODE I DELIVER TO DISCLOSURE OF YOUR CREDIT COSTS 1 1 e 1 1 1 1 ANNUAL FINANCE Amount Total of Total Sale, Price PERCENTAGE CHARGE Financed Payments RATE The amount you will The total cost of your The dollar The amount of credit have paid after you purchase on credit, The cost of amount the provided to you or on have made all including your your credit as a credit will cost your behalf. payments as downpayment yearly rate. you. scheduled. of $ -is $ $ $ $ Your payment schedule Payments of $ are due on the day of each month beginning 20 SECURITY: You are giving a security interest in the goods you are purchasing. LATE CHARGE: If we receive your payment 10 days or more after the date it is due, we will charge you the lesser of 5% of the Payment or $5.00. PREPAYMENT: If you pay off early, you may be entitled to a refund of part of the finance charge. See the other provisions of your Retail Installment Contract for additional information about non-payment, default, any required repayments in full before the scheduled date, and prepayment refunds. E means an estimate. We estimate the payment due dates as your first payment will be due 30 days after delivery or installation of the goods, and you must make all other payments on the same day of each month thereafter, ITEMIZATION N? OF AMOUNT FINANCED OF $ (A) $1?/vA`p`pI. Price Receipt Amount $ Less Allow Date $ &d D & I Rec'd by (B) $? et Cash Price $ -"' Less: (2) Cash Down Payment (3) Trade-in (C) $ -- T tal Down Payment (2 + 3) (D) $v npaid Balance of Cash Price (B minus C) Other Charges: (E) $ Sales Tax (F) $ Permit Fees (G) $ Processing Fee (H) $ Materials Handling & Fuel Surcharge (1) $ Other (J) $-- Amount Paid to Insurance Co. (K) $L1 npaid Balance (Amount financed) (D+E+F+G+H+I+J) DESCRIPTION ttt (L) $ Finance Charge CONTRACT COVERAM We sell and you bury the following MFGs(M) $ Time t Balance (Total of Payments) Property (include model and serial number) and/or Services. MODEL (N) Tine Sale Price (Total Sale Price) (B+E+F+G+H+I+J+L) PROMISE TO PAY: You promise to pay the Total of Payments according to your payment schedule shown above. ADDITIONAL TERMS AND CONDITIONS OF THIS HOME IMPROVEMENT CONTRACT ARE ON THE BACK. NOTICE TO BUYER: (1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS CONTRACT. (3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATER THAN FIVE P.M. ON THE BUSINESS DAY FOLLOWING THE DATE THEREOF BY GIVING WRITTEN NOTICE OF RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN THE CONTRACT BUT, IF YOU RESCIND AFTER FIVE P.M. ON THE BUSINESS DAY FOLLOWING, YOU ARE STILL ENTITLED TO OFFER DEFENSES IN MITIGATION OF DAMAGES AND TO PURSUE ANY RIGHTS OF ACTION OR DEFENSES THAT ARISE OUT OF THE TRANSACTION. YOU CONFIRM RECEIVING A COMPLETED COPY OF THIS CONTRACT WITH DISCLOSURES OF YOUR CREDIT COSTS. IF THIS BOX IS CHECKED, THEN YOU, THE UYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSA N. SEE THE HED-NOTICE 0 CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. . 1,nA bj-x? Salt 9nature euye s let Signature Buyer 2's Signature INSURANCE: Credit life insurance a it disability ' rance are not required to obtain credit, and insurance will not be provided unless you sign and agree to pay the additional cost. TYPE COST TERM SIGNATURE TYPE COST TERM SIGNATURE You want credit BIe it wrame Credit Disability You want credit disability insurance credit Life Insurance S Mos Insurance Si l C l ) $ Mos. . ( ng e overage on y Bier 1's Signature INSURANCE PROTECTION: If we transfer this contract to an affiliate of The Central National Life Insurance Company of Omaha P'CNLI"), then and only then you may enroll under a group policy offering credit life and credit disability insurance coverages. Neither we nor the affiliate is your agent, broker, or fiduciary for obtaining this insurance. The affiliate may receive some benefit from vrlllr splRdinn of thk irm rarlrp ADDITIONAL TERMS AND CONDITIONS LATE PAYMENTS: If w ,e^t;. 4t an Ws;all,mm 10 dq cr s An to ave A s RESULTS OF DEFAULT: if pii ti.. -" -Y ...1' ry.. v,.. a iate .,. , EE -'_.>.. 5l, ni t v moo ,r! aT,! dv6 8 :E8 t1oSS as *r'A63d185 'kQ inn t,14 i tua^ rC _ 36 :! 2 rl?. l :0 ( t y t'a Pr 1f r !nmrov",'irp;!?,s PAYMENT IN ADVANCE 'cu a wpay A, vi the, 3 w is ovvt? a hi We can 0 tp P 3c !y c. r tt a C ntr c -a 1 , ow i qu 0% we m Won 71+ r u . tons sum Ming to f6'_ of . Me Sta. M v x . 3y my :.._*.• ce A ,¢',+ an m, f'!• - W I?Oud M900 S,,: *0 = 3 MM" M «'0 . 3E 1t^ A MW d M 010 PW Sam AS 2:`7 7 M7 1 Me ! r :1 ' 2k WK QIWA? swu MW a in ',;a3; Sio, LA IJ APPLICABLE: Pen 5,l. i.' ,,.,;,,:,5 r7 ., ATTONNEY"S FEES: !. we q ,. ~1 .,.AE ,ra:: n, oq .., .f saw n& cu.u m'. s ...... 'n ..,. c X% t :in'i'7 n. . ,. Fi .' - ctrl': -. +IiTARDNS )N WAr 3 ANTtES "J;:.. 17 , s , r :meat IT ,.... t.•ta' 19i'TED DAW,KS ?_?f........_ .. - -- ---- - - ?. f s ; 1 4Y "t d f :5a s SITS ww Ii u 1RMR ts: r :.l r cT tiaf t ':,T'it' '•r 1 a R t W MW 'JEMAdv 9BU9 ,R W74 ": ..,,.v; d'tup 1=01y 1:1 REUNDER BY THE ASTIR S,.-ALL NOT EnCE=D AN31l1b PS,f _ E `i?a??ti IIERI;i;?dOI:R 440 VVArRSAIdTY . S:7.E C3:...' !a7t• _ . ,ti7 ,.9\I, t:1 N. ?+ %? 'id..,.u:' V: *.' ,:" ..,, . ,i .,,. f, ;U 3,r Su"1AGi t).IY ,.:Ri^ ,.. „ strd P,>.\f. 1? J, lot ws?qr.?n. t-ns ,...'?w?T ^P n^u?".•`?•?^ ;,?;ET?,3 i'dSURkNCE 4 9 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: November 18, 2009 IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC c o ., Plaintiff, -rs ?-?. M Civil Action - In Law GD , co . _ rri m VS. No.: 10-307 Civil Term r ROBERT JAMES HALL and ARBITRATION DIANE MARIE HALL, ; N : r Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, with prejudice upon payment of your costs only. KRZYWICKI & A,S,?TES, P.C. DATED: February 8, 2010 BY: PIff. Box 505 New Hope, PA-'1 893 8 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S OFFICE OF CUMBERLAND COUNTY PLED ! Ronny R Anderson .. ti it Sheriff T; . ° ' ' rr r `}1ARY Jody S Smith 2C 10 FEB 15 Ph Chief Deputy I ?• 13 Edward L Schorpp Y Solicitor UGI HVAC Services, Inc. vs. Robert James Hall Case Number 2010-307 SHERIFF'S RETURN OF SERVICE 01/25/2010 07:21 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 1921 hours, he served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: Robert James Hall, by making known unto himself personally, at 120 Rodney Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Diane Marie Hall, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Diane Marie Hall. Diane Marie Hall was out of the state until February 3, 2010 upon her return to Pennsylvania she was to pick the Complaint and Notice up at The Cumberland County Sheriffs Office. However, with the inclimate weather conditions the defendant was unable to make it to the office and the Complaint and Notice has expired. SHERIFF COST: $57.50 SO ANSWERS, February 11, 2010 X R ANDE40N, SHERIFF By if n •,Su ;Fe.ri. T ;'t Inc.