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HomeMy WebLinkAbout01-71032526U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Rebecca J. Smith 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 TEAT IF YOU FAIL TO DO SO TgE 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 C/~NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTE 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 2526U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Rebecca J. Smith Defendant Civil Action - In Law ARBITRATION COMPLAINT 1. This is an action by Plaintiff, UGI Utilities Inc. to recover damages from Defendant arising out of a debt Defendant owes 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, Rebecca J. Smith, is an adult individual residing at 126 Market Street, New Cumberland, PA 17070. COUNT 1 UGI Utilities Inc. vs. Rebecca J. Smith 4. 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. 5. Plaintiff supplied utility service to Rebecca J. Smith. 6. At the present time, Defendant account is in default and has 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. 7. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 2526U2 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. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: TOTAL $ 1605.42 $ 1605.42 Respectfully submitted, DATED: December 4, 2001 Krzywicki and Associates BY:Antb~f~zywicki 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, James R. Gallagher, 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 true. This statement is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: UGI Utilities, Inc. J--am~ R. Gallagher 2526U2 STATEMENT OF ACCOUNT Rebecca J. Smith established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 213-132-5070-85 G 126 Market Street New Cumberland, PA 17070 / / $1605.42 Total Delinquent Balance: $1605.42 EXHIBIT A SHERIFF'S RETURN - 'CASE'NO: 2001-07103 P COMMONWEALTH OF pENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND UGI UTILITIES INC VS SMITH REBECCA J R. Thomas Kline ,Sheriff or Deputy Sheriff, duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT SMITH REBECCA J unable to locate Her in his bailiwick. who being search and but was He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SMITH REBECCA J PER POST OFFICE, DEFENDANT LIVES AT 107 OLD YORK ROAD LOT 503 NEW CUMBERLAND - YORK CO. Sheriff's Costs: Docketing 18.00 Service 11.05 Not Found 5.00 Surcharge 10.00 .00 44.05 Sheriff of Cumberland County KRZYWICKI & ASSOCIATES 01/24/2002 Sworn and subscribed to before me this ~D ~ day of~ J.o~ ~ A.D. Pro~notar~ ~ ~ TMO~,AAS KUNE Sheriff EDWARD L, SCHORPP Solicitor OFFICE OFTHE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RCZ)NNY I:t. ANDERSON Chief Ospufy To: ?omzna~d~r Age, ney Control No. /d~ / - "] / d ~ Address Informatio~ Reques~ PI=~ ~mish ~his agency w(d~ ~= new address, if ava able, for th~ following individual or v~ri~ whether ~ ~ddress given below is on~ at whici~ mail for this individual ks cu~ndy b~ing ddiwr~4. [f~c following address is z post o~ce box, pl~e ~mish the ~m~t address as recorded on the . . .~z-~ d ~forthcpcrfo~nc~efthisag~ncy,s ~' ~ cem~ thc address information for this md~wdua, = r~qmr~d (Sieurs of encv O~oial) FOR POST OFFICE USE ONLY ( ) MAIL I$ DELIVERED TO ADDKESS GIVEN ( ) NOT I~qOWN AT ADDKESS GIVEN ( )MOVED, LEFT'NO FORWAKDFNG ADDRESS ( ) NO SUCH ADDRESS ( ) OTHER iS?SC:FY): Agency Return Address Address Information Requ~t (Required Format) Exhibk 352.44b Pos~mark/Dat. e- Stamp 2526U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Rebgcca J. Smith Defendant Civil Action - In Law No. 01-7103 ARBITRATION PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint in the above-captioned Civil Action for an additional thirty days. DATED: January 29, 2002 Krz~~ Associates BY:~t~ny p. ~-~i 49 ~or[h~fgan Ro~d p.~. Bo2~'505 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - CASE NO: 2001-07103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS SMITH REBECCA J OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SMITH REBECCA J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, serve the within COMPLAINT & NOTICE to On June 25th , 2002 this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 dep York County 61.61 .00 98.61 06/25/2002 So answer~ ~ / / R. THomas Kline ~ Sheriff of Cumberland County KRZYWICKI & ASSOCIATES Sworn and subscribed to before me this ~ day of~A~ A.D. Prothonot a'r~- COUNTY OF ?0RK OFFICE OF THE SHERIFF 2526U2 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLAINTIFF/S/ UGI Utilities Inc. SERVICE CALL (717) 771-9601 2. COURTNUMBER 01-710. 3. DEFENDANT/S/ Rebecca J. Smith 4. TYPE OF WRIT OR COMPLAINT Notice & Cu,Iplaint .... civil re3_ns~;a~:ect SERVE s. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Rebecca J. Smith 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., ClT~, BORO, TWR, STATE AND ZIP CODE AT 107 Old York. New Curaber]~n~. PA 17070 7. INDICATE SERVICE: r~ PERSONAL [] PERSON IN CHARGE [] DEPUTIZE c, ~ ~. ;:;iT MAll r'l 1 ST CLASS MAIL [] POSTED NOW JLLne 6, 2002 X~ I SHERIFF O1~-~''~-''';J' ........ [] OTHER - - __. , ~--t,uuw t L ?q~J]oJ~reoy aeput~ze the sheriff of lark COUNTY to execute tl~[~d~ke r~_tu..rn thJige~ording to law. This deputation being made at the request and risk of the plaintiff. ~ ~ ..,,~.~.~_.~. SHERIFF OF ~ COUNTY 8. Sr~oiAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXEE~i¥iNG SERVICE: Ct_~ber T and OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY. NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for an or removal of any properly before sheriff's sale thereof. 9. TYPE NAM ANTHONY P ,KI 49 CO.. 10. TELEPHONE NUMBER ). PO BOX 505 NEW HOPE,PA '>~K ~K'> ~qon ADDRESS BELOW: (Th s area must b~ ~o"~t~[~ d if notice is to be mailed). 505 new 18938 11. DATE FILED 6-6-02 13. i acknowledge receipt of the writ or complaint as indicated above, SIGNATURE OF AUTHOHiZI=I,~ CLERK R. AHRENS 14. ~)a,t_ell~e c_e(~v~ d , ~...E~pi_r6t~ n/H ea ring Date 16. HOWSERVED: PERSONAL(~ RESIDENCE~') POSTED( ) POE( ) SHERIFF'S OFF ( ) OTHER( ) SEEREMARKR 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 18. NAIls-AND TITLE OF INDIVIDUal. SERVED I LIST &ODRESS HERE IF NOT SHOWN ABOVE Relationship to Defendant) 19. D~e of ~erv ce 20 Time of Se~ice m m.]Mmme. J Int. I~'P [~m, r M.e,~, Int. I~ JTimei Mits, m int. I Date m' ~memMim,,m mntm I Date ~Tlme'Mites Int. Date Time 'Miles n, - 23. Advance Costs 24. Service Costs 27. Postage 28. Sub Total 29. Pound 30. Notao/Fee 75.00 18.00 ~s.N/F ~S.U,enge41.61 59.61 2.00 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notaty Cert. 38. Mileage/Postage/N.F. 41. AFFIRMED and subscribed to before me this 2 0 31. Surcharge 32. Total Costs 33. Cost Due ~ To,al c6oslt:61 O.L t' SRe,u d , Shedff ~IGNATURE OF AUTHORIZED ISSUING AUTHORilN( AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Olffce 4. BLUE - Sheriff's Office 6-20-02 49, Date Date Received COUN~'Y bF YORK OFFICE OF THE SHERI, FF 28 EAST MARKET ST., YORK, PA 17401 2526[32 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN UG£ Uti£i~ies l~c. 2. COURT NUMBER YPE OF WRIT OR COMPLAINT N¢-.t~ce & CcmDla~nt. Rebecca J~ &nith civJ ]  PERS~DNAL [] PERSON IN CHARGE [] DEPUTIZE IL O 1 ST CLASS MAIL [] POSTE. . O. [] OTHE~R Vork COUNTY to execu~~_.~mac,-,-,-,-,-,-,-,-,l~.,,,r,e'ur~,~,Y..~' This deputation being---~-~--~-~-~sde et the request end r,~k~f the plaintiff. ~ /"~s,~,~'~-~o~ "~-ou.,~ -- L INSTRUCTIONS OB OTHER INFORMATION THAT WILL ASSIST iN EXPEDITING SERVICE: ~lJi¥!be r OUi OF CuUNI &DVANiEO FKL PA][) BY ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any loss, des~aCtion, or removal of any property before sheriffs sale thereof, TYPE NAME AND ADOI~-~'-''~ f ATTORNEY/ORIGINATOR and SIGNATURE 110. TELEPHONE NUMBER 11. DATE FILED ANTH(!NY 49 9D. PC,, BOX 5(''~ ...... [iE?; ~pr¥ ·P~" 2!5-8(,2-~39~ " '~ E AND ,~ 0'h~s ~rea must be~.-,..p.~o.-, ~f notle~, is to be~ mailed). !I~u 50~, new ifPS38 acknowledge receipt of the writ or complaint as indicated abeye. R. AHRE, 5 SIGNATURE OF AUTHORIZED CLERK LHOW SERVE[D: PERSONAL~ ) RESIOENCE~ ) POSTED ( ) POE ( ) 14. Date Received 15. Expiration/Hearing Date SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS cerlify and return a NOT FOUND because I am unable to ~ocate the individual, ~ompany, corporation, etc, named above. (See remarks below.) NAME ~d~lD TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) of Service Date [ Time Mites Int~ 24, Service Costs 25. N/F 26, Mileage 27, Postage 28. Sub Total 29. Pound 30. Nota~ Fee 32. Total Costs 33. Cost Due or Refund 75.00 1~.00 ,'11.51 59,~] Foreign County Costs ~ Service Costs 37. Nota~ Cert [ 38. Mileage/Postage/N.F. ~ 40. Cost Due or Refund ANSWER. ~FFIRMED and subscribed to before me this 20 ~~Oeo. Sheriff 2092 ~_1~ 45. Signature of YorK/ . County Shedfl OF A~HORIZED ISSUING AUTHORI~ AND T~ 48. Date 49, Date 1. Date Received 2526U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS C~mberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Rebecca J. Smith 107 Old York Lot #503 New Cumberland, PA 17070 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Rebecca J. Smith Defendant Civil Action - In Law No. 01-7103 ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified~ t~ath a Judgment has been entered against you in the above proceedin~s~_l~ed~ ~ow. ~ _ Curtis R. Long ~ (xx) ( ( ( ( ( ( Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY 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 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Rebecca J. Smith Defendant Civil Action - No. 01-7103 ARBITRATION In Law PP~AECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Util~ m~- Inc. vs. Rebecca J. Smith Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Rebecca J. Smith for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 1605.42 TOTAL $ 1605.42 together with interest thereon from the date of judgment forward and all costs of this action. I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, UGI Utilities Inc., is 225 Morgantown Road, Reading, PA 19612-3009. 2526U2 2. The true and correct address of the Defendant, Rebecca J. Smith, is 107 Old York Lot #503, New Cumberland, Cumberland County, PA 17070. DATED: August 26, 2002 Krzywic~ssociates BY:Antho~ P. ~.~J~_cki 49 N~rth~gan R~ad~ P.o/Bo/- 5 0 5 ~ Ne~H~e, PA 18938 21~..~62-4390 Attorney for Plaintiff Attorney I.D. 23754 28 EAST MARKET ST. YORk. Pa 17401 2526U2 INSTRUCTIONS SHERIFF SERVICE PLEASE TYPE ONLY LINES I TO 12 PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ UGI Utilities Inc. 3. DEFENDANT/S/ Re.ca J. Smith 2. COURT NUMBER 01-7103Q¢~ 4. ~PE OF WRIT OR COMPLAINT Notice & Cu~laint civil reinstate(/ SERVE ~' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO,, CITY, BORe, TWR. STATE AND ZIP CODE 'AT ]07 Old York. New Ctmtberla~d. PA 17070 ~ofz~' ? ,'~/~,~ 7. INDICATE SERVICE: [] PERSONAL n PERSON IN CHARGE [] DEPUTIZE r~, .n~]g~C~EliIT~,IL n 1 ST CLASS MAIL [] POSTED n OTHER NOW June 6, 2002 ' X~ I, SHERIFFOF~'~i~-~C~O-0'~'TY, PA.,.do[,,~-ebydeputizeth..es. heriffof - '~-'-"-- - COUNTY ,o execute .t~'f1'~~rn ,h.h.,,~ording to law. This deputation being made at the request and risk of the plaintiff. '7 '~ ~'~" ~.~:'~."~ SHtiRIFF OF '~ COUNTy 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDtTING SERVICE: C%~nberIand OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY. NOTE ONLY APPUCABLE ON WRIT OF EXECU'r]ON: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in cuatsdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein Ior any loss, destr,~uct~on, or removal of any propeAy before shehffs sale thereoL 9. TYPE NAME AND ADDR~9{ ATFORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER ANTHONY P KRZ KI 49 N. . PO BOX 505 NEW HOPE,PA P/KRZ/~KI 49 N ...~F~--~ lgQgO I 215-862-4390 12' SEND NOTIC~,~M~ F C~ D T'~ ~E AND ADDRESS BELOw: (This area must be ~'°'~r'pt~t~d ft n°tlce is t° be mailed)' CUM R C0..S ERIFF an~oR~'~r~.~;ric~, mb 505, new hope, pa 18938 SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 11. DATE FILED 6-6-02 SIGNATURE OF AUTHORIZED CLERK R. AHRENS t ~....E~p~rst J_~IVH e ~ ti n g Date 16. HOW SERVED: PERSONAL (~ RESIDENCE~ POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. Q I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.} 1*~' ~'~ ~.~{~tB' NAME-AND TITLE OF IN OIVlOU~. ~-'~/~ ~SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) II 1~///.~/~ ID~te el S. erviceI 20./.,d1~/o"Sme of Service 2t. ATTdMPTSI..O~ITImelM,esj I.,. p,~ TIme/M,T~a ,.t.~TIme Miles Int. OataJTIma Miles Int. Date TIme Mites; Int. Date ;Time Miles Int. 22. REMARKS: 26. Mileage 27. Postage 75.00 18-00 41.61 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37, Notary Cart. 38.~ Mileage/Postage/N.F. 41 AFFIRMED and subscribed to before me this 20 J //al{l~q. ~,e.y~'angreen. Notary Public - I ,/ J My M~ COM~,~u. ~,.:~ ~-2-,'~..'~ ' 31. Surcharge 32.61,61Total Costs 33.13,39Cost Due ~ ;V;;;ots, .Fou.d ..o,aryFee .00 39, Totai Costs SO ~,NSWER. 44. Signature of WILLIAM M. H"' OSE 50.1 ACKNOWLEDGE RECEIIST OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORPtY AND TITLE 40. Cost Due or Refund 0-20-02 49. Da e J51. Date Received 1. WHITE-IssuingAuthodty 2. PINK-Attorney 3. CANARY - Sheriff's Office 4. BLUE-SheriffsOffice 2526U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Rebecca J. Smith Defendant Civil Action - No. 01-7103 ARBITRATION In Law NOTICE TO: Rebecca J. Smith 107 Old York Lot #503 New Cumberland, PA 17070 Date: July 15, 2002 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 17013-3387 {717) 249-3166/(800) 990-9108 Krzywicki and Associates ~knt bony P. wicki 49 North Sugan Road P.0. Box 505 New Hope, PA 18938 215-862-4390 Atterney fer Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities Inc. Plaintiff VS. Rebecca J. Smith Defendant(s) Civil Action - In Law No. 01-7103 STATE OF NEW JERSEY COUNTY OF HUNTERDON AFFIDAVIT OF SERVICE SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, served a tree and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first class mail on July 15, 2002. An ny P. PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS ~-~ DAY Notary Public MICHELLE I~ATT NOTARY PUBLIC ~ JERSEY ~lY COMMISSION EXPIRES,JULY 9. 200~LF 2526U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Rebecca J. Smith Defendant Civil Action - In Law No. 01-7103 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Rebecca J. Smith, 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: August 26, 2002 Krzywi~d Associates BY:Anthony P. J~icki 49 N~rth~gan P.O/ BO~/505 k Ne~ Ho~e, PA 189~--~ 21~-8/2-4390 A~t~ney for Plaintiff A~orney I.D. 23754 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION UGI Utilities Inc. Plaintiff ( ) Confessed Judgment (XX) Other VS. Rebecca J. Smith Defendant File No.: 01-7103 Amount Due: $1605.42 Interest: $96.33 Atty's Comm: Costs: $ TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following deScribed property of the defendant(s) All property belonging to Rebecca J. Smith located at 107 Old York Lot #503, New Cumberland PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, o,~t~['~: o': ~ut°ic~ u£ mc ~c~cripm)n; supply ~our copras of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [--] (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ,~~ Date: May 9, 2003 An4ny e. ~cki PO ~Ne~38 -~ Attorney for Plaintiff 215-862-4390 ID No. 23754 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-7103 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UGI UTILITIES, INC., Plaintiff (s) From REBECCA J. SMITH, 107 OLD YORK, LOT #503, NEW CUMBERLAND, PA (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PROPERTY BELONGING TO REBECCA J. SMITH LOCATED AT 107 OLD YORK LOT #503, NEW CUMBERLAND. (2) You are also directed to attach the property o£the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1605.42 Interest $96.33 L.L. $.50 Atty's Comm % Due Prothy Arty Paid $214.66 Other Costs PlaintiffPaid $1.00 Date: MAY 19, 2003 (Seal) REQUESTING PARTY: Name ANTHONY p. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, PA 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ID No. 23754 CURTIS R. LONG Deputy