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HomeMy WebLinkAbout01-71042238U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Tracy L. Felton Defendant Civil Action - In Law ARBITRATION 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 T~LAT 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 TNIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAArNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTM BELOW TO FIND OUT W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 2238U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Tracy L. Felton Defendant Civil Action - In Law No. 0,- '"'07 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, Tracy L. Felton, is an adult individual residing at 430 N. West Street, 2F, Carlisle, PA 17013. COUNT 1 UGI Utilities Inc. vs. Tracy L. Felton 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 Tracy L. Felton. 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. 2238U2 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 $ 2228.65 $ 2228.65 Respectfully submitted, DATED: December 4, 2001 Krzyw~ Associates BY:Ant~5~p. IKrzywicki 49/4~grth S~gan Ro~d Box Z~'ew Hope, PA 18938 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 unswom falsification to authorities. Dated: l~k/lO/ UGI Utilities, Inc. BY: ~l~w4)~-. ~[~1~ Jam~ R. Gallagher (J 2238U2 STATEMENT OF ACCOUNT Tracy L. Felton established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 217-775-1625-68 G 430 N. West Street, 2F Carlisle, PA 17013 / / $2228.65 Total Delinquent Balance: $2228.65 SHERIFF'S RETURN - REGULAR CASE NO: 2001-07104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FELTON TRACY L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FELTON TRACY L the DEFENDANT , at at ONE LINCOLN AVE 2030:00 HOURS, CARLISLE, PA 17013 TRACY FELTON on the 3rd day of January , 2002 by handing to 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 3.25 Affidavit .00 Surcharge 10o00 .00 31.25 Sworn and Subscribed to before me this ~ . day of ~ ~7~ A.D. / /Prothonotary~ · ~ So Answers: R. Thomas Kline 01/04/2002 KRZYWICKI & ASSOC. 2238U2 OFFICE OF T~{E PROT~{ONOTAR¥ COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Tracy L. Felton 430 N. West Street, 2F Carlisle, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Tracy L. Felton Defendant Civil Action - In Law No. 01-7104 ARBITRATION 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. Curtis R. Long Prothonotary XX) 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.2 2238U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Tracy L. Felton Defendant Civil Action - In Law No. 01-7104 ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. Tracy L. Felton Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Tracy L. Felton for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 2228.65 $ 2228.65 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. 2238U2 2. The true and correct address of the Defendant, Tracy L. Felton, is 430 N. West Street, 2F, Carlisle, Cumberland County, PA 17013. DATED: April 9, 2002 Krz~ssociates New Hope, P~ 18938 Attorney for Plai~ Attorney I.D. 23754 SHERIFF ' S RETURN - REGULAR CASE NO: 2001-07104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FELTON TRACY L , Sheriff or.Deputy Sheriff of KENNETH GOSSERT Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FELTON TRACY L the DEFENDANT , at 2030:00 HOURS, on the '3rd day of Januar~z at ONE LINCOLN AVE CARLISLE, PA 17013 by handing to TP~ACY FELTON a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 01/04/2002 s o0. 2238U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Tracy L. Felton Defendant Civil Action - In Law No. 01-7104 ARBITRATION NOTICE TO: Tracy L. Felton 430 N. West Street, 2F Carlisle, PA 17013 Date: March 5, 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 agginst 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 AntHony P. Krzywlcki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 ~S, ~3~TAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER ~_~ Krzywicki & Associates __ P.O. Box 505 New Hope, PA 18938 One !dace of ordinary mail addrmed to: I Affix fe~ here In staml~ ' 2238U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Tracy L. Felton Defendant Civil Action - In Law No. 01-7104 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Tracy L. Felton, 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: April 9, 2002 Krzyw~Associates B~:~ony~icki Attorney for Plai~ff Attorney I.D. 23754 2238U2 In the Court of Common Pleas of Cr3MBERL_~ND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Tracy L. Felton Defendant Civil Action - In Law No. 01-7104 ARBITRATION 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 UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendant, Tracy L. Felton, 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. 2. The defendant, Tracy L. Felton, is more than 18 years of age and currently resides at 430 N. West Street, 2F, Carlisle, PA 17013. 3. I have ascertained the above information by personal investigation and make this affi~ue authority. Sworn to and subscribecl~o~/ ~zywicki meNt hi~~Y~' ~~ otary Public MICHELLE PYA'CI' NoTARy PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9, 2002 TONI R. O'DONNELL : : PLAINTIFF : V. : 01-7054 ROBERT J. O'DONNELL DEFENDANT : IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, June 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the ennciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, July 31, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166