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HomeMy WebLinkAbout01-71062419U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS John A. Baer 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 W~qNED THAT IF YOU FAIL TO DO SO THE C~E 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 }{AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA/~ GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-910 2419U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John A. Baer Defendant Civil Action - In Law No. 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, John A. Baer, is an adult individual residing at 18 Plainview Road, Camp Hill, PA 17011. COUNT 1 UGI Utilities Inc. vs. John A. Baer 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 John A. Baer. 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. 2419U2 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 $ 1318.10 $ 1318.10 Respectfully submitted, DATED: December 4, 2001 Krzywicki and Associates BY:Ant on~~. Krzy~icki 4~/~t~ Sugan Road A-'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. BY: ~, ~. ~R~J~ Jame¥ R. Gallagher 2419U2 STATEMENT OF ACCOUNT John A. Baer established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 219-723-1048-57 18 Plainview Road Camp Hill, PA 17011 G / / $1318.10 Total Delinquent Balance: $1318.10 EXHIBIT A SHERIFF'S RETURN - CASE NO: 2001-07106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS BAER JOHN A REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon BAER JOHN A the DEFENDANT at 18 PLAINVIEW ROAD , at 1930:00 HOURS, on the 26th day of December , 2001 CAMP HILL, PA 17011 JOHN BAER by handing to 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 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this [~ day of ~ ~26V7 ~ A.D. I IProthonotary So Answers: R. Thomas Kline 12/27/2001 KRZYWICKI & ASSOC //Deputy Sheriff 2419U2 Curtis R. Long Prothonotary TO: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 John A. Baer 18 Plainview Road Camp Mill, PA 17011 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS John Ao Baer Defendant Civil Action - In Law No. 01-7106 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.23754 2419U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John A. Baer Defendant Civil Action - No. 01-7106 ARBITRATION In Law PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. John A. Baer Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, John A. Baer for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: TOTAL $ 1318.10 $ 1318.10 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. 2419U2 2. The true and correct address of the Defendant, John A. Baer, is 18 Plainview Road, Camp Hill, Cumberland County, PA 17011. DATED: March 5, 2002 Krzyw~ Associates By: ~ AnthOny P./-Kr~ywicki 49 ~orth/Sug~ Road~.~ P.% Bo/ 505/ ~ Ne~ H~e, P~(~1~938 2 -/62-4390-- At~e~rney for Plaintiff Attorney I.D. 23754 SHERIFF'S RETURN - REGULAR CA~E NO: 2001-07106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS BAER JOHN A DOUGLAS DONSEN Cumberland County, Pennsylvania, who being duly sworn according to law, , Sheriff or Deputy Sheriff of was served upon says, the within COMPLAINT & NOTICE BAER JOHN A the DEFENDANT , at 1930:00 HOURS, on the 26th day of December , 2001 at 18 PLAINVIEW ROAD CA~4P HILL, PA 17011 by handing to JOHN BAER 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 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 12/27/2001 KRZYWICKI & ASSOC 2419U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John A. Baer Defendant Civil Action - In Law No. 01-7106 ARBITRATION NOTICE TO: John A. Baer 18 Plainview Road Camp Hill, PA 17011 Date: January 25, 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 BY:Anthon~.Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John A. Baer Defendant Civil Action - In Law No. 01-7106 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, John A. Baer, 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 5, 2002 Krzywic~ssociates BY:Antho~ P. ~-~cki ~ 49 N~rth ~fgan R~ad~ P.O/Bo ,' os v Ne~ H~;p'e, PA 18938 215"~62-4390 Attorney for Plaintiff Attorney I.D. 23754 2419U2 In the Court of Common Pleas of CUMBERI.d~ID County, Pennsylvania UGI Utilities Inc. Plaintiff vs John A. Baer Defendant Civil Action - No. 01-7106 ARBITRATION 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 UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendant, John A. Baer, 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, John A. Baer, is more than 18 years of age and currently resides at 18 Plainview Road, Camp Hill, PA 17011. 3. I have ascertained the above informa~on by personal investigation and make this affidavit wit~Jauthority. /< Sworn to/and s~b~ribe~ore Ant~~~ me th' 5 a f Ma 2· Not~aryvPublic ' / MICHELLE PY'ATT NOTARY PUBUC ©~ ~'~W JERSEY MY COMMISSI©~, ~ ~ ~ ~ ..~_~ JULY 9, 2002