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Home My WebLink About01-71072584U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Lemoyne Auto Service Defendant Stan Deimler Defendant Civil Action - No. q to 7 ARBITRATION COMPLAINT In Law 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 TM-AT 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 I~WYER 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 2584U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Lemoyne Auto Service Defendant Stan Deimler Defendant Civil Action - In Law No. Or- 'O7 n ARBITRATION COMPLAINT 1. This is an action by Plaintiff, UGI Utilities Inc. to recover damages from Defendants arising out of a debt Defendants owe 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, Lemoyne Auto Service, is a Unincorporated Association doing business at 2236 Old Gettysburg Road, Camp Hill, PA 17011. 4. Defendant, Stan Deimler, is an adult individual residing at 2236 Old Gettysburg Road, Camp Hill, PA 17011. COUNT 1 UGI Utilities Inc. vs. Lemoyne Auto Service and Stan Deimler 5. 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. 6. Plaintiff supplied utility service to Lemoyne Auto Service and Stan Deimler. 7. At the present time, Defendants account is in default and have 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. 2584U2 8. The utility service which was provided by the Plaintiff to the Defendants aforesaid, was received, accepted, and utilized for the benefit of said Defendants. Each in ordering and accepting service was acting individually and as agent for one another 9. Defendants are in default of their obligation, having failed to make the payments as they became due. 10. Plaintiff made demand on Defendants to repay the sums then due and owing to Plaintiff, but Defendants have refused and continue to refuse to pay Plaintiff. 11. Despite demands upon Defendants for payment by the Plaintiff, Defendants have failed and refused to pay Plaintiff the balance due and owing on said account(s). 12. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendants to the Plaintiff the following sums for which Plaintiff demands judgment, jointly and severally, against the Defendants: 2584U2 Amount Past Due: Fees: TOTAL 2047.12 50o.oo 2547.12 Respectfully submitted, DATED: December 4, 2001 Krzywi~ Associates BY:Antho~P.,;K~z'~icki P.O/ B~ 5o5 ~ N~pe, PA 18938 2~3'~-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 tree and correct to the best of my knowledge, infmmation 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 from 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. Jam~ R. Gallagher 2584U2 STATEMENT OF ACCOUNT Lemoyne Auto Service and Stan Deimler established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 215-190-4120-32 G 2236 Gettyburg Road Camp Hill, PA 17011 / / $2047.12 Total Delinquent Balance: $2047.12 EXHIBIT A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plantiff VS. Civil Action - In Law No. 01 71o? Lemoyne Auto Service Defendant Start Deimler Defendant ARBITRATION ,~coc~ -- Defence 1. The utility service provided by UOI was not properly read. There meter and, or, billing was incorrect due to the mixing their billing with somebody else. 2. After talking to UGI about billing and Lemoyne Auto Service not using the gas, we asked UGI to mm the gas off. At the same time Lemoyne Auto continued to receive bills. 3. Lemoyne Auto only used UGI Gas for heat. But, UGI continued to bill for several months. Not properly billed. / -7-02. SHERIFF'S RETURN - REGULAR CASE NO: 2001-07107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS LEMOYNE AUTO SERVICES ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon LEMOYNE AUTO SERVICE the DEFENDANT at 2236 OLD GETTYSBURG ROAD , at 1557:00 HOURS, on the 26th day of December , 2001 CAMP HILL, PA 17011 STAN DEIMLER, OWNER 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 Service Affidavit Surcharge 18 00 9 10 00 10 00 00 37 10 Sworn and Subscribed to before me this [~ day of h~2m~ 2-~ A.D. onot~ I ~ So Answers: R. Thomas Kline 12/27/2001 KRZYWICKI & ASSOC. By: Deputy Sheriff - REGULAR · ~ SHERIFF'S RETURN CASE NO: 2001-07107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS LEMOYNE AUTO SERVICES ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEIMLER STAN the DEFENDANT , at 1557:00 HOURS, at 2236 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 STAN DEIMLER on the 26th day of December , 2001 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this [~ day of 'P~rothonotary ' ' ~ 12/27/2001 KRZYWICKI & ASSOC. · -- ~Deputy Sheriff UGI Utilities Inc. Plaintiff VS. Lemoyne Auto Service Stan Deimler Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7107 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS. TO THE HONORABLE, THE JUDGES OF SAID COURT: Anthony P. Krzs~vicki , counsel for the plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2547.12 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorab~to appoint three (3) arbitrators to whom the case shall be submitted. ~' ORDER OF COURT ANDNOW, ,~~ ~ . ,2002, inconsiderafion~thef,~regoi_~/g petition, (~~'~',t~,~-~ ,Esq., ~/2z_~-~e-,f~"~~sq',and ._,/~~ ,~~_~, Esq., are appointed arbihffators in the above-captioned action (or actions) as prayed fo~. ~NVA'IA~NN'jd {J ~ ~ U'fi l', ~n' ¢ ~ .T-~ . ) In The Court of Cordon Pleas of ~! , C,"~erland County, Penns~vlvania ) 01, ,q.l~q C~;l:' - ) .~o. ~ )~ ) OATH We do sol--.~ly swear (or affirm) that we will support, obey and defend =he Constitu:ion of the United States and the C. Ons=i~ of t~ls Co~on- / ~ ~ ~i~ We, the undersigned arbitrators, 'havin~ been duly appointed and sworn (or affirmed), make the follow&rig award: (Note: If dm-ages for dela7 are awar4ed, =hey shall be separa=~ stated.) / applicable.) Date of Hearing: Date of Award: Arbitrators' com..erisa=ion to be paid upon appeal: · Arbitrator, dissents. (Insert name if award was entered upon the docket and notice thereof Eiven by mail to the __ l:'.r~no tary Depu/:y LA W KR~¥WICK! dk A,S$OCIA' Dud' TI~ I~ter wUI cO~Fd'm O~r aimel1~lI of lo )' I 20~' &q~, cit.,. ..... -~..,---; .... wi'Il or. UO[ f. lliliUel If'~, WU] riO( equine ~,n t~, i.,a.'--~ ~ .... m~mm~ to mm ~J'~J~ftl ~ I~ ~ ir~ -.~ ,,- J-.-~..-.- ~ ,m~l~ ms y,~ Mf~,gy e~mMJ~l wigs th~ fafiowmS terms: I. $i8~ Od~ L,e~t Of Alfe~umm and re:v,~ tl~m 10 tl,,e wtO~*n iI~ rmx~ ten 4'10) (bye. 3'be t(xaJ amoum m be pnid ~r this limemmt il $1 .SGO.O0, ~m~ ~ ~o~ ~ you a~ ~o~ blol~t. ~le Jxq',Jose Of cO]leCtifl~ h dCiX. Unit# ~u ratify ~ w;thlft Iklrly (30) dl~yl mil ~ dhil~te t~i deb( or my po~km, f ~ ~.. iA at It is valid. A copy of thb, s~emnem ~s eflcJoted tot your persmMI fib. 1'naflk y0~ for your' .t'~. r~iorp in d~is KRZYWICKI & ASSOCIATES Anthony ?. Krzywicki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754/26852 UGI Utilities Inc. Plaintiff VS. Lemoyne Auto Services Defendant(s) Stan Deimler Defendant(s) Court of Common Pleas Cumberland County Civil Action No. 01-7107-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued, and ended, for the defendants upon payment of your costs only. DATED: April 11, 2003 BY: KRZYWICKI & ASSOCIATES Attorney for Plaintiff