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Home My WebLink About01-08231184U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Classic Rags Defendant Martin H. Marietta Defendant Joseph Paul George Defendant Civil Action ARBITRATION In Law COMPLAINT NOTICE You have bee~ sued in court. If you wish to defend against the claims set forth im the following pages, you must take action within Ewenty(20) days after this complaint amd notice are served, by entering a written appearance personally or by attorney and filing in writing with ~hs court your defenses or objections to the claims set forth against you. You are WARNED T~L~T IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOL~ 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 rec~ested by the plaintiff. You may lose ~o~ey or property or o~her rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT }{AVE A LAWYER OR C~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YON Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 1184U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI utilities Inc. Plaintiff vs Classic Rags Defendant Martin H. Marietta Defendant Joseph Paul George Defendant Civil Action - In Law No. 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, Classic Rags, is a Sole Proprietorship doing business and/or residing at 4314 Chestnut Street, Camp Hill, PA 17011. 4. Defendant, Martin H. Marietta, is an adult individual residing at 4314 Chestnut Street, Camp Hill, PA 17011. 5. Defendant, Joseph Paul George, is an adult individual residing at 4314 Chestnut Street, Camp Hill, PA 17011. COUNT 1 UGI Utill ~-i~ Inc. vs. Classic Rags and Martin H. Marietta and Joseph Paul George 6. 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. 7. Plaintiff supplied utility service to Classic Rags and Martin H. Marietta and Joseph Paul George. 1184U2 8. 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. 9. 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 10. Defendants are in default of their obligation, having failed to make the payments as they became due. 11. 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. 12. 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). 13. Defendant has been unjustly enriched by accepting service without full payment. 1184U2 WHEREFORE, there is now due the Plaintiff the following sums judgment, jointly and severally, and owing from the Defendants to for which Plaintiff demands against the Defendants: Amount Past Due: Court Costs: Service Costs: TOTAL $ 1413,62 $ 45.50 $ 100.00 $ 1559.12 Respectfully submitted, DATED: December 11, 2000 Krzywicki and Associates BY:Ang only ~. Krzywicki Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Cynthia E. Coffin, 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 m~d 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. UGI Utilities, Inc. Dated: 1184U2 STATEMENT OF ACCOUNT Classic Rags, Martin ~. Marietta and Joseph Paul George established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 208-764-1020-07 200 S. Pitt Street Carlisle, PA 17013 G / / $1413.62 Total Delinquent Balance: $1413.62 EXHIBIT A SHERIFF'S RETURN - CASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC RAGS ET AL REGULAR JASON VIORAL Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 15th day of February by handing to together with says, the within COMPLAINT & NOTICE CLASSIC RAGS DEFENDAlgT at 0020:00 HOURS, on the at 4314 CHESTNUT STREET CAMP HILL, PA 17011 WILLIAM MARIETTA (FATHER) a true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.130 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ~z~-~ day of ~c~ ~l~/ A.D. P~othonotary t So Answers: 03/01/2001 KRZYWICKI & ASSOCIATES By: ~ shoe~ SHERIFF'S RETURN - REGULAR EASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC P~AGS ET AL JASON VIOP~AL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon MARIETTA MARTIN H DEFENDANT at 0020:00 HOURS, at 4314 CHESTNUT STREET CAMP HILL, PA 17011 WILLIAM MARIETTA (FATHER) a true and aKtested copy of COMPLAINT & NOTICE ~he on the 15th day of February by handing to together with law, , 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~ day of ~ ~i~ / A.D. onotary ' ~ So Answers: R. Thomas Kline 03/01/2001 KRZYWICKI & ASSOCIATES By: SHERIPF'S CASE NO: 2001-00823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS CLASSIC P~AGS ET AL RETURN - REGULAR SHAWN HARRISON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE GEORGE JOSEPH PAUL DEFENDANT at 0018:09 HOURS, at 150 S PITT ST CARLISLE, PA 17013 BARRIEANN GEORGE (WIFE) a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 28th day of February together with by handing to 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 25.30 Sworn and Subscribed to before me this 2~-~q~ day of Prdt ~fonot ary -- R. Thomas Kline 03/01/2001 KRZYWICKIBy: & A~ / Deput UGI UTILITIES, INC., Plaintiff V. CLASSIC RAGS MARTIN H. MARIETTA JOSEPH PAUL GEORGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-823 Civil Term .M~BITRATION TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Keefer Wood Allen & Rahal, LLP, by and through Brenda L. Gacki, Esquire, on behalf of defendant Joseph Paul George only in the above matter. Dated: March 6, 2001 Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP BRENDA L. GACKI Attorney I.D. #75912 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8037 Attorneys for Defendant, Joseph Paul George CERTIFICATE OF SERVICE I, Brenda L. Gacki, Esquire, one of the attorneys for defendant Joseph Paul George, hereby certify that I have served the foregoing paper upon counsel and/or parties of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Anthony P. Krzywicki, Esquire Krzywicki & Associates P.O. Box 505 49 North Sugan Road New Hope, PA 18938 Attorney for Plaintiff Classic Rags 4314 Chestnut Street Camp Hill, PA 17011 Martin H. Marietta 4314 Chestnut Street Camp Hill, PA 17011 Dated: March 6, 2001 KEEFER WOOD ALLEN & RAHAL, LLP Brenda L. Gacki KRZYWICKI & ASSOCIATES Anthony P. 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. Classic Rags Martin H. Marietta Joseph Paul George Defendant Court of Common Pleas Cumberland County Civil Action No. 01-823 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. KRZYWICKI & ASSOCIATES DATED: March 15, 2001 BY: h~o nj~ Kr zywic~i~