HomeMy WebLinkAbout01-1005In the Court of Common Pleas of Cumberland County, Pennsylvania
UGI Utilities Inc.
Plaintiff
VS.
Atlas Investors
Defendants
Civil Action -
No. OI- / X3E
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 W~LRNED THAT IF YOU FAIL TO DO SO THE CASE
PROCEED WITHOIKf 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 SHOUTED TAKE THIS PAPER TO YOUR LAWYER 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 C~%N GET LEG~-L HELP.
Cunfoerland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
(717) 249-3166/(800) 990-9108
In the Court of Common Pleas of Cumberland County, Pennsylvania
UGI Utilities Inc.
Plaintiff
vs.
Atlas Investors
Defendants
Civil Action In Law
(5_ z
ARBITRATION
COMPLAINT
1. This is an action by plaintiff, UGI Utilities Inc. to
recover damages from defendant arising out of damage to property
owned by UGI Utilities Inc..
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
17602.
3. Defendant, Atlas Investors, is a Pennsylvania
corporation conductinG business at 1036 DoGwood Lane, Enola,
17025.
PA
COUNT 1
UGI Utilities Inc. vs.
Atlas Investors
4. At all times 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. Defendant did not comply with the Underground Utility
Line Protection Law, Act 187 of 1996.
6. Defendant performed excavation work on June 29, 2000 at
305 Hummel Avenue, Lemoyne, PA.
7. Defendant did not request to identify the location of
underground pipes through the Call One System.
8. Defendant did not exercise due care and did not take
all reasonable steps to avoid damage or injury to property owned
by UGI Utilities Inc..
9. Defendant damaged a utility line owned by plaintiff.
10. 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.
11. Plaintiff has been damaged in the amount of $811.67
plus costs and attorneys fees.
WHEREFORE, there is now due and owing from the defendant to
the plaintiff the following sums:
Amount Past Due: $ 811.67
Attorney Fees: $ 250.00
Court Costs: $ 45.50
Service Costs: ~
TOTAL $ 1207.17
Count II
Punitive Dama es
12. Plaintiff incorporates the allegations of paragraphs 1
through 11 as if fully set forth herein.
13. Plaintiff,s conduct showed a reckless disregard for the
consequences of his actions and for the safety of others.
14. Plaintiff,s conduct created an unreasonable risk of physical
harm.
WHEREFORE, Plaintiff demands Punitive Damages in the amount
of $10,000 plus attorneys fees and costs.
DATED: February 14, 2001
By:
Respectfully submitted,
Krzywicki and Associates
lothony P.,--~rzywicki
B 50~5~, New, Hope, PA 18938
5-
~4~[Plainti~
Attorney i.D.~_7~'~
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
o£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.
UGI Utilities, Inc.
Dated:
ynthia.E. Coffin
SiHERIFF'S
CASE NO: 2001-01005 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
UGI UTILITIES INC
VS
ATLAs INVESTORS
RETURN - REGULAR
SHAWN HARRISON
__, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ATLAS INVESTORS
the
DEFENDANT at 0012:06 HOURS, on the 23rd day of February , 2001
at 1036 DOGWOOD IJ~NE
ENOLA, PA 17025
PAT SOLA (SECRETARY)
by handing to
a true and attested copy of COMPLAINT & NOTICE
IN ARBITRATION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service
9.30
Affidavit .00
Surcharge 10.00
.00
-- 37.30-
Sworn and Subscribed to before
me this ~-~
day of
A.D.
~ro~onotary
So Answers:
R. Thomas [~lin~
02/26/2001
KRZYWICKI & ASSO(
By: ~p
KRZ!&VICKI & 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
Court of Common Pleas
Cumberland County
Civil Action No.
Atlas Investors
Defendant
01-1005
PP-A~CIPH TO SHTTLH, DISCONTINUH AND EN~
TO THE PROTHONOTARY:
Kindly mark this matter settled, discontinued, and ended, for
the defendants upon payment of your costs only.
DATED: March 29, 2001
BY:
KRZYWICKI & ASSOCIATES