The URL can be used to link to this page

Home My WebLink About01-47751738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law No. 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 enterzng 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 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 importan~ to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT NAVE A I~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CD~N GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law ARB I TRAT I ON 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, Camphill Family Chiropractors, is a Sole Proprietorship doing business and/or residing at 3401 Hartzdale Dr Ste.ll7, Camp Hill, PA 17011. 4. Defendant, Ryan D'Arcy, is an adult individual residing at 3401 Hartzdale Dr Ste.ll7, Camp Hill, PA 1701t. COUNT 1 UGI Utill z~ Inc. vs. Camphill Family Chiropractors and Ryan D'Arcy 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 Camphill Family Chiropractors and Ryan D'Arcy. 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. 1738U2 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: 1738U2 Amount Past Due: Fees: Court Costs: Service Costs: TOTAL $ 1242.85 $ 25O.OO $ 45.50 $ 5o.o0 $ 1588.35 Respectfully submitted, DATED: August 2, 2001 By: Krzywicki and Associates Jknthony~Krzywicki 49 No,ifa ~u~--qoad P.o. 7ox.,,~ffl?__~k~ New ~op~,'[ ~A ~ 215-~6/-4390 . Att~ey ~aintiff 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: (//~t~-- Ja~cgs/R. Gallagher 1738U2 STATEMENT OF ACCOUNT Camphill Family Chiropractors and Ryan D'Arcy established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 214-705-3290-19 G 3401 Hartzdale Drive Camp Hill, PA 17011 / / $1242.85 Total Delinquent Balance: $1242.85 EXHIBIT A 1738U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 ~rtis R. Long Prothonota~ TO: Camphill Family Chiropractors 3401 Hartzdale Dr Ste.ll7 Camp Hill, PA 17011 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law No. 01-4775 ARBITRATION NOTICE Pennsylvania, you are hereby notified the Pursuant to Rule 236 of the Supreme Court of d tha~W~ above proceeding indicat, ed ow. Judgment has been entered against you in the 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 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - No. 01-4775 ARBITRATION In Law PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utill m-~-f~- Inc. vs. Camphill Family Chiropractors Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Camphill Family Chiropractors for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 1242.85 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 50.00 TOTAL $ 1588.35 together with interest thereon from the date of judgment forward and all costs of this action. 1738U2 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. 2. The true and correct address of the Defendant, Camphill Family Chiropractors, is 3401 Hartzdale Dr Ste.ll7, Camp Hill, Cumberland County, PA 17011. DATED: November 21, 2001 Krzywi~ssoci~s 49 ~6~'h Su9%~r~Road P. / ox 505 NeW Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 SHERIFF' S RETI/RN - REGUI2tR CASE NO: 2001-04775 P COMMONWEALTH OF PENNSYLVAIqIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS CAMPHILL FAMILY CHIROPRACTORS CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAMP HILL FAMILY CHIROPRACTORS the DEFEND~kNT , at 3401 FLARTZDALE DR CAMP HILL, PA 17011 at 0015:00 HOURS, on the 15th day of August STE 117 by handing to DR. PATRICK BARBATO a true and attested copy of COMPLAINT & NOTICE IN ARBITP_ATION , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 08/22/2001 KRZYWICKI & ASSOCIATES 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law No. 01-4775 ARBITP~ATION NOTICE TO: Camphill Family Chiropractors 3401 Hartzdale Dr Ste.ll7 Camp Hill, PA 17011 Date: October 6, 2001 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 P Anthony 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 Civil Action - In Law VS. Camphill Family Chiropractors Ryan D'Amy Defendant(s) No. 014775 STATE OF NEW JERSEY COUNTY OF HUNTERDON AFFIDAVIT OF SERVICE SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first class mail on Octo~r6,2~l. P. O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFORE ME THIS 2 / DAY OF , . MICHE~E ~A~ NOTARY ~BL~ ~ ~ ~Y COMMISSION EXPIRES JULY 1738U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action - In Law No. 01-4775 ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Camphill Family Chiropractors, 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: November 21, 2001 Krzywi~ Associates B Y :An th o/y/~r z ywicki 49 ~6~h Sug~D R~d P..~/Box 505 Ne~ Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 1738U2 In the Court of Common Pleas of CUMBERL/MND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Camphill Family Chiropractors Defendant Ryan D'Arcy Defendant Civil Action No. 01-4775 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, C~mphil! Family Chiropractors, 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, camphill Family Chiropractors, is more than 18 years of age and currently resides at 3401 Hartzdale Dr Ste.ll7, Camp Hill, PA 17011. 3. I have ascertained the above information by personal investigation and make this affidavit with due authority. Antny/~P.~Krzywicki MICHELLE PYATT NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JULY 9, 2002