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HomeMy WebLinkAbout01-1588In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc, Plaintiff Nick Foster Nick Foster Company Defendants Civil Action - In No. O, 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 WAP~NED THAT IF YOU FAIL TO DO SO TEE CASE 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 HAVE A LAWYER OR CA/FNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~HERE YOU C~ GET LEG~L HELP. Cumberland 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 Nick Foster Nick Foster Company Defendants Civil Action - In Law No. al- /~'~£ dL~cf-7~ 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. De~endant, Nick Foster, is an adult individual residing at 1397 Letchworth, Camp Hill, PA 17011. 4. Defendant, Nick Foster Company, is an unincorporated association conducting business at 1397 Letchworth, Camp Hill, 17011. PA the business of producing, utility service to persons service in accordance with COUNT 1 UGI Utilities Inc. vs. Nick Foster and Nick Foster Company At all times relevant hereto, plaintiff was engaged in furnishing, supplying and distributing and businesses who requested utility 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 May 5, 1999 at 412 Amherst Way, Harrisburg, 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 plus costs and attorneys fees. in the amount of $475.33 WHEREFORE, there is now due and owing from the defendant to the plaintiff the following sums: Amount Past Due: $ 475.33 Attorney Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $ 870.83 DATED: March 15, 2001 By: Respectfully submitted, Krzywicki and Associates h~ony P. Krzywicki 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 ,orrect to the best of my M~owledge, 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. JamL~ R. Gallagher SHERIFF'S RETURN - CAS~ NO: 2001-01588 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK ET AL REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon FOSTER NICK DEFENDANT , at 0010:20 HOURS, at 1397 LETCHWORTH CAMP HILL, PA 17011 ZELDA BOWERS (MOTHER- on the 22nd day of March by handing to BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE IN ~kRBITRATION law, the 2001 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 ,27- day of ~ ,:2.~-~ / A.D. ~t hon;t ary / ~'f~'' R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES By: SHERIFF'S RETURN CA~E NO: 2001-01588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS FOSTER NICK ET AL - REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NICK FOSTER COMPANY DEFEND~NT , at 0010:20 at 1397 LETCHWORTH CAMP HILL, PA 17011 ZELDA BOWERS (MOTHER- a true and attested copy of IN ARBITRATION HOURS, on the 22nd day of March by handing to BOOKKEEPER FOR COMPANY) COMPLAINT & NOTICE the , 2001 together with and at the same time directing Her 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 29~ day of ~ ,2~o / A.D. So Answers: R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES By: jp~put y Sheriff UGI UTILITIES, INC., Plaintiff V. NICK FOSTER, NICK FOSTER COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 18~h day of June, 2001, upon agreement of the parties, the argument previously scheduled in the above-captioned matter for June 18, 2001, is rescheduled to Friday, August 24, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 6350 Lyters Lane Harrisburg, PA 17111 Defendants, Pro Se :rc UGI UTILITIES, INC., Plaintiff NICK FOSTER, NICK FOSTER COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2001, upon consideration of the Praecipe for Judgment against Defendant for Failure To Plead filed by Plaintiff on May 14, 2001, and it appearing that the notices of intent to enter a default judgment were filed at a time when preliminary objections filed by Defendants in the form of a Petition for Change of Venue were pending, the default judgment is stricken. THE ORDER OF COURT dated on April 25, 2001, shall remain in full force and effect. Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Defendants, Pro Se BY THE COURT, J~sley (51 .~_~h~., t/~._ UGI UTILITIES, INC., Plaintiff NICK FOSTER, NICK FOSTER COMPANY, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1588 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of April, 2001, upon consideration of Defendants' Petition for Change of Venue, it is ordered that: I. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, June 18, 2001, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, J~VesleyOler, Jr,,,,,~ J. ~ ~jO~.~b!2\~ ~ Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Defendants, Pro Se :rc In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities, Inc. Plaintiff Vs. Nick Foster Nick Foster Company Defendants Civil Action - In Law No .01-1588 Civil Term Arbitration ORDER And Now this day of ,2001, the petition for Change of Venue to Dauphin County filed by the Defendant, NICK FOSTER, is hereby GRANTED. The Prothonotary of Cumberland County is hereby directed to forward to the Prothonotary of Dauphin County Certified copies of the docket entries, process, pleadings, and all other papers filed in the action. Costs and fees for transfer and removal of the record are to be paid for by the Defendant. BY THE COURT Jo In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities, Inc. Plaintiff Vs. Nick Foster Nick Foster Company Defendants Civil Action - In Law No .01-1588 Civil Term Arbitration Petition for Change of 'Venue This incident took place in Lower Paxton Township, Dauhpin County. I live in Lower Paxton Township, Dauphin County. I am requesting a Change of Venue to the Court of Common Pleas of Dauphin County. Date/O / Respectfully Submitted, Nick Foster OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cu~%berland CouDty Courthouse * Carlisle, PA 17013 Lawrence E. Welk~r Prothonotary TO: Nick Foster 1397 Letchworth Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs No. 01-1588 CV Nick Foster Defendant ARBITP~ATION Nick Foster Company Defendant NOTICE ~h~rsuamt to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a La~=~= E. Welk~z 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 ~NY 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 800-296-2103 Attorney I.D. No.23754 1352UP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 ~wrence E. Welker Prothonota~ TO: Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs Nick Foster Defendant Nick Foster Company Defendant Civil Action - No. 01-1588 CV ARBITP. ATION In Law 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 ~ · Lawrcnoc E. Wclk~ 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 800-296-2103 Attorney I.D. No.23754 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action In Law vs No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utill l~-~-s Inc. vs. Nick Foster and Nick Foster Company Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendants, Nick Foster and Nick Foster Company jointly and severally for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 475.33 Fees: $ 250.00 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $ 870.83 together with interest thereon from the date of judgment forward and all costs of this action~ 1352UP 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, Nick Foster, is 1397 Letchworth, Camp Hill, Cumberland County, PA 17011. 3. The true and correct address of the Defendant, Nick Foster Company, is 1397 Letchworth, Camp Hill, Cumberland County, PA 17011. DATED: May 10, 2001 Krzywick~nd Associates Ant yw~i~-i~x 49/Nort~/Sugan'-Road ~ 505 Ne~l~ope, PA 18938 800-296-2103 AtZorney for Plaintiff AtZorney I.D. 23754 SHERIFF'S RETURN - REGULJ~R CASE NO: 2001-01588 P COHMON~EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES VS FOSTER NICK ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FOSTER NICK DEFENDANT at 0010:20 HOURS, at 1397 LETCHWORTH CAMP HILL, PA 17011 ZELDA BOWERS (MOTHER- on the 22nd day of March by handing to BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE IN ARBITRATION the 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 9 Affidavit Surcharge 10 37 00 3O 00 00 00 3O Sworn and Subscribed to before me this day of A.D. R. Thomas Kline 03/23/2001 KRZYWICKI & ASSOCIATES By: Prothonotary SHERIFF'S RETURN CASE NO: 2001-01588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES IRC VS FOSTER NICK ET AL REGULAR JASON VIOP~AL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon NICK FOSTER COMPANY DEFENDANT , at 0010:20 HOURS, at 1397 LETCHWORTH CAMP HILL, PA 17011 ZELDA BOWERS (MOTHER- on ~he 22nd day of March by handing to BOOKKEEPER FOR COMPANY) a true and attested copy of COMPLAINT & NOTICE IN ARBITRATION the , 2001 together with and at the same time directing Her attention to the contenZs thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 03/23/2001 m ZYWICKI ASSOCIATES By: .D~puty Sheriff Pro~honotary 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs Civil Action In Law No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant ARBITRATION NOTICE TO: Nick Foster 1397 Letchworth Camp Hill, PA 17011 Date: April 30, 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 TAXE 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 /Mnt bony P. ywic~i 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs Civil Action - In Law No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant ARBITRATION NOTICE TO: Nick Foster Company 1397 Letchworth Camp Hill, PA 17011 Date: April 30, 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 By: ~rzywicki Anthony P. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 U.S. POSTAL SERVICE CERTIFICATE OF MAILING J Affix flleherein~tamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE~--POSTMASTER t~ire of - K~ckl & Associates 7/ %T ~ ~ ~ J P.O, ~oxso5 · ~ ~ ;: ~,t New Hope, PA ~8938 ~ -' ~ _ 1~ -~'.,~?, PS Form 3817. Mar. lS89 ~--~;~ K~zywioki & Associates - ~ ~:''' P.O. Box 505 New Hope, PA 18938 /~ 17o// PS Form 3817, Mar. 1989 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff VS Nick Foster Defendant Nick Foster Company Defendant Civil Action In Law No. 01-1588 CV ARBITRATION The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendants, Nick Foster and Nick Foster Company, in this matter was mailed to the defendants 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 those notices are attached hereto and made a part of this certification. DATED: May 10, 2001 Krzyw~d Associates BY:Anthony P._ Krzywicki 49/Nor~an-Roa~ Attorney for Plaintiff Attorney I.D. 23754 1352UP In the Court of Common Pleas of Cumberland County, Pennsylvania Utilities Inc. Plaintiff Civil Action - In Law vs No. 01-1588 CV Nick Foster Defendant Nick Foster Company Defendant ARBITP~ATION 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 defendants, Nick Foster and Nick Foster Company, are 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, Nick Foster, is more than 18 years of age and currently resides at 1397 Letchworth, Camp Hill, PA 17011. 3. The defendant, Nick Foster Company, is more than 18 years of age and currently resides at 1397 Letchworth, Camp Hill, PA 17011. 4. I have ascertained the above information by personal investigation and make this affidavit with due authority. ~ny-~rZ~ cki Sworn to and subscribed before MICHELLE i=¥A TT NOTARy PUBLIC ~ NEW JERSEy My CO~IMI~ION EXPIRES JULY 9, 2002 FUNCTION TX TX RESULT REPORT PRINT DATE = MAY, 29. 20011 PRINT TIME ~ 0I:56 MODE RESULT STD ECM OK UGI UTILITIES, INC., : Plaintiff : V. : NICK FOSTER, : NICK FOSTER : COMPANY, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1588 CIVIL TERM IN RE: DEFENDANTS' PETITION FOR CHANGE OF VENLVE BEFORE OLER, J. ORDER OF COURT AND NOW, this 24th day of August, 2001, upon consideration of Defendants' Petition for Change of Venue, and following oral argument held on this date at which Nick Foster appeared but no appearance was made on behalf of Plaintiff, and it appearing also that no answer to the petition was filed by Plaintiff as directed by the Rule issued on April 25, 2001, the petition for change of venue is granted and the case is transferred to the Court of Common Pleas of Danphin County. PLAINTIFF shall coordinate the transfer through the prothonotaries of Cumberland and Dauphin Counties and be responsible for payment of any fees charged by Dauphin County in connection with the transfer. BY THE COURT, .:. ~ ..:.~/~e~l'e~Oler, J.~.~ J.' c/'{/ · Anthony Krzywicki, Esq. Box 505 427 Chestnut Street Suite 1008 New Hope, PA 18938 Attorney for Plaintiff Nick Foster Nick Foster Company 6350 Lyters Lane Harrisburg, PA 17111 Defendants, Pro Se ~rc Curtis R. Long Prothono[ary Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ~uml~erlanl~ ~,untp Court of Common Pleas Cumberland County, Pennsylvania Docket o. 0t'-i58 cw, I Please acknowledge receipt of thi.~ case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: lO'd- 0 { Date: ~ a ~(si~'~title) Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary &ffite af t!~e ~rat~)anotarp John E. Slike Solicitor Court of Common Pleas Cumberland County, Pennsylvania DocketNo. 0/-/$~' c',4,[ Please acknowledge receipt of this ease by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: Date: (signature & title)