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HomeMy WebLinkAbout01-2238COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME eno ADDRESS F-UGI UTILITIES, INC. 225 MORG~'~I-~Of,'T[~' ~D. ~OING, PA 19612'3009 ~'"~ 104 S. sPO~TING' HILL ~. ~ ~;:~ ~.~ ~.~ DEFENoANT: NAMEanOAODRESS ~,~p~,~: 717) 7~1~8230~ ~17050 ::'C~E~, DAVID M COUNTY OF: COH~ERL3~ID Mag, Dist. NO.: 09-3-0~ THOMAB A. PLACEY ATToRNEy FOR PLAINTIFF : ' ANTHONY P. KRZYWICKI, 49 N. BUGAN RD. P.O. BOX 505 NEW HOPE, PA 18938 230 HERMAN AFE. LEMOn, PA 17043 Docket No.: CV- 0000548- 00 Date F ed: 12/21/00 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~q Judgment was entered against: (Name) DEFAULT GUDG~ PLTF KI~r,~R, DAVTD M in the amount of $ I, 1 ~.. ~l"/ on: (Date of Judgment) [--~ Defendants are Jointly and severally liable. ~ Damages will be assessed on: ~ This case dismissed without prejudice: ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~-~ Levy is stayed for days or [] generally stayed. ['~ Objection to levy has been filed and hearing will be held: Date: Place: (Date & Time) Amount of Judgment $ 1,078.57 Judgment Costs $ 74.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,153.07 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDG~/I..E~.'I' BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PL~',~IL DIV,~"~I~?N. YOU MUsT INCLUDE A COPY OF THIS N~,~I,~E OF JUDGM~-~IT~RIPT FoRM I ce.ify that this is a ~mc~/¢ t~ m~~eO ric~%uStic. ~-¢ ~'0 { Date J/~ My commission expires first Monday~ J~uary, 200& SE~L AOPC 315-99 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION UGI Utilities Inc. Plaintiff ( ) Confessed Judgment (XX) Other VS. David M. Kyler Defendant File No.: 01-2238 Amount Due: $1078.57 Interest: $10.79 Atty's Comm: Costs: $239.50 ~[e_. TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All personal property of belonging to David M. Kyler, 230 Herman Ave., Lemoyne, PA 17043 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachmem against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [] (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: April 20, 2001 A~ony P./~Krzywicki 215-862-4390 ID No. 23754 ,? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketin9 $ 18.00 Poundage .97 Law Library .50 Prothonotary 1.00 Surcharge 20.00 Milage 9.30 49.77 Advance Costs: $ 150.00 Sheriff's Costs: 49.77 ~223 Refund to Atty on 7/9/01 Sworn and Subscribed to before me this .~l~.day of ~ R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF _Cumberland To satisfy the debt, interest and costs due COUNTY: _UGI Xit~_i~s__I nc. NO. 01-2238 _ CIVIL>~:~ TERN CIVIL ACTION - LAW PLAINTIFF(S) from David M. ~Kvler 230 Herman Avenue, Lemoyne, Pa. 17043 DEFENDANT(S) (1) You are directed to levy upon the property of the detendant(s) and to sell A] ] p~r~na] prope3cty of belonging_to David M._K~%L]e~3Q Herman Avenue, L~moyne, Pa. 17043 (2) You are also directed to attach the property of the defendant(s) hot levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone olher than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due interest Atty's Comm Arty Paid Plaintiff Paid ___S_1078.57 L.L_ ....... Sa 5n J, ZL,Z79_ Due Prothy 1.00 % Other Costs 239.50 Date: _ april ~, 20D/ REQUESTING PARTY: Name Anthony P. Krz~zwicki, Address: P. O. ~o~ 505 N~,,¢ HnpP, Pa. Attorney for: Plain~:iff ~R. Lo_n~ Prothonotary, Civil Division by: _ Deputy Telephone: 215-862-4390 Supreme Coud ID No. 23754 _ 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action In Law vs No. 01-2238 David M. Kyler Lisa Kyler Defendant 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~ED THAT IF YOU FAIL TO DO SO THE CUE 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 re~ested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOLq, D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT F. qVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C~GET LEGkL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law No. 01-2238 vs David M. Kyler Lisa Kyler Defendant 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. 4, Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055, 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Utilz z~-~l-~ Inc, vs. David M. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. 1203U2 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. 1203U2 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: Amount Past Due: $ 1398.76 TOTAL $ 1398.76 Respectfully submitted, DATED: December 12, 2003 K rzywick~d Associates BY:AntOny P~icki ~9~.o~x 5S~5ga/ Road Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Jeff Graeff, 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 ~es, inc. David M. UGI Utilities 12 D3U2 STATEMENT OF ACCOUNT Kyler and Lisa Kyler established the following accounts with Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 218-529-8410-09 G 118 Ho~estown Road Mechanicsbur~, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A Sheriff Tom ~ Wish Tou AlFA Ar, A Wonde,fu 1203U2 In the Court of Common Pleas of CLTMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs David M. Kyler Lisa Kyler Defendant Civil Action - In Law No. 01-2238 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 wish the court your defenses or objections to the claims set forth against you. You are WARNED T~T IF YOU FAIL TO DO SO TRE CASE MAY PROCEED WITHOUT you and a judgment may be entered against you by the court without forther notice for any money claimed in the complaint or for any o~her claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SROULD TAKE THIS PAPER TO yOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPRONE T~{E OFFICE SET FORTH BELOW TO PI~D Ob~' W~ERE YOU CA~ gET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 I C~ITIFY ~ff4 B 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs David M. Kyler Lisa Kyler Defendant Civil Action - No. 01-2238 ARBITRATION In Law 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. UGI David M. COUNT 1 Util~ ~-~-f~- Inc. vs. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. 1203U2 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. 1203U2 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: TOTAL $ 1398.76 $ 1398.76 Respectfully submitted, Krzywicki and Associates DATED: December 12, 2003 By: Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Jeff Graeff. 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 1 ~lities, Inc. David M. UGI Utilities 1203U2 STATEMENT OF ACCOUNT Kyler and Lisa Kyler established the following accounts with Inc. with the following balances and charges: Account Number / Acct Type Service to: Balance Service Address 218-529-8410-09 G 118 Hogestown Road Mechanicsburg, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs David M. Kyler Lisa Kyler Defendant Civil Action No. 01-2238 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 WARNED T~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 ~ney or property or other rights important ~o you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT MAV~ A LAWYER OR C~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA~ GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 TR JE COPY FROM RECORD 1203U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action In Law vs No. 01-2238 David M. Kyler Lisa Kyler Defendant 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, David M. Kyler, is an adult individual residing at 230 Herman Avenue, Lemoyne, PA 17043. 4. Defendant, Lisa Kyler, is an adult individual residing at 57 State Road, Mechanicsburg, PA 17055. 5. At all times relevant hereto, David M. Kyler and Lisa Kyler were and remain legally married. COUNT 1 UGI Util~ Inc. vs. David M. Kyler and Lisa Kyler 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 David M. Kyler and Lisa Kyler. 1203U2 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. 1203U2 WHEREFORE, there is now due and owing from the Defendants the Plaintiff the following sums for which Plaintiff demands judgment, jointly and severally, against the Defendants: to Amount Past Due: $ 1398.76 TOTAL $ 1398.76 Respectfully submitted, Krzywicki and Associates DATED: December 12, 2003 By: Anthony P. Krzywicki 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 800-296-2103 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Jeff Graeff, 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 beliefi 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 Jeff ~ities, Inc. UGI 1203U2 STATEMENT OF ACCOUNT David M. Kyler and Lisa Kyler established the following accounts with Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 218-529-8410-09 G 118 Hogestown Road Mechanicsburg, PA 17055 / / $1398.76 Total Delinquent Balance: $1398.76 EXHIBIT A