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HomeMy WebLinkAbout11-4203IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. JULIE L. JANNEY, WILLIAM M. DAVIS JR. and NINA JUNE DAVIS, Defendants. Civil Action - In Law No.: 1-yao3 " 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 WARNED THAT 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 important to you. YOU SHOULD 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 CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166 (800) 990-9108 7 3 zr- O ?C v Go?°ra. aD?d a c??--1??33 J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.: JULIE L. JANNEY, WILLIAM M. DAVIS JR. and NINA JUNE DAVIS, Defendants ARBITRATION COMPLAINT This is an action by Plaintiff, UGI HVAC SERVICES INC., to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of appliance service. 2. UGI HVAC SERVICES INC. is a domestic 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 150 Love Road D 3r`' Floor, Reading, Pennsylvania, 19607. 3. Defendant, JULIE L. JANNEY, is an adult individual residing at 325 Herman Avenue, Lemoyne, Pennsylvania, 17043. 4. Defendant, WILLIAM M. DAVIS JR., is an adult individual residing at 137 Bosler Avenue, Lemoyne, Pennsylvania, 17043. 5. Defendant, NINA JUNE DAVIS, is an adult individual residing at 137 Bosler Avenue, Lemoyne, Pennsylvania, 17043. 6. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service and selling appliances to persons and businesses who requested utility service and appliances in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI BREACH OF CONTRACT UGI HVAC SERVICES INC. VS. JULIE L. JANNEY 7. Paragraphs 1 through 6 are incorporated as referenced as if frilly set forth herein. 8. On or about November 5, 2007, Plaintiff installed a hot water heater and furnace to Defendant, JULIE L. JANNEY. The remaining balance for these appliances is $2,935.00. 9. Attached hereto and marked Exhibit "A" is a copy of the installation contracts. 10. The installation and sale provided by the Plaintiff to the Defendant aforesaid were received. accepted and utilized for the benefit of said Defendant, JULIE L. JANNEY. 11. Defendant, JULIE L. JANNEY, is in default of her obligation, having failed to make the payments as they became due. 12. Plaintiff made demands on Defendant, JULIE L. JANNEY, to repay the sums then due and owing to Plaintiff, but Defendant, JULIE L. JANNEY, has not made any making payments and continues to refuse to pay Plaintiff. 13. Despite demands upon Defendant, JULIE L. JANNEY, for payment by the Plaintiff, Defendant, JULIE L. JANNEY, has failed and refuses to pay Plaintiff the balance due and owing on said account(s). 14. Defendant, JULIE L. JANNEY, has received the benefit of the installation of the hot water heater and furnace being attached to the real estate as a permanent fixture. 15. Defendant, JULIE L. JANNEY, materially and substantially breached the Agreement by failing to make payments to Plaintiff as required under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendant for damages in the following sums for which Plaintiff demands judgment against the Defendant, JULIE L. JANNEY: Amount Past Due: $ 2,935.00 Attorneys Fees: $ 1,000.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: S 4,177.00 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS 16. Paragraphs 1 through 15 are incorporated as referenced as if fully set forth herein. 17. Plaintiff provided material and labor for the renovations to the existing building for a new hot water heater and furnace in the vicinity of 325 Herman Avenue, Lemoyne, Pennsylvania, 17043. 18. The work performed on the project by Plaintiff was a benefit to the real estate which increased its useful life and value. 19. The work performed on the project by Plaintiff was received, accepted, and utilized for the benefit of said Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS. 20. Plaintiff made demand on Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS, to repay the sums then due and owing to Plaintiff, but Defendants have never made any payments and refuses to pay Plaintiff. 21. Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS, have been unjustly enriched by receiving renovation services without payment. 22. Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS, had knowledge of the services before they were provided and encouraged the performance of the prod ect. 23. Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS, received the benefit of work performed to its building in the form of an increased value of the property, and an extension of the useful life of the building. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the following stuns for which Plaintiff demands judgment against the Defendants, WILLIAM M. DAVIS JR. AND NINA JUNE DAVIS: Amount Past Due: $ 2,935.00 Attorneys Fees: $ 1,000.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 4,177.00 Respectfully submitted, KRZYWICKI &?„A /TES, P.C. DATED: April 1, 2011 By: >-Ilox 505 New Hope, A 1893 (215) 86 4390 Attorn laintiff Attorney I.D. 23754 Esquire EXHIBIT A 04-002 Rev 1/07 (1-4) TRANS. NO. UGI HVAC SERVICES, INC. HOME IMPROVEMENT INSTALLMENT CONTRACT TYPE OF SALE ' -.ATE ir't (5-16)CUSTOMER ACCT. NO. 17 B 7"o, & I DEL ONLY 0 PICK-UP DROP SHIP C] Date of Contract: -- r , 20 CREDITOR (called Seiler or We, Us and Our): NAME AND ADDRESS: (18-23) INVOICE NO. CREDIT APPROVAL CUSTOMER TEL. NO. NEW ? REP'L [] EMP [] I B NOV UGI HVAC SERVICES, INC. 9 2007 ?tl H SALES Healing anC Caoliny AREA ,{ORDER NO. ORDERe BUYER refers to all persons signing this Contract as Buyer (celled You, Your and Yours): ' lT?T1 BUYER STREET ADDRESS Name Address City .,i State Zip Code 1601 CITY. STATE 76 ZIP CODE I Dnitzili nQiiPF nr V(IIIR CRFnIT COSTS ANNUAL FINANCE Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments RATE The amount you will The total cost of your The dollar The amount of credit have paid after you purchase on credit, The cost of amount the provided to you or on have made all including your your credit as a credit will cost your behalf. payments as downpayment yearly rate. you. scheduled. of $ is $ $ $ $ Your payment schedule day of each month beginning MONTHLY DATE OF TYPE DUE DATE INSTALLATION 36-38 (24-27) (31-35) FINANCE CHARGES (18-23) ? 1?00 ITEMIZATION OF AMOUNT FINANCED OF $ Receipt (A) $ Appl. Price Amount $ (1) Less Allow Date $ % Add D & I ' r t' `°' Rec d by .,, (B) $ Net Cash Price Less: (2) Cash Down Payment 10)'T. d ' - a a-In -Payments of $ are due on the (C) $ t` Total Down Payment (2 + 3) 20 (D) Unpaid Balance of Cash Price (B minus C) Other Charges:• OFFICE USE ONLY (E) $ _ Sales Tax p";< D &I Revenue Appl. Revenue ALLOWANCES SALES TAX lFl $_-. Permit Fees (39-45) 14s-s2) (53-58) (66-71) Ao50100 31AA o0 CONN. TOTAL AMOUNT DOWN PAYMENT CODE (25-31) (32-38) 00 MONTHLY AMOUNT uca PAYMENT LAST PAYMENT (44-49) (50-55) MFG. A? `3 #3-6 C) ofix4q (G) $ Processing Fee (H) $ Materials Handling & Fuel Surcharge (1) $ Other EMP. CODE TYPE SALE MONTHS (41-43) (J) $ Amount Paid to Insurance Co. (39) (40) (K) Unpaid Balance (Amount financed) / (D+E+F+G+H+I+J ) (L) $ Finance Charge .4th .4. a? (M)$ Time Balance (Total of Payments) (K+L) > Y` •-r ¢; (N) $ Time Sale Price (Total Sale Price) (B+E+F+G+H+I+J+L) -?D060q-34?53 l , Seller's Signature Buyer's lot Signature Buyer 2 'a Signature MODEL I IA A-),-l `. J_'1 - ? O z M ------ ------ a °- O a '` w a cc w 0 w i V t S V? i O c° _ w O i 2 c, U LLJ w I (? f U Ja ? s. W cf) a } ? W w U) m Q U _ IZ I¢ U? O ,A ------ r------ f------ i------- I-•-----E ------ 1----- Cj ? V W ? U z W cc W LL W O LL a J I- W W r? T 1120 07 W 0 W L UGI HVAC SERVICES, INC. HOME IMPROVEMENT INSTALLMENT CONTRACT TYPE OF SALE ` r4 'J' -04-002 Rev 1107 (1-4)TRANS. NO. (5-16) CUSTOMER ACCT NO. 17 (18-23) INVOICE NO. CREDIT AP &IE1 i r> f.- if, DEL ONLY E] PICK-UP C] DROP SHIP NEW ? REP'L E Date of Contract: CREDITOR (called Seller or We, Us and Our): NAME AND ADDRESS: 40V 9 2007 UGI HVAC SERVICES, INC. Name Address City q State Zip Code lH PROVAL CUSTOMER TEL. NO. C-1-3-191 xeariny and Coaling H AREA ORDER NO. SALES ?y MPS e ORDER .,. ?? 4 315 9 BUYER refers to all persons signing this Contract as Buyer (called You, Your and Yours): rT1 BUYER STREET ADDRESS 60 CITY, STATE 76 ZIP CODE DELIVER L elyn/?y ?n??nc if vni1D !`DCr11T I^f1CTC TO 16 Payments of $ ANNUAL FINANCE _ Amount Total of Total Sale Price PERCENTAGE CHARGE Financed Payments RATE The amount you will The total cost of your The dollar The amount of credit have paid after you purchase on credit, The cost of amount the provided to you or on have made all including your your credit as a credit will cost your behalf. payments as downpayment yearly rate. you. scheduled. of $ is $ $ $ $ Your payment schedule day of each month beginning ITEMIZATION OF AMOUNT FINANCED OF $_ Receipt (A) $ _f Appl. Price Amount $ (1) Less Allow Date $ Add D & I Rec'd by (B) $? Net Cash Price $ Less: (2) Cash Down Payment (3) Trade-in due on the (C) $ Total Down Payment (2 + 3) 20 (D) $ Unpaid Balance of Cash Price (B minus C) Other Charges: MONTHLY DATE OF T ON TYPE DUE DATE INSTALLA I 36-38 (24 -27) ( 31-35) /'I /9 itI 5 kb /,41 FINANCE CHARGES (18-23) OFFICE USE ONLY (E) $ Sales Tax D &I Revenue Appl. Revenue ALLOWANCES SALES TAX (FI $ Permit Fees (39-45) (46-52) (53-58) (66-71) (G) $ Processing Fee 6 595 I I (H) $ Materials Handling & Fuel Surcharge 50 7 (1) $ Other CONN. CODE TOTAL AMOUNT DOWN PAYMENT EMP. CODE TYPE SALE MONTHS (J) $ Amount Paid to Insurance Co. (24) (25-31) (32-38) (39) (40) (41-43) MONTHLY AMOUNT PAYMENT LAST PAYMENT (44-49) (50-55) ?W ( (K) $`''? Unpaid Balance (Amount financed) W G` Q (D+E+F+G+H+I+J ) 'CRIPTION 58 Y ( __ (L) $ Finance Charge i-" (M)$ Time Balance (Total of Payments) ,V1 'MFG. (K+L) 64 MODEL`` (N) $ Time Sale Price (Total Sale Price) r I I •~y" "°? (B+E+F+G+H+I+J+L) 1r'94"-?0a0 3 Seller's Slgnetun Buyer'. 1e1 Signelure Buyer Ye SlgnNun VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Aim. § 4904 relating to unsworn falsification to authorities. DATED: April 1, 2011 4ONY P: KRZYWICKI, ESQUIRE IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.: 11-4203 Civil ARBITRATION c. x.f? Z1+S C mF ? zxr ? m CD -1 A C7 3_ --- a JULIE L. JANNEY, WILLIAM M. DAVIS JR. and NINA JUNE DAVIS, Defendants PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, without prejudice upon payment of your costs only. KRZYWICKI DATED: May 31, 2011 BY: .O. Not'G Ho1 38 (215)8 -4390 Attorney for iff Attorney I.D. 23754 TES, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff 0, T H El ._ P R Q i HO IN 0 TA ???titttr ai ?uTrrt?rr???ib Jody S Smith 2011 JUN _7 Ate 10: 28 Chief Deputy 3 9 UMBERL?H t.' Richard W Stewart Solicitor 5-EF;iF:F PENNSYLVANIA UGI HVAC Services, Inc. Case Number vs. Nina June Davis (et al.) 2011-4203 SHERIFF'S RETURN OF SERVICE 05/12/2011 06:57 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2011 at 1857 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William M. Davis, Jr., by making known unto himself personally, at 137 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. ' ICHELLE GUTSHALL, DEPUTY 05/17/2011 07:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 17 2011 at 1953 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nina June Davis, by making known unto herself personally, at 137 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHALL, % eV ? TY 05/27/2011 04:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2011 at 1645 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Julie L. Janney, by making known unto herself personally, at 325 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. RO ERT BITNER, DEPUTY SHERIFF COST: $108.00 May 31, 2011 SO ANSWERS, 1 RON R ANDERSON, SHERIFF (o) (ountySuitn Sheriff. Te!-o: oft. Inc.