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Home My WebLink About11-5510IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. THE BREWHOUSE GRILLE and L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants. Civil Action - In Law No.. ( - SS l0 Civi 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 ? .- rnn XM rn r r- I?-2 co o p s ;r -A C3 o?f,?? Qa.rm ?pCIa l' (L* 30 ?o e# ;415 S`j IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., . Plaintiff, Civil Action - In Law vs. No.: THE BREWHOUSE GRILLE and ARBITRATION L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants. 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 229 Shellyland Road, Building 5, Manheim, Pennsylvania, 17545. 3. Defendant, THE BREWHOUSE GRILLE, is an unincorporated company with a principle place of business at 2050 State Road, Camp Hill, Pennsylvania, 17011. 4. Defendant, L.N. PAZZO, INC., is the owner of the unincorporated company, Defendant, THE BREWHOUSE GRILLE, and is a Pennsylvania corporation with a principle place of business at 2050 State Road, Camp Hill, Pennsylvania, 17011. 5. Defendant, DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP, is the owner of 2050 State Road, Camp Hill, Pennsylvania, 17011, and is a Pennsylvania corporation with a principle place of business at 54 Pine Ridge Circle, Enola, Pennsylvania, 17025. 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. THE BREWHOUSE GRILLE 7. Paragraphs 1 through 6 are incorporated as referenced as if fully set forth herein. 8. On or about April 23, 2008, Plaintiff installed tiki torches for Defendant, THE BREWHOUSE GRILLE. The remaining balance for this installation is $4,654.00. 9. Attached hereto and marked Exhibit "A" is a copy of the installation contract. 10. The installation and sale provided by the Plaintiff to the Defendant aforesaid were received, accepted and utilized for the benefit of said Defendant, THE BREWHOUSE GRILLE. 11. Defendant, THE BREWHOUSE GRILLE, is in default of their obligation, having failed to make the payments as they became due. 12. Plaintiff made demands on Defendant, THE BR.EWHOUSE GRILLE, to repay the sums then due and owing to Plaintiff, but Defendant, THE BREWHOUSE GRILLE, has not made any making payments and continues to refuse to pay Plaintiff. 13. Despite demands upon Defendant, THE BREWHOUSE GRILLE, for payment by the Plaintiff., Defendant, THE BREWHOUSE GRILLE, has failed and refuses to pay Plaintiff the balance due and owing on said account(s). 14. Defendant, THE BREWHOUSE GRILLE, has received the benefit of the installation of the tiki torches being attached to the real estate as a permanent fixture. 15. Defendant, THE BREWHOUSE GRILLE, 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, THE BREWHOUSE GRILLE: Amount Past Due: $ 4,654.00 Attorneys Fees: $ 1,600.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 6,496.00 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP 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 tiki torches in the vicinity of 2050 State Road, Camp Hill, Pennsylvania, 17011. 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, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP. 20. Plaintiff made demand on Defendants, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP, to repay the sums then due and owing to Plaintiff, but Defendants have never made any payments and refuse to pay Plaintiff. 21. Defendants, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP, have been unjustly enriched by receiving renovation services without payment. 22. Defendants, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP, had knowledge of the services before they were provided and encouraged the performance of the project. 23. Defendants, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP, 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 sums for which Plaintiff demands judgment against the Defendants, L.N. PAZZO, INC. AND DOLAN & FROMM A/K/A DOLAN & FROMM PARTNERSHIP: Amount Past Due: $ 4,654.00 Attorneys Fees: $ 1,600.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 6,496.00 Respectfully submitted, DATED: July 5, 2011 TES, P.C. P'O. Box 5 New H fe' A 1 8 (215) 2-43 Attorney f Pla- Attorney I.D. 23754 EXHIBIT A UGI HVAC SERVICES, INC. -Al- ?"q--eoy HOME IMPROVEMENT INSTALLMENT CONTRACT t ` L , ?C t ??-"-?-'f ( NFAIINO • 000[INO • /ILNYINC 0-04-002 Rev 1107 TYPE OF SALE (1-4)TRANS. NO. (5-16) CUSTOMER ACCT. NO. 17 (113-23) INVOICE NO. CREDIT APPROVAL CUSTOMER TEL. NO. J AREA ORDER N0. 15 6 H tl 616 SALES D b1 DEL ONLY PICK-UP DROP SHIP NEW[] REP'L E] EMP a ORDER 0 5 U 95 9 Date of Contract: ` 20 BUYER refers to all persons signing this Contract as Buyer (called You, Your and CREDITOR (coiled Seller or We, Us and Our): Yours): NAME AND ADDRESS: r r-Tu BUYER I'1dI UGI HVAC SERVICES, INC. Name 39 Address STREET ADDRESS ) Gny _ I 60 kA CITY. STATE 76 21P CODE 51eur r Zip Code ;- ?-' DELIVER i7 00 DISCLOSURE OF YOUR CREDIT COSTS I .L I ° I I I ANNUAL FINANCE Amount Total of Total Solis, Price PERCENTAGE CHARGE Financed Payments i RATE The amount you will I 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 j yearly rate. you scheduled. Of $ is if % $ $ "$ $ Your payment schedule Payments of $ are due on the day of each month beginning 20 SECURIT1Pt You are giving a security interest in the goods you are purchasing. LATE CHARG& It we receive your payment 10 days or more after the date it is due, we will charge you the lesser of 5% of the Payment or $5.00. PREPAYMENT= If you pay oft early, you may be entitled to a refund of part of the finance charge. See the other provisions of your Retail Installment Contract for additional information about non-payment, default, any required repayments in full before the scheduled date, and prepayment refunds. E means an estimate. We estimate the payment due dates as your first payment will be due 30 days after delivery or installation of the goods, and you must make all otner payments on the same day of each month thereafter. CONTRACT COVERAGE: We sell ane you buy the following Property (include model and serial number) and/or Services. DESCRIPTION 56 r. ?1 Il ?(? ? ? L ? 11 MFG. 164 '1 MODEL I .? t ft I ITEMIZATION OF AMOUNT FINANCED OF $ (A) $•? /L9 Appl. Price Receipt Amount t, ()(so $ (1) Less Allow Date' $ -? Add D & i Rec'd by (B) Net Cash Price $ r Less: (2) Cash Down Payment (3) Trade-in (C) Total Down Payment (2 + 3) (D) Unpaid Balance of Cash Price (B minus C) (E) $ (F) $ (G) $ (H) $ (1) $ (J) $ (K) $ (L) $ (M) $ (W $ PROMISE TO PAY: You promise to pay the Total of Payments according to your payment scheduie shown above. wy(- L ADDITIONAL TERMS AND CONDITIONS OF THIS HOME IMPROVEMENT CONTRACT ARE ON THE BACK. Other Charges: Sales Tax Permit Fees Processing Fee Materials Handling & Fuel Surcharge Other Amount Paid to Insurance Co. Unpaid Balance (Amount financed) (D+E+F+G+H+I+J) Finance Charge Time Balance (Total of Payments) (K+t.) Time Sale Price (Total Sale Price} (B+E+F+G+H+i+J+L) At C"5' NOTICE TO BUYER: (1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS CONTRACT. (3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTiAw REFUND OF THE FINANCE CHARGE. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATEF THAN FIVE P.M. Oft/ THE BUSINESS DAY` FOLLOWING THE DATE THEREOF BY GIVING WRITTEN NOTICE OF RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN' THE CONTRACT BUT, IF YOU RESCIND AFTER FIVE P.M. ON THE BUSINESS DAY FOLLOWING, YOU ARE STILL ENTITLED TO OFFER DEFENSES IN MITIGATION OF DAMAGES AND TO PURSUE ANY RIGHTS OF ACTION OR DEFENSES THAT ARISE OUT OF THE TRANSACTION. YOU CONFIRM RECEIVING A COMPLETED COPY OF THIS CONTRACT WITH DISCLOSURES OF YOUR CREDIT COSTS. IF THIS BOX IS CHECKED, THEN YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSAC,T107 SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. ` Sellers SlAnature auyer'e /o1 Signelure Buyer 2'e Sioneture INSURANCE: Cre6i!Afe insurance and credit disability insurance are not required to obtain credit, and insurance wili not be provided unless you sign and agree to pay the additional cost. TYPE COST TERM SIGNATURE TYPE COST TERN: SIGNATURE I You want credit life Insurance Credit Dlsabiliry You want credit disabllily insurance Gredit Lite Insurance I r j nsurancr- 5 Wis. u 6' i _ L°,ingle C•werage oniv! ? ---? I ' ' huvo; s Sbnaun ' Buyr 1's Sigrnturr ..___... ..,....._. .,.:.. u. -- arrro under 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. Ann. § 4904 relating to unsworn falsification to authorities. DATED: July 5, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE C,F THE PRQ i NCN'0TAR"'' Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 JUL 18 PM 1: 2 0 CUMBERLAND COUNTY PENNSYLVANIA UGI HVAC Services, Inc. , vs. Dolan & Fromm (et al.) Case Number 2011-5510 SHERIFF'S RETURN OF SERVICE 07/13/2011 11:30 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: L.N. Pazzo, Inc., by making known unto Don Renninger, Manager for The Brewhouse Grille at 050 State Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time anding to her personally the said true and correct copy of the same. STEPHEN ENDER,DEPUTY 07/13/2011 11:30 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dolan & Fromm, by making known unto Don Renninger, Manager for The Brewhouse Grille at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same timhanding to her personally the said true and correct copy of the same. STEPH N BENDER, DEPUTY 07/13/2011 11:30 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: The Brewhouse Grille, by making known unto Don Renninger, Manager for The Brewhouse Grille at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.00 July 14, 2011 4EP E DEPUTY SO ANSWERS, R ERSON, SHERIFF .c; COWItrSuda She, ft_ Peieo,cff. liar. . If Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I . D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 jbr@jdsw.com UGI HVAC SERVICES, INC., Plaintiff V. THE BREWHOUSE GRILLE and L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants NOTICE TO PLEAD To: UGI HVAC Services, Inc., Plaintiff c/o Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 NO. 11-5510 Civil CIVIL ACTION - LAW You are notified to file a written response to the enclosed Defendants' Answer with New Matter to Plaintiff's Complaint within 20 days from service or judgment may be entered against you. t r- • r {'9 t e I TL Ll'Ii rr `;1,A"IEERLAND COUNTY r' HNSYLVAN1A Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, Johnson, u i Weidner By: effrey B. Rettig, Esquire I. D. No. 19616 Andrew P. Dollman, Esquire I.D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com UGI HVAC SERVICES, INC., Plaintiff V. THE BREWHOUSE GRILLE and L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants NO. 11-5510 Civil CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, The Brewhouse Grille, L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, and file the within Answer to Plaintiff's Complaint with New Matter stating: 1.-6. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs. Therefore, the averments of these paragraphs are denied and strict proof thereof is demanded at trial. COUNTI BREACH OF CONTRACT UGI HVAC Services. Inc. v. The Brewhouse Grille 7. The answers to Paragraphs 1 through 6 above are incorporated herein by Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA reference thereto as though fully set forth at length. 8.-15. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs. Therefore, the averments of these paragraphs are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants The Brewhouse Grille, L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership request that this Court enter judgment in their favor and against Plaintiff without any cost to them. COUNT II UNJUST ENRICHMENT UGI HVAC Services. Inc. v. L.N. Pazzo. Inc. and Dolan & Fromm a/k/a Dolan & Fromm Partnership 16. The answers to Paragraphs 1 through 15 above are incorporated herein by reference thereto as though fully set forth at length. 17.-23. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs. Therefore, the averments of these paragraphs are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants The Brewhouse Grille, L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership request that this Court enter judgment in their favor and against Plaintiff without any cost to them. NEW MATTER 24. Plaintiff has failed to state a claim upon which relief may be granted. 2 25. Plaintiffs claims may be barred, in whole or in part, by the doctrine of estoppel. 26. Plaintiff's claims maybe barred, in whole or in part, by its doctrine of waiver. 27. Plaintiff's claims may be barred, in whole or in part, by the doctrine of accord and satisfaction. 28. Plaintiff has or may have failed to mitigate its damages. 29. Defendants have not violated any duty or obligation owed to Plaintiff under common law, by statute, under any applicable contract or otherwise. 30. Plaintiff's claims are or may be barred, in whole or in part, by the applicable statute of limitations. WHEREFORE, Defendants The Brewhouse Grille, L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership request that this Court enter judgment in their favor and against Plaintiff without any cost to them. 462644 Respectfully submitted, JOHNSON, RT & WEIDNER ??7): t? By: Je y B. Rettig I. D. No. 19616 Andrew P. Dollman I.D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants 3 CERTIFICATE OF SERVICE AND NOW, this 5`h day of October, 2011 , the undersigned does hereby certify that she did this date serve a copy of the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint upon the other parties of record by causing same to be faxed and deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 JOHNSOWDUFFIE, RT & WEIDNER By:_ i An ew P. Dollman Y KRZYWICKI & ASSOCIATES, P.C. By: Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 PPT 13 fi,`-l 1 I : UMBERLAND COUNT',` PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.: 11-5510 Civil THE BREWHOUSE GRILLE and L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants ARBITRATION PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 24. Denied as a conclusion of law to which no answer is deemed required. 25. Denied as a conclusion of law to which no answer is deemed required. 26. Denied as a conclusion of law to which no answer is deemed required. 27. Denied as a conclusion of law to which no answer is deemed required. 28. Denied as a conclusion of law to which no answer is deemed required. 29. Denied as a conclusion of law to which no answer is deemed required. 30. Denied as a conclusion of law to which no answer is deemed required. WHEREFORE, Plaintiff, UGI HVAC Services, Inc., requests that this Court enter judgment in their favor and against Plaintiff without any cost to them. Dated: October 7, 2011 BY: 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. Ann. § 4904 relating to unsworn falsification to authorities. Dated: October 7, 2011 CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to delivery, via first class mail, to the following: Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Dated: October 7, 2011 KRZYWICKI &?QCIATES, P.C. By: P.,Xfzywicki, Esquire Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig Attorneys for Defendants I.D. No. 19616 t ; 301 Market Street r~ t- P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 K< ;,,h: jbr@jdsw.com j---- ~ ri SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF UGI HVAC • CUMBERLAND COUNTY, PENNA Plaintiff ; NO. 11-5510 Civil V. • CIVIL ACTION - LAW THE BREWHOUSE GRILLE and L.N. : PAZZO, INC. and DOLAN & FFROMM ROMM ~ alk/a DOLAN & , PARTNERSHIP, • Defendants DEFENDANTS MOTION TO COMPEL PLAINTIFF'S ANSWER TO DISCOVERY AND NOW, come The Brewhouse Grille and L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file this Motion to Compel Plaintiff to provide full, complete and verified Answers to Defendants' Interrogatories and full and complete responses to Defendants' Request for Production of Documents by respectfully stating the following: 1. Plaintiff commenced the above-captioned action by filing a Complaint on or about July 8, 2011. 2, By correspondence dated August 4, 2011, Plaintiff was served with Defendants' Interrogatories and Request for Production of Documents. A copy of the correspondence is attached hereto as Exhibit A. 3. On or about September 23, 2011, attorney for Defendants, Jeffrey B. Rettig, EsQuire sent a letter to Anthony Krzywicki, Esquire, attorney for Plaintiff, notifying Attorney Krzywicki that Plaintiff's answers to Defendants' Interrogatories and responses to Request for Production of Documents were overdue. A copy of this correspondence is attached hereto as Exhibit B. 4. To date, Plaintiff has not provided responses to Defendants' Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 5. Defendants have in good faith attempted to resolve this discovery dispute without court action. g. Plaintiff's failure to respond to written discovery requests is in violation of the Pennsylvania Rules of Civil Procedure and is delaying the progress of this case. 7. Obtaining complete responses is necessary for the Defendants to be able to defend themselves. g. Plaintiff's attorney has been contacted and he does not concur with this motion. g. Plaintiff is represented by Anthony Krzywicki, Esquire, PO Box 505, New Hope, PA 18938, telephone 215-862-4390. , 10. Defendants are represented by Jeffrey B. Rettig, Esquire, 301 Market Street, Lemoyne, PA 17043, telephone 717-761-4540. WHEREFORE, Defendants The Brewhouse Grille and L.N. Pazzo, Inc., and Dolan & Fromm a/k/a Dolan & Fromm Partnership respectfully request that this Honorable Court enter an Order compellin9 Plaintiff to provide full and complete Answers to Defendants' interrogatories and Requests for Production of Documents. Respectfully submitted, JOHNSON, D F, T R& WEIDNER By: . e ig, Esquire Je y Attorney i.D. No. 19616 Andrew P. Doliman Attorney I. D. 209466 301 Market Street P. 0. Box 109 Lemoyne, P717706~~5~~ Telephone (717) Attorneys for Defendants Date: /J~7/~~ , ' r ~ ~ i , WADE D. MANLEY JERRY R. DUFFIE ELIZABE'fH D. SNOVER I RICHARD W. STEWART ANDRE\~! P. DOLLMAN I L A W 0 F F [ C E S EDM1IUND G. MYERS SARAH E. HOFFNIAN ~ CAROLYN B. MCCLAIN DAVID W. DELUCi: JQM SON ~ JOHNA. STATLER i JEFFERSON J. SHIPMAN OF COUNSEL I JEFFREY B. RETTIG DUFFIE HORACE A. 10HNSON ~ KEVIN E. OSI30RNF. C. ROY W61DNER, JR. MARK C. DUFFIE I JOHN R. N[NOSKY F. LEE SHIPMAN MICHAEL J. CASS[DY (1965-2006) ~ MF.I.ISSA PI:F,L GRFLVY I I ~ WRITER's ExT. No. 165 E'N1AII. <TBRa;jdsw.COU1 August 4, 2011 I ~ Anthony P. Krzywicki, Esquire ~ Krzywicki & Associates, P.C. 1 P O Box 505 I New Hope, PA 18938 Re: UGI HVAC Services v The BrewHouse Grille I II Cumberland County C.C.P., Docket No. 11-5510 - Arbitration , Dear Anthony: I Enclosed please find Defendants Interrogatories and Request for Production of Documents , 0 our client, UGI HVAC Services, Inc. Kindly respond to this discovery within thirty (30) addressed t y days as required by the Pennsylvania Rules of Civil Procedure. i Thank you for your attention to this matter. ~ Very truly yours, STEWART & WEIDNER JOHNSON, DUFFIE - ~ (arey B. Rettig JBR:jrs:453484 Enclosure I 301 MARKET STREET P.O. BOX 109 LEN~O~ ~613015SYMAILC~JDSW.COM WWW.JDSW.COM 717.761.4540 FAX. JOHNSON, DUFFIE, STEWART & WEIDNER, P,C. - i . ' • WADE D. MANLEY - ELIZABF.'I'}{ D. SNOVGR I JERRY R. DUEFIG ANDREW P. DOI,LMAN RICHARD W. STE\VART L A W 0 F P 1 C E S SARAH E. HOFFMAN ED69UND G. MYF.RS CAROI.YN B. MCCLAIN DAVID W DELUCE SON OFCOUNSEL JOHN A. ST.ATLEk I, JEFFERSON J. SHIPNIAN IQ DU~FIE HORACE A. )OHNSON i JEFFREY B. RETTfG C. ROY «'EfDNER, JR i MARK C. DUFFIE CONSTANCE P. BRUNT I JOHN R. N[NOSKY MICHAEL J. CASSIDY F. LFE SHIPMAN MFLISSA PEEL GREEVI' (1965-2006) W RITER's Ex'r. No. 165 E-MAIL <TBRCa;]d9W.cnm September 23, 2011 Anthony P. Krzywicki, Esquire Krzywicki & Associates, P.C. P O Box 505 New Hope, PA 18938 Re: UGI HVAC Services v The BrewHouse Grille C u m b e r l a n d coun ty C•c.P•+ Docket No. 11-5510 - Arbitration Dear Anthony: uest for n Au ust 4, 2011, we forwarded to you Defendants Interrogatories and Req ~ g client in the above case. To date, we have not Production of Documents for a~o de f I and our complete answers by October 4, 2011. r e c e i v e your answers. Kindly p Thank you for your attention to this matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Jeffrey B. Rettig ' JBR:jrs:461181 301 MARKET STREET P.O. BOX 540 09FAX:M~17.7613015SYMAILCJDSW.COM WWW.JDS\~.COM 717.761. - TnuNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE is ` day of November 2011, the undersigned does hereby certi cord AND NOW, th that - of the foregoing Motion to Compel upon the other parties o e she did this date serve a copy usin same to be deposited in the United States Mail, first class postage prePaid, at by ca 9 Lemoyne, Pennsylvania, addressed as follows: Anthony Krzywicki, Esquire PO Box 505 New Hope, PA 18938 Counsel for Plaintiff JO7jeffrey N, DUFFI.E, ST ART & WEIDNER ~ ~c,~ c BParalegat to anine Schwalm, B. Rettig, , Esquire Andrew P. Dollman, Esquire 467422 KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 PROTHON 0 TA R 4r 2R 2 J A 31 !!P ile r,U, E?ft SY??A?IqNTY IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.: 11-551.0 Civil THE BREWHOUSE GRILLE, L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants. ARBITRATION PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANTS Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of requests for admissions to be answered separately by the defendant. Definitions 1. The words "you" and "your" mean each defendant or person(s) acting or purporting to act on his or its behalf. 2. The words "person" and "persons" mean all entities, but not limiting the generality of the foregoing all individuals, associations, companies, partnerships, joint ventures, corporations, trusts, estates, public agencies, departments, bureaus, and boards. 3. The words "identity" and "identity," when used with respect to an individual, mean to state the full name and present or last known address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" means to state the corporation's full name, date and state of incorporation, and the address of its principal place of business. When used with respect to an individual, "identify" or "identity" mean to state full name and last known address. Instructions 1. All information is to be divulged which is in the possession of the defendant, his/her attorney or former attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing requiring that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you cannot fully admit the matter. If, in good faith, you qualify any answer or deny any part of a matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. Pursuant to Pa. R.C.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted. Requests 1. On or about April 23, 2008, Plaintiff installed tiki torches for Defendants, The Brewhouse Grille, L.N. Pazzo, Inc. and Dolan & Fromm a/k/a Dolan and Fromm Partnership, at 902 Jade Avenue, Lancaster, Pennsylvania, 17601. 2. To date, neither of the Defendants, The Brewhouse Grille, L.N. Pazzo, Inc. and Dolan & Fromm a/k/a Dolan and Fromm Partnership, have paid Plaintiff for any installations and/or repairs. The attached Exhibit "A" is the contract for the tiki torches which were installed on or about April 23, 2008. 4. Defendant, Dolan & Fromm a/k/a Dolan and Fromm Partnership, was the record owner of 2050 State Road, Camp Hill, Pennsylvania, 17011 when the installation occurred. 5. The attached Exhibit "B" is a check written by Defendant, L.N. Pazzo, Inc., to UGI Utilities Inc. 6. The attached Exhibit "B" is a check written by Defendant, L.N. Pazzo, Inc., to UGI Utilities Inc., paid for gas service received by Defendant(s). KRZYWICKI & MATES, P.C. Dated: January 27. 2012 BY: An onv P EXHIBIT A UGI HVA,C SERVICES, INC. HOME IMPROVEMENT INSTALLMENT CONTRACT 0-04002 Rev 1107 TYPE OF SALE l 11-4 TRANS. NO. 1 5- 16, CUSTOMER ACCT NO. I 17 I 116-23) INVOICE NO I CREDIT APPROVAL I CUSTOMER TEL. NO. I D &'I , DEL ONLY ? PICK-UP 0 DROP SHIP r7 NEW [] REP'L ? EMP Bete of Contract: .26 ?REMTDR (celled Seller or We, Lit. and Our): NAME AND AODRESS. UGI !VAC SERVICES INC Nam ( p Address ? ? Cite 6,en, Lip Cudn DISCLOSURE OF YOUR CRED[T COSTS ANNUAL FINANCF Amount 701121 Of PERCENTAGE CHARGE Financed Payments RATE The amount you will The dollar The amount of credit have paid after you The cost of amount the .t Provided to you or on have made all vour credit as a ( credit will cos,, E your behalf. paymente as yearly rate. yau. scheduled. % ( v r $ I S Your payment schedule Payments of $ an BUYER retort to all persone signing thirr. Contract as Buyer (called You, Your and Yours): 777-5, BUYER Iff e MfAl1N0 • [OO[/NG • vIfIMYINc AREA ORDER NO SALES ORDER 0 9 Mi, 3 _e -7 (f l 16.) STREET ADDRESS 1 60 1 CITY, STATE 76 ZIP CODE DELNEP, 17 1 SO TO 6 f I7 j 1 ( I I i r? I I I I Total Sale Price ITEMIZATION OF AMOUNT FINANCED OF S The total cost Di your (A1 S^ err ? . nc_ He ceipt R C Amount purchase on credit.. T, Loss Aiow Dat ` including you- F. Add D & downpayment ,RPc'd b)' of $ is 1 (Bi $= Net Cash Price -- Less: (2) Cash Down. Payment S I ----__-?-- (3) Trade-in due orl the -- (C) rota! Down Payment (Z + 31 day of each month beginning 2Cr (D) $ ?.; Unpaid Balance of Cash Price M minus Ci SECURITY: You are giving a security interest in the goods you are purchasing. LATE CHARGE. If we receive your payment 10 days or more after the date it is due, we will charge you tl-e lesser of S% of the Payment or $5.00. (F) $ PREPAYMENT. If you nay off early, you may be entitled to a refund of part of the finance charge IF) $ (G) See the other provisions of your Retail Installment Contract for additional information about non-paymen;, default, any required repayments in full Defore the scheduled date, and prepayment refunds. (H) $' (i) $ means an estimate. We. estimate the Dayment due dates as your first payment will be duc 30 days after delivery or installation of the good:. and you must make all otner payments on the same day of each month thereafter. i (K) S DESCR1PTION 56 I I ILI S? rVll COXMCT COVERAGE: We sell anc. you buy the following MFC E 1 Property (include model and serial number) and/or Services I f I i"I I I PROMISE TO PAY, You Dromise to Pay the Total of Payments according to your payment schedule shown abov ?. ADDITIONAL TERMS AND CONDITIONS OF THIS HOME IMPROVEMENT CONTRACT ARE ON THE DACE Other Charges. `tales Tax Fermi*. Fees r:... IUceSSInC) Fee, kfintem is Handling & Fuel Surcharge Citric;'" Anioun? Paid to Insurance Co, Unpaid Balance (Amount financed! (D+ E +F+G+H+I+J ) 'Iran e Charge in h 'alance 'Total o P vrner*s) Tin)(.. 7alei Price (Iota! Saie F'nr.e; NOTICE TO BUY EI (1) DO NOT SIGN. THIS CONTRACT BEFORE YOU READ IT'. (2 YOU ARE ENTITLED TO A COMPLETED FILLED-IN COPY OF THIS QiyTRA T. (3 UNDER THE LAW YOU Hail; THE RIr3H T TO MAY OFF IN ADVANCE T4E' FULL AMOUNT DUE: AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIA; - REFUND OF THE FINANCE CHARGL. (41 YOU MAY RESCIND TFUS CONTRAC_ SUBJECT TO LIAW ITY FOR. ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT L ATEF THAN FIVE P.M ON THE BUS!NES: DAY FOLLOWING THE DATE THEREOF a+GIVING WRITTEN NO':lC j RESCISSION TO THE CON(TRACT'OF W l5 PLACE OF BUSINE=SS GIVEN, It, THE GOh!TRAC?: BUT. IF YOU RESCIK; AFI? €NfE F.R1. ON THE SUSI TES" 1DAY FOLLOWINC, YOU ARE STILL ENTITLED TO OFFER, DEFENSES IN MITIGATION OF DANMAGE& AND TO PURSUE ANN' RIaErTS 0, A' 51ON OR DEFENSE: THAT ARISE OUT OF THE TRANSACTION. _ YOU CONFIRM RECEIVING A COMPLETED COPY OF THIS CONTRACT WITH DISCLOSURES OF YOUR CRED:T COOTS. IF THIS BOX IS CHECKED. THEN YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PMOF, TO MIDNIGHT !}F THE THIRD BUSINESS DAi A TErrP 7HE7 DATA O 'HITS TRANSACTIOR SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. ' Seller's Sipnetun^ UW- let Signst- buyer 2'x Signature INSURANCE: Crediidife insurance and credit dlsaoility insurance are not required to obtain credli, and insurance wir net nr% r-rovlded unless ya,: sign ano aq,e - f , pa? the additional cos'. TYPE COST TERW , SIGN011R..' Tvpr CrIST - TCF61 Qr.N LTI IRr hrym 1 s Slpnaiun 1-?rvak?.:nvcratie? rnrly F?irvr i ?; lwnalum r.. _ /.. _.._, ... ___... ... ............,... .. '..n.....I! "' . gyn. r, r. r. rR..rl,. ?,.t` `r ?, ^::' ,,.I V.. ell EXHIBIT B /17/2012 13:14 2158624393 L N PAZZO ING 5873 RD CAMM.L ?? ?C-'??a? w.vrfw FA; ?9 s c 'fir . 3?a60' F" Nalmw Sit* FOR @' i`DO5I113?' 1:0_43 ?A0921S 95mOZt95-9u a?ov003a0000"t DDA Debits 02/26/2004y- 93,000.00 -•770601545S - 95022939 - 5813 4, ?? 'I Sfy??#i?? ??Y1G7?69i 1T 1 .'SA36 3f2 -- ,. DEP Tn Ml t1TIL177E5 g w AgS£EiCfi OR &W1S7A,oeMENT GUARMUZO :0 PAGE 04/05 DDA Dcbi.t8 - 01/1G/2009 - 63,000,00 - 770601.5455 - -45OP1939 - 5813 CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Plaintiff's First Request for Admissions Directed to Defendants, The Brewhouse Grille, L.N. Pazzo, Inc. and Dolan & Fromm a/k/a Dolan and Fromm Partnership, by depositing copies thereof in the United States snail, prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Dated: January 27, 2012 BY: '.C. 17 ILED- OFFICE t ;ICE KRZYWICKI & ASSOCIATES, P.C. PROTNCNOTARy By: Anthony P. Krzywicki, Esquire ?Lar2 JAt ? ??: P.O. Box 505 New Hope, PA 18938 ?'U,4DERLAND COUNTY (215) 862-4390 1ENNSYL.VANIA Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: 11-5510 Civil THE BREWHOUSE GRILLE, ARBITRATION L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Defendants. PLAINTIFF'S RESPONSE TO DEFENDANTS' REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff, UGI HVAC SERVICES, INC., hereby serves the following response to Defendants' Requests for Admissions as follows. CONDITIONS 1. UGI HVAC SERVICES, INC. response is made without in any way waiving, or intending to waive, but on the contrary, intending to preserve and preserving: a. All objections as to competency, relevancy, materiality, privilege and admissibility for any purpose in any subsequent proceeding or trial of this or any other action(s); b. The right to object to the use of any documents which may be provided in UGI HVAC SERVICES, INC. response or which form the subject matter thereof, in any subsequent proceeding or trial of this or any other action(s) on any other grounds; The right to object on any other ground at any time to further discovery involving or relating to documents produced in response to Defendant's Request for Admissions; and d. The right at any time to supplement the answers to Defendant's Request for Admissions. 2. The answers in response to Defendant's Request for Admissions are not a representation or a concession as to the relevance and/or relationship of such information to this action. GENERAL OBJECTIONS I. UGI HVAC SERVICES, INC.'S objects generally to Defendant's Request for Admissions to the extent that they seeks the discovery of information that is protected from disclosure by the attorney-client privilege, joint defense privilege or other privilege, the attorney work product doctrine and/or the protection afforded mental impressions, conclusions, opinions or legal theories of one or more of the attorneys and/or representatives of UGI HVAC SERVICES, INC. regarding this litigation. 2. UGI HVAC SERVICES, INC. objects generally to Defendant's Request for Admissions to the extent that they seek information that is not relevant nor reasonably calculated to lead to the discovery of admissible evidence. 3. UGI HVAC SERVICES, INC. objects generally to Defendant's Request for Admissions to the extent that they fail to exclude mental impressions, conclusions and conclusions of UGI HVAC SERVICES, INC. employees and agents respecting the value or merit of a claim or defense and respecting strategy or tactics. 4. UGI HVAC SERVICES, INC. objects generally to Defendant's Request for Admissions to the extent that they are not limited to information in the custody or control of UGI HVAC SERVICES, INC.. 5. UGI HVAC SERVICES, INC. objects generally to Defendant's Request for Admissions to the extent that they are overbroad and contain compound questions. 6. UGI HVAC SERVICES, INC. objects to Defendant's Request for Admissions to the extent that they are not limited in time and would require UGI HVAC SERVICES, INC. to search countless documents to provide answers. 7. Plaintiff objects to the Definitions and Instructions to the extent that they exceed the scope of discovery permitted by the Pennsylvania Rules of Civil Procedure. DEFINITIONS I . The words "you" and "your" mean each defendant or person(s) acting or purporting to act on his or its behalf. 2. The words "person" and "persons" mean all entities, but not limiting the generality of the foregoing all individuals, associations, companies, partnerships,.] oint ventures, corporations, trusts, estates. public agencies, departments, bureaus, and boards. 3. The words "identity" and "identity," when used with respect to an individual, mean to state the full name and present or last Imown address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" means to state the corporation's full name, date and state of incorporation, and the address of its principal place of business. When used with respect to an individual, "identify" or "identity" mean to state frill name and last Imown address. INSTRUCTIONS I . All information is to be divulged which is in the possession of the defendant, his/her attorney or former attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing requiring that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you canriot fully admit the matter. If, in good faith, you qualify any answer or deny any part of a matter of which an admission is requested, you shall specify so much of it as is true and qualifv or deny the remainder. Pursuant to Pa. R.C.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted. REQUESTS Admitted 2. Denied. The $3,000 check referenced in Request for Admission Paragraph Number 1 does not represent payment for the installation of lights which is the subject of this instant litigation. Rather it was received as payment for Defendant's utility bill and was so allocated in the utility account records of Defendant. See attached Exhibit "A" which is a copy of Defendant's utility account with UGI. Dated: January 27, 2012 BY: EXHIBIT A FrOm:UG! 01/17/2012 15:35 #396 P.0021002 ?..?nrsr.evicr Billingg Summary for Service to: N ?AZ20 INC ALNRENCE DOLAN 2050 STATE RD CAMP!HILLPA 17011 000241a Rate Classification: Rate N-Comm Gen Svc-Heating Billing Period: 12/30/2008 to 01/3012009 (31 days) Questions? all 800-276-2722 or write to UGI at 50 BOX 13009 Reading, PA 19612-3009 -Your current UGI charges include State taxes totaling $ 247.03. Meter Information - Next Read Date March 3 2009 9. 8, 6. 5. 4, 3. 2. 1 0 0 Past Bill Information - UGI Utility The account balance on last bill was .................... 2,956.15 Thank you for your payment of ........... ..................... 3.000.00 218 573 8701 08 Balance as of 02/03/2009 ............. -43T Current Bill Information - UGI Utility .... Customer Charge .......................................................... 8.55 ) ........ Commodity Charge ; 1,852 CCF at S1.D323 1.912.49 Distribution Charges ........................................................ 766,0B PA State Tax Surcharge ............................................... -7.79 PA Sales Tax ................................................................... '160.76 - Total Current Charges - UGi Utility ............................... -NM UGI Utility charges owed this bill ........................... ...................................................... $ 2,796.24 Total Amount Due, Please Pay by Due Date (02/19/2009) .................................... $ 2,796.24 Meter Previous Present CCF MCF Number Reading Reading Used Used 1189178 1165 1912 747 - 74.7 1244036 4217 5322 1105 = 110.5 TOTAL 1852 = 185.2 Messages from UGI 'Your current price to compare is $ 10.3266 /MCF. 'Your total annual usage is 2.007.3 MCF. Your average n'ronthly usage is 167.2 NCI- ' Help prevent pipoline dan-iage, accidents and sarmc disruptions. Call 811 before you dig. 50 55 30 35 70 75 30 35 J F M A M J J A S 0 N D J 2008 Months 2009 Last This Average Year Year 14CF/day 4,74 5.97 Daily temperature 33'F 26°F if you pay at a payment agent please take your entire bill. Make check payable to UGI. Keep this part foryour records. Important information is on the back of this bill. UGI Utilities Inc. Please pay by the due date ! PO Box 71'!03 t Philadelphia. PA 19176 ' t^- avoid the :ate charge. Please return this portion with aur ment a C/S tf..... p y y . CusYrmer N7rT, r 2}8`573 8701 08 CH February 19, 2009 - 1n,HlrrrlldriJlr?rit?l,IIIrrlirrrLrlLIrrLL?ll,rrl ***********AUTO**5-DIGIT 17011 r t - L N PAZZO INC .2 $ 2,798 E LAWRENCE DOLAN - : 2050 STATE RD - CAMP HILL PA 17011 $2,936.05 218573870108021902002796240139810000000000000000000009 VERIFICATION Pursuant to Rule 1024 (c), 1, Mark A. Callender, Area Manager, verify that I am an employee for Plaintiff in the within case, that I am sufficiently familiar with the facts set forth in Plaintiff's Answers to Defendants' Request for Admissions 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 ol* public record. I understand that the statements herein are made subject to the penalties of 18 Ila. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. UGI HVAC SERVICES, INC. f Dated: # `.._. /s Mark A. Callender, Area Manage v CERTIFICATE OF SERVICE I certify that on this date, I served a copy of the foregoing Plaintiff's Response to Defendants' Request for Admissions by depositing true copies thereof in a depository under the exclusive care and custody of the United States Postal Service, in a prepaid, frilly addressed envelope to the following: Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorney.for Defendants Dated: January 27. 2012 L UGI HVAC SERVICES, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THE BREWHOUSE GRILLE L.N. PAZZO,INC., AND DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, DEFENDANTS 11-5510 CIVIL TERM ORDER OF COURT tigr AND NOW, this ? day of February, 2012, upon consideration of the Plaintiff's motion to compel discovery, a Rule is issued on Defendants to show cause why the requested relief should not be granted. This rule is returnable 20 days after service, a copy of which shall be supplied to the court. Anthony P. Krzywicki, Esquire For Plaintiff v'Jeffrey B. Rettig, Esquire For Defendants :saa &),._ "-s ma, I, By the Court, Albert H. Masland, J. S. ?`L IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff. Vs. THE BREWHOUSE GRILLE, L.N. PAZZO, INC. and DOLAN & FROMM a/k/a DOLAN & FROMM PARTNERSHIP, Civil Action - In Law No.: 11-5510 Civil C MM c N rte-.Z W -c c C; c r c.:s m 7y -r Defendants. ARBITRATION PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settle, Discontinue, and End against the Defendants, prejudice upon payment of your costs only. DATED: July 19, 2012 BY: KRZYWICKL&--?OCIATES, P.C. squire New lam, PA/893 8 (215)862-43 Attorney for Plaintiff Attorney I.D. 23754