Loading...
HomeMy WebLinkAbout11-5511IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.. 1 1. 5511 C(rl ( C7 -? 3 rnUD M ? A r- M CD zn -r ro c co C? M -- -a r 70" h.GERRY L. KOPPENHEFFER and C5 -, z° CD-n zn CATHY ANN KOPPENHEFFER, ARBITRATION Defendants 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 3:0 cz? Gtr 1q a.a ?d a ?? ?41s{oo IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: GERRY L. KOPPENHEFFER and ARBITRATION CATHY ANN KOPPENHEFFER, Defendants. COMPLAINT 1. 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, GERRY L. KOPPENHEFFER, is an adult individual residing at 6 Wheatfield Drive, Carlisle, Pennsylvania, 17015. 4. Defendant, CATHY ANN KOPPENHEFFER, is an adult individual residing at 6 Wheatfield Drive, Carlisle, Pennsylvania, 17015. 5. 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 Plaintiff s Tariff presently on file with the Public Utility Commission. COUNTI BREACH OF CONTRACT UGI HVAC SERVICES INC. VS. GERRY L. KOPPENHEFFER 6. Paragraphs 1 through 5 are incorporated as referenced as if fully set forth herein. 7. On or about September 30, 2010, Plaintiff installed a furnace to Defendant, GERRY L. KOPPENHEFFER. The remaining balance for this appliance is $2,488.20. 8. Attached hereto and marked Exhibit "A" is a copy of the installation contract. 9. The installation and sale provided by the Plaintiff to the Defendant aforesaid were received, accepted and utilized for the benefit of said Defendant, GERRY L. KOPPENHEFFER. 10. Defendant, GERRY L. KOPPENHEFFER, is in default of his obligation, having failed to make the payments as they became due. 11. Plaintiff made demands on Defendant, GERRY L. KOPPENHEFFER, to repay the sums then due and owing to Plaintiff, but Defendant, GERRY L. KOPPENHEFFER, has not made any making payments and continues to refuse to pay Plaintiff. 12. Despite demands upon Defendant, GERRY L. KOPPENHEFFER, for payment by the Plaintiff, Defendant, GERRY L. KOPPENHEFFER, has failed and refuses to pay Plaintiff the balance due and owing on said account(s). 13. Defendant, GERRY L. KOPPENHEFFER, has received the benefit of the installation of the furnace being attached to the real estate as a permanent fixture. 14. Defendant, GERRY L. KOPPENHEFFER, 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, GERRY L. KOPPENHEFFER: Amount Past Due: $ 2,488.20 Attorneys Fees: $ 900.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 3,630.20 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. CATHY ANN KOPPENHEFFER 15. Paragraphs 1 through 14 are incorporated as referenced as if fully set forth herein. 16. Plaintiff provided material and labor for the renovations to the existing building for a new furnace in the vicinity of 6 Wheatfield Drive, Carlisle, Pennsylvania. 17. The work performed on the project by Plaintiff was a benefit to the real estate which increased its useful life and value. 18. The work performed on the project by Plaintiff was received, accepted, and utilized for the benefit of said Defendant, CATHY ANN KOPPENHEFFER. 19. Plaintiff made demand on Defendant, CATHY ANN KOPPENHEFFER, to repay the sums then due and owing to Plaintiff, but Defendant has never made any payments and refuses to pay Plaintiff. 20. Defendant, CATHY ANN KOPPENHEFFER, has been unjustly enriched by receiving renovation services without payment. 21. Defendant, CATHY ANN KOPPENHEFFER, had knowledge of the services before they were provided and encouraged the performance of the project. 22. Defendant, CATHY ANN KOPPENHEFFER, 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 Defendant for damages in the following sums for which Plaintiff demands judgment against the Defendant, CATHY ANN KOPPENHEFFER: Amount Past Due: $ 2,488.20 Attorneys Fees: $ 900.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 3,630.20 Respectfully DATED: July 5, 2011 B KRZYWIC.16 & ASSOCIATES, P.C. P Box New H , PA 938 (215) 862'4: oki Attorney for RRI£ if Attorney I.D. 23754 EXHIBIT A ?? ...'xr?nxc.coouxc•vmuxirc PA Nome Improvement Contractor # 015598 SALES PROPOSAL/ ORDER UGI HVAC Services, Inc. 150 D Love Road P 0 Box 12407 Reading, PA 19612-2407 877-844-4822 f'ropos Date: al sub red to: City Name Salesperson 2/ 3 A2 M Addres Phone Billing Address Cell _ R4unicipality _ zip /7 Ticket# f 6?G fir`( ?' Email t PO# - Tech VV,- hereby submit our proposal for the following: L'GI HVAC will perform all work in a neat and workmanship like manner and shall have a full one year warranty on all equipment, material and labor with 5-'P/RU c' 061A q /no. Special Notations: Chimney liners: UGI normally will install a chimney liner on 80% efficient house heaters when necessary and possible. However, unexpected conditions such as an obstruction could prevent a normal installation. If this happens you could be subject to an additional charge for work beyond the scope of a normal installation. Asbestos:. Heating contractors are not allowed to remove asbestos. If during the course of your installation we would find asbestos which would prevent us from continuing, we would stop and consult with you about any costs to have this removed properly. This is for your protection. Homes with ductwork: After I1GI HVAC installs your house heater or air conditioner, we will conduct air flow tests as required by the manufacturer. These tests check for proper air flow across the equipment. If these tests show any deficiencies in your ducts, we will explain any options and costs to correct the problem. This test can only be done after your unit is installed. Homes with piping: Replacing a boiler system includes the necessary material to connect to the existing distribution system. This is known as the near boiler piping. Repair and or replacement beyond the near boiler piping are not included unless otherwise noted. Combustion Air: All equipment has to have some type of allowance for combustion an. Usually adding air grdls to a basement door will correct the problem. If necessary there are other options at additional cost. This is part of the national fuel code and is for your safety. Total Investment and Payment terms: This proposal is covered by the terms and conditions on the back of this form. Normal terms shall be 33% due with the order plus any ordered materials and the balance due on completion of the work. TOTAL /NVESTMENT QUOTATIONS VALID FOB 30 DAYS c, l DOWN PAYMENT ?? _?-ADO ?'? ?' t'a. if - " "?I "TENTATIVE INSTALL DATE _ !Z/1 BALANCE DUE Emergency work Authorization (Exhibit A) MAJOR CREDIT CARD MAY BE USED FOR THE ABOVE TOTAL INVESTMENT WITH THE FOLLOWING COMPLETED Ali AUTHORIZED BY THE CREDIT CARD COMPANY. TYPE OF CARD4vS@eu CARD NUMBER WYEXPIRATiONIIA-Z 2!/EXPIRATION AUTHORIZATION -1LV,, The above price and specifications, terms and conditions as set forth on the front and reverse side are satisfactory and are hereby accepte . UGI HVAC is audio d to do the work as specified and payment will be made as stated above. Authorized Signature Date UGI MHC Serv' a Inc. Authorized Sig azure Date Authorized Signature Date "Rr - vm additional factory Part warranties as allowed by the respective manufacturer. VVe will obtain the necessary permits as required. We will remove any and all debris created by UGI HVAC as part of the installation. 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 Jody S Smith Chief Deputy r !J° 9 l l;(?' Cl r t {_'( r PP', 0"11"-E?''?.. A T ta... 2011 MIG 10 P? 2.' 11 Richard W Stewart Solicitor UGI HVAC Services, Inc. vs. Cathy Ann Koppenheffer (et al.) '"'M 8ERL'kLb i;il `. PEINNSYLVANIA Case Number 2011-5511 SHERIFF'S RETURN OF SERVICE 07/25/2011 08:28 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 25 2011 at 2028 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cathy Ann Koppenheffer, by making known unto herself personally, at 6 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. OIEZ 0C WN LL, 08/03/2011 04:34 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2011 at 1634 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gerry L. Koppenheffer, by making known unto himself personally, at 6 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. A GERALD WORTHINGT DEPUTY SHERIFF COST: $50.00 August 04, 2011 SO ANSWERS, RONITY R ANDERSON, SHERIFF (C? ,cu^-ySulte Shel!ff. Te eosutt. hoc. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC.. Plaintiff, vs. GERRY L. KOPPENHEFFER and CATHY ANN KOPPENHEFFER, Defendants Civil Action - In Law No.: 11-5511 Civil M M ARBITRATION ?ryl ::0 = Mr- cD p < c: 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. DATED: August 8, 2011 BY: KRZYWICKI L. 1thony P. zvwi-L .O. B( _ 05 -lope. P 9; (215)862-43 0 Attorney for Plair4Wf Attorney 1. D. 23 754 TES, P.C.