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HomeMy WebLinkAbout11-5685IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. ANNETTE L. EYLER a/k/a ANNETTE L. KELLY and KENNETH E. KELLY, Defendants Civil Action - In Law Vl ?5 C l No.: J J _ SAD c a ARBITRATION m m • C- = ? rn. yt n 1-- r - -? M t*I A C d r-= D? q c:) ?n C:) -TI x C i C3 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 a Ss ga,Qo10d ax C? ? 36?y IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: ANNETTE L. EYLER a/k/a ANNETTE L. KELLY and ARBITRATION KENNETH E. KELLY, 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, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, is an adult individual residing at 228 West Shady Lane, Enola, Pennsylvania, 17025. 4. Defendant, KENNETH E. KELLY, is an adult individual residing at 228 West Shady Lane, Enola, Pennsylvania, 17025. 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 Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI BREACH OF CONTRACT UGI HVAC SERVICES INC. VS. ANNETTE L. EYLER A/K/A ANNETTE L. KELLY 6. Paragraphs 1 through 5 are incorporated as referenced as if fully set forth herein. 7. On or about October 29, 2008, Plaintiff installed a furnace to Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY. The remaining balance for this appliance is $1,623.00. 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, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY. 10. Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, is in default of his obligation, having failed to make the payments as they became due. 11. Plaintiff made demands on Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, to repay the sums then due and owing to Plaintiff, but Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, has not made any making payments and continues to refuse to pay Plaintiff. 12. Despite demands upon Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, for payment by the Plaintiff, Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, has failed and refuses to pay Plaintiff the balance due and owing on said account(s). 13. Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, has received the benefit of the installation of the furnace being attached to the real estate as a permanent fixture. 14. Defendant, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY, 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, ANNETTE L. EYLER A/K/A ANNETTE L. KELLY: Amount Past Due: $ 1,6230.0 Attorneys Fees: $ 600.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 2,465.00 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. KENNETH E. KELLY 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 228 West Shady Lane, Enola, 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, KENNETH E. KELLY. 19. Plaintiff made demand on Defendant, KENNETH E. KELLY, to repay the sums then due and owing to Plaintiff, but Defendant has never made any payments and refuses to pay Plaintiff. 20. Defendant, KENNETH E. KELLY, has been unjustly enriched by receiving renovation services without payment. 21. Defendant, KENNETH E. KELLY, had knowledge of the services before they were provided and encouraged the performance of the project. 22. Defendant, KENNETH E. KELLY, 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, KENNETH E. KELLY: Amount Past Due: $ 1,6230.0 Attorneys Fees: $ 600.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 2,465.00 Respectfully submitted, KRZYWICKI 9QCIATES, P.C. DATED: July 5, 2011 l By; New H e 1893 (215) -4390 Attorney for 2PIntl Attorney LD 4 EXHIBIT A HOME IMPROVEMENT INSTALLMENT CONTRACT 'I? r TYPE OF SALE 40.04.002 Rev 1/07 (1-4)TRANS. NO. (5-16) CUSTOMER ACCT. NO. 17 (16.23) INVOICE NO. CREDIT APPROVAL CUSTOMER TEL. NO. N 733-C 76 y SALES D & rZl-- DEL ONLY [PICK-UP [) DROP SHIP rj NEW [:] REP'L 0 EMP [] B ORDER Date of Contract: q - IT 20 _i.I CREDITOR (called Sailer or We. Us and Our): NAME AND ADDRESS: UGI HVAC SERVICES, INC. Name Address City i /Yl" 17 SY state Zip Code NGryNO • COG!/NI •IWNNN I AREA I ORDER NO. BUYER refers to all persons signing this Contract as Buyer (called You, Your end Yours): 1tT-1 BUYER STREET ADDRESS I so f CITY, STATE 76 tIP CODE N DELIVER 17 60 BD DISCLOSURE OF YOUR CREDIT COSTS L I B I I ANNUAL PINAM Amourtt wal of Tbtal sale l rlcat PERCENTAGE CHARGE Rinanl;od Patym mils 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 make all including your your credit as a credit will cost your behalf. payments as downpayment yearly rate. YOU. scheduled. of $ is % $ $ $ $ Your payment schedule Payments of $ are due on the day of each month beginning , 20 SECDRTI'Yt You are giving a security interest in the goods you are purchasing. LATE CHAROEt If we receive your payment 10 days or more after the date it is due, we will charge you the lesser of 3% of the Payment or $3.00. PREPAYMENTt If you pay off 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 other payments on the same day of each month thereafter. CONTRACT CMERAOL We sell and you buy the following Property (include model and serial number) and/or Services. DESCRIPTION N C 2 G MFG. sa MODEL (? eI 3' 0 7 O 3 Q ITEMIZATION OF AMOUNT FINANCED OF $? MAT?'r?'? (A) w W Appl. Price Receipt aO j, Amount $ - (1) Less Allow Date CNA-f J $ /`/ Add D & I Rec'd by jAA4 (B) $ `I ;I 1? • % at Cash Price x 06a Less: (2) Cash Down Payment - (3) Trade-in (C) $PL "Total Down Payment (2 + 3)aodg (D) -3 Unpaid Balance of Cash Price (B minus C) Other Charges: (E) $ Sales Tax (F) $ Permit Fees (G) $ Processing Fee (H) $ Materials Handling & Fuel Surcharge (1) $ Other (J) $ Amount Paid to Insurance Co. (K) $ Unpaid Balance (Amount financed) (D+E+F+G+H+I+J ) (L) $ Finance Charge (M)$ Time Balance (Total of Payments) (K+L) (N) $ Time Sale Price (Total Sale Price) (B+E+F+G+H+I+J+L) PROMISE TO PAY: You promise to pay the Total of Payments according to your payment schedule shown above. -7-6 - ?' a at y 3 - ao ADDITIONAL TERMS AND CONDITIONS OF THIS HOME IMPROVEMENT CONTRACT ARE ON THE BACK. 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 PARTIAL REFUND OF THE FINANCE CHARGE. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR ANY LIQUIDATED DAMAGE PROVISION THEREOF AUTHORIZED BY LAW NOT LATER THAN FIVE P.M. ON 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 TRAN 7 SEE THE ATTACHED NOTICE OF CANCELLA N FORM FOR AN EXPLANATION OF THIS RIGHT. Seller's Signature Super's 1st signature buyer 2's Signature INSURANCE: edit Irfe insurance and credit disability insurance are not required to obtain credit, and insurance will t be provided unless you sign and agree to pay the additional cost. TYPE COST TERM SIGNATURE TYPE COST TERM SIGNATURE You want credit life Insurance Credit DIUNlity You went credit disability insurance Credit Ute Insurance Insurance $ tubs. (Single Coverage only) Mos. Buyer Ts 9iptshae Suyer I's SlpMture INSURANCE PROTECTION: If we transfer this contract to an affiliate of The Central National Lite Insurance Comoanv of Omaha ("CNLI" ). then and only then you may enroll 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 y I! i?'.D-Cl ?'ii,7 prr nfjjor `t Jody S Smith Chief Deputy Richard W Stewart Solicitor UGI HVAC Services, Inc. vs. Annette L. Eyler (et al.) ' I I AUG -8 PIS ^J: ! IliM8ERLAN0 ?0 t a `. P E N N S Y ? f'AN A, Case Number 2011-5685 SHERIFF'S RETURN OF SERVICE 08/01/2011 06:04 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2011 at 1804 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth E. Kelly, by making known unto himself personally, at 228 W. Shady Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. Y?'I MICHELLE GUTSHALL, DEPUTY 08/01/2011 06:04 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2011 at 1804 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Annette L. Eyler a/k/a Annette L. Kelly, by making known unto herself personally, at 228 W. Shady Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. MI HELLE GUTS L, DEPUTY SHERIFF COST: $59.00 August 02, 2011 ni h;S ? She-f ! e ofi,'t ,. SO ANSWERS, RON R ANDERSON, SHERIFF C KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. ANNETTE L. EYLER a/k/a ANNETTE L. KELLY and KENNETH E. KELLY, Civil Action - In Law No.: 11-5685 Civil ARBITRATION Defendants. JUDGMENT BY STIPULATION TO THE Prothonotary: rrn ? =M :nom ? -<?' - C) ;. Kindly enter judgment in favor of the Plaintiff, UGI HVAC Services, Inc., and against the Defendants, Annette L. Eyler a/k/a Annette L. Kelly and Kenneth E. Kelly, in the amount of $1,365.00, together with interest at the legal rate from this date forward. DATED: September 14, 2011 KRZYWI Annette L. Eyler a/k/a Annette L. y Date 228 W. Shady Lane Enola, PA 17025 xr. - ZZ-? Kenneth E. Kelly Date 228 W. Shady Lane Enola, PA 17025 BY: Plaintiff TES, P.C. 04 12=3 9-66 o'?tos1 •C9% ?\Aa S Wua OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 Curtis R. Long Prothonotary TO: Ms. Annette L. Eyler a/k/a Annette L. Kelly 228 W. Shady Lane Enola, PA 17025 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: 11-5685 Civil ANNETTE L. EYLER a/k/a : ANNETTE L. KELLY and ARBITRATION KENNETH E. KELLY, Defendants. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are heand bthag t has been entered against you in the above proceeding as indicated below. WO; Prothonotary ( ) Judgment by Default (XX) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 OFFICE OF THE CLERK OF COURT COUNTY OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE * CARLISLE, PA 17013 Curtis R. Long Prothonotary TO: Mr. Kenneth E. Kelly 228 W. Shady Lane Enola, PA 17025 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: I1-5685 Civil ANNETTE L. EYLER a/k/a ANNETTE L. KELLY and ARBITRATION KENNETH E. KELLY, Defendants. NOTICE has been Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby n 'tiWon, entered against you in the above proceeding as indicated below. P by Default ( ) Judgment (XX) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitration ( ) Judgment on Verdict ( ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki, Esquire KRZYWICKI & ASSOCIATES, P.C. 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLV UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: 11-5685 Civil ANNETTE L. EYLER a/k/a ANNETTE L. KELLY and ARBITRATION KENNETH E. KELLY, Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: G 3 r-o 2trn G r- -< o S't'y =L x c; iwj 1 Kindly mark the Judgment entered on against the Defendants, satisfied and from the upon payment of your costs only. DATED: July 17, 2012 BY: PQ. 5K 52S New Hope, PA 18e- (215)862-4390 Attorney I.D. 23754 $9. Sly .L. e?-? iY883 KRZYWICKI & ASSOCIATES, P.C.