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Home My WebLink About02-0494In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Gary E. Garrett Defendant Susan Garrett Defendant Civil Action - In Law ARBITRATION COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you tm/st 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 W~d~NED 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 W~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 2655U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Gary E. Garrett Defendant Susan Garrett Defendant Civil Action - In Law No. 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, Gary E. Garrett, is an adult individual residing at 191 Prince Street, Harrisburg, PA 17109. 4. Defendant, Susan Garrett, is an adult individual residing at 191 Prince Street, Harrisburg, PA 17109. COUNT 1 UGI Utilities Inc. vs. Gary E. Garrett 5. 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. 6. Plaintiff supplied utility service to Gary E. Garrett. 7. At the present time, Defendant account is in default and has 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. 8. The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant. 9. Defendant is in default of his/her obligation, having failed to make the payments as they became due. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused and continues to refuse to pay Plaintiff. 11. Despite demands upon Defendant for payment by the Plaintiff, Defendant has failed and refused to pay Plaintiff the balance due and owing on said account(s). 12. Defendant has been unjustly enriched by accepting service without full payment. WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: Court Costs: Service Costs: TOTAL $ 2131.21 $ 45.50 $ s0.00 $ 2226.71 Respectfully submitted, DATED: January 4, 2002 Krzyw~~ Associates BY:Anthq~hy P/Kr~w~ 49 N~rt~/Sugan~~-6-ad P.O/ B~ 505 New H~e, PA 18938 21 -5~,6'62-4390 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 tree. This statement is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. Dated: UG Jeff 'tilities, Inc. 2655U2 STATEMENT OF ACCOUNT Gary E. Garrett established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance 221-601-5251-63 G 310 North Front Street 1F Wormleysburg, PA 17043 / / $2131.21 Total Delinquent Balance: $2131.21 EXHIB SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS GARRETT GARY E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GARRETT GARY E but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 4th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 35.25 .00 72.25 03/04/2002 KRZYWICKI & ASSOC R: Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /~ ~ day of ~ ~o 2_~ A.D. / ~ p~Othon6t~r~ · SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00494 P COMMONWEALTH OF PEArNSYLVANIA: COUNTY OF CLrMBERLAi~D UGI UTILITIES INC VS GARRETT GARY E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDA/qT , to wit: GARRETT SUSAN but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 4th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/04/2002 KRZYWICKI & ASSOC So answ~ers :~. / /r-~[ R( Thomas Klind Sheriff of Cumberland County Sworn and subscribed to before me this ;3~ day of 7~ ~2~ A.D. ~ ' Prothonotary ' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 21, 2002 COMPLAINT GARRETT GARY E to HIM of the original : UGI UTILITIES vs : GARRETT GARY E Sheriff's Return No. 0275-T - - -2002 OTHER COUNTY NO. 02-494 at ll:00AMserved the within upon by personally handing i true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM 104 FRONT & MARKET STREETS HBG, PA 17101-0000 Sworn and subscribed to before me this 22ND day of FEBRUARY, 2002 d.-. PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Deputy Sherif~ Sheriff's Costs: $35.25 PD 02/08/2002 RCPT NO 159943 K STUMP Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:February 21, 2002 COMPLAINT GA/~RETT SUSAN to HER of the original : UGI UTILITIES INC vs : GARRETT GARY E Sheriff's Return No. 0275-T - - -2002 OTHER COUNTY NO. 02-494 at ll:00AMserved the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM 104 FRONT & MARKET STREETS HBG, PA 17101-0000 Sworn and subscribed to before me this 22ND day of FEBRUARY, 2002 So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs: $35.25 PD 02/08/2002 RCPT NO 159943 K STUMP 26 cs"~ z. KRZYWICKI & ASSOCIATES Anthony ?. Krzywicki, Esquire John L. Shearburn, Esquire P. O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorneys for Plaintiff Attorney ZD. 23 754/26852 UGI Utilities Inc. Plaintiff Court of Common Pleas Cumberland County 02-494 Civil VS. Gary E. Garrett Susan Garrett Defendant(s) JUDGMENT BY STIPULATION TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff, UGI Utilities, Inc., and against the defendant(s), Gary E. Garrett and Susan Garrett, jointly and severally, in the amount of $1,826.71, together with interest at the contract rate from this date forward. DATED: March 20, 2002 ~ar~. Garre[~ Date 191 Prince Street Harrisburg, PA 17109 Su~n Garrett..~ Date 191 Prince st.r~et Harrisburg, PA 17109 KRZYWICKI & ASSOCIATES %A~t'orney for ~ka/aa~a~-ff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Od~berland County Courthouse * Carlisle~ PA 17013 Curtis R. Long Prothonotary TO: Gary E. Garrett 191 Prince Street Harrisburg, PA 17109 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff VS Gary E. Garrett Defendant Susan Garrett Defendant Civil Action - In Law No. 02-494 ARBITRATION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long ( ) Judgment by Default Prothonotary (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, ATTORNEY FOR THE FILING PARTY: PLEASE CALL Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 2655U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Susan Garrett 191 Prince Street Harrisburg, PA 17109 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs Gary E. Garrett Defendant Susan Garrett Defendant Civil Action - In Law No. 02-494 ARBITRATION NOTICE P~rsuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. ( ) 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, ATTORNEY FOR THE FILING PARTY: Curtis R. Long Prothonotary PLEASE CALL Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.2 0 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P.O. Box 505 New Hope, PA 18938 (215)862-4390 Attorney for Plaintiff Attorney I.D. 23754/26852 UGI Utilities Inc. Plaintiff VS. Gary E. Garrett Defendant(s) Susan Garrett Court of Common Pleas Cumberland County Civil Action No. 02-494-Civil PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant, satisfied and from the record upon payment of your costs only. DATED: September 5, 2002 BY: KRZYWICKI & ASSOCIATES ~'~~icki ~,t~rney for P±- -~n-~ff