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HomeMy WebLinkAbout06-6097IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILTIES, INC., Plaintiff, vs. JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants CIVIL ACTION NO.O(o -- 46gT 1.1 t? i L ' _ " l 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 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. Identification #23754 P.O. BOX 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILTIES, INC., CIVIL ACTION NO. 4 ? - G D 9 y Plaintiff, : vs. JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, = Defendants Plaintiff UGI UTILITIES, INC., by its attorneys, KRZYWICKI & ASSOCIATES, by way of Complaint against the Defendants, alleges and says: JURISDICTION AND VENUE 1. Plaintiff, UGI UTILITIES, INC. is a Pennsylvania corporation with its principal place of business located at 1500 Paxton Street, Harrisburg, Pennsylvania, 17105. 2. Defendant, JOHN C. THOMAS, is an adult individual residing at 500 Cumberland Road, Lemoyne, Pennsylvania, 17043. &,?1 TZ. 3. Defendant, THOMAS W. KIRCHHOFF, is an adult individual residing at 79 Greenwood Circle, Wormleysburg, Pennsylvania, 17043. 4. Defendant, STACI KIRCHHOFF is an adult individual residing at 79 Greenwood Circle, Wormleysburg, Pennsylvania, 17043. 5. Defendant, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF are the title owners of 500 Cumberland Road, Lemoyne, Pennsylvania, 17043. COUNTI UGI UTILITIES, INC. VS. JOHN C. THOMAS BREACH OF CONTRACT 6. Paragraphs 1 through 5 are incorporated as referenced as if fully set forth herein. 7. At all times relevant hereto, Plaintiff was engaged in the business of selling and installing HVAC appliances to persons and business. 8. On or about February 18, 2005, Plaintiff sold a house heater to JOHN C. THOMAS. The remaining balance for this appliance is $3,041.00. 9. Attached hereto and marked Exhibit "A" are copies of the purchase contracts. 10. The appliances provided by the Plaintiff to the Defendant aforesaid were received, accepted and utilized for the benefit of said Defendant, JOHN C. THOMAS. 11. Defendant, JOHN C. THOMAS, is in default of his obligation, having failed to make the payments as they became due. 12. Plaintiff made demand on Defendant, JOHN C. THOMAS, to repay the sums then due and owing to Plaintiff, but Defendant JOHN C. THOMAS, has stopped making payments and continues to refuse to pay Plaintiff. 13. Despite demands upon Defendant, JOHN C. THOMAS, for payment by the Plaintiff, Defendant, JOHN C. THOMAS has failed and refuses to pay Plaintiff the balance due and owing on said account(s). . J 14. Defendant, JOHN C. THOMAS, has received the benefit of the appliance being attached to the real estate as a permanent fixture. 15. Defendant, JOHN C. THOMAS, 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, JOHN C. THOMAS: Amount past due: $3,041.00 Court Costs: $ 55.00 Service Costs: $ 125.00 Attorney's Fees: 9$ 12.30 Total: $4,106.80 COUNT II UGI UTILITIES, INC. VS. THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF 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 house heater at 500 Cumberland Road, 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. 20. 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. 21. Defendant has been unjustly enriched by receiving renovation services without payment. 22. Defendants had knowledge of the services before they were provided and encouraged the performance of the Project. 23. Defendants 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 Defendants, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF: Amount past due: $3,041.00 Court Costs: $ 55.00 Service Costs: $ 125.00 Attorney's Fees: 9$ 1230 Total: $4,106.80 KRZYWICKI & DATE: October 2, 2006 By: TES New bWpe, PA 18938 (215) 862-4390 Attorneys for Plaintiff VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., 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 2, 2006 KRZYWICKI, ESQ. UGI UTILITIES, INC. HOME IMPROVEMENT INSTALLME T,C NT,RACT ;v 6193 TYPE OF SALE (5-16) CUSTOMER ACCT. ??NO. ?? 17 (18-23) INVOICE NO. CREDIT APPROVAL CUSTOMER TEL. NO GAS V/Cf . ORDER N PANS. NO H SALES REF p 31 Zip3 6 8 41 NEW C] REP'L o EMP 0 B ORDER DEL ONLY ? PICK-UP ? DROP SHIP &I? 20 02 BUYER refers to all persona signing this Contract as Buyer (celled You, Your an Date of Contract: Yours): CREDITOR (called Seller or We, Us and Our): euvER I I INI NAME AND ADDRESS: 17 'B UGI UTILITIES, INC. Name Address City Zip Code State DISCLOSURE OF YOUR CR ANNUAL FINANCE Amount PERCENTAGE CHARGE Financed RATE The dollar The amount of credit The cost of amount the provided to you or on your credit as a credit will cost your behalf. yearly rate. you. h dule Payments of $ _ EDIT COSTS Total of payments The amount YOU will have paid after YOU have made all payments as scheduled. STREET ADDRESS 76 ZIP CODE " CITY. STATE DELIVER -- TO 6 I? Total Sale Price OF AMOUNT FINANCED OF $ ITEMIZATION / Price Receipt l ?` yr The total cost of your . (A) $ App Amount purchase on credit, $/ (1) Less Allow Date including your downpayment $ -**O-Add D & 1 ReC'd by of $ -Is (B) $_70i4k Net Cash Price $ ' Less: (2) Cash Down Payment are due on the _____----- Your payment sc a 20 day of each month beginning SECURITY: You are giving a security interest in the goods you are purchasing. the lesser LATE CHARGES If we receive your payment 10 days or more after the date it is due, we will charge you of 5% of the, Payment or $5.00. PREPAYMENT: 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 ds and you must make all other payments on the same day of each month thereafter. (3) Trade-In (C) $ Total Down Payment (2+3) (D) $Unpaid Balance of Cash Price (B minus C) Other Charges: (E) $ Sales Tax (F) $ J Permit Fees (G) $ Amount Paid to insurance Co. (H)$7,!?t/-Unpaid Balance (amount financed) (D+E+F+G) 3oed'a- (I) $ Finance Charge installation of the goo (j) $ Time Balance (Total of Payments DESCRIPTION 56 (H+I) (K) $ Time Sale Price(Total Sale Price) CONTRACT COVERAGE: We sell and you buy the following MFG. (g+E+F+G+I) 64 Property (include model and serial number) and/or Services. MODEL Pulp C"G PROMISE TO PAY: You promise to pay the Total of Payments according to your payment schedule shown above. ADDITIONAL TERMS AND CONDITIONS OF THIS HOME IMPROVEMENT CONTRACT ARE ON THE BACK. OFF IN YOU READ IT. ADVANCE (2) THE YOU FULL ARE AMOUNT ENTITLED DUE TO AND A UNDER COMPLETELY FILLED-IN COPY OF THIS NOTICE TO BUYER: (1) DO NOT SIGN THIS CONTRACT B PAY BEFORE CERTAIN DIN CO DAMAGE TO PROVISION I CONTRACT. (3) UNDER THE LAW YOU HAVE THE RIGHT A PARTIAL REFUND OF THE FINANCE CHARGE. (4) YOU MAY RESCIND THIS CONTRACT SUBJECT TO LIABILITY FOR A P.M. ON THE BUSINESS THEREOF AUTHORIZED BY LAW NOT LATER THAN FIVES P.M. ON THE BUSINESS DAY FOLLOWING THE DATE THEREOF BY GIVING WRITTEN NOTICE R FIVE F ACTION OR DEFENSES RESCISSION TO THE CONTRACTOR AT HIS PLACE OF BUSINESS GIVEN IN THE CONTRACT BUT, IF YOU RESCIND AFTE FOLLOWIN ,O OTIiE TRANSACTION. ED. TO OFFER DEFENSES IN MITIGATION OF DAMAGES AND TO PURSUE A THAT ARISE OUT 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 FOR AN EXPLANATION OF E THIRD RIGHT. BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE A TACHED NOTI E OF CANCELLATION FORM / - Beyer z e Signature ?,t Buyer's tat Signature / 6, S- - 5 k b!J -7 THIS Seller's Signature / o INSURANCE: Credit lice insurance and credit disability insurance are not required to obtain credit, and insurance wYPrat be provided unless COST you sign and TERM agree to pay the additions SIGNATURE cost. TYPE COST TERM SIGNATURE You want credit disability insurance Credit Disability You want credit life insurance Insurance Mos. Credit Lite Insurance _ Mos incur a Coverage only) Buyer 1's Sgnalure ` LATE PAYMENTS: e rec rve an installment 10 lays or more after the date it is RESULTS OF DEFAULT 1t vn: deiani" due, we may charge you a late charge of the 'lesser of 5% of the msta'Iment or la .rve nave a,l Tile n,ht_ an; remcblc, the Lnrfcrn, Cornmeicia, Code gives 55.00- us n hJmg ',re r?gi?t to rata r the Properly Improvements C trot accordjng PAYMENT IN ADVANCE: You may prepay all of the amount you still owe at any time. If you do, we will refund any unearned finance charge using the rule of 78ths Refund method, subject to a minimum finance charge of $12.00 if we do not earn this amount at the time you prepay. We need not make any Finance Charge refund of less than $1.08. SECURITY: To protect us and to make sure we receive payment on this Contract, you give us the following: (a) a purchase money securiryinterest intile properryimprovement andanything attached to the property. sale of the Property (h) rorr the the prroceds of any nsuante on r it, Improvement, We waive any other security interest or lien which may arise by operation of law, exceptthe lien of any judgement which we may obtain if you do not pay this Contract in accordance with its terms. DEFAULT: You are in default if: (a) you fail to make any payment when it comes due; (b) you make false statement on your credit application; (c) you sell or relocate the Property improvement without our written consent- ACCELERATION: If you default and after 30 days from the date of delivery of any required notice of your right to cure default, we can demand immediate payment of the entire amount you owe minus the part of the finance charge we have not earned figured by the Rule of 78ths. We shall also have the right to keep a minimum finance charge of $12 . acceleatio.Wen ednotmakea 0 nyfinancecharge r efundofless than $1.00.eof (bj We can sell the Property Improvements securing tills on c m the law. an6 you shall pay acy difference bet,, Neel! sales proceeds and ,vhat ycu owe. LAW APPLICABLE: Pennsylvania State Lavv governs th?,s Contract. ATTORNEY'S FEES: If we give this Contract to an attorney for collection, you shall pay reasonable attorney's fees not to exceed 20% of the amount you owe and the court costs we incur. LIMITATIONS ON WARRANTIES: There are no warranties or representations, unless' (at we give you a written warranty in connection with this Contract or (b) we give you a service contractwithin90days from the date ofthisContract. LIQUIDATED DAMAGES: Unless you have cancelled this Contract within 3 business days from its data, you agree that should you refuse or fail to accept delivery of the Property Improvements, then we shall be entitled to liquidated damages in the amount of 10% of the cash price stated in this contract. NOTICE CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS ANY SERVICES OF f THIS THIS HOME PURSUANT IMPROVEMENT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE OR HOLDER DEBTOR HEREUNDER. SELLER'S ASSIGNMENT AND WARRANTY 20....... to FOR VALUE RECEIVED, the undersigned does hereby sell and assign on ...... ................................................. . .................... • • • """' ""' (Full Corporate Name and Address} .................... hereof he reverse side assnee, signeds ni connect on collect and t forthrabov a and ni I ding the right toendorse any eh ek or draft payable to the undeauthorizes ng sec nd to the contract every title a d interest in or order, r order, all right o to do act and with this obligation. We shall have no authority, without assignee's prior written consent to accept collections or receipts or consent to the return of the property or equipment or modify the terms of this contract. WITHOUT RECOURSE resent act ally was ide one and bona e said contract I wit, That and competent toaexecuteasaidbcontracttedrthee time of thehexecution thereon; that thafproperty which is theuage This d is made timed therein as RECOURSE, Buyer; that said tBo the uyer was off legal waragrantr desc accurate id contra execuleuted by competent the person named therein property ion thereof: e etile ribed i t execute said contact tstaid Btime uyer; that thecaamount recitedlin said contract asThav nghbeen Ireceivedaupon the signing) thereof fader I land a purchased rice at said piroperiy was b been en delpard into the possession of was actually paid in cash castor by property received in trade, at no more than its actual cash value; that seller has complied with all app contract; that said contract is not subject to right of cancellation by the Buyer, that the Seller has the full and complete title to said property subject only to the rights of said Buyer which exist fact I by virtue of said contrct; at the amount sevotts, counterclaims, lackol consideration, fraud, forgery andtalteratione that there have cbeen nocrepresentations or warrantieshmade to said Buyerr which rae not containeddin said contract, uti on is Should balance krus amount ract, [of cont ase all ass a ee, It the ee is a icon 1 ct between the forego nfgt provris ons anTd he. termso of said a any ssgn contract nWefctonsent tforegoing e ensions of payments or warranties be of said contracts which mayhlo madeeby thed from General [Dealer Agreement between uS and the assignee. we agree that he terms of the General Dealer Agreement will control. .......... ............. . . . . . . ...... . . . of . . Deal . e . r) . Name . SELLER .... . ........"--'(C,orporate Firm or Trado . . ..................... ............. ............ " - (Owner, Officer or Firm Member) (SIGN UNDER APPLICABLE PROVISION! NOTICE OF PROPOSED CREDIT INSURANCE The Signer(s) of this Contract hereby takelsl notice that group credit life insurance coverage andiron group credit accident and health insurance coverage will he applicable to this Contract it so marked a the front of this Contract and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the ins er cc ceswill commenceoassefrthe ithe aterthe uest ndeb_tadnesslrr jncuredTandwil exple onathe original scheduled ly testy brine of the indebtedness: purchased. The „ - .. the 1 Jevene oft pepaymenr ebtednessa -nA, itlimnd of ms ence hagelwelrhe moade wheredduobtor a certificate of insurance more fully describing the insurance. In the The insurance carrier will be THE CENTRAL NATIONAL LIFE INSURANCE COMPANY OF OMAHA, Administrative Offices, Peapack, NJ Home Office, Omaha Nebraska. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM IO WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE IF FAIL OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. YOU TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO S0, THEN YOU U REMAIN N L L IABLE FOR PERFORMANCE OF ALL ER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER W RITTEN NOTICE, OR SE OBLIGAITONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIV A TELEGRAM, TO NOT LATER THAN MIDNIGHT OF (Date) AT _ -ii -- -- (Address of Seller's place of Cusinese) 1 HEREBY CANCEL THIS TRANSACTION. .- .__,__„_?----- -'---?--- (Buyer's Signature) -- -?- -"-._ (Date) ?j CJ q, 1 N W C' G N C? c-? co Co om SHERIFF'S RETURN - REGULAR CASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS JOHN C the DEFENDANT at 1545:00 HOURS, on the 14th day of November 2006 at 5225 WILSON LANE APT 3113 MECHANICSBURG, PA 17055 by handing to JANE C THOMAS, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.207 11/15/2006 ( KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR iCASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T? T Tn r+ T T LT /I Ll Ll rrTjrIMT C the DEFENDANT , at 2030:00 HOURS, on the 27th day of October 2006 at 79 GREENWOOD CIRCLE WORMLEYSBURG, PA 17043 by handing to THOMAS KITCHHOFF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 30.08/ 11/15/2006 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR 'CASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KIRCHHOFF STACI D the DEFENDANT , at 2030:00 HOURS, on the 27th day of October 2006 at 79 GREENWOOD CIRCLE WORMLEYSBURG, PA 17043 THOMAS KIRCHHOFF, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00r Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00- 16. 11/15/2006 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: /,,/ i before me this day e t r e iff of A.D. KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, 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. John C. Thomas, Thomas W. Kirchhoff and Staci D. Kircchoff, Defendants Court of Common Pleas Cumberland County Civil Action No. No. 06-6097 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendants, Thomas W. Kirchhoff and Staci D. Kirchhoff ONLY without prejudice, upon payment of your cost only. KRZYWICKIX ASSOCIATES DATED: December 21, 2006 BY: ArythW P . Itrz i A rnev for Plaintiff V W (V? V C)D .-?, .tea p CP SHERIFF'S RETURN - REGULAR w CASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon KEECH WAYNE the WITNESS , at 1520:00 HOURS, on the 4th day of December-, 2006 at 3912 MARKET STREET CAMP HILL, PA 17011 by handing to HEATHER HYATT, ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32 ? 12/06/2006 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy heriff of A.D. SHERIFF'S RETURN - REGULAR i .., CASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA the SELECT PLATMUN SETTLEMENT SERVICES LLP was served upon WITNESS at 1520:00 HOURS, on the 4th day of December , 2006 at 3912 MARKET STREET CAMP HILL, PA 17011 HEATHER HYATT by handing to ADULT IN CHARGE a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Mfr Surcharge 10.00 R. Thomas Kline .00 16.00 12/06/2006 KRZYWICKI & ASSOCIATES Sworn and Subscibed to By: ?11? before me this day Deputy S eriff of , A. D. 3400UH In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John C. Thomas Defendant Thomas W. Kirchhoff Defendant Staci D. Kirchhoff Defendant Civil Action - In Law No. 06-6097-CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilities Inc. vs. John C. Thomas Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, John C. Thomas for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: $ 3041.00 Fees: $ 912.30 Court Costs: $ 125.00 Service Costs: $ 55.50 TOTAL $- 4133.80 together with interest thereon from the date of judgment forward and all costs of this action. 3400UH I hereby certify to the best of my knowledge and belief as follows: 1. The true and correct address of the Plaintiff, UGI Utilities Inc., is 225 Morgantown Road, Reading, PA 19612-3009. 2. The true and correct address of the Defendant, John C. Thomas, is 5225 Wilson Lane,Apt.3113, Mechanicsburg, Cumberland County, PA 17055. KrzywickiXnd,Associates DATED: February 15, 2007 By: 49 Nor S ga oad P. ox New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 '?.+-er'r',-7 t4A SHERIFF'S RETURN - REGULAR CASE NO: 2006-06097 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS THOMAS JOHN C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS JOHN C the DEFENDANT , at 1545:00 HOURS, on the 14th day of November-, 2006 at 5225 WILSON LANE APT 3113 MECHANICSBURG, PA 17055 by handing to JANE C THOMAS, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/15/2006 4 KRZYWICKI & ASSOCIATES By: A. D. CI I 3400UH In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John C. Thomas Defendant Thomas W. Kirchhoff Defendant Staci D. Kirchhoff Defendant TO: John C. Thomas 5225 Wilson Lane,Apt.3113 Mechanicsburg, PA 17055 Date: January 4, 2007 Civil Action - In Law No. 06-6097-CIVIL TERM NOTICE You are in default because you have failed to enter a written appearance personally or by an attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Krzywicki aR-d-As)sociates By: Anzn y r zcxi 49 o n Road P. ox 05 New Hope, PA 1893 215-862-4390 Attorney for Plain 'ff Attorney I.D. 23754 3400UH In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John C. Thomas Defendant Thomas W. Kirchhoff Defendant Staci D. Kirchhoff Defendant Civil Action - In Law No. 06-6097-CIVIL TERM The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, John C. Thomas, in this matter was mailed to the defendant after the default occurred and at least ten days prior to the filing of the praecipe for entry of judgment pursuant to Pa. R.C.P. 237.1. True and correct copies of that notice is attached hereto and made a part of this certification. Krzywicki a;-idAssociates DATED: February 15, 2007 By: Ant P zywic i 49 rth gan Roa P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 3400UH In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff Civil Action - In Law vs John C. Thomas Defendant(s) No. 06-6097-CIVIL TERM AFFIDAVIT OF SERVICE STATE OF COUNTY OF SON SS. I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to Pa. R.C.P. 237.1 on Defendant(s), by first class mail on 01/04/2007. f> Anrnony P. xrzywicKi Attorney for Plaintiff, Krzywicki and Associates P.O. Box 505 New Hope, PA 18938 PA ID# 23754 215-862-4390 SWORN TO AND SUBSCRIBED BEFCRE/ME THIS DAY OF ary Pur_ylic COMINOPMMI ALTHOFMANSYLVAMA NOTARIAL SEAL' Catherine Rom:Ma Mm. Notery Pubic Sole &4$ cwtv My Commis?ibn Mardi 30.2010 34000H In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John C. Thomas Defendant Thomas W. Kirchhoff Defendant Staci D. Kirchhoff Defendant Civil Action - In Law No. 06-6097-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Y ss. COUNTY OF N I, Anthony P. Krzywicki, being duly sworn according to law, deposes and state that I am a representative of UGI Utilities Inc., 225 Morgantown Road, Reading, PA 19612-3009, Plaintiff herein, and as such state the following: 1. The defendant, John C. Thomas, is not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The defendant, John C. Thomas, is more than 18 years of age and currently resides at 5225 Wilson Lane,Apt.3113, Mechanicsburg, PA 17055. 3. I have ascertained the above informatlep by personal investigation and make this affidavit with;?hority. Swor o and subscri me s day of F ary runii befo ary 2i QNUMWEAIT" OF rENNlYLVANIA C,stw ine Ross-MacaJZSNotery Pubic Solebury Twp . Buy r - C%j* Commission Expires #14030,2010- ?o ?4. y r . t 3400UH OFFICE OF THE COURT OF COMMON PLEAS TO: John C. Thomas 5225 Wilson Lane,Apt.3113 Mechanicsburg, PA 17055 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utilities Inc. Plaintiff vs John C. Thomas Defendant Thomas W. Kirchhoff Defendant Staci D. Kirchhoff Defendant Civil Action - In Law No. 06-6097-CIVIL TERM 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. (XX ) Judgment ( ) Money Ju ( ) Judgment ( ) Judgment ( ) Judgment ( ) Judgment ( } Judgment by Default 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: 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 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 50_) New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. 06-6097 Civil Term JOHN C. THOMAS, ARBITRATION THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, UGI Utilities Inc., moves the Court to enter an order in the form attached, directing Defendant, John C. Thomas, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, John C. Thomas, on January 6, 2009. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, John C. Thomas, have been received by Plaintiff as of the date of this motion. WHEREFORE, Plaintiff, UGI Utilities Inc. respectfully requests the Court to enter an order-directing Defendant, John C. Thomas, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, DATED: March 30, 2009 By KRZYWICKI & ,?SOCIATES KRZYWICK I & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. 06-6097 Civil Term JOHN C. THOMAS, ARBITRATION THOMAS W. KIRCHHOFF and : STACI D. KIRCHHOFF, : Defendants. MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, UGI Utilities Inc., to recover sums due from damages to their property. Plaintiffs Interrogatories directed to Defendant, John C. Thomas, were served on Defendant on January 6, 2009. Plaintiff has received no answers or objection to Plaintiff's Interrogatories directed to Defendant, John C. Thomas, no answers have been produced and no extension of time to answer has been requested by the Defendant. II. DISCUSSION Defendants' failure to answer Plaintiffs Interrogatories directed to Defendant, John C. Thomas, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a) (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally, Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make ...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co., 268 Pa. Super. 245, 407 A.2d 1338 (1972), the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order, in the form attached, directing Defendant to comply with Plaintiff s discovery requests. Respectfully submitted, DATED: March 30, 2009 BY: KRZYWICKI & ASS?DCIATES LAW OFFICES KRZYWICKI & ASSOCIATES P. 0. BOX 505 NEW HOPE. PA 18938 (215) 862-4390 FAX: (215) 862-4393 SECOND REQUEST January 6, 2009 John C. Thomas 5225 Wilson Lane, Apt. 3113 Mechanicsburg, PA 17055 Re: UGI Utilities Inc. vs. John C. Thomas, et al Civil Action No.: 06-6097 Civil Term Our File No. 3400-UH Dear Mr. Thomas: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular snail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorneys for Plaintiff APK/srr encl. cc: Court of Common Pleas Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., Plaintiff, vs. JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. Civil Action - In Law No.: 06-6097 Civil Term INTERROGATORIES TO DEFENDANT, JOHN C. THOMAS FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, UGI Utilities Inc. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; C. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with UGI Utilities Inc. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES Dated: August 5, 2008 BY: Anthony P. Krzywicki, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., Plaintiff, vs. JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. VERIFICATION Civil Action - In Law No.: 06-6097 Civil Term I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification to authorities. Dated: Defendant 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 deliver via First Class Mail to the following: John C. Thomas 5225 Wilson Lane, Apt. 3113 Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: August 5, 2008 Anthony P. Krzywicki, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. John C. Thomas 5225 Wilson Lane, Apt. 3113 Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES DATED: March 30, 2009 ,-' By: P. iates PQ_Be?k 505 New Hope A 18938 (215) 862-4390 Attorney for Plaintiff Attorney ID 23754 FILE " }CF OF THE PRORMTARY 2009 APR -1 F14 12o. 4,5 C B&I-LX•4D COUNTY Ma"Yi IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., vs. Plaintiff, Civil Action - In Law No. 06-6097 Civil Term JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, ARBITRATION Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Motion to Compel Discovery in the above matter, addressed to Defendant, John C. Thomas, at his last known address, which is 5225 Wilson Lane, Apt 3113, Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March -40, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI jeAS S OCIATES By: , Esquire Sworn to before me this 3 OAJ-Nday of , 2009. NOT Y PUBLIC NOTARIAL, SEAL AMY M GLASGOW Notary Public SOLEDuRY TWP, sum COUNTY My Commission Expires, Mar-14,:4012 'Alto for P tiff P Box 5 New Hop 18938 Attorney ID No. 23754 (215) 862-4390 • Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS®tor madinq. This Wm may be used ter domestic and international mail. From: To: ? I1N"WSMM PIOS'1niSERVICE PS Form 3817, April 2007 PSN 7530-02-000-9065 To pay fee. affix stamps or 9 ? & AWSOCU 1 L' S EIMYWM ., a +`. w KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, Civil Action - In Law vs. No. 061-6097 Civil Term JOHN C. THOMAS, ARBITRATION THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. : AMENDED MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, UGI Utilities Inc.., moves the Court to enter an order in the form attached, directing Defendant, John C. Thomas, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served interrogatories directed to Defendant, John C. Thomas, on January 6, 2009. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, John C. Thomas, have been received by Plaintiff as of the date of this motion. 3. A Judge has not ruled upon any other issues in this matter. 4. There is no opposing counsel of record. 1 r WHEREFORE, Plaintiff, UGI Utilities Inc. respectfully requests the Court to enter an order-directing Defendant, John C. Thomas, to comply with Plaintiff's discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, DATED: April 3, 2009 B KRZYWICK][ & ASSOCIATES ZGO9 r Mt( U ? 11'UWG IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., VS. Plaintiff, Civil Action - In Law : No. 06-6097 Civil Term JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. ARBITRATION ORDER AND NOW, this t^y of , 2009, upon consideration of Plaintiff's Motion to Compel Discovery, it is hereby ORDERED AND DECREED: a. Defendant, John C. Thomas, is directed to provide full and complete answers to Interrogatories within thirty (30) days of the date of this Order; and b. Defendant, John C. Thomas, is required to respond fully and completely to each discovery request item by item, in accordance with the Rules, within thirty (30) days of the date of this Order; and C. Defendant, John C. Thomas, is required to produce for inspection and copying by Plaintiff all documents responsive to Plaintiff's document request within thirty (30) days of the date of this Order; In the alternative, may file within ten (10) days of service hereof a motion for hearing. BY THE COURT . '1?kt UVA t i J. V!N I1?L??I i'Ae l / F3 IL . 'if?$4?? l 1 °- I :Z Wd 9 ! 8jv 6901 llGiY? J^i"V l' t;:5tli fiI j0, r • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES INC., Plaintiff, vs. Civil Action - In Law No. 06-6097 Civil Term JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants ARBITRATION AFFIDAVIT OF SERVICE By: KRZYWICKI BKASSOCIATES for STATE OF PENNSYLVANIA ) ss.: COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Order for Plaintiff's Motion to Compel Discovery in the above matter, addressed to Defendant, John C. Thomas, at his last known address, which is 5225 Wilson Lane, Apt 3113, Mechanicsburg, Pennsylvania, 17055, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on April 21, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. Sworn to before me this LL^ day of 6 _ 2009. NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY MY Comminion Expires Mar 11. 2012 New H PA 1893 Attorney ID No. 23 (215) 862-4390 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 0 0 Received From: C) KUYMaU & ASSOCIATES One piece of ordinary mail addressed to: Mr. John Clb0-r,a5 `CD? S-2- 7-S- GO') I vy) L Q 14:4 11 -1 nA-?1??5? oo PS Form 3817, January 2001 TAR. 2009 APR 27 PM W: c l QTY , 5 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 Tr '? y! ?IC . t"T I!j'2 JA'q 23 Fib 32: 1 CUMBERLAND ,iUjy RE N YLVAiilA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., Plaintiff, vs. JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Civi 1 Action - In Law No.: 06-6097 Civil Term Defendants. MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, UGI Utilities Inc., moves the Court to enter an order in the form attached, directing Defendant, John C. Thomas, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, John C. Thomas, on June I, 2011, August 17, 2011 and December 7, 2011. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, John C. Thomas, have been received by Plaintiff as of the date of this motion. 3. A Judge has not ruled upon any other issues in this matter. 4. There is 110 opposing counsel of record. WHEREFORE, Plaintiff, UGI Utilities Inc. respectfully requests the Court to enter an order-directing Defendant, John C. Thomas, to comply with Plaintiffs discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. Respectfully submitted, a DATED: January 20. 2012 By? KRZYWICKI &-A7CIATES_ P.C. 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., Plaintiff, vs_ Civil Action - In Law No.: 06-6097 Civil Term JOHN C. THOMAS. THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants MEMORANDUM IN SUPPORT OF PLAINT'IFF'S MOTION TO COMPEL DISCOVERY 1. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, UGI Utilities Inc., to recover sums due from damages to their property. Plaintiffs interrogatories directed to Defendant. John C. Thomas, were served on Defendant on June 1, 2011, August 17, 2011 and December 7. 2011. Plaintiff has received no answers or objection to Plaintiffs Interrogatories directed to Defendant, John C. Thomas, no answers have been produced and no extension of time to answer has been requested by the Defendant. It. DISCUSSION Defendants' failure to answer Plaintiff's Interrogatories directed to Defendant, John C. Thomas, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a) (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally. Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co.. 268 Pa. Super. 245, 407 A.2d 1338 (1972). the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order. in the form attached, directing Defendant to comply with Plaintiff's discovery requests. Respectfully submitted, DATED: January 20, 2012 BY: KRZYWICKI & ASSOCIATES. P.C. EXHIBIT A LAW 01-FICES KRZYWICKI & ASSOCIATES, P.C. P. o. BOX 50i NBV 11017. PA 18938 (215) 862-4390 FAX- (215) 862-4393 June 1.201 1 Mr. John C. Thomas 5225 Wilson Lane, Apt 3113 Mechanicsburg. PA 17055' RE: UGI Utilities Inc. vs. John C. Thomas Civil Action No.: 06-6097 (Cumberland County) Our File No.: 3400 UH Dear Mr. Thomas: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary .Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale. to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to criminal penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (1) a party fails to serve answers. sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES. P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff APK/aing Enclosure cc: D. Mark Thomas, Esquire 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 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., Plaintiff, vs. Civil Action - In Law No.: 06-6097 Civil Term .JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. INTERROGATORIES TO DEFENDANT, JOHN C. THOMAS FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff,. UGI Utilities Inc. through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 31 17, 4005 and 1006 within thirty (30) clays from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been ]clown or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and identify such real estate by state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others. including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the ' exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number. and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in frill any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name. address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein. the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; C. inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests: e. uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid: f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with UGI Utilities Inc. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES, P.C. Dated: June 1, 2011 BY: Anthony P. Krzywicki, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES. INC.. Plaintiff, vs. Civil Action - In Law No.: 06-6097 Civil Term JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct. and I understand that any false statements made herein are made subject to the penalties of 18 PA. C. S. 4904 relating to unsworn falsification to authorities. Dated: Defendant CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the toregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. John C. Thomas 5225 Wilson Lane, Apt 3113 Mechanicsburg, PA 17055 D. Mark Thomas, Esquire Thomas, Long, Niesen & Kennard P.O. Box 9500 Harrisburg, PA 17108-9500 KRZYWICKI & ASSOCIATES, P.C. DATED: June 1. 2011 Anthony P. Krzywicki, Esquire Attorney for Plaintiff LAW OFFICES KRZYWICKI & ASSOCIATES, P.C. 1'. O. BOX 505 NEW 1IOPE. PA 18938 (210862-4390 FAX: (21 5) 862-4393 SECOND REQUEST August 17, 2011 Mr. John C. Thomas 5225 Wilson Lane, Apt 3113 Mechanicsburg, PA 17055" RE: UGI Utilities Inc. vs. John C. Thomas Civil Action No.: 06-6097 (Cumberland County) Our File No.: 3400 UH Dear Mr. Thomas: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in filll in the spaces provided.. or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to criminal penalties as provided. and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received. the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution. may. for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Parh?. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory. the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (1) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule. may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff APK/amg Enclosure cc: D. Mark Thomas, Esquire LAW OFFICES KRZYWICKI & ASSOCIATES, P.C. P. o. BOX ?0? NF_.W IIOPF. PA 18938 (210862-4390 FAX: (215) 862-4393 THIRD REQUEST December 7. 2011 Mr. John C. Thomas 5225 Wilson Lane, Apt 3113 Mechanicsburg, PA 17055' RE: UGI Utilities Inc. vs. Jol-iri C. Thomas Civil Action No.: 06-6097 (Cumberland County) Our File No.: 3400 UH Dear Mr. Thomas: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in frill in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to criminal penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punislunent in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received. the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions unposed by law. RULE 3117. Discoven, in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution. may. for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (l) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory. the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule. may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES. P.C. Anthony P. Krzywicki. Esquire Attorney for Plaintiff APK/amg Enclosure cc: D. Mark Thomas, Esquire 4 ? CERTIFICATE OF SERVICE 1. Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. John C. Thomas 5225 Wilson Lane, Apt 31 13 Mechanicsburg, PA 17055 DATED: January 20, 2012 By: New Hope, PA 1893 (215) 862-4390 Attorney for Plaintiff Attorney ID 23754 KRZYWICKI & ASSOCIATES, P.C. UGI UTILITIES, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN C. THOMAS, _ , THOMAS W. KIRCHHOFF AND STACI D. KIRCHHOFF, DEFENDANTS NO. 06-6097 CIVIL=' ORDER OF COURT AND NOW, this 26th day o f January, 2012, upon consideration of UGI Utilities, Inc.'s Motion to Compel Discovery filed against Defendant, John C. Thomas; IT IS HEREBY ORDERED AND DIRECTED that: 1. Defendant, John C. Thomas, shall provide full and complete Answers to the Plaintiff's Interrogatories on or before March 2, 2012; 2. Should the Defendant, John C. Thomas, fail to provide the requested discovery, a hearing/argument on the matter will be held on Monday, April 16, 2012, at 10.30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the request for sanctions to include attorney's fees will be considerE.,d. By the Court, M. L. Ebert, Jr., J. ,/'Anthony P. Krzywicki, Esquire Attorney for Plaintiff ?John C. Thomas Defendant bas 00 t,., ?A Al t, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI UTILITIES, INC., vs. Plaintiff, JOHN C. THOMAS, THOMAS W. KIRCHHOFF and STACI D. KIRCHHOFF, Defendants. Civil Action - In Law No.: 06-6097 Civil Term PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROTHONOTARY: r C A r c ._ ? c- := 'CD - Kindly mark the Motion to Compel of Defendant, John C. Thomas, filed on or about January 23, 2012, WITHDRAWN in the above-captioned Civil Action. KRZYWICKI DATED: April 13, 2012 BY: New Hope PA 1893 (215)862-4390 Attorney I.D. 23754 TES, P.C.