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Home My WebLink About01-3283In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff VS. Ashley C. Knosky Defendants 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 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 SHOULD TAX{E THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR C3kNNOT 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 In the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilities Inc. Plaintiff vs. Ashley C. Knosky Defendants Civil Action - In Law No.m/. COMPLAINT 1. This is an action by plaintiff, UGI utilities Inc., to recover damages from defendant arising out of a debt defendant owes to plaintiff by virtue of appliance 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. 3. Defendant, Ashley C. Knosky, is an adult individual residing at 6056 Edward Drive, Mechanicsburg, PA 17055. 4. At all times relevant hereto, the business of producing, furnishing, utility service and selling appliances COUNT 1 UGI Utilities Inc. vs. Ashley C. Knosky plaintiff was engaged in supplying and distributing to persons and businesses who requested utility service and appliances in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission. 5. On or about November 29, 1999, plaintiff sold three space heaters to Ashley C. Knosky. The cost of the appliances were $3,193.04, cost of installation was $2,075.00. (3) 6. Attached as Exhibit A are copies of the purchase contracts. 7. The appliances provided by the plaintiff to the defendants aforesaid, were received, accepted, and utilized for the benefit of said defendant. 8. Defendant is in default of her obligation, having failed to make the payments as they became due. 9. 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. 10. 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). 11. Defendant has been unjustly enriched by accepting and using the appliances 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: $4,768.04 Court Costs: $ 45.50 Service Costs: $ 100.00 TOTAL $4,913.54 DATED: May 24, 2001 By: Respectfully submitted, Krzywicki and Associates Krzywicki Road New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, James R. Gallagher, 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 true. This statement is made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswom falsification to authorities. Dated: UGI Utilities, Inc. JameYR. Oallagher UGI UTILITIES, INC. .. .OME ,MP.OVEME.T ,.ST^LLME.T CO.T.^CT CREDITOR (called Seller or We, Us and Our): NAME AND A~DRESS: UG UTILITIES, iNC. ANNUAL pErCENTAGE -CHARGE RA1~ "file dollar your credit as a credit will cost yea~ rate. you. .% $ ycx.rr payment schedule day of each month beginning DISC LO'SURE OF YOUR CREDIT'COSTS Rnanced ",me amount of cr~dk orovJded to you or on -' ~ur behalf. pa~nt~ The amount ~u ~ll have oaid after '/eu have' made afl pay~ as $ Payments of $ am due Yours): Total Sale pri~e ITEMIZATION OF AMOUNT FINANCED OF $ including youz $ ,=.~ (1) Less Allow Date /u ",~'~' downpayment $ ~,.~ ~Add D & I IRec,dby of $ is (B) $,1~'~'~ Net Cash Price $ $ /(~-~Less: (21 Cash Down Payment (3) Trade-In 0~ the {el $ /OU Total Down Payment (2 + 3) ., 19. (D) $ ~[~'f Unpmd Bmance of Cash Price (B minus C) Other Charges: (E) $ Sales Tax (F) $ -- Permit Fees (G)$ -'" Amount Paid to Insurance Co. (H)$ ~ ~/z/Unpaid Balance (am°unt financad) (D~-E+F+Gb - - (I) $ ,.Finsnce Ch~e (j) $ ..TIme E~n~e(Tm~ of Payments) (H+I) (K) $ Time Sa~ P~ce(Tof~ $~e Pr~e) ~-- ~, ~ ~ (B+E+F4~+I) NSTRUCTIONS (DATE SCHEDULED:) (SCHEDULED BY:) KEY ABOVE INFORMATION OBTAINED FROM aa SALES FLOOR ~ d -- VISIT TO JOB NORMAL [] ' SPECIAL [] INSTALLATION LOCATE APP. SAME AS OLD [] CLASSIF. OFFICE US J"--~B CODE ACCOUNT BMIBI.T A APPROVED BY: . "' UGI UTILITIES, INC. HOME IMPROVEMENT INSTALLMENT CONTRACT .-'Lc- ...? ...~ ~.04-002 Rev 6/93 TYPE OF SALE /*~ ~'~-' i'~' I I I ' "" O & ~ ~ DEL ONLY ~ PiCK-UP ~ DROP SHiP ~ NEW ~ REP'L CUSTOMER TEL. NO SALES ORDER 084.150 Date of Contract:, ~'/ /, 19 C~EDITOR (called Seller or W~, Us and Our): NAME AND AOORESS: UGI UTILITIES, INC. BUYER refers to iii persons signing this Centrect as Buyer (called You, Your and Yours): . .~ 2/. ~../._! fA) CITY. STATE 75 ZIP CODE DISCLOSURE OF YOUR CREDIT COSTS TO .' .. ' ANNUAI~ FINANC~ PERCENTAGE CHARGE RATE The dollar year[,/rate, you. % $. day of each month beg~ning Meant 1brai of Financed The amount you will The amoJm of crad[t ha~e paid after you o~OWded to vou or on ~ made all ,,~Jr behalf. ~ as $ Payments of $ ' Total ~ta Price of $ is are due o~ the 19 INSTRUCTIONS (DATE SCHEDULED:) (SCHEDULED BY:) KEY ABOVE INFORMA~ON OBTAINED FROM SALES FLOOR VISIT TO JOB rTEMIZATION OF AMOUNT FINANCED OF $ /'$ '~"~_~Add D & I" Date ·. ; ,;-?_ (Al $~'/ ~ ,a ADcl. Price Receit~t~, c - $__,(1] Less Nlow (B) $ -----Net Cash Price $ ,/"~! Less: (2) Cash Down Payment (3) Trade-in (C) $ /d.,.<J Total Down Payment (2 + 3) (D) $ %{-,~'t Unpaid Balance of Cash Price {B minus C) Other Charges: (E) $ Sales Tax (F) $ Permit Fees (G)$ ~ Amount Paid to insurance Co. (H)$ ~.".0 Unpaid BaJancelamount financed} (D+E+F+G - - (I) $ Finance Charge ~"'-/~/'-','~, .P _ (J) $ Time(H+l] Balance(Tmal of Payments) '~' ~ (K)$ Time Sale Price(Total Sale Price) {B+E+F+G+I) igV- i,. , .sl.o .OR.ALO PEC,ALO4 USING GAS [~ -- iNSTALLATION SALE CLASSIF. OFFICE USE FUEL LINE OLD APP. DO R SERVICE IN [] [] NEEDED [] [] LEAVE THERE [] D & I~ ' JOE CODE HOT JUNK LOCATE APP. METER APP. [] [] WATER IN [] [] RET. TO ST. RM. SAME AS OLD [] ACCOUNT NO. FUEL FUEL ~ RELOCATE [] UNE IN [] ~' ADDL APPL [-L ~ ' REPL SEE CUSTR.[] UGI UTILITIES, INC. HOME IMPROVEMENT INSTALLMENT CONTRACT I I I ~-~t/z~ I'~/~-/Icao ~.."'. ~3 & I [] DEL ONLY [] PICK-UP E]"'"DROP SHIP [] NEW [] REP'L [] EMP [] SALES ORDER 084151 Bate ef Castract: ~'~ /~' .lCd'~' CBEDITOR {cslled Seller or We, Us mod Our): DAME ANO ADDRESS: UGI UTILITIES, INC. DISCLOSURE OF YOUR CREDIT COSTS BUYER relers t~ all i~rsens signiag this Centrmct as Buyer (called Yeu. Yam aed You.i: I"'~'"l~'f"bl I I III I11 I I I111 ~ ANNUAL ~&~ % IqN&NCE "R~e dollar amount the credit will cost you. $ Amount ~3ur Total of Payments Totnl Sab Pri~e purchase on credit. including your of $ is Payments of $ are due on the .19 , NSTRUCTIONS (DATE SCHEDULED:) ITEMIZATION OF AMOUNT FINANCED OF $ · $ (1) Less Allow Dam A ~; ~ ' ;~A~I Price (B) $ -" ' ~r,~t cas. Price $/~ '~ Less: (2) Cash Down Faymen! (3) Trade-In (C) $ /Od Total Down Payment (2 + 3) (D) $ ~ ~"Unpaid Balance of Cash Price (B micus C) KEY ~u ~.-~4/ ~3/ ~ ~ (J) $ Time Balence(Total of Paym~ts) (H+I)' Total ~ .¢1~),$ __ .Time Sale Price( Sale Price) ABOVE INFORMATION SALES FLOOR [] OBTAINED FROM VISIT TO JOB. b-_-_-_-_-_-_-_-_-~ I YES I NO NORMAL[] . SPECIAL [] TYPE . USING GAS ~ INSTALLATION SALE CLASSIF. OFFICE USE FUEL LINE OLD APP. DO . B . JOB cODE ': SERVICE IN [] [] , NEEDED [] [] LEAVE THERE [] D & I R ' METER APP. [] []' HOT A£;COUNT NO ;. 'WATER IN [] [] - JUNK LOCATE APP. : · RET. TO. ST. RM. SAME AS OLD [] ,,¢:/~... B - · '~" '" FUEL - REL(~JO~ '- ' .,. :.~ UNE IN [] [] ADDL APPL [] [] R~I~'' SEE CUSTR. ' :'-~'"- _ SFECIAL INSTAI. LATION I INSTRUCTIONS ..... ,-EXHIBI:i, A 1 : · ' UG~ UTILITIES, INC. ~' PENNSYLVANIA SECURITY AGREEMENT -". /Z-~y~ J ~-04-~ Rev 6/93 TYPE OF SALE ' / SALES III~ZSl/'Z~l~'/I~'~6o ' I"l O ~' I [] DEL ONLY [] PICK-UP ~ DROP SHIP [] NEW [] REP'L [] EMP []" SALES ORDER CREDITOR (oulbd Smiler or V~, Us and Our): NAME AND AO~]RESS: UGI UTILITIES, INC. BUYER refers to all ~rsoou signing this Cou~fast as Suyer (called You, Your am Yours): DISCLOSURE OF YOUR CREDIT COSTS ANNUAL FINANCE PERCENTAGE CHARGE RATE Tha dollar The cost of amount the your credit as a credit will cost yearly rate. you, % $ Your payment schedule day of each month beginning INSl~UCTIONS (DATE SCHEDULED): FInanced The amount of credi~ provided to you or on your behalf. Payments The amount you will have paid after you have made all payments as ~hedulad. Plaid I I I I I I I I I I I I Total Sale Price Tho tstol cost of ymJr purchase on credit. including your downpayment of $ ia Payments of $ ., are due on the I'rEMIZATION OF AMOUNT FINANCED OF S ~ $' ~ AddD~l JR ' ecd by /. ~B') $ /~NetCaahPdce I $"2'-.~ t) Less: (2) Cash Down Payment (3) Trade-in (C) S ~ ~ 0 Total Down Payment (2 + 3) (D) S 4~-'~,L~.~ Unpaid Balance of Cash PNoe / 2.~'z_~ (R minus C) Other Charges: (E) $ .. ~Sales Tax (F) $ ! ~-~',~°~'ermit Fees (G) $__ Amount Paid to insurance Co. (H) ~h~a d Ba anco (amount financed) ~,~ (D+E+F+G) ~ tJ'"'~'~"~' ~i~.V,. (I) S__Finance Cha~e L , (J) $ ~me Balance (To~l of Paymen=) ABOVEINFOR~ON ~S FLOOR ~ ~/'c' ~,,~ C ~ X,~C. , J Yes J NO NORMAL [] SPECIAL [] TYPE USING GAS ~ INSTALLATION SALE /~-.,,~.~l-~v/'~'/ '" CLASSIF. OFFICE USE FUEL UNE OLD APP. D O R JOB CODE SERVICE IN [] [] NEEDED r'] [] LEAVE THERE [] D & I HOT JUNK [] LOCA'~ APP. METER APP. [] [] WATER IN [] [] RET. TO ST. RM. [] SAME AS OLD [] ACCOUNT NO. FUEL FUEL RELOCATE [] UNE IN [] [] ADDL APPL [] [] REPL ~ SEE CUSTR. SPECIAL INSTALLA~ON J INSTRUC~ONS 'B#IBIT A · I APPROVED BY: I SHERIFF'S RETURN - CASE NO: 2001-03283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS KNOSKY ASHLEY C REGULAR RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon KNOSKY ASHLEY C the law, DEFENDANT , at 1939:00 HOURS, on the 4th day of June , 2001 at 6056 EDWARD DR MECHANICSBURG, PA 17055 by handing to ASHLEY KNOSKY 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 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this ~ day of ! ~z~6thonot ary R. Thomas Kline 06/07/2001 KRZYWICKIBy: & a~~ /Depu/~Sheriff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 UGI UTILITIES, INC., Plaintiff ASHLEY C. KNOSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3283 CIVIL 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, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge S~'eet New Cumberland, PA 17070 (717) 774-1445 UGI UTILITIES, 1NC., Plaintiff ASHLEY C. KNOSKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3283 CIVIL ANSWER AND COUNTERCLAIM Denied. Paragraph 1 is denied as a conclusion of law to which no responsive pleading is due. 2. Admitted. 3. Admitted. UGI Utilities, Inc. vs. Ashley C. Knosky Denied. After reasonable investigation, Defendant is without knowledge as to the troth of said averment and proof of same is requested at trial. Admitted in part. Denied in part. It is admitted that the Plaintiff sold three (3) space heaters to Defendant. It is denied that said sale occurred on November 29, 1999. It is further denied that the cost of the appliances totaled $3,193.04 on the contracts attached as Exhibit A. It is admitted that the installation costs appear to be $2,075.00. Denied. It is denied that the documents attached are full and correct copies of the contracts signed by the parties. o Admitted in part. Denied in part. It is admitted that the appliances provided by the Plaintiff were received and accepted by the Defendant. It is further averred that these appliances were later rejected by the Defendant and Defendant requested the removal of same. It is denied that said appliances ever acted or were utilized for the benefit of the Defendant. 8. Denied. Paragraph 8 is denied as a legal conclusion to which no responsive pleading is due. 9. Admitted. 10. Admitted with the clarification that Defendant denies said are due and owing to the Plaintiff. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no responsive pleading is due. By way of further answer and as set forth in the Counterclaim below and incorporated herein by reference, Defendant has been damaged as a result of the equipment and service provided by the Plaintiff. WHEREFORE, Defendant requests judgment in her favor and against the Plaintiff. 12. Defendant's answers to paragraphs 1 through 11 are incorporated herein by reference. 2 13. Counterclaim Plaintiff/Defendant is a consumer who owns a home located at 6056 Edwards Drive, Cumberland County, Mechanicsburg, Pennsylvania 17050. 14. Countercl.aim Plaintiff/Defendant's home had been heated by electric heat and a wood stove. 15. Counterclaim Plaintiff/Defendant contacted UGI to determine whether any changes could be made to upgrade the heating system of her home to effectuate a more cost effective method of heating. 16. 17. Mr. Bob Hummel, an agent of Counterclaim Defendant, came to Counterclaim Plaintiff's home and formulated a design for renovation of her heating system. On September 21, 1999, Counterclaim Defendant's agent recommended the installation of a direct vent heater with blowers in the whirlpool room, the living room and bedroom, as well as either a 30,000 BTU Vermont casting vented cast iron stove or a 25,000 BTU Vermont casting vent free cast iron stove. A copy of said proposal is attached hereto as Exhibit "A" and incorporated herein by reference. 18. Said proposal also warranted that the heating equipment would be properly sized. 19. The agent of Counterclaim Defendant UGI further asserted that Counterclaim Plaintiff's heating costs using gas for her home, after the completion of the installation, would be approximately $40.00 per month. 3 20. In specific reliance on the representation made by Counterclaim Defendant, Counterclaim Plaintiffentered into a contract for the purchase of the heating equipment specified in UGI's proposal on or about October 18, 1999. Copies of said Agreements are attached hereto as Exhibit "B." 21. Upon installation, there were continued operation problems including, but not limited to, the failure of the Vermont casting fireplace to function. Counterclaim Defendant worked to resolve these problems by later replacing the blowers. 22. After the installation problems were resolved and the system was fully operational, Counterclaim Plaintiff began to incur monthly gas charges far in excess of the estimated $40.00 per month quoted by Counterclaim Defendant's agent. 23. 24. For the period following installation, Counterclaim Plaintiff incurred the following approximate costs for the initial heating year cycle: December, 2000 $41.05 January, 2001 $147.41 February, 2001 $138.30 March, 2001 $208.60 April, 2001 $62.35 May, 2001 $85.22 Because the gas bills were so high, Counterclaim Plaintiff hied to supplement the newly designed system with her existing electric system, thus avoiding any cost savings from non use of the electrical system. 4 25. 26. When the heating season requirements again commenced for the fall of 2001, her bill again did not fall below the stated monthly projection of $40.00 and were approximately as follows: October, 2001 $57.78 November, 2001 $96.08 December, 2001 $121.44 During the above referenced period, Counterclaim Plaintiff's heating bill exceeded the estimated costs for the newly designed system by $598.74. 27. Counterclaim Plaintiff additionally did not incur any annual reduction in her electric bill used to heat her home. Because Counterclaim Plaintiff was also without her wood stove, she incurred additional electric costs. 28. Counterclaim Plaintiff asked for removal of the equipment and repair of the damage to her home caused by the installation. 29. Counterclaim Plaintiff has determined that the cost of repair of the property, after removal of the equipment, will be approximately Four Thousand Three Hundred Dollars ($4,300.00). Counterclaim Plaintiff will also have to procure a new wood burning stove at a cost of approximately One Thousand Two Hundred Dollars ($1,200.00). 30. Counterclaim Plaintiff has also incurred additional utility costs in excess of the stated costs quoted by Counterclaim Defendant at an estimated annual cost of Six Hundred Dollars 5 ($600.00). It is expected and thus averred that this will continue until the system is removed. COUNT I BREACH OF CONTRACT 31. Counterclaim Plaintiff's paragraphs 12 though 30 are incorporated herein by reference. 32. Counterclaim Defendant has breached its agreement with Counterclaim Plaintiff and has failed to design and provide a heating system upgrade which would reduce Counterclaim Plaintiff's heating expense to approximately $40.00 per month. 33. Counterclaim Defendant has breached its agreement by failing to properly size the system for installation at Counterclaim Plaintiff's home. 34. As a direct result thereof, Plaintiff has suffered loss in the sum of Six Thousand One Hundred Dollars ($6,100.00) and said cost shall continue until full removal of the system by the Counterclaim Defendant and replacement of a new system. WHEREFORE, Counterclaim Plaintiff seeks judgment in the amount of Six Thousand One Hundred Dollars ($6,100.00), plus costs and interest. COUNT II BREACH OF WARRANTY 35. Counterclaim Plaintiff's paragraphs 12 through 34 are incorporated herein for purposes. 6 36. Counterclaim Defendant designed and provided equipment which was intended to reduce the heating costs of Counterclaim Plaintiff. 37. The equipment and system designed by Counterclaim Defendant failed to meet the intended purpose. 38. Counterclaim Plaintiffhas been damaged as a result of Counterclaim Defendant's failure to provide equipment sufficient for its intended purposes. WHEREFORE, Counterclaim Plaintiff seeks judgment in the amount of Six Thousand One Hundred Dollars ($6,100.00), plus interest and costs of suit. UNFAIR TRADE PRACTICES 39. Counterclaim Plaintiff's paragraphs 12 through 38 are incorporated herein by reference as if fully set forth. 40. Counterclaim Plaintiff is a consumer and the goods and services provided by Counterclaim Defendant were primarily for Counterclaim Plaintiffs personal, family, and household uses. 41. The goods and services provided by Counterclaim Defendant did not comply with the representations made by Counterclaim Defendant. 7 42. 43. The practices, failures and omission of Counterclaim Defendant described in the Complaint violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201.1, et seq, as descriptive acts inter alia: (iv) (v) (xvi) (xvii) Using deceptive representations.., in connection with goods or services; Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have...; Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard that agreed to in writing; Engaging in any other fraudulent conduct which creates a likelihood of confusion or misunderstanding. Counterclaim Plaintiff seeks treble damages and counsel fees in accordance with the act. WHEREFORE, Counterclaim Plaintiff seeks compensation damages in the amount of Six Thousand One Hundred Dollars ($6,100.00), treble damages pursuant to the Unfair Trade Practices Act, attbmey's fees, plus interest, costs of suit and any and all other relief the court deems appropriate. Dated: Febmary2~, 2002 Respectfully submitted, ~5 ~;bB~n~ tp~tS u 11 iv a n, Esquire New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant/Counterclaim Plaintiff 8 EXHIBIT "A" September 21,1999 Mrs. Ashley Knoskey 6056 Edward Dr. Mechanicsburg,PA 17055 Dear Ashley, Thank you for considering UGI Utilities Inc., your single source contractor for upgrading your heating system. Upon my recent visit to your home, my recommendations are as follows: To provide all labor and materials to install the following equipment: One (1) Empire DV-210,10,000 BTU direct vent heater w/blower;whirlpool roam $1059.00 ,~,~,~_.. One(l) Empire DV-210 in bedroom $960.00 ~L~ One(1 ) Empire DV-215,15,000 BTU direct vent heater w/blower in living room $1093.00 ..One(l) Vermont Oastings vented caSt iron stove,30,000 Btu,s,w/chimney,~ hner(flat black) $1846.0.0 ,include~3~ai:E~'~/'~ .,--i 0'~ Or, one(~ ) Vermont Oastings.~nffr~.Cast iron stove,25,0~O ' (flat Note;to add a color to either stove;$200.O0 o® O~,{~i:.~), ~:. ~j ~0~ . In addition to purchasing the above outlined heating equipment, UGI also provides the following important benefits: 24 Hour service, 365 days a year. Round the clock availability of a serviceman to talk with, not a recording. Proper sizing of heating equipment. Installation in compliance with Amedcan Gas Association and Fire Protection Codes. Heating equipment tested at UGI's own testing facility. Over 100 years experience in serving your community. WARRANTY INFORMATION UGI shall provide free service for the new equipment for a period of 90 days after installation. The manufacturer shall provide a 10 year warranty on the combustion chamber and a 1-year warranty on other parts. Thank you for thinking of UGI Utilities when considering your purchase. Please feel fmc to call me with any questions you may have on the above proposal. We at UGI look forward to servicing you. Sincerely, Bob Hummel Merchandising Representative (717) 255-1443 Enclosures . UG! UTII "TIES, INC. ~ PENNSYLVANIA Si: 'URITY A REEMENT -o.,,a ~o ,..-~-~..,,...~ha ..,n ,*..aa .*-Ul.I I o.,.. 1'~1083031 I"'~,'"1':1"1 I I I I I I I I I I I I 1 I I I I ~ ~. ,.,.... · -:,,&,,, , INSTRUMENT EXI:CUTED BY YOU WILl: B~RETVRNEID WITHIN 10 B~.'~NE$$ DAy. FOL~VlNG R ~EECcE ~I'NCBEYL.~DE SELLER OF YOUR CAN- WHEN.ECEIVED. ANYGOOD$DEUVE" UUNDERTFHSCCO*"~'T~J~AI' CTORSALE';~YOUMAY~FEYxOPUENW~SEH~NCgI~isPLi~WITHTHE .... ~ ..... ='"' CREDIT COSTS UGI UT'" 'TIES,;INC. HOME IMPROVEMENT I TALLMENT CONTRACT [DIT*COST$ 084150 ~OU MA~'C~N(~E~L~i~I~I~'r~N SAC~IdH.'~tlI~IOI~'~ ~N'~' pE~IA LTY'61~ bB ~I(~ATIbN,'WITfllN THREE BUSIHEB$ DAYS~ROM THE ABOVE DATE IF YOU CANCEL ANY pROPERTy TRADED IH ANY PAYMENTS MADE BY YOU UHDER THE CONTRACT OR SALE, AHO AHY NEOOTIABLE CUSTOMER UGI UTIIITIES, INC.~ HOME IMPROVEMEN'I ... CONTRACT Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 UGI UTILITIES, INC., Plaintiff ASHLEY C. KNOSKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3283 CIVIL I, ASHLEY C. KNOSKY, hereby certify that the facts set forth in the foregoing Answer and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworu falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 UGI UTILITIES, INC., Plaimiff ASHLEY C. KNOSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3283 CIVIL CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the foregoing Answer and Counterclaim, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Dated: Febmary~ , 2002 Anthony P. Krzywicki, Esquire Krzywicki and Associates 49 N. Sugan Road P.O. Box 505 ew ope, PA /~ar/~lli va~, Es qu ire Attorney for Defendant and Counterclaim Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities Inc. : Plaintiff : Ashley C. Knosky : Defendant : CIVIL ACTION NO. 01-3283 NOTICE TO PLEAD ro~ Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED to file an written response to the enclosed Answer to Counterclaim with New Matter within twenty (20) days of service hereof, or a default judgment may be entered against you. BY: Respectfully submitted, Ant~, Esq._. Krzywicki & Associates Anthony P. Krzywicki Identification #23754 P.O. Box 505 New Hope, PA 18938 (215) 862-4390 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities Inc. Ashley C. Knosky Plaintiff Defendant CIVIL ACTION NO. 01-3283 ANSWER TO COUNTERCLAIM 12. All allegations set forth in paragraphs 1 through 11 of Plaintiff's complaint are hereby set forth in answer to the counterclaim. 13. Denied as stated. Defendant is a homeowner who purchased three gas room heaters and one gas fireplace. 14. Admitted. 15. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof id demanded. By way of further answer, Defendant was using cords of wood to heat her house and her purpose was to have a more convenience. 16. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, UGI did not contract to design a new heating system. Defendant purchased 3 gas room heaters and one gas fireplace. 17. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, the documents speak for themselves. 18. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof id demanded. By way of further answer, the contract attached to Defendant's Counterclaim states that, Limitations on Warranties: There are not warranties or representations unless: (a) we give you a written warranty in connection with this Contract or (b) we give you a service contract within 90 days from the date of this Contract. 19. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 20. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof id demanded. By way of further answer, Defendant among other reasons purchased the new gas components to her heating system for convenience. 21. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the troth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 22. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 23. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, UGI did not warrant the gas prices would remain stable over any period of time. 24. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 25. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 26. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 27. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the troth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 28. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 29. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 30. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. ANSWER TO COUNT I BREACH OF CONTRACT 31. All answers set forth in paragraphs 12 through 30 of Plaintiff's complaint are hereby set forth in answer to the counterclaim. 32. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer there were not warranties under the contract: Limitations on Warranties: There are not warranties or representations unless: (a) we give you a written warranty in connection with this Contract or (b) we give you a service contract within 90 days from the date of this Contract. 33. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 34. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. WHEREFORE, Counterclaim, Defendant, requests judgment in its favor and against Counterclaim, Plaintiff on Count I of the Counterclaim. ANSWER TO COUNT II BREACH OF WARRANTY 35. All answers set forth in paragraphs 1 through 34 of Plaintiff' s Complaint and Answers to Counterclaim are hereby set forth in answer to Count II. 36. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 37. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 38. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, the equipment delivered and installed were consistent with the contract and were sufficient for the intended purpose of providing a clean, efficient, reliable and economical heating system. WHEREFORE, Counterclaim, Defendant, requests judgment in its favor and against Counterclaim, Plaintiff on Count II of the Counterclaim. ANSWER TO COUNT III INADVERTANTLY MARKED AS COUNT II IN DEFENDANT'S COUNTERCLAIM UNFAIR TRADE pRACTICES 39. All answers set forth in paragraphs 1 through 38 of Plaintiff's Complaint and Answers to Counterclaim are hereby set forth in answer to Count III. 40. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, room heaters and the fireplace were not consumer goods but rather fixtures attached to the real estate. 41. Denied. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. 42. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. By way of further answer, the Pennsylvania Unfair Trade Practices and Consumer Protection Act is in applicable to the PUC Tariff. 43. Denied as stated. UGI after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of the averments set forth in this paragraph and accordingly the same are denied and proof thereof is demanded. WHEREFORE, Counterclaim, Defendant, requests judgment in its favor and against Counterclaim, Plaintiff on Count III of the Counterclaim. NEW MATTER TO COUNTERCLAIM/PLAINTIFF 44. The answers and averments in paragraphs 1- 43 above are incorporated by reference as though set forth at length herein. 45. Counterclaim/Plaintiff lacks Standing under the Pennsylvania Unfair Trade Practices and Consumer Protection Act 46. Counterclaim/Plaintiff failed to mitigate damages. 47. Counterclaim/Plaintiff breached her duty of fair dealing with Counterclaim/Defendant. 48. Counterclaim/Plaintiff received the benefit of the bargain. 49. Counterclaim/Plaintiff released Counterclaim/Defendant from any liability. Claims. 50. Counterclaim/Plaintiff should be estopped from presenting any 51. Counterclaim/Plaintiff should be estopped form presenting any Claims based upon the equitable theory of Latches. 52. Counterclaim/Plaintiff consented to the installation of the 3 gas room heaters and one gas fireplace knowing that gas prices fluctuated. 53. Counterclaim/Plaintiff failed to exhaust administrative remedies. 54. Counterclaim/Plaintiff failed to state claims upon which relief may be granted. 55. Counterclaim/Plaintiff intentionally or negligently misrepresented the status of her heating requirements, the maintenance record of her heating system, the actual energy consumption of her heating system including costs of firewood, the insulation rating of her house, and the average winter temperature level in her house. 56. Counterclaim/Plaintiffs claim is waived, barred or limited by the doctrine of comparative negligence and/or other grounds. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff plus costs, attorneys fees, pre-judgment and post-judgment interest. Dated: April 23, 2002 BY: Respectfully submitted, KRZYWICKI & ~, TES Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 {717) 774-1445 UGI UTILITIES, INC., Plaintiff ASHLEY C. KNOSKY, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3283 CIVIL : : DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS 3. 4. 5. 6. 7. 8. Admitted in part. Denied in part. The paragraph is admitted except for the date which should be October 18, 1999. Admitted. Admitted. Admitted. Admitted in part. Denied in part. Admitted. Admitted Denied. It is not known whether the mounts were exactly as stated because the amounts were being taken fi.om a check register in some cases instead of from actual bills. However, it is believed that the amounts are substantially identical to the bills. Denied: Expert testimony will be provided. Denied: Defendant has no present recollection concerning such a conversation. 11. Denied: Defendant did not spend $115.00 to operate her wood burning stove. Dated: ,2002 Respectfully submitted, ~ Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717/ 774-1445 UGI UTILITIES, INC., Plaintiff ASHLEY C. KNOSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3283 CIVIL I, ASHLEY C. KNOSKY, hereby certify that the facts set forth in the foregoing Response to Plaintiffs Request for Admissions are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: ASHLEY C.~OSKY (~ Barbara Sumple-Suilivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7~7) 7744445 UGI UTILITIES, INC., Plaintiff ASHLEY C. KNOSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3283 CIVIL CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the foregoing Defendant's Response to Plaintiff's Request for Admissions, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Dated: (5~ ,2002 Anthony P. Krzywicki, Esquire Krzywicki and Associates 49 N. Sugan Road P.O. Box 505 ~'-~ Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 : IN THE COURT OF CO~ON PLEAS OF : CL/dBEP, LAND COUNTY, PEN-NSYLVANIA : : NO. 3283 CIVIL 2001 RULE 1312~i, The Petition for Appointmen~ of Arbitrators shall be substantially iu =he following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO TH~ ~ONORABLE, THE JUDGES OF SAID COURT: ~_ P.~v~ddd , counsel for the plaintiff/dsfendan: in the above ac:ion (or actions), respectfully represents that: 1. The above-capTioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in ~he action is $ 4913.54 - · ~%e counterclaim of the defendant in the action is $6100.00 The following attorneys are interested in the case(s) as counsel or ars other- wise disqualified to sit as arbitrators: Pmrbmr~Su~le-~]4%~n WHeREFORe, your petitioner prays your Honorable Court =o appoint three (3) arbitrators to whom the case shall be submitted. RespecTfully submitted, ORDER OF COURT action (or ac=ions) as 9raye~ for. LAW OFFICES BARBARA SUMPLE- SULLIVAN July 16, 2002 · Ms. Michelle Pyatt Krzywicki & Associates 49 N. Sugan Road P.O. Box 505 New Hope, PA 18938 Re: Via Fax and Regular Mail UGI Utilities, Inc., vs. As.hley C. Knosky Docket No. 01-3283 Dear Michelle: Thank you for your letter of July't0, 2002. I have no objection to listing this matter for arbitration. As you know, my client has been in poor health. I will be responding to the outstanding discovery shortly.. I~do not expect any further discovery, but will do so well in advance of~y arbitration scheduled if determined to be necessary at a later date. Thank you for your consideration. ' ~van BSS\vs Cc: Ms. Ashley Knosky UGI UTILITIES, INC. ASHLEY C. KNOSKY IN RE: ARBITRATION · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 01-3283 CIVIL the arbitrators previously appointed ORDER OF COURT AND NOW, January 14, 2003, the Court having been informed that above-captioned case has settled prior to hearing, the panel of is vacated, and Robert Black, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. ~P-,/'obert Black, Esquire /l~ichael Cassidy, Esquire ,,,~ane Finkelstein, Esquire Court Administrator By the Court, Geor{ie~. (-I(:~'e~," P'JI the Court of Common Pleas of Cumberland County, Pennsylvania UGI Utilitie Inc. Plaintiff vs. Ashley C. osky [ Defendant Civil Action - In Law No. 01-3283 Arbitration To the Prot Kin payment of Dated: Jan PRAECIPE TO SETTLE DISCONTINUE & END ~onotary: mark this matter settled, discontinued, and ended, for the defendant upon four costs only. ary6,2003 :~zywicki, Esq. B_o_x 505l. New Hope~