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Home My WebLink About02-4379 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utlllties Inc. Plaintiff vs Civil Action In Law No. D'J..-4J?'t c.,.",t~~ Wilbert Pless Defendant """ \ \'" \ \""'" \'" \ \""'" \, \ 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. 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) 990-910 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc, Plaintiff vs Civil Action - In Law No, 0.2.- ~3"l9 Ctoitl~ Wilbert Pless Defendant "\ \ \ \ \ \ \ \ \ \ \ \"" \ \ \ \ \ \ \ \ \ \ \ \, \'" \ ARBITRATION 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 utility service, 2, UGI Utilities Inc, is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at 225 Morgantown Road, Reading, PA 19612-3009, 3. Defendant, Wilbert Pless, is an adult individual residing at 36 Hope Terrace, Carlisle, PA 17013, COUNT 1 UGI Utilltles Inc, vs, Wilbert Pless 4, At all time relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiff's Tariff presently on file with the Public Utility Commission, 5. Plaintiff supplied utility service to Wilbert Pless, 6, At the present time, Defendant account is in default and has outstanding balance due and owing Plaintiff as reflected on the attached Statement of Accounts which contains information taken directly from Plaintiff's original business records, and which includes the unpaid balance and all appropriate debits, and credits, and late charges and which is attached hereto and marked Exhibit "A", incorporated herein by reference and made a part hereof, 7, The utility service which was provided by the Plaintiff to the Defendant aforesaid, was received, accepted, and utilized for the benefit of said Defendant, 2578U2 8. Defendant is In default of his/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 service without full payment, WHEREFORE, there is now due and owing from the Defendant to the Plaintiff the following sums for which Plaintiff demands judgment against the Defendant: Amount Past Due: Fees: TOTAL $ 2996.64 $ 400,00 $ 3396,64 Respectfully submitted, DATED: April 2, 2002 By: Ant 49 P. N Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 VERIFICATION I, Jeff Graeff, an employee ofUG! 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 unsworn falsification to authorities, Dated: I.{/z,!o 2. 2578U2 STATEMENT OF ACCOUNT Wilbert Pless established the following accounts with UGI Utilities Inc. with the following balances and charges: Account Number / Service Address Acct Type Service to: Balance -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 215-773-1430-14 29 N, East Street Carlisle, PA 17013 G / / $2996,64 Total Delinquent Balance: $2996,64 EXHIBIT A 1- (:i .fg. i ()t 0 c~ \.---: "_n , q ~ & I, '";'J "- ~ N -0 \....J l , ~ ~"':1 - ~ -.., C. .....-,.(~ .. --21 J- ~~ ~ CASE NO: 2002-04379 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS PLESS WILBERT HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PLESS WILBERT the DEFENDANT , at 0015:16 HOURS, on the ~ day of September, ~ at 36 HOPE TERRACE WILBERT PLESS CARLISLE, PA 17013 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: Docketing Service Affidavit SurCharge 18,00 3,45 ,00 10.00 ,00 31.45 So Answers: ~~~..<"~~ R. Thomas Kline Sworn and Subscribed to before 09/19/2002 KRZYWICKI & ASSOCIATES 7!!::: By: me this day of /~~ Deputy She~f (V~.~ dho.L AD. .. "I. (). ~/11d ~2j P othonotary , 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No.02-4379-CV Wilbert Pless Defendant \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNT 1 UGI Utilltles Inc. vs. Wilbert Pless Kindly enter default judgment in favor of Plaintiff, UGI Utilities Inc. and against Defendant, Wilbert Pless for failure to plead to Plaintiff's Complaint as follows: Amount Past Due: Fees: ' TOTAL $ 2996.64 $ 400.00 $ 3396.64 together with interest thereon from the date of judgment forward and all costs of this action. 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. 2578U2 2. The true and correct address of the Defendant, Wilbert Pless, is 36 Hope Terrace, Carlisle, Cumberland County, PA 17013. KrZYw:~ and Associates P. KrZYWlc 1 orth Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 DATED: November 26, 2002 By: SHERIFF'S RETURN - REGULAR Z57Y;V-?/ CASE NO: 2002-04379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UGI UTILITIES INC VS PLESS WILBERT HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PLESS WILBERT the DEFENDANT , at 0015:16 HOURS, on the 18th day of September, 2002 at 36 HOPE TERRACE CARLISLE, PA 17013 by handing to WILBERT PLESS 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: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31. 45 .~~~? R. Thomas Kline 09/19/2002 KRZYWICKI & ASSOCIATES Sworn and Subscribed to before By: /M/ .{J Deputy She~f me this day of A.D. Prothonotary rL 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No. 02-4379-CV Wilbert Pless Defendant \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ARBITRATION NOTICE TO: Wilbert Pless 36 Hope Terrace Carlisle, PA 17013 Date: October 28, 2002 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166/(800) 990-9108 Krzywicki and Associates By: IS! Anthony P. KrzYWlckl 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney for Plaintiff Attorney I.D. 23754 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No. 02-4379-CV Wilbert Pless Defendant(s) \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ AFFIDAVIT OF SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON 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 10/28/2002. SWORN TO AND SUBSCRIBED BEFORE ME THIS 2(0 DAY OF .!tVv' 2co-z ~ .,/) 1tt4r'6g cfI<:~~ otar / MICHELLE PYATT ;()TARV PUBLIC OF NEW JERSEY Jl r (~OMMISSION EXPIRES JUL V 9. 200l 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No. 02-4379-CV Wilbert Pless Defendant ARBITRATION \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ The undersigned hereby certifies that written notice of intention to file a praecipe for entry of judgment by default against the defendant, Wilbert Pless, 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. DATED: November 26, 2002 2578U2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllltles Inc. Plaintiff Civil Action - In Law vs No. 02-4379-CV Wilbert Pless Defendant """" '" '" """"""""""" ARBITRATION AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF HUNTERDON ss. 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, Wilbert Pless, 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, Wilbert Pless, is more than 18 years of age and currently resides at 36 Hope Terrace, Carlisle, PA 17013. 3. I have ascertained the above inform 'on by personal investigation and make this affidavit with ue authority. MICHELLE PYATT 'OTARY PUBLIC OFNEWJERSEV . MI~SION EXPIRES JULY 9, 2001 Curtis R. Long Prothonotary 2S78U2 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse * Carlisle, PA 17013 TO: Wilbert Pless 36 Hope Terrace Carlisle, PA 17013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania UGI Utllitles Inc. Plaintiff Civil Action - In Law vs Wilbert Pless Defendant No. 02 -4379-CV ARBITRATION \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. (XX) ( ) ( ) ( ) ( ) ( ) ( ) Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY FOR THE FILING PARTY: Anthony P. Krzywicki Krzywicki and Associates 49 North Sugan Road P.O. Box 505 New Hope, PA 18938 215-862-4390 Attorney I.D. No.23754 ~ 7V (.:J ~#-t ~ -- ...() r' trv 0{) l ~ ~ - ~ ~( . ..(q. :-.Q D 0' ~ J- ,. r-. ~ 1 ) I?" r-~ 3 L 5='::"( ,c ~-.: ~> :~ '-.) (; 0": , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ------------------------------------------- UGI Utilities Inc. Plaintiff ( ) Confessed Judgment (XX) Other Defendant File No.: 02-4379 Amount Due: $3396.64 Interest: $101.90 Arty's Comm: Costs: $ vs. Wilbert Pless ------------------------------------------ TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All property belonging to Wilbert Pless located at 36 Hope Terrace, Carlisle, P A PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) _ And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). . o (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: May 9, 2003 8938 E ~ +- D ~'i ~ - w::::: [y::J ~ ~ ,~ ~~ ~ '-Z - Q r C U ~ ~ -<q ~ :-.... C, g C> J'~ r- ... ~ .. .... CJv-lO. ~&.- ~ . . 1::. e d &} () . 0 I' :r.J ~F ~~~ ... .. \. ; ...... .... r-r C) ;~ ("- (..! ," I &-:-~ ~ >"--. .~~ - 1 .~J ~ - "! "J ,-, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UGI UTILITIES, INC., Plaintiff (s) From WILBERT PLESS, 36 HOPE TERRACE, CARLISLE, P A NO 02-4379 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)arId to sell ALL PROPERTY BELONGING TO WILBERT PLESS LOCATED AT 36 HOPE TERRACE, CARLISLE, PA. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee( s) that: (a) an attachment has been issued; (b) the garnishee( s) is enj oined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of arIyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $3396.64 Interest $101.90 Atty's Cornm % Atty Paid $99.45 Plaintiff Paid Date: MAY 19, 2003 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) pmtho~ p ~ ~Y' ~ ~ . ~A.I"~ r-- Deputy REQUESTING PARTY: Name ANTHONY P. KRZYWICKI, ESQUIRE Address: PO BOX 505 NEW HOPE, P A 18938 Attorney for: PLAINTIFF Telephone: 215-862-4390 Supreme Court ID No. 23754 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months, Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Mise, Surcharge Levy Post Pone Sale Garnishee TOTAL 18,00 1.26 ,50 1.00 3.45 20,00 20,00 64.21 Sworn and Subscnbed to before me this .2.~ayof~ /1 200fA.D, "-- k'1',j} ~ , JJpT profudnotary C~~~V "'1:;"'jj !..~--\T~ l~-;:~:'::-::'c :.:>> ~~~-fl~ Advance Costs: 150.00 Sheriffs Costs: 64,21 85,79 Refunded to Arty on 02/25/04 ~~ id" T-~;J'~---~ ~>t R. Thomas Kline, eriff By (\ ~ewAl._Q . ~N-ukkc/ \S:'.2) =uil =tFil = ~ (f1fil \.0 (/, "l.If()/ <:> '"' -< \,)l " .." KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire John L. Shearburn, Esquire P.o. Box 505 New Hope, PA 18938 (215)862-4390 AttorneyfiJr Plaintiff" Allorney ID. 23754/26852 UGI utilities Inc, Plaintiff vs, Court of Common Pleas Cumberland County ~ Civil Action No, Q;Z- .l..fJ7'1 e~L I~"L Wilbert Pless Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment against the defendant(s), satisfied and from the record upon payment of your costs only, KRZYWICKI & ASSOCIATES BY: An ny p, Krzywicki torney for Plaintiff DATED: February 25, 2005 r--~ r'''C', (::.,;;., :eel I (..J "0 ~~.,~ (~, c: (..1'\