Leftwich did not thwart by affidavits or affidavits that unequivocally state that no written form was given to him indicating the required deposit amounts (id. 25). Nor did it respond that it had applied for or qualified for a non-bond notification under Regulation 3.51. However, it replies in the affirmative that it was never said that half of the deposit was necessary and that credit terms could be agreed for the payment of the balance. (Id. to 28). [21] 8.3 If a customer`s meter is removed or gas service is suspended for violation of company rules and regulations, a $20.00 prepayment is levied in advance for the restoration of service. [31] On January 6, 1983, she signed a refund contract to continue the service on Ben Bryant`s account. She refused this repayment plan and the property service was discontinued in May 1984. [22] It appears that the Philadelphia Gas Commission implicitly authorized the $48.00 bypass tax as compatible with customs authorities. Affidavit, Oland, 4, re appeal of Jean Whaley, January 7, 1986. While the Commission has not given any articulation or justification to the decision, this is further evidence that it respects the fact that PGW has the authority to require payment under the tariff.

On May 4, 1983, the gas service at 3414 Hartel Street was arrested as H.E. Hendrickson for non-payment after termination and hearing by PGW. (Affidavit, William Oland, exhibition G, 2). The service was either in the name of the applicant`s father, who died in 1977, or in the name of his eponymous brother. In the amended complaint, Hendrickson states that she had no interest in the ownership of the house and that her brother had continually excluded her from the property from the death of her father until July 28, 1983, but that at that time he had authorized her to move into the Hartel Street property with him. (20-24). She states that she had a verbal agreement with her brother to pay her $30.00 a month for gas. On August 16, 1983, according to a PGW meter reader, PGW visited the accommodation to conduct a routine security check. Margaret Hendrickson rejected the request to inspect the gas meter and shouted obscene questions at the PGW employee.

[25] The inspection revealed that the gas service was being used by an apparent possibility of self-ignition.