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HomeMy WebLinkAbout01-04853GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT Ridley Park Investors, L.P. RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs v. GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~l~ 7~~ 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 is served by entering a written appearance, personally or by an 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 maybe entered against you by the court with only such further notice to you as may be required by law for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 171-249-3166 PTOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la escrita o en persona o por abogado y archivar en la torte en forma escrita sus deferisas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos. importantes para usted. LLEVE ESTA DEMANDA A UN ASODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ASAJO PARR AVERIGIIAR DONDE SV PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone Number (717) 249-3166 GREGORY E. CASSIMATIS, ESQUIRE ATTORNEY FOR DEFENDANT 4999 Louise Drive, Suite 103 Ridley Park Investors, L.P. Mechanicsburg, PA 17055 717-791-0400 Attorney LD. # 49619 RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs v. GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Q~- 7 ~5,3 ~Lff~ COMPLAINT AND NOW, come the Plaintiffs, Ridley Park Investors, LP and The Cincinnati Insurance Company, by and through their attorney, Gregory E. Cassimatis, Esquire and files this Complaint by averring as follows: 1. Plaintiff, Ridley Park Investors, LP is a duly authorized Pennsylvania business with offices located at 444 East College Avenue, Suite 550, State College, PA 16801. At all times material hereto, Plaintiff, Ridley Park Investors, LP was the owner of a building located at 36 Stephen Road, Camp Hill, PA 17011. 2. Plaintiff, The Cincinnati Insurance Company, is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principal place of business address of PO Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cumberland County, Pennsylvania. At all times pertinent hereto, The Cincinnati Insurance Company was the property insurer for Ridley Park Investors, LP for property located at 36 Stephen Road, Camp Hill, PA 17011. 3. Defendant, George Henry Williams (herein "Defendant"), is a minor individual who at all times relevant herein was, and is still, residing at 507 Erford Road Camp Hill, PA 17011. 4. On or about May 22, 2001, Defendant was a nonresident occupying the insured's apartment at 36 Stephen Road, Camp Hill, PA 17011. 5. On or about May 22, 2001, Defendant decided to play with matches in the basement of the apartment. 6. Defendant thereafter negligently attempted to light mattresses in the basement on fire. 7. As a direct and proximate result of Defendant's negligent acts, including but not limited to lighting mattresses in the basement on fire, Ridley Park Investors, Inc. incurred losses amounting to $29,377.46. 8. Prior to said incident, Plaintiff, The Cincinnati Insurance Company, had issued a policy of insurance to Ridley Park Investors, Inc. Pursuant to the terms of said insurance policy, Plaintiff, The Cincinnati Insurance Company, paid to or on behalf of its insured, Ridley Park Investors, Inc., the sum of $27,978.32 which was paid on or about October 2, 2000, for damages resulting from Defendant's negligent acts. 9. Pursuant to the terms and conditions of said policy and by reason of the payment indicated above by Plaintiff, The Cincinnati Insurance Company is subrogated to the rights of its insured, Ridley Park Investors, Inc. and against Defendant to the extent of $27,978.53. A true and correct copy of the Sworn Statement in Proof of Loss dated July 26, 2000, is attached hereto, made a part hereof, and marked as Exhibit "A". 10. Pursuant to the terms and conditions of said policy, Plaintiff, Ridley Park Investors, LP suffered additional losses in the nature of a $1,000.00 deductible and damages not covered by the policy of insurance in the amount of $398.93. 11. As a result of the averments contained in Paragraphs 5 through 10 above, Defendant is liable to Plaintiffs in the amount of $29,377.46. WHEREFORE, Plaintiff, Ridley Park Investors, LP and The Cincinnati Insurance Company, demand judgment against the Defendant in the amount of $29,377.46 plus costs and interest as provided by law. Respectfully submitted, Date: O~ By: (.~ Greg . Cassimatis Attorney for Plaintiffs CINCINNATI COMPANIES Tf'IE CINCINNATI INSURANCE COMPANY TIC CRVCINIYATI INDEIvINITY COMPANY y TIC CINCIIVNATI CASUALTY COMPANY SWORN STATEMENT IN PROOF OF LOSS POLICYNUtvtBER CPP0706924 EFF.2/2fi/00/00-Z/26/01 EXP. ACrENCY Endecs CITY Harriabura STATE PA At time of foss, by dte above indicated policy of insuranoe, you insured Aldley Park Iovestnrs. LP against loss by All Risk. 1. Time and Origin: Afire loss occurred abouf the /tour of? o'clock 7 bl., on the 22nd day ofMav 2DOA. The eause~and origin of the said lass Were: Child set fire in basement ofaoartment build. 2. Occupancy: The building described, or containing the property described, was occupied at the ftme ofthe less as follows, and far not nthar purpose, whatever: apartments. 3• Title and Interest: At the time of the lass, the intereat of your iosured in the property describod therein wtta: owner/ooerator No ether parson or~ar9tsrxt had any iaAetasa ihas®ire-er-iacaattbranae•~tnrsan,-e:ccspt;-Z>;..5_lYatioatalBantt.--_-..___.._. _. _,. _._.,-. __.-_.__ _. 4. Changes: Since the said policy was issued, there has been no assignment thereof, or change of intemst, use, nccupmtcy, possession, location, or exposure of the property described, except: nla. - 5. Total Insurance upon property described by this policy, at time of loss .....................................................................$ 9,792,000.110 6. The Aetuaf Cash Value of said property at the time of the loss tvas ..........................................................................$ n!a 7. 7'he Whole Lasaand Damage was .................................................................................................................$ 28978.53 8. Lass Amount of Deductible ...............................................................................:. .....$ 1.000.00 9. The Amount Claimed under the above-numbered policy is ....................................................................................$27,978.53 The said Ions did nor originate by any net, design, or procurement oa dte part of your insured on this~afftont; nothing has linen done by or with the priJi[y nr consent of your insured or This aCfiant m violate the conditions of the policy or render it void; no articles are mentioned herein or in annexed schedules but such u were. dcsnnyed or damaged at the time of said toes; no property saved has in any manner been concealed, and no attempt m deceive the said Company as to the axtcnr oI said loss Itas in any manner been made. Any odher information that may he required will be furnished and considered a prat ofthis proof. In considcretion of and to dte extent of said payment, tlw undersigned hereby subrogates said Company [o ell of the rights, clainss, and interest which the undersigned may have against any party, person, persons, property or corpomtioa tiahla for the loss mentioned above, and authorizes the said Company to sue, campmmiae, ur settle in the undersigned's name or athernise alt such claims and to exnoute end sign releases and acquittances and endorse checks ar drafts given in settlement of such claims in the none ofrhe undersigned With the same force and e$'ect as if the undersigned executed ar endorsed them. GYaaanted na seedement lies been made by the uadecsignad with any party, person, person, pmperty, ar corporation against whom a claim may lie, and no release has been given m anyone responsible for the ]ass, and that no such settlement Will ha made ear release given by the undersigned e'ithnut [he written consent of dte said Cnmpam• and dte undersigned covenants and agrees to eonperete Fplly with said Company in the prasacudon of such claims, and to procure and famish oll papers ;a,d documents in the undersigned's possession necessary in such praoeedings and to attend court and testi]j• if [he Company decals such [o be necessary, but it Is understood the undersigned is to be saved harmless from costs ins such procead{ngs. . 'fhe famishing of this blank or dte pre Rridon of proofs by a representative of the above insurance company is not a waiver of any of its rights. _~„' . WIN ~" - -" -- -Insured Subscribed and swum to before me this ?Rl 57 day nf_, 2 pop (~ Stan: aC_ County of Public ny persanwha knmvingly anti wait tntcn/ to deA-aud any insurace company ar other parson fifes as application for insurance ar statement of claim containlag any loll{' Fals[ infer'nW lion UI' CanCeal3 for the purpose of mielCAding, Infnl'm$daa l'anCCraing any feat material thereto Conlmif$ R fraad~ateaC inSRrapea aet. trfllCh i5 a Cilm aad subjects Such person to crimlaal and civil penalties." CL-1017 (3/91) Exhibit "A" VERIFICATION I, f1~z4n.l /~c-.,tl.,,_ ~'ti~r,d,,,,~ a representative of Ridley Park Investors, LP, a Plaintiff herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and heLef This statement is made subiect to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: / ~G O Name: ('\ fv^V t d ~~ ~© ~;' ~, -' C!7 - ( ~ ' ~._ r ~ ; -, 7~-' ~' ,1'1 -G (J -G SHERIFF'S RETURN - REGULAR CASE NO: 2001-04853 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIDLEY PARK INVESTORS L P ETAL VS WILLIAMS GEORGE HENRY BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILLIAMS GEORGE HENRY the DEFENDANT at 1211:00 HOURS, on the 20th day of August 2001 at 507 ERFORD ROAD CAMP HILL, PA 17011 GEORGE HENRY WILLIAMS 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 by handing to So Answers: .~~~ R. Thomas Kline 08/21/2001 CINCINATTI INSURANCE CO Sworn and Subscribed to before me this ~p ~ day of L.c1. ~' Pr t onotary ' By: GREGORY E. CASSIMATIS, ESQUII2E 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTIFFS, Ridley Park Investors, L.P. and The Cincinnati Insurance Company RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. GEORGE HENRY WILLIAMS, NO.O1-4853-CIVIL Defendant To: George Henry Williams 507 Erford Road Camp Hill, PA 17011 Date of Notice: 3/5/02 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE, PERSONALLY OR BY 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 MAYBE 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 Telephone Number (717) 249-3166 By: _ ~L~ ~ory E. Cassimatis, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this S~ day of 0 /<irc~ , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiffs, Ridley Park Investors, LP and The Cincinnati Insurance Company, hereby certify that I served a copy of the within Default Notice on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: George Hemy Williams 507 Erford Road Camp Hill, PA 17011 By: Greg E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney I.D. # 49619 c, c.. - _ €~:, v ~i', - [3'3(1' L ~~. - ~~; •-, {n x [i ~i L. ~v ' ~~ ~ . ~ J'~ CC r. J ~. ~%' "~ Cd -C ~S ~~ GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTIFFS, Ridley Park Investors, L.P. and The Cincinnati Insurance Company RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs v. GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4853-CIVIL PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINST DEFENDANT. GEORGE HENRY WILLIAMS TO THE PROTHONOTARY: Please enter a Judgment by Default in the amount of $27,078.53 pursuant to Pa.R.C.P. 237.1(a)(2)(ii) in favor of Plaintiffs, Ridley Pazk Investors, L.P. and The Cincinnati Insurance Company for failure to file an Answer to Plaintiffs' Complaint in the above matter. Although the Complaint requests damages in the amount of $29,377.46, please enter Judgment against the Defendant in the amount of $27,078.53 to reflect payments of $2,398.93 previously made by the Defendant. I hereby certify that written notice of the intention to take a Judgment by Default was mailed to Defendant, George Henry Williams, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the Notice of Intention to Enter Default Judgment is attached hereto as Exhibit "A". Date: /b -//-0 2 By: ~/ ~ ~~ Gregory EoC ssimatis, Esquire Attorney for Plaintiffs .~ GREGORY E. CASSIMATIS, ESQUIRE ATTORNEY FOR PLAINTIFFS, 4999 Louise Drive, Suite 103 Ridley Park Investors, L.P. and The Mechanicsburg, PA 17055 Cincinnati Insurance Company 717-791-0400 Attorney LD. # 49619 RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs v. GEORGE HENRY WILLIAMS, IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4853-CIVII, Defendant To: George Henry Williams Date of Notice: 3/5/02 507 Erford Road Camp Hill, PA I7011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE, PERSONALLY OR BY 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 Telephone Number (717) 249-3166 gory E. Cassimatis, Esquire Attorney for Plaintiffs /- h Ch~ii~i~ ~/ CERTIFICATE OF SERVICE AND NOW, this -~ ~ day of ~u~~~ , 2002, I, .Gregory E. Cassimatis, Esquire, Attorney for Plaintiffs, Ridley Pazk Investors, LP and The Cincinnati Insurance Company, hereby certify that I served a copy of the within Default Notice on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: George Henry Williams 507 Erford Road Camp Hill, PA 17011 By: ~ ' Greg . Cassimafis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attomey LD. # 49619 z CERTIFICATE OF SERVICE AND NOW, this ~/~' day of ~~ , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiffs, Ridley Park Investors, LP and The Cincinnati Insurance Company, hereby certify that I served a copy of the within Praecipe to Enter Judgment by Default on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: George Henry Williams 507 Erford Road Camp Hill, PA 17011 By: Gre .Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717)791-0400 Attorney I.D. # 49619 ~ O # G ~, ~ Z,) 3 ~ ~ ~ ~. o ~-, - -, ~_ ~ I ~~ .. v. t7 . "~. ,~ ~j `, ~~ -=~ T_,_-. G.. ,~, ~~ ~{ «; ~~ ~~w: ~ ,~ v ~wn~ K ~ ~ ~~~