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Home My WebLink About01-2694IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, a CIVIL DIVISION partnership, No. Plaintiff, JURY TRIAL DEMANDED V. PRAECIPE FOR WRIT OF SUMMONS DANIEL RI'I-I'GERS 199 Andrew Court Filed on behalf of: Plaintiffs, Diehl and Carlisle, PA 17013 Durham Rentals. Defendants. Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D.#: 85635 David J. Rosenberg, Esquire PA I.D.# 37492 WEBER GOLDSTEIN GREENBERG & GALLAGHER, LLP Suite 1410 306 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, a ) CIVIL DIVISION partnership, ) ) No. ~/- .~, Plaintiff, ) ) JURY TRIAL DEMANDED v. ) ) DANIEL RI'I-I'GERS ) 199 Andrew Court ) Carlisle, PA 17013 ) ) Defendants. ) ) PRAEClPE FOR WRIT OF SUMMON-~ TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above-captioned action for Plaintiff and against the following Defendant: DANIEL RITTGERS 199 Andrew Court Carlisle, PA 17013 Respectfully submitted: Christopher ~Deegan, Esquire Counsel for Plaintiff. WEBER GOLDSTEIN GREENBERG & GALLAGHER, LLP Suite 1410 306 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4541 Commonwealth of Pennsylvania County of Cumberland Diehl and Durham Rentals, a partnership Court of Conunon Pleas Daniel Rittgers No. 01-2694 Civil 199 Andrew Court Civil Action - Law Carlisle, PA 17013 In ............................................. To Daniel Rittgers You are hereb), noli£~l that Diehl and Durham Rentals, a partnership the Plaint/ff s h~,e commenced an action in ____C_i_yi_l__A_c__t_i_o_n__- I, ew against you which you are required to defend or a default judgment ma}' be entered against you. (SEAL) ._ Curtis R. Long ................. ~;~- .................. SHERIFF'S RETURN - REGULAR CASE NO: 2001-02694 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIEHLANDDURHAM RENTALS VS RITTGERS DANIEL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RITTGERS DANIEL the DEFENDANT , at 1626:00 HOURS, on the 8th day of May , 2001 at 119 ANDREW COURT CARLISLE, PA 17013 by handing to CHERYL RITTGERS~ MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 3.10 ..~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 05/09/2001 WEBER GOLDSTEIN & GALLAGHER Sworn and Subscribed to before By: , Y me this 2~w~. day of Deputy Sheriff ~ ~Z~ A.D. -; ~rot56n6%ary' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, CIVIL DIVISION a partnership, NO.: 01-2694 Plaintiff, VS. DANIEL RITGERS, COMPLAINT Defendant. Filed on Behalf of Plaintiff, Diehl and Durham Rentals, a partnership Counsel of Record For This Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GOLDSTEIN GREENBERG & GALLAGHER, LLP Firm #594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, ) CIVIL DIVISION a partnership, ) ) NO.: 01-2694 Plaintiff, ) ) VS. ) ) DANIEL RITGERS, ) ) Defendant. ) NOTICE TO DEFEND TO: Daniel Ritgers 119 Andrew Court Carlisle, PA 17013 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 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 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 170138 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, ) CIVIL DIVISION a partnership, ) ) NO.: 01-2694 Plaintiff, ) ) ) DANIEL RITGERS, ) ) Defendant. ) COMPLAINT AND NOW, comes the Plaintiff, Diehl and Durham Rentals, a parmership, by and through its attorneys, Weber Goldstein Greenberg & Gallagher, LLP and Christopher P. Deegan, Esquire, and files the following Complaint: 1. Plaintiff, Diehl and Durham Rentals (hereinai~er referred to as "Diehl and Durham")' is a parmership doing business at 110 Kerrs Road, Carlisle, Pennsylvania 17013. 2. Defendant, Daniel Ritgers (hereinat~er referred to as "Ritgers"), is an individual residing at 119 Andrew Court, Carlisle, Pennsylvania 17013. 3. At all times relevant hereto, Diehl and Durham was in the business of renting residential property. 4. Diehl and Durham owned the property known and numbe~l as 161 North College Street, Carlisle, Pennsylvania 17013. 5. On or about May 7, 1999, Ritgers, was leasing the property known and numbered as 161 North College Street, Carlisle, Pennsylvania 17013 from Diehl and Durham. 6. Specifically, Ritgers was renting the third floor of the building located at 161 North College Street, Carlisle, pennsylvania 17013. 7. On or about May 7, 1999, Ritgers was filling his waterbed located on the third floor with water. Ritgers did leave the water running while he was not present in the apartment. 8. ,including, 9. Subsequently, water ove~lowed from the waterbed causing water damage but not limited to the following areas of the property known and numbered as 161 North College $1reet, Carlisle, Pennsylvania 17013: a. The walls, floor and ceiling of bedroom one on the third floor; b. The walls, floor and ceiling of the first floor living mom; c. The walls, floor and ceiling of the first floor hallway; The walls, floor and ceiling of bedroom one on the second floor; and d. The walls, floor and ceiling of the third floor linen closet located in the living e. roonl. .... ~ .~,u,~ conduct was the direct and proximate cause 10. Ritgers' careless, negngem auu ,~,, .... of the damage which occurred to Diehl and Durham's property, and that conduct is more particularly set forth below: a. In negligently attempting to fill his waterbed; b. In leaving the water running while not present at the aparhc, ent; c. In failing to have someone monitoring the waterbed while it was being filled; d. In permitting water to overflow and damage Diehl and Dm-ham's property; and In failing to give Diehl and Durham the standard of care owed to it under the e. existing circumstances. -2- WHEREFORE, Plaintiff, Diehl and Durham Rentals, a partnership, demands judgment in its favor and against the Defendant, Daniel Ritgers, in the total amount of $2,612.41, exclusive of interest and costs. Respectfully submitted, WEBER GOLDSTEIN GREENBERO & GALLAOHER, LLP By: ~~ mre Christopher~P. Deegan, Esq ' Attorneys for Plaintiff, Diehl and Durham Rentals, a partnership -3- VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for DIEHL AND DURHAM RENTALS in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that the Verified Statement of a representative of DIEHL AND DURHAM RENTALS cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing COMPLAINT are ~ and correct to the best of my information and belief based upon knowledge obtained from representatives of DIEHL AND DURHAM RENTALS. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsifications to authorities. ~hristophert~. Deegan, Esquire DATE: April 29, 2002 _CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing COMPLAINT has been served by first class U.S. mail, postage prepaid, this _'}'~ day of A~ori!. 2002, upon the following parties: Daniel Ritgers 119 Andrew Court Carlisle, PA 17013 ~h~istopher~. Deegan, Esqui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL and DURHAM RENTALS, CIVIL DIVISION a partnership, NO.: 01-2694 Plaintiff, SUPPLEMENTAL VERIFIED DANIEL RITGERS, STATEMENT TO COMPLAINT Defendant. Filed on Behalf of Plaintiff, Diehl and Durham Rentals, a partnership Counsel of Record For This Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GOLDSTEIN GREENBERG & GALLAGHER, LLP Firm #594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 VERIFIED STATEMENT · l,~q~_~'~ !/~//_. , of _Diehl and Durham Rentals. am duly authorized to make this Verified Statement on its behalf, and I hereby verify that the statements set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relaring to unswom falsification to authorities. Date: ~'-~' C}'),-- _ "~ CERTIFICATE OF SERVICE I hereby certify that a In:e and correct copy of the foregoing SUPPLEMENTAL VERIFIED STATEMENT TO COMPLAINT has been served by first class U.S. mail, postage prepaid, this/~ day of Mav. 2002, upon the following parties: Daniel Ritgers 119 Andrew Court Carlisle, PA 17013 Christopher ~g , Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL & DURHAM RENTALS, a CIVIL DIVISION partnership, Plaintiff, No. 01-2694 V. DANIEL RITGERS, Defendant. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) TO THE PROTHONOTARY: Kindly enter judgment in favor ofplaintiffDiehl & Durham Rentals and against defendant Daniel Ritgers for fa/lure to file an Answer or otherwise respond in the above-captioned action within twenty (20) days of the date of service of the Complaint, and assess plaintiff's damages against defendant in the amount of $2,612.41. I certi fy that a written notice of intention to file this praecipe was mailed to defendant after the default had occurred and at least ten (10) days before the date of the filing of this praecipe. I further certify that the defendant is not in active military service. A copy of this notice is attached. The undersigned verifies that the statements of fact in the Praecipe are Irue and correct and are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP istophe~ P. Deegan, Esquire Dated: I]1~/0~) Counsel for Plaintiff I t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA D/EHL AND DURHAM RENTALS, a partnership, ) CfV/£ Df VISION ) Plaintiff, ) No. 01-2694 ) v. ) ) DAN/EL RITGERS ) ) Defendants. ) ) TO: Dan/e/R/tgers I~MP~A~Q~c'"~ 119 Andrew Court Car/is/e, PA 17013 DATE OF NOTICE: May 31, 2002 YOU ARE IN DEFAULT BECAUSE YOU I-L~VE REQUIRED OF YOU IN THIS CASE. FAILED TO TAKE THE ACTION DATE OF THIS NOTICE, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE A JUDGIVfl~NT MAy BE ENTERED HEAR/NO, AND YOU MAy LOSE YOUR PROP AGAINST SHOULO TaI~ THIS p ER~ ORO YOU wrrHouT A LAVOr~R OR CA-,---- -al~sR TO YOUR LAwv,~,, aELOW .~'.~_~ AFFOPd~ ONE ~j.'_=_" ~- ONCE U~ yn,, ,.~..J_O_HTS. YOu TO FIND , GO Tu · -~,~ OUT WHERE v,,,,, .... OR TELEPHONt: .~ .... OT HAVE A '~'~ ~AN GET LEGAL HELP. ~ ~ hz: OFFICE SET FORTH LAWYER REFERRAL SERVICE CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Toll Free: ($00) 990-9108 Respectfully submitted, " WEBER GOLDSTEIN GREEN'BERG & GALLAGHER, LLp Christopher~ Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 Counsel For Plaintiff, Diehl and Durham Rentals, a pannership The undersigned hereby certifies that a true and correct copy o-f'the foregoing Plaintiff's PraecJpe f°rDefaultSudgmentPursuanttoPa. R.C.p. 1037(b) was served upon the f'ollowing defendant by Certified U.S. Mail, postage prepaid, this ~ day o£$anuary, 2003: Daniel Ritgers 119 Andrew Court Carlisle, PA 17013 ~Christo_phe P,[P,-'~)' e-'~-gegeegan, Esquire Counsel for P~aintitT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA DIEHL & DURHAM RENTALS, a partnership, CIVIL DIVISION No.: 01-2694 Plaintiff, V. DANIEL RITGERS, Defendant. 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Prothonotar IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Christopher--, Esquire I.D. #85635 Two Gateway Center, 14,h Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIEHL & DURHAM RENTALS, a CIVIL ACTION partnership, Plaintiff, No.: 01-2694 DANIEL RITGERS, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant Y'~are hereby notified that the .following Judgment has been entered against you on ( ) 'I~eree Nisi in Equity ( ) Final Decree in Equity ( X ) Judgment of ( ) Confession ( ) Verdict ( X ) Default ( ) Non-Suit ( ) Non-Pros ( ) Arbitration Award (X) Judgment in the amount of $__2.612.41 , PLUS COSTS. ( ) District Justice Transcript of Judgment in (Assumpsit/Trespass) in the amount of $ , PLUS COSTS. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department of Transportation. PROthONOTARY.l If you have any questions concerning the above, please conti~. ' Name of Attorney/Filing Party Christopher P. Dee,,an. Esauire Address Two Gateway Center. 14~h Floor. Pittsbureh. PA 15222 Telephone Number _ (412] 281-4541