The URL can be used to link to this page

Home My WebLink About01-4853GREGORY 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 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 may be 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 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 171-249-3166 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, us~ed tiene viente (20) dias de plazo al partir de la fecha de la escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEHANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUbA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone Number (717) 249-3166 GREGORY 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 GEORGE HENRY WILLIAMS, Defendant 1N THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 averting 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. 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. On or about May 22, 2001, Defendant was a nonresident occupying the insured's apartment at 36 Stephen Road, Camp Hill, PA 17011. On or about May 22, 2001, Defendant decided to play with matches in the basement of the apartment. Defendant thereafter negligently attempted to light mattresses in the basement on fire. 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. 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. 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 10. 11. Loss dated July 26, 2000, is attached hereto, made a part hereof, and marked as Exhibit "A". 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. 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: Gregg~. Cassimatis Attorney for Plaintiffs CINCINNATI COMPANIES T~ CINCLNNAT~ 5WSIPP. A~C£ COMPANY TEtE C~C~ATI ~DE~ITY CO~A~ y T~ C~C~ATI CASU~TY CO~ SWO~ STATE.MT ~ PROOF OF LOSS POLICY ~E~ ~P070692~ EFF. 212~/00-Z/26/01 EXP. AGENC~ Enders CITY Harrizbur~ STA~ time of loss, by fl~e ~ove indicated policy of ingrate, you ~sured Rldl~y Park Investors~ ~ agalnm Ioss by All R Time and Origin: A ~ loss occu~ed about ~e hour ot'} o'clock ~ ~, on ~ g2nd day of ~v, 2000. Th~ cause ~d origin al'the 5aid were: Child set fire in basement ofaoartment building. 2. Occupancy: The building dcscribcd, or containing the propctXy describad, w~s occupied at the time of the loss as follows, and far net other 7. ~1 he Whole Lo~ and Damage w~5 ................................................................................................................ $ 8. Less Amount ofDe,loctible ........................................................................................................................ $ 1 000.00 9~ The Amount Claimed under the above-numbered pt~licy is .................................... ........................ $217'~9'78 53 CL-1057 (3/91) Exhibit "A" VERIFICATION I, Fl,z4,,~/ 7-~..~ll.,y/ ~,t,,t,d',~,$,a representative of Ridley Park Investors, LP, a Plaintiff herein, verify that I am authorized to execute this Verification and verify that the thcts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief This statement is made subject to the t~enalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Name: 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 R1DLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of Ridley Park Investors, LP Plaintiffs GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4853-CIVIL 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 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 rfegory E. Cassimatis, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 5-'~ day of_ ,/t~-cz( , 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 Henry Williams 507 Erford Road Camp Hill, PA 17011 By: . egsf~rE. Cassimatis,/~squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 GREGORY E. CASSIMATIS, ESQU1RE 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 GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW NO. 01-4853-CiVIL PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINS]' 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 Park 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: //~ -//- 0 ~ By: _ Gregory E,,,~simatis, Esquire Attorney for Plaintiffs Exhibit A GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTWFS, Ridley Park Investors, L.P. and The Cincinnati Insurance Company RIDLEY PARK INVESTORS, LP and THE CINCINNATI INSURANCE CO., as subrogee of R/dley Park Investors, LP Plaintiffs GEORGE HENRY WILLIAMS, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4853-CIVIL 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 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 By: ~ory E. Cassimatis, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ~-_rT~ day of /xfl~,-cd , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiffs, R/dley 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 Henry Williams 507 Erford Road Camp Hill, PA 17011 By: ~reg~(~fE. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 CERTIFICATE OF SERVICE AND NOW, this _{/'~_ day of ~)c3 ~(t~:~, 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: _ _ ~ 4999 Louise Drive, Suite 103 Mechanicsburg, pA 17055 (717) 791-0400 Attorney I.D. # 49619