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HomeMy WebLinkAbout13-7095 Supreme Cou$of Pennsylvania COUI 0 f�Commo Pleas 1 orProthoiiotary Us_e Only Ctil Cover Sheet � � � Docket No C vrribP i x County The In bi matlon collected on this form is used solely for cold I administration purposes. This form d oes not supplement or replace the filing and service ofpleadings or other papers as required by Iau or rules of cottrt. Commencement of Action: Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: Lead Defendants NameTt'(, ve \ Cgy\� 2s 5 A 171e T Dollar Amount Requested: vithin arbitration limits I; Are money damages requested? Yes F No (check one) outside arbitration limits 1 - Is this a Class Action Suit? El Yes No Is this an IMDJAppeal? ❑ Yes )< No A Name of Plaintiff /Appellant's Attorney: Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case_caiegory that most accurately describes your PRIMARY CASE. If you are making more than one type of claim check the one that you consider most important. TORT (do not include Glass Tort) CONTRACT (do not include lud; vents) CIVIL APPEALS F1 Intentional El Buyer Plaintiff Administrative Asencies Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other . ' El Product Liability (does not include mass tort) F1 Employment Dispute: F' Slander/Libel/ Defamation Discrimination C Other: El Employment Dispute: Other Zoning Board El Other: •: F Other: MASS TORT © Asbestos N - F� Tobacco F1 Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS F7 Toxic Waste Other: ® Ejectment El Common Law /Statutory Arbitration Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Q Landlord/Tenant Dispute E] Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LLABLITY Q Mortgage Foreclosure: Commercial E] Quo Warranto El Dental Q Partition 0 Replevin ® Legal Quiet Title Other: © Medical 0 Other: F Other Professional: Updated 1/1/?011 Page(1) of (2) Court of Common Pleas etc... Cumberland County Division Calisle, Pennsylvania - � Case: Date: November 29,2013 Dr. Jo Wingate P.O.Box 1147 Carlisle, PA 17013 Plaintiff Versus ( Mco Travel Centers of America rte; 24601 Center Ridge Road f v Suite 200 Westlake, OH 44145' Defendants A c-.r czn Complaint Comes now Dr. Jo Wingate who files this complaint in good faith and further states that it is meritorious and worthy of Judicial consideration. I am ignorant of law and legal procedures. However in my High School studies of the U.S. Constitution, I remember that justice is not solely techniques and procedures but is, justice and fair play. I ask this honorable court to overlook procedures and form as I am a Lay person and my lack of funds to obtain a licensed legal representative. That I went through an agonizing tormenting ordeal not having a means to support my family, being separated from professional equipment and supplies to make a living, no means of obtaining money to replace that equipment, supplies, fixtures, signs all of which they had in their possession and did not return to me. In the months that have followed, employees of Petro in Carlisle, PA have sabotaged my efforts to obtain business by not giving my phone number to those requesting it either in person or when calling the Petro, by removing and taking my signs posted throughout a 50 mile radius which inform truckers and others that I perform D.O.T. Physicals, D.O.T. Drug and Alcohol Tests. My lack of monies and lack of knowledge in the legal proceedings and of the correct form of presenting my case should by no means diminish the facts of this case. I ask the honorable court to consider the larger issue of this matter. Statement Of Facts On December 1, 2010 I went into Petro, went to my 10 foot by 6 foot office located in the main hallway next to the laundry and my key did not work. I went to the manager Tracy who informed me that they had changed the lock and was I no longer a tenant. I thus was locked out of my office permanently separated from and denied access to all my belongings in office, denied my means of supporting my family, and any means of recover. My office was in the Petro at 1201 Harrisburg Ave, Route 11 Carlisle, PA 17013 which is property owned by Travel Centers of America and with whom I had a signed lease for the 1 year term beginning May 1, 2010 and ending April 30, 2011. I received no notice, was not served by any government official, no papers were filed in the district court, city court, county court, state court or federal court for eviction. My letters to request my belongings and security deposit returned were never responded to. My request for a remedy to their actions was never responded to. I had a mechanical massage chair which I charged patrons to sit in and upon returning to again request my things from the manager Tracy in December 2010, I noticed the same type of chairs in front of the Barber Shop which patrons paid to receive a mechanical massage similar to the one I had in my office. In later returning I noticed in April of 2011, the structure that was my office no longer existed and in it's place were even more mechanical massage chairs. Those mechanical chairs as of the date of this complaint are still in that a*4 's log page(2)of(2) space. On December 2, 2011 my signs on poles located on Route 11 in Carlisle, PA were removed by a Petro employee. On February 4, 2011 the minister who has the trailer on Petro property warned me that the new signs I had just placed on various poles along Route 11 were going to be taken down, on December 15, 2012 after coming in to Petro and making a purchase at the travel store and speaking to the maintenance person named Jessy he later during the middle of the night on the 16' removed my sign located at the intersection of Route 11 and Interstate 81, I personally saw him do it while walking my dogs on Circle Drive in Carlisle, PA. He then proceeded onto Interstate 81. I returned my dogs back to the house I was renting, got in my car and went to exit 42 where my sign had been just hours before but now was gone. This followed a pattern of anytime the manager Tracy or the maintenance person Jessy saw me or I visited the Petro, my signs were removed from places not owned or operated by Petro or Travel Centers of America. Argument The defendant's actions against me were at the height of impropriety and illegally preformed. (1) The defendant's never executed eviction papers with the governing authorities to evict me the plaintiff, nor did any governing authorities, court or officer of the law serve me with eviction papers,. (2) The defendant's never served me with papers notifying their intent to change the lock nor evict me. (3) The defendant's never abided by lawful means to obtain and keep my property. (4) The defendant's never returned my security deposit of $1800.00 (5) The defendant's caused me to loose money and ability to make money by locking me out, keeping my belongings and by not giving my telephone number to individuals requesting. A CDL patron had to threaten to go to the authorities when my number was not given. It was essential as he had been stopped and needed the officials to verify that I had performed his D.O.T. Physical. (6) The defendant's continue to capitalize on the mechanical massage chairs which I had available at my office to generate money for the office I operated at Petro in Carlisle. (7) The defendant's never informed me that the lock was being changed on my rental space. (8) The defendant's maintenance worker had to of been told to change the locks by the manager Tracy or her superiors. (9) 1 the plaintiff, was not present when the lock was changed, was not present when my belongings were removed nor when the office structure was removed. (10) The defendant's continue to interfere and sabotage my means of earning by not forwarding telephone and in- person requests, removal of signs posted within the 50 mile radius of Petro in Carlisle insisting that other tenants and their employees not give out any information to anyone requesting either me specifically or the Doctor who did the physicals and drug tests.. (11) The defendant's actions are intentional, willful, malicious and knowing (12) The defendant's denied my tenant rights, intentionally caused emotional and financial stress. Conclusion It is evident that the employees of Petro in Carlisle, PA and their parent company Travel Centers of America, acted outside the law. There actions served their self interest by removing me from the premises in numerous ways including putting in the mechanical massage chairs to gain the income I was making on the mechanical massage chair which was generating revenue for me and my family. It is evident that they do not want me to pursue my constitutional right to making a living and being emotional happy. They ignored my written efforts to settle this matter in which I asked for monetary recovery for loss income, loss property, and asked for consideration by them placing advertisement for my business next to places drivers frequent including gas pumps, urinals, showers, billboards and signs, website, relaying my information when a patron requests either in person, on the telephone or via the internet. The relief that I seek due to the magnitude and scope of the unlawful disregard of my rights, property, and ability to earn a living and to prevent the defendant's from repeating their action again. Punitive damages, Exemplary damages, Compensator damages, General damages, Special damages and all court/legal costs and fees in the amount of $490,000.00