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HomeMy WebLinkAbout14-7330 Supreme Court of"Pennsylvania Court 0A Common Pleas For Prothon otary Use Only: Civil Cover Sheet Docket No: County33t� The information collected on this form is used solely for court administration purposes. This form clods not sitpplei?iertt or•rY'plctee tlie.filiii-and seri,ice of�pleadinJs or other papers cis required by laity or rules of cotu-t. Commencement of Action: S Complaint ❑ Writ of Summons ❑ Petition ? Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T elie— C J S J tk.r 4 CDL- �,bJ Li 1 i I eS I Are money damages requested? "�Yes El No (check Amount Requested: []within arbitration limits (check one) ,Routside arbitration limits 0 N Is this a Class Action Suit? [❑Yes IR No Is this an MDJAppeal? ❑ Yes X No A Name of Plaintiff/Appellant's Attorney: Check Stere if ou have uo attorney (are a Self-Represented 1Pro Sej Litigant] Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRLVARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board ❑ Other: ,I, I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste El Ejectment F1 Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title J 0ther: ❑ Medical ❑ Other: ❑ Other Professional: . Updated 1/1/2011 7 3 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WI a o Plai tiff rrl C:7 rrl m vs t U (A„hd�/P • 5c: Defendant - --- NOTICE TO DEFEND ri 11Z lo 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 FILNG 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 ,/S V7S ,0 117 Page (1) of(4) Court of Common Pleas Cumberland County Division Carlisle, Pennsylvania Case:& 33 Date:December 19,MTR4 J Wingate aka Jo Wingate P. O. Box 54 Boiling Springs, PA 17007 Plaintiff Versus Sandra F. Ditzler and Heirs 15 Circle Drive Carlisle, Pennsylvania 17013 Defendants Complaint Comes now J.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 United States of America Constitution,I remember that justice is not solely techniques and procedures but is, justice and fair play. I ask that this honorable court to overlook procedures and form as I am a Lay person and lack of funds to obtain a licensed legal representative. That I went through agonizing tormenting ordeals being a tenant of Sandra F. Ditzler who owns property I rented located directly next door to her place of residency. Sandra F. Ditzler did illegally discriminate against me,maliciously speak with authority figures to have me fired from my job,illegally raised my renewal rent with no intention of making improvements or addressing safety concerns, post handwritten notices on windows and doors at the property I was her tenant and property not her tenant. Sandra F. Ditzler did open and write on my mail that was delivered by the U.S.P.S. She did without consent enter the property I rented from her even with no emergency she did illegally and personally change the locks on the doors to prevent my entry to the property I rented from her. She thus had legal possession of my property which was both personal,hereditary and business which she then claimed was stolen. She did call me a name in court of which by definition I am not. She did falsely accuse me of stealing. All Sandra F. Ditzler malicious and intentional acts caused me emotionally and financial torment and distress, disrupted my peaceful existence and hindered my means of shelter and support for my family. 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 in this matter. Statement of Facts Sandra F. Ditzler defendant lives at 15 Circle Drive in Carlisle,Pennsylvania 17013 and I was her tenant with written and signed lease for property the court records shows she owns at 11 Circle Drive in Carlisle, Pennsylvania 17013. Sandra F. Ditzler did with intent tell me to get out of her house. Sandra F. Ditzler did ask me why I didn't leave her property I replied"beacause I have a lease". Sandra F. Ditzler did tell neighbors in 2012 that I would be out of her house in June of the same year. Defendant has a reputation for discriminating against certain ethnicities of which she had never agreed to rent to. My appearance did not lead her to that conclusion but legal papers did indicate my ethnicity and her harassing actions and verbiage let me know she wanted me out of her house. Upon receiving the renewal lease in 2012 for the next year starting July 2012 Sandra F. Ditzler did raised the rent from $1,250 to $1,550 and when asked why she had raised the rent by$300 per month she said"no particular reason". I, J. Wingate plaintiff asked if she was going to make any improvements defendant said no.I asked if she, Sandra F. Ditzler was going to take care of the complaints of dangerous boards and trees she said no. Sandra F. Ditzler thus Page (2)of(4) was discriminating against me by raising the rent and trying to force me out. I continually wrote in the memo section of my monthly rent checks to her to fix the dangerous items. In September 2012 Sandra F. Ditzler banged on my door demanding me to move a vehicle out of the driveway, remove weeds in here pile of debris,pay a school tax bill or she would call the police. I plaintiff told her to go right ahead. She then stated she was going to call my employer and have me fired. She did just that. The Carlisle police knocked on the door as she had complained,they said they did not see any violation would call if need be and left. Sandra F. Ditzler called my employer at Yellow Breaches Educational Center and spoke with 2 different receptionists,my immediate supervisor and also the director then and on numerous occasions telling them to fire me. My immediate boss said she went on for several minutes stating he needed to fire me. Sandra F. Ditzler did speak directly and in person with a Cumberland County elected school board member Barbra G and her husband with the same malicious intent and distinct wordage of getting me fired from my job with Yellow Breaches Educational Center. Sandra F. Ditzler did call me an Ass of which by definition is a donkey and of which I am not she called me this both while on the property at 11 Circle Drive in Carlisle, Pennsylvania 17013 and while in court in front of Magistrate Day and in front of Magistrate Fegley. I did write on the December 2012 rent check that we should try to come to a cordial agreement I also sent similar to her via certified return receipt U.S.P.S. She ignored it and continued the same negative and discriminating behavior towards me. Defendant did post for rent signs up at the corner of Route 11 Harrisburg Pike and Country Club Road, at the corner of Country club Road and Circle Drive and on the property I rented at 11 Circle Drive in Carlisle, Pennsylvania 17013 on December 16"2012. 1 sent her a note stating I still had a lease so please remove the signs to which she did not. My rent had already been paid with the note asking to come to a cordial agreement which defendant ignored. Sandra F. Ditzler, Defendant entered property 11 Circle Drive in Carlisle, Pennsylvania 170131 rented without my consist and stated that in front of Magistrate Fegley and police incident reports she filed It came to my attention that she had a habit of entering without consent by several other tenants of the same property . Upon coming home to the property on January 10'h 2012 I could not get in due to the locks being changed and noticed no trespassing signs posted on several doors and windows and that the previous handwritten notes along with copies of the signed lease and bills were still posted. I called 911 and they told me to go to District court where Magistrate Day oversees. I did just that and they looked in the computer and their files and saw no record of eviction. When asked what to do next I was told to get an attorney and told me Sandra F. Ditzler had a reputation as a landlord. I was devastated as my property was in the house I had left lights on electric heaters on as I never used the oil furnace due to the smell and danger had my business equipment in there and devastated as to how I would be able to make money in my business when my equipment was locked up. I tried to get someone to represent me but could not afford it. Sandra F. Ditzler did post numerous handwritten notes on doors and windows of 11 Circle Drive in Carlisle,Pennsylvania 17013 while I was a tenant, she posted copies of the lease with our signatures on the doors which jeopardized my personal security, she did open and write on my mail which was addressed to me and to which I gave her no permission to touch nor write on. She wrote on my bills and posted them on doors and windows at 11 Circle Drive Carlisle Pennsylvania 17013. Sandra F. Ditzler did not allow me peaceful existence nor to feel secure in my person.. In those police reports it clearly shows Sandra F. Ditzler on January 2,2012 did not tell the truth by stating the house was empty when she then later produced pictures in Magistrate Fegleys court property belonging to plaintiff and acknowledged property was still there for plaintiff to retrieve. Also in Magistrate Fegleys'court she stated that she changed the locks on the doors on January 10th 2013 as she had enough and didn't want me in her house. This locking out occurred without Sandra F. Ditzler nor anyone on her behalf filing any court papers in any court within Cumberland County Pennsylvania and thus illegally evicted me separated me from my belongings.At that point she took possession of my property and belongings I had at 11 Circle Drive Carlisle, Pennsylvania illegally. She would drive by 41 Country Club Road Carlisle Pennsylvania where I next lived which she could see from her front door at 15 Circle Drive Carlisle Pennsylvania and I could see her and her property at 15 Circle Drive Carlisle Pennsylvania from both the back and side of that property. Residents on Country Club Drive Carlisle Pennsylvania also noticed her as she would both drive by slowly stop and also look in the mailbox from the time I moved there until the time I moved out. Next Sandra F. Ditzler filled a complaint after illegally locking me out separating me from my property wanting damages. I thought I'd be able to get my property which she had possession of due to illegally locking me out by letting it be known in front of the Magistrate. During the proceedings in front of Magistrate Fegley in February, Sandra F. Ditzler omitted to locking me out and stated she personally changed the locks and t Page (3) of(4) also stated that most of the property that had been there was stolen during a robbery. Her reporting the robbery is verified by police reports. She in those reports accused me of the robbery. That was the first I knew my property had been stolen and of her accusations. I had been and continue to be devastated both emotionally and financially ll by Sandra F. Ditzler actions. I requested to get my things that had not been stolen that day in court in front of Magistrate Fegley but Sandra F. Ditzler insisted upon having someone there to witness my getting my things. Magistrate Fegley during those proceedings gave her two weeks in which to find witnesses to view my getting m property that was not stolen as Sandra.F Ditzler insisted upon having others there to witness my retrieval. She did not follow the courts orders and denied me access within that two week time frame. I wrote that court I never heard from them but a week and a half later Sandra F Ditzler had someone call me to state I could come and get my things tomorrow which was Sunday after 2 pm. I got there and was dis trot at not being allowed anywhere except the garage where things were disorganized. I was not allowed to retrieve my jewelry, special papers and sterling silverware which I had hidden in the house as stated in court. The disorganized things also included em boxes and bags 1 of which had a dead gerbil that was not mine and 2 with dead mice ey were put there ppy Th th intentionally as the bags they were in were tied and no holes existed for their entry into the bags. I was ere the empty boxes and bags on the driveway adjacent to the garage opening when Sandra F. Ditzler started yelling . at me. I ignored her. One of her male witnesses went over to her and came back to me and said Sandra F. Ditzler had said I can't do that I can't leave a mess. I told him that she should not have touched nor moved my belongings should not have put dead animals in tied bags for me to transport and I would clean up but not to speak to me about anything she had to say. At 4:45 while still having more to move the witnesses Sandra F. Ditzler had there told me they had to leave at 5pm so get whatever I could and come back later when Sandra F Ditzler could arrange for another time for me to get the rest of my things. Again she was denying me my things I had not finished what was in the garage and had not gotten anything I had in the storage building such as tools,mower, snow blower etc.. I wrote the court and never got a response to when I would be able to get the rest of my property. In April a neighbor residing on Circle Drive Carlisle Pennsylvania told me that Sandra F Ditzler had put things that were in the house and storage building out on the curb. Sandra F. Ditzler did post with tape on the door handwritten notes on the property at 41 Country Club Drive Carlisle Pennsylvania which I found a continuance of her malicious behavior I wrote the police to advise her to not trespass. The defendants actions against me were at the height of impropriety and illegally preformed. The defendant maliciously and intentionally spoke derogatorily to my employer and school board member to et me fired. g The defendant discriminated against me by raising the rent without any reason. The defendant in a court of law called me a name to which by definition I am not. The defendant never executed eviction papers with governing authorities to evict me the plaintiff,nor did any governing authorities,court or court officer of the law serve me with eviction papers. The defendant never served me with papers notifying The defendant never abided by lawful means to obtain and keeer p m change the lock nor evict me. The defendant never returned my security deposit of$1,250.00 y property. The defendant caused me to loose money and the ability to make money by locking me out,keeping my belongings The defendant had possession of my belongings and did not keep them secure, advertised via rental signs that the property was for rent,posting no trespassing signs and exposed the property to all and m roe to theft. The defendant exposed my lease and signature to all without my consent. y property The defendant continued to interfere with my peaceful existence by posting her handwritten notes on property she trespass on and I was renting located at 41 Country Club Road Carlisle Pennsylvania The defendant continued her stalking behavior by driving by, stopping. going into the post box and walking on property I rented at 41 Country Club Road Carlisle Pennsylvania The defendant continued to interfere and sabotage my means of earning a living by removing sign the 20 mile radius of Car lisle Pennsylvania s posted within The defendants actions are intentional, willful,malicious and knowing. The defendant denied my tenant rights, intentionally caused emotional and financial stress. y Page (4) of(4) Conclusion It is evident that the Defendant Sandra F Ditzler acted outside the law. Her calling me a name by definition I am no, b actions served her self interest by fired, by postin m signature t' y taking MY mail and writing on it, by calling my employer to get me Posting y gnature on the lease so all could see, by removing me from the Property, with no intention of using the difference to improve the rental property, b keeping caused financial stress and emotional stress to me and those I provide for. P P ' by raising the rent y Ping my possessions which all want me to pursue my constitutional right to make a dthr. It is evident that the defendant does not efforts to settle this matter prior to it's present escalation.living ask for moe monetary reh income, discrimination a emotionally aPPY She ignored my written The relief I seek due to the magnitudeme dry recovery for loss property,loss Purse happiness, earn a living ao prevent the defendantd scope of avom disregard of my rights,property and abilityt Punitive damages, Exem 1 from repeating her actions. ° Exemplary damages, Compensatory damages, General damages, S cial courdlegal costs and fees in the amount of$3,000,000.00 Pe damages and all