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Home My WebLink About10-5968l HUNTER'S RIDGE HOMEOWNERS ASSOCIATION, PLAINTIFF V. R. JACOB JOHNS, DEFENDANT THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ? ?- NO. l0 C; t L 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 AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY 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 RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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 ?;SERXICB&TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. *_ LAYE k"FERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION F CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE g CARLISLE, PENNSYLVANIA 17013 _t.1 LrICL. (717) 249-3166 ?..;? ?-. c.eo r f? Z' c-) Date: q ?fv /to .Ov Pc l- pl? c Wz17 By. Ste n Howel squire owell Law Firm 6Jon ridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 HUNTER'S RIDGE HOMEOWNERS ASSOCIATION, PLAINTIFF V. R. JACOB JOHNS, DEFENDANT THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. COMPLAINT Plaintiff Hunter's Ridge Homeowner's Association (hereinafter "Plaintiff) is a non-profit Pennsylvania Corporation with a mailing address of P.O. Box 454, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant R. Jacob Johns (hereinafter "Defendant") is an adult individual residing at 1786 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070. Defendant resides within a development subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Hunter's Ridge which was recorded on May 14, 1989 in the Office of Recorder of Deeds for Cumberland County, Pennsylvania in Miscellaneous Book 380, Page 519. 4. Defendant resides within a development subject to the Bylaws of the Association of Hunter's Ridge Homeowners' Association. 5. The governing documents of the Association require the Defendant to pay a monthly homeowners' association fee which has been established by the Association to be One Hundred Twenty Eight and 00/100 ($128.00) Dollars to cover such items as exterior maintenance, snow removal, fees, and landscaping. 6. Since March 26, 2010 the Defendant has failed to timely pay his monthly homeowners' association dues. 7. Defendant failed to appear at a hearing before the Plaintiff's Board on August 12, 2010 despite receiving written notice via certified and regular United States Mail. 8. Attached as Exhibit "A" is a true and correct copy of a Statement dated September 7, 2010 shows the outstanding amount due as of that date to be One Thousand One Hundred Fifty Five and 82/100 ($1,155.82) Dollars. 9. Defendant is aware of the governing documents which are available for review at www.hrhoal707O.com 10. The Declaration of the Association expressly permits the Association to recover all costs and attorney's fees incurred in enforcing the governing documents for the Association. See Article VI, Section 6.8.6. 11. The Bylaws of the Association expressly permit the Association to recover interest at the rate of eighteen (18%) percent per annum on any assessments not paid within five (5) days after its due date. See Paragraph 6.3. 12. The Declaration of Covenants expressly provides for the acceleration of all unpaid assessments due for the fiscal year to be immediately due and payable. See Article VI, Section 6.12 of the Declaration of Covenants. 13. Plaintiff seeks to recover accelerate the three (3) months of assessments due for 2010 or Three Hundred Eighty Four and 00/100 ($384.00) Dollars pursuant to Article VI, Section 6.12 of the Declaration of Covenants. 14. Plaintiff has incurred legal fees of Three Hundred and 00/100 ($300.00) Dollars in filing this complaint. WHEREFORE, Plaintiff seeks an award of One Thousand Eight Hundred Thirty Nine and 82/100 ($1,839.82) Dollars against the Defendant as well as an award of costs and future legal fees in excess of $300.00 and interest at Fifteen Cents ($0.15) per diem in interest from September 7, 2010. Respectfully submitted, BY: Steven oweijv?squire Ho 11 Law Firm 9 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: ? / I y/j' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: resident of the Hunters Ridge Homeowners' Association Date: Hunters Ridge Homeowners Assn. PO Box 454 New Cumberland, PA 17070 TO R.Jacob Johns 1786 Weatherburn Drive New Cumberland, PA 17070 Statement DATE 9/7/2010 AMOUNT DUE AMOUNT ENC. $1,569.82 DATE DESCRIPTION AMOUNT BALANCE 12/31/2009 Balance forward 146.00 01/01/2010 Monthly Fee 128.00 274.00 01/09/2010 Late Fee 10.00 284.00 02/01/2010 Monthly Fee 128.00 412.00 02/08/2010 Late Fee 10.00 422.00 03/01/2010 Monthly Fee 128.00 550.00 03/10/2010 Late Fee 10.00 560.00 03/26/2010 PMT # 1183. -560.00 0.00 04/01/2010 Monthly Fee 128.00 128.00 04/10/2010 Late Fee 10.00 138.00 04/15/2010 Special Assessment-Snow Removal 300.00 438.00 05/01/2010 Monthly Fee 128.00 566.00 05/09/2010 Late Fee 10.00 576.00 06/01/2010 Monthly Fee 128.00 704.00 06/08/2010 Late Fee 10.00 714.00 06/12/2010 Fee for monthly installment plan 20.00 734.00 07/01/2010 Monthly Fee 128.00 862.00 07/08/2010 Late Fee 10.00 872.00 08/01/2010 Monthly Fee 128.00 1,000.00 08/11/2010 Late Fee 10.00 1,010.00 08/31/2010 interest charged on delinquent payments or delinquency to the 7.82 1,017.82 Assn. 09/01/2010 Monthly Fee 128.00 1,145.82 09/07/2010 Late Fee 10.00 1,155.82 10/01/2010 Monthly Fee 128.00 1,283.82 10/08/2010 Late Fee 10.00 1,293.82 11/01/2010 Monthly Fee 128.00 1,421.82 11/08/2010 Late Fee 10.00 1,431.82 12/01/2010 Monthly Fee 128.00 1,559.82 12/07/2010 Late Fee 10.00 1,569.82 AMOUNT DUE $1,569.82 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~gy,,,~, of ~ ~r~brr~~g~ Jody S Smith ~; ~, Chief Deputy ~~ ~ ~, Richard W Stewart `, SOIICIfOr G7FF€~E QF ' ~~~ ~»ERIFI= Hunter's Ridge Homeowners Association vs. R. Jacob Johns Case Number 2010-5968 SHERIFF'S RETURN OF SERVICE 09/23/2010 04:25 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2010 at 1625 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: R. Jacob Johns, by making known unto himself personally, at 1786 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.74 September 27, 2010 ~~~ 7~`'~ TI~K, DEPUTY SO ANSWERS, ~:~ RON R ANDERSON, SHERIFF ~= ~ ..~! ~~ ~~ ~~ ~~ -~ ~'' ~ .~ _. ~ ~~ ~ ~, .. ~~: 4 ~ __r. ..,_ Ici GountySuile Shenif. Teleosoft. Inr.. David 23. Bueri TProtfconotary Office of the Prothonotary Cum6er(and County, Pennsylvania 7�yrkS. Sohonage, ESQ Solicitor AO -391, g CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 CarCsfe, TA 0 (Phone 717 240-6195 0 Ta., 717 240-6573