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Home My WebLink About11-3969 HUNTER'S RIDGE HOMEOWNERS ASSOCIATION, PLAINTIFF V. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NICHOLAS DAVIS AND ` TRACY DAVIS NO. 1, • ?? "I _, DEFENDANTS • NOTICE ?-n cl- -n YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAI ift 'T' IE :Z CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION ITffiN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERV:QD 5iY '. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: Date: q/2-7/0 S? en Howell; Esquire Rowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 C??°ta.oo ? ?, ak , '*°?? s3 gW asgsLr.P HUNTER'S RIDGE HOMEOWNERS THE COURT OF COMMON PLEAS ASSOCIATION, CUMBERLAND COUNTY PLAINTIFF PENNSYLVANIA V. CIVIL ACTION - LAW NICHOLAS DAVIS AND TRACY DAVIS NO. DEFENDANTS COMPLAINT 1. 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. Defendants Nicholas Davis and Tracy Davis (hereinafter "Defendant") are adults residing at 1779 Kings Arms Court, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendants reside 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. Defendants reside 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 Defendants 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 August 1, 2010 the Defendants have failed to timely pay their monthly homeowners' association dues. 7. Defendants failed to appear at a hearing before the Plaintiff's Board on February 8, 2011 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 February 16, 2011 shows the outstanding amount due as of that date to be One Thousand Eight Hundred Fourteen and 26/100 ($1,814.26) Dollars. 9. Defendants are aware of the governing documents which are available for review at www.hrhoal7070.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 ten (10) months of assessments due for 2011 or One Thousand Two Hundred Eighty and 00/100 ($1,280.00) Dollars pursuant to Article VI, Section 6.12 of the Declaration of Covenants. 14. Plaintiff has incurred legal fees of Four Hundred and 00/100 ($400.00) Dollars in filing this complaint. WHEREFORE, Plaintiff seeks an award of Three Thousand Four Ninety Four and 26/100 ($3,094.26) Dollars against the Defendants as well as an award of costs and future legal fees in excess of $400.00. Respectfully submitted, BY: St en How , E quire 'fJowell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Date: 67 fi l 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: ?G?n eu Vesident of the Hunters Ridge Homeowners' Association Date: ?S'??? Hunxees Ridge Homeowners Assn. PO Box 454 New Cumberland, PA 17070 TO Nicholas & Tracy Davis 1779 Kings Arms Court New Cumberland, PA 17070 Statement DATE 2/16/2011 AMOUNT DUE AMOUNT ENC. $1,814.26 DATE DESCRIPTION AMOUNT BALANCE 12/31/2009 Balance forward 0.00 01/01/2010 Monthly Fee 128.00 128.00 01/09/2010 Late Fee 10.00 138.00 02/01/2010 Monthly Fee 128.00 266.00 02/08/2010 Late Fee 10.00 276.00 03/01/2010 Monthly Fee 128.00 404.00 03/10/2010 Late Fee 10.00 414.00 04/01/2010 Monthly Fee 128.00 542.00 04110/2010 Late Fee 10.00 552.00 04/15/2010 Special Assessment-Snow Removal 300.00 852.00 05/01/2010 Monthly Fee 128.00 980.00 05/07/2010 PMT #325. -300.00 680.00 06/01/2010 Monthly Fee 128.00 808.00 06/08/2010 Late Fee 10.00 818.00 06/12/2010 Fee for monthly installment plan 20.00 838.00 07/01/2010 Monthly Fee 128.00 966.00 07/08/2010 Late Fee 10.00 976.00 07/24/2010 PMT #339. -150.00 826.00 08/01/2010 Monthly Fee 128.00 954.00 08/11/2010 Late Fee 10.00 964.00 09/01/2010 Monthly Fee 128.00 1,092.00 09/09/2010 Late Fee 10.00 1,102.00 09/30/2010 interest chgd 9/14-9/30 2.52 1,104.52 10/01/2010 Monthly Fee 128.00 1,232.52 10/13/2010 Late Fee 10.00 1,242.52 10/31/2010 interest chgd 10/1-10/31 4.81 1,247.33 11/01/2010 Monthly Fee 128.00 1,375.33 11/08/2010 Late Fee 10.00 1,385.33 11/30/2010 interest chgd 11/1-11/30 4.71 1,390.04 12/01/2010 Monthly Fee 128.00 1,518.04 12/07/2010 Late Fee 10.00 1,528.04 12/31/2010 interest chgd. 5.07 1,533.11 AMOUNT DUE $1,814.26 WJ . • Hunxer's Ridge Homeowners Assn. PO Box 454 New Cumberland, PA 17070 TO Nicholas & Tracy Davis 1779 Kings Arms Court New Cumberland, PA 17070 Statement DATE 2/16!2011 AMOUNT DUE AMOUNT ENC. $1,814.26 DATE DESCRIPTION AMOUNT BALANCE 01/01/2011 Monthly Fee 128.00 1,661.11 01110/2011 Late Fee 10.00 1,671.11 01/31/2011 interest chgd 5.15 1,676.26 02/01/2011 Monthly Fee 128.00 1,804.26 02/08/2011 Late Fee 10.00 1,814.26 AMOUNT DUE $1,814.26 David D.Buell" Prothonotary Office of the 1n- rothonotary Cum6er[andfCounty, Pennsylvania Kirks. Sofionage, ESQ Solicitor 3 944? 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 ® Carfsfe, TA ® phone 717 240-6195 0 Ta ( 71 7 240-6573