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HomeMy WebLinkAbout11-54360/ r1nUUnNwFOLTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Pi LED 7/5 1 vi I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. Ridge Court Homeowners Association 1101 Ridge Drive Mechanicsburg Hon. Mark Martin PA 17055 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (uerenoanp 06/07/2011 Frank C. Petroccitto VS Ridge Court Homeowners Association DOCKET No. SIGNATURE OF APPELLANT OR AI I OKIVtr O AULN I CV-193-2011 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant' ee Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary e Enter rule upon Frank C. Petroccitto appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?i yi f TerlK ) within twenty (20) days after service of rule or suff ntry of judgment of non pros. Sig atufe of appellant or attorney or agent Ma C. Duffie, Esq. RULE: To Frank C. Petroccitto appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) *,-,5-/zo Thee date of service of this rule if service was by mail is the `date of the mailing. Date: nature ofP thon a or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 OF THE P OTNDN TARS' 201? JUL -S PM 12: 36 CU M &-RALAND COUNTY SYLVANI A 9 1. 95 PA A`m AA&dc e?-?9oa 2.V' a (v 1,3q3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Ridge Court Homeowners'Association 1101 Ridge Dr Mechanicsburg, PA 17055 Notice of Judgment/Transcript Civil Case 54- iloa o p 1'1oe Frank C. Petroccitto NIeC?" V. Ridge Court Homeowners Association Docket No: MJ-09305-CV-0000193-2011 Case Filed: 5/16/2011 _u...... _. _ ...__ _ _ ...__._.. _ Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-CV-0000131-2011 Ridge Court Homeowners Frank C. Petroccitto Judgment for Plaintiff 0610712011 Association MJ-09305-CV-0000193-2011 Frank C. Petroccitto Ridge Court Homeowners Judgment for Plaintiff 06/07/2011 Association Judgment SummaryJoirit!§everal l.iabiiity in, dividual Liability moue Participant Frank C. Petroccitto $0.00 $352.60 $352.60 Ridge Court Homeowners Association $0.00 $748.50 $748.50 Judgment Detail ("Post Judgment) In the matter of Ridge Court Homeowners Association vs. Frank C. Petroccitto on 6/07/2011 the disposition is Judgment for Plaintif and judgment was awarded as follows: Judgment Component Joint/Several Liability individual Liability Deposit Applied Amount Civil Judgment $0.00 $258.00 $258.00 Filing Fees $0.00 $94.60 $94.60 Grand Total: $352.60 In the matter of Frank C. Petroccitto vs. Ridge Court Homeowners Association on 6/07/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Attorney Fees $0.00 $200.00 $200.00 Civil Judgment $0.00 $490.00 $490.00 Filing Fees $0.00 $58.50 $58.50 Grand Total: $748.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. s,yy „K ,I /?!/j(//??/'y/Y/??(?f?(/{?JJ1 ,/q??}//(mfr e .da t d ? ,?k? ` a Date Magisterial District Judge Mark Martin .? MDJS 315 Page 1 of 2 Printed: 06/07/2011 4:39:16PM FILED-OFFICE OF THE PROTHONOTARY 2011 JUL 21 PM 3: 32 Frank Petroccitto 1102 Ridge Drive Mechanicsburg, Pa. 17055 (717) 766-5130 TRAVELORPPc_AOL.COM CUMBERLAND COUNTY PENNSYLVANIA et al pro se FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association..... Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5436 (Civil Term) NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 1 Court House Square Carlisle, PA. 17013 (717) 240-6100 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. Frank Petroccitto 1102 Ridge Drive Mechanicsburg, Pa. 17055 (717) 766-5130 TRAVELORPa-AOL.COM FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association...., Defendant. Et Al Pro Se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5436 (Civil Term) COMPLAINT AND NOW comes the Plaintiff, FRANK PETROCCITTO, by and through his own accord and files this Complaint and in support thereof, avers the following: INTRODUCTION This is a civil action brought by Plaintiff, Frank Petroccitto (hereinafter "Plaintiff'), against Ridge Court Homeowners Association (hereinafter known as the Defendant"), for damages resulting from the action of a Breach of Contract, Harassment, and by its' own hand violated their own rules and regulation known as "the By-Laws., that the Defendant committed arising out of monumental loss of time, health and resources. The Defendant knew and ignored the following Complaint and did nothing for 2 years. Page 3 of 13 PARTIES 1. Plaintiff Frank Petroccitto is an adult individual residing at 1102 Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Ridge Court, Currently located at 1100 Ridge Drive, Mechanicsburg, Pa. 17055, is a non profit corporation that does business in Pennsylvania. 3. The current registered office address for the defendant is 1100 Ridge Drive, Mechanicsburg, Pennsylvania 17055. JURISDICTION AND VENUE 4. Jurisdiction and venue are appropriate in this Court because the events and transactions out of which the Plaintiffs claims arise occurred in Cumberland County, Pennsylvania. FACTS 5. On July 9, 2009, Plaintiffs partner attempted to contact the liaison for the Defendant, to no avail. See Exhibit "A" 6. After numerous calls my lawn was over 28 inches in height. See Exhibit "B." 7. A request was written and forwarded to the Secretary, Carol Bibighaus. following a phone call to her to no avail. 8. The dues are to be spent on lawn maintenance of homeowners and common areas. It also affords for insurance for the common area. To date we do not own the common area, as it is not deeded to the Defendant. Although a law is in place to maintain said area, it implies to an Associated that is actually valid and whose Declaration IS NOT EXPIRED. Page 4 of 13 9. Over the next year Mr. Petroccitto began caring for his property and that of the entire block as no one on this side of the street was being cared for. 10. Mr. Petroccitto implicated his own self-help program as to be a good neighbor and make substantial purchases to mow, weed, and feed the lawns and to maintain shrubbery as it is described in the Rules and Regulations. Refer to exhibit "C" #7 11. Mr. Petroccitto requested verbally, personally and in writing to review and audit the books for the Association over 20 times. Refer to Exhibit "D" item #10 It was denied. 12. Mr. Petroccitto was then told after the first of the 2011 calendar year his requests would be honored however he got no results. 13. The contract, bylaws, of which I am accused of not abiding to were not active during that period of approximately 6 1/2 years. From 11-4-2004, (Declaration item 12) to 4-11- 2011 at which time is was re-instated. See Exhibit "J"., (the re-instated one which has NOT been recorded in accordance to corporate law. The book and page WAS NOT recorded on the expired Declaration. 14. A release letter was sent to every homeowner of which Mr. Petroccitto did not fill out and sign. See Exhibit "E". 15. A fence was erected across the street which is in violation of the declarations see Exhibiits "F, F-1" 16. Business is not to be had at any residence in the association. The president, by her own mouth, concedes to running a business. Articles of incorporation #3 see Exhibit "G" 17. The President herself, Marylin Breen, continually violates a rule for trash. Rules and Regulations # 1-C. see Exhibit "H, H-1" Page 5 of 13 18. The Association ignores a boat in a member's driveway. See Exhibit "H, H-2. 19. In July of 2009, the police were called on The Plaintiff for putting out a mattress the day before trash day and it was clearly on a neighbor's property. 20. The plaintiff has had authorities called on him numerous times, including Steve from the Township for maintaining my handicap ramp and several other issues. 21. Mr. Petroccitto has been complained about for installing a pool. 5 people were called and ALL concede that the "pool" was no where near my property. Once again, a way to harass me. A certified letter was sent of whom only 2 officers responded and 2 refused it, one of which was the President of the Associated, Jack Shelton. 22. A structure was of a concrete sloe and a Gazebo was built on a property without a permit or permission to do so. See rules and regulations item 12A Exhibit "I, 1-2" 23. Mr. Petroccitto was arrested by charges filed by Marylyn Breen, President, which was later dismissed. See exhibit "K" COUNTI Breach of Contract 24. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 23 above, as though the same were stated therein. 25. At all times material hereto, Plaintiff believes therefore avers, the Parties were bound by various written agreements, true and correct copies, of which are attached hereto as Composites exhibits A-D 26. Under the terms of those agreements, the plaintiff did not comply to their own agreements having breeched our arrangement. Page 6 of 7 27. In doing so, the Plaintiff sustained many financial, and physical hardships to do as they prescribed they would do under the heading "self help." 28. The time lapse for renewing the Declaration was 6 Y2 years. By their own admission, this is remarkable and unacceptable by any means. 29. These failures constituted breeches of the aforementioned agreements substantially prior to my default in dues. 30. Despite repeated demands to have my lawn mowed, and audit the books, the continue to refuse and/or fail to fill my requests. 31. The service was foundation of fraud as they could NOT produce a signature for our records. 32. 1 was served by way of proof of certification of which the USPS has no record of my signature. Definitions are attached. 33. As a direct result of their failure, I was forced to maintain my property values, and at the request of others, theirs as well. (a) The agents, servants, workman, employees and/or officers of Ridge Court Homeowners Association, acting in the scope of their authority and employment, did not fulfill their responsibility as an Association and therefore breeching their contract with its' members. (b) The agents, servants, workman, employees, or officers of Defendant, acting in the scope of their authority, did not advise Plaintiff of their intent to serve notice until the proof of service notice was received on July 18, 2011, leaving me exactly 8 days to file this complaint. Page 7 of 13 (c) The agents, servants, workman, employees, officers and directors of Defendant, acting in the scope of their authority, caused the Plaintiff undo hardship and continues to cause harm as a result of their own pride. COUNT 2 Harassment 34. Plaintiff was and is repeatedly harassed by obscene gestures by a prior officer., Peggy Keisling. 35. Only one action has ever been taken by a homeowner since the conception of the Association. 36. 1 am repeatedly being complained about to officials of the Township and other members. 37. The Defendants refuse to acknowledge my requests. At an earlier point, it was necessary to retain council in my defense of their continued harassment. See exhibit "U. 38. The Plaintiffs has won their case in the Magisterial part with Judge Martin but file an appeal for the sole purpose of harassment. Page 8 of 13 COUNT 3 Malice 39. For all reasons noted above, this case has absolutely no foundation or merit on it's face except to be malicious. 40. By virtue of the fact service was done by trickery and the only way I received notice was by receiving the certification of mailing and looking it up on the Internet. WHEREFORE, Plaintiff, seeks damages from Defendant in an amount not exceeding Two Thousand Dollars ($2,000) together with interest and costs of suit and such other relief that the court deems just and proper. Respectfully Submitted, Fra k Pe cJuly 20, 2011 Frank Petroccitto, et al pro se Page 9 of 10 ., VERIFICATION I, Frank Petroccitto, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: ? :k 0 Frank Petroccitto Page 10 of 13 CERTIFICATE OF SERVICE I, Frank Petroccitto, hereby certify that on July, 21, 2011 , I served a copy of the foregoing Complaint by HAND DELIVERY to the address below: Johnson and Duffy Law Offices, Attorney for Ridge Court Homeowners Association C/O Laura L. Dobbin 301 Market Street Lemoyne, Pa. 17043-0109 ( See attached) Carol Bibighaus, Secretary for Ridge Court Homeowners Association 522 Lewisberry Road New Cumberland, Pa. 17070 Marylyn Breen, President of Ridge Court refused service and slam door on our face 1100 Ridge Drive Mechanicsburg, Pa. 17055 71 Sr` COMMONWEALTH OF PENNSYLVANIA Kristen MNotarial w . Gabwm. ry Public Carlisle am. Cumberland County My Comrrrlsslon E,"w Feb. 11, 2013 Member, Pennsylvania Assocfalion of Notaries r Frank Petroccitto 301 MARKET STREET L A W 0 F F I C E S P.O. BUN 109 OHNSON ' 1:1?10Y\?. PA 17043-0109 DUFFIE vnvit'.idsn:com 117-761.4540 Fax: 717.761.3013 LAURA L. DOBBIN lid@,idsiv.com Lair Firm Administrator cc Ll _..??G'j? a7 zo 1? Frallt M COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland W THE CASE of wren, Jane M. Titzell MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No r 1-Jr ?3! yi I T? NOTICE OF APPEAL / Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Districi Judge on the date and in the case referenced below. Ridge Court Homeowners Association 1101 Ridge Drive 06/08/2011 CV-192-2011 Mechanicsburg NOTICE OF APPEAL FROM Hon. Mark Martin This block will be signed ONLY when this notation is required under pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case- S+9?+ehNe dRdhanafary arDeputy PA Ridge Court Homeowners Association 17055 IGMATURE OF APPELLANT OR ATT AGENr If appeNant was Clai n (see Pa. R.C.P.D.J. No. 1001(6) in action before a Magisterial Disbrict Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from cony of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jane M. Titzell appellee(s), to file a complaint in this appeal Ma (Common Pleas No. ?? _ 5y39 04, w l 'r nI ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. atur a of appellant or atlomey or agent Mark C. Dune, Esq. RULE: To Jane M. Titzell , appellee(s) Name of appaiw(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon .you by personal service or by certified or registered mail. (2) ,If you-do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YQU_ ( .- 1{e date of teMceof. this rule if service was by mail is the date of the mailing. Date: 3 /20 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No. MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone. 717-766-4575 Ridge Court Homeowners 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-09305-CV-0000130-2011 MJ-09305-CV-0000192-2011 Judgment Summary Participant Jane M Titzell Ridge Court Homeowners $0.00 $372.25 $0.00 $358.50 $372.25 $358.50 Judgment Detail (-PostJudgment) In the matter of Ridge Court Homeowners vs. Jane M Trtzell on 6/08/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $000 $48.00 $48.00 Attorney Fees $0.00 $218.75 $218.75 Filing Fees $0.00 $105.50 $105.50 Grand Totat $372.25 In the matter of Jane M Titzell vs. Ridge Court Homeowners on 6/08/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $300.00 $300.00 Filing Fees $0.00 $58.50 $58.50 Grand Totat $358.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CML DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WTTH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Jane M Titzell V. Ridge Court Homeowners Docket No. MJ-09305-CV-0000192-2011 Case Filed 5/16/2011 Plaintiff Defendant Disposition Ridge Court Homeowners Disposition Date Jane M Titzell Judgment for Plaintiff 06108/2011 Jane M Titzell Ridge Court Homeowners Judgment for Plaintiff 06/08/2011 Joint/Several Liability Individual Liability Amount Magisterial District Judge Mark Martin MDJS 315 Page i of 3 Printed: 07/0512011 1 t24:05AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL I I MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No, tl - 54s Civi i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Distric Judge on the date and in the case referenced below, Ridge Court Homeowners Association 1101 Ridge Drive Mechanicsburg 06/08/2011 Ridge Court Homeowners Association CV-130-2011 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. somas ofPnwmnawy or Degfy Hon. Mark Martin PA V. Jane M. Titzell was FROM RC.P.D.J. No. 1001(6) in 1705: before a Magisterial District Judge, A COMPLAINT MUST BE FILEL within twenty (20) days alter filing the NOTICE of APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name ofappeMee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name ofappeMee(s) (1) You are notified that a rule is hereby entered upon you to film a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail, is the date of the mailing. Date: 20 S19natu 9 OfPmMwotary orDVW YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment(Transcri t Civil COUNTY OF CUMBERLAND P Case Mag. Dist No: MDJ-09-3- 05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Kluge UOUrt Homeowners 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition' Summary Ridge Court Homeowners v. Jane M Titzell Docket No: MJ-09305-CV_ooool30-2011 Case Filed: 4/5/2011 Docket No Plaintiff DefandaM MJ-09305-CV-0000130-2011 Ridge Court Homeowners Disposition Dispositforr Date W-09305 -CV-0000192-2011 Jane M TifreM J? M Tkzen Judgment for Piaintitr 06/08/2011 __ .._... ?:.._ - Ridge Court Horneowners Judgment for Plaintiff 08108/2011 trdgmetrt - Summary Joirrtr5everai Liabil _ Individual Lia&[ty._._....._.-----....-------_.. Amount Participant Jane M Tltaell $0.00 $372.25 Ridge Court Homeowners $0.00 $358.50 $372.25 _ _. $358.50 u merit dg Detail i*Post.J ?... In the matter of Ridge Court hers vs. Jane M Tdzbil on WW011 the dis awarded as follows position is Judgment for Plaintiff and judgment was Cud MI Judgment Component JoinUSeveral Liability Individual Liability Deposit Applied Amount ??y Fees $0.00 $48.00 x•00 $218.75 $4870 Filing Fees $0.00 $21875 $105.50 $105.50 In the ma#er of Jane M Titretl vs. Ridge Court HomeoWmers on 6/082011 the cis Grand Totak $372.25 awarded as follows: position is Judgment for Plaintiff and judgment was Judgment Component JointGaveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 Filing Fees 5300.00 $0.00 $58.50 $$58.00 $58.50 Grand Totak $358.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARyA::U W( OF COURT OF COUPON PLEAS, CML DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL, HOLDER ELEM TO EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT THE COURT OF COUPON p NTE AND W?? IN THE -COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE UNLESS THE FURTHER PROCESS MAY BE ISSUED BY THE MAGiSTERW. DISTRICT JUDGE REQUEST FOR JUDGMENT IS Er 7NWD IN THE COURT OF COMM PLEAS, ANYONE INTEREMo IN THE JUDGMENT MAY FILE A ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPIJES WITH THE JUDGMENT . Date • Magisterial Desfrict Judge Mark Martin °? MDJS 315 Page 11 of 2 Printed: 06.6082011 4:41:4713M 15-JUL-2011 FRI 04:03 MDJ MARTIN 9305 COMMONWF_ALM OF PENNSYLVANIA CUUN'TY OF:' Cumberland 0905 NoJunne.Mon Mark W. MaQn mwmw 507 -N_ York S1., Mechanics", PA 17055 Tom= (717)766-4575 AMOUNT DA'L'E PAID ? i FILING COSTS i I22),S-) I l { POSTAGE , i 'Sem/i E COSTS 5 Q. ! CONSTABLE QED. S S 0 I i II TOTAL 979. ? j F-/ I I -_? P6a,RX-P,D..i•_ No_ 206 sets fath those costs recoverabi FAX No. 1111662238 P.002 CIVIL COMPLAINT' M AtNTIR- WME we MORM rlp?-r F?,n y\. 1 fro ce t+-?D --I Mme offi c , & 4 1 P,. 17,055 . VS. DEFEMAW; mokwoAOM55 '_i ?fJur - me, 19 0/0 i-ee 11 L 1)0 1 .19fe Pr rye t>o" No. Date F"d: I by The prevailing party. TQ THE DEFENDANT. The above narned plaintiff(s) asks judgment against"for SAW1 'GOO together with costs upon the foltvwing•dairn (Civil fines must include citation of tf?p ute or ordinance violated): Qre9 v ?,QI e,r R L 4reitm en-t", .*Tyl >S I I,)-\ 111 let- S?u1, verify that,, the facts act forth in this cotnpWht are true and carrect to the pest of My knowledge, information, and belief- This statemem is made subject to the penalties of Section 4904 W the Crime Code (18 PA. C.S_ 9 4944) related to unswern falsification to authotittes_ ? rliat0! d Pls Or Authonild A9Oat) pi2in a,Ns >? A ddress- ' e Or AtWnNY-' . 11o. Mae _ LLD 71;?•'7-9 J3d IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, voU S}iQutD SO NOTIFY THIS OFFICE IMMEDIATELY AT Tr ABm TELEPHONE NUMBER YOU MUST APPEAR AT lia mms AND PRESENT YOUR DEFENSE. UNLESS YOU D .IUDGNENT•MAY B.E ENTERED AGAINST YOU BY DEFAULT If YOU have a Claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend -to assert at the hearing, you must file it on a complaint 1offn at this office at least five (5) days before the date set for tl:ne hearing. If you are dispbied and require a reasonable accommodab*n to gain access to the Magifterial Destr[et Court and its services. please contact the -Magisterial District Court at the above address or telephone number- We are unable to provide tri %spoitation. MAY 1 -6 2011 TH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No I 1-Jr 09 C;yi I Tem NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. Ridge Court Homeowners Association 1101 Ridge Drive 06/08/2011 W 7HE CASE OF (PAw Jane M. Titzell CV-192-2011 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10066. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. 30whosofAn?0r pdy PA Ridge Court Homeowners Association 48 PaNATi1RE OF APPELLANT oR A77 AGENT If appellant was Clai n (see Pa. R.C.P.D.J. No. 1001(6) in 17055 before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jane M. Titzell Name of aAwfe"s) (Common Pleas No. //- 5ya? RULE: To Jane M. Trtzell , appellee(s) Name of appeAee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) -If you-do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. date pfservice of this rule if service was by mail is the date of the mailing. Date:3 /20 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Mechanicsburg appease(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. ature of appellant or attomey or agent Mark C. Duffle, Esq. Hon. Mark Martin AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-7664575 Ridge Court Homeowners 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition Summary Docket No Plaintiff Defendant MJ-09305-CV-0000130-2011 Ridge Court Homeowners Jane M Tifzell MJ-09305-CV-0000192-2011 Jane M Titzell Ridge Court Homeowners Judgment Summary Joint%Sev i Liability Individual Liability Participant Jane M Trtzell $0.00 $372.25 Ridge Court Homeowners $0.00 $358.50 Jane M Titzell V. Ridge Court Homeowners Docket No: MJ-09305-CV-0000192-2011 Case Filed: 5/16/2011 Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 06/08/2011 06/08/2011 Amount $372.25 $35850 Judgment Detail (-Post Judgment) In the matter of Ridge Court Homeowners vs. Jane M Ttzell awarded as follows: on 6/08/2011 the disposition is Judgment for Plaintiff and judgment was Judgment Component Joint/Several Liability Civil Judgment Individual Liability Deposit Applied Amount $0.00 Attorney Fees $0 00 $48.00 x•75 - Filing Fees $0.00 $218.75 $105.50 $218.75 $105.50 the matter of Jane M Ttzell vs. Ridge Court Homeowners G rand Total: on 6/08/2011 the dis osition iJ d $372.25 awarded as follows: p u gment for Plaintiff and judgment was Judgment Component Joint/Several Liability Civil Judgment Individual Liability Deposit Applied Amount $0.00 Filing Fees $0 00 $300.00 $.00 . $58.50 $58.50 Grand Totat $358.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. G lhl?a /t-.". *'/-& Date Magisterial District Judge Mario Martin ?uu MDJS 315 Page 1 of 3 Printed: 07/05/2011 1 t24:05AM TH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. (1-,54.58 .?ivil NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial Distric Judge on the date and in the case referenced below. Ridge Court Homeowners Association 1101 Ridge Drive 06/08/2011 IN THE CASE OF (Prain6rr) Ridge Court Homeowners Association CV-130-2011 I nIS block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case SON*" Offtftnofty or Do" Jane M. Titzell If appellant was PA 17051 R.C P.D.J. No. 1001(6) in action before a Magisterial Disbict Judge, A COMPLAINT MUST BE FILEL within twenty (210) days alter filing the NOTICE of APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name ofappemws) NOTICE OF APPEAL appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appe#ee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 e of Pr0MonotaryorDV* YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Hon. Mark Martin Mechanicsburg AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Rag. Dist. No: MDJ-09-3-OS MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg PA 17055 Telephone: 717-768-4575 Ridge Court Homeowners 1101 Ridge Dr Mechanicsburg, pA 17055 Disposition Summary Notice of JudgmenVTranscript Civil Case Ridge Court Homeowners V. Jane M Titzell Docket No: MJ-09305-CV-0000130 2011 Case Filed 411;12011 Docket No Plaintiff Defendant MJ-09305-CV-0000130-2011 Ridge Court HomeowraKS J Disposition Date MJ-09305-CV-0000182 2011 Jane M Titres Jane M Ttzeli Judgment for Plsin6tf 0610812011 _ . _ ?_ - - _ Ridge Court H _•_ _.._... ?....---._ Jo _i orrraowners Judgment for Plainfrfr 06/082011 -? _ ...?..._.:__ .... _ adgment Summary nt/Severai Liabi{ -Individual Liatifltji- -- - . __, Participant - ----- Airiour>f------ Jane M Titzefl Ridge Court Homeowners t QO $372.25 en m ___ __ $372.25 $358.50 In the matter of Ridge Court Homeowners vs. Jane M Titzell on 6/08/2011 the disposition is Judgment for Plaintiff and judgment was Judi;mentCompone nt Joint/Several Uabitity Individual Liability DMXN* Civil Judgment $0.00 Applied Amount Attomey Fees 348.00 Filing Fees $0.00 $218.75 $48.00 $0.00 $105.50 $218.75 $105.50 In the matter of Jane M TOW, vs. Ridge Court Homeowners on 6!082011 the dis Grand Totak $372.25 awarded as follows: Posifion is Judgment for Plaintiff and judgment was Judgment Component Joirtt/Severaf Liability Individual Liability Deposit Civil Judgment $0.00 Applied Amount Ff1&rg Fees $$00.00 $0.00 x.50 3300.00 $58.50 ANY PARTY HAS THE RIGHT TO APPEAL Grand Totak $358.50 COMMON PLF THE PROTHONOTARYA=W OF COURT OFD 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH JUDGM iWrrRAN9C1"pT FORM WITH YOUR NOTICE OF • CWIL SON. YOU MUST I EXCEPT AS APPEAL_ A COPY OF THIS NOTICE OF OTHERWISE HOLDER ELEC7S PROVIDED IN THE RULES OF CML PROCEDURE FOR ?M? DISTRICT JUDGE, IF THE JUDGMENT COURT OF ? THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE ST FOR THE PLEJ18 AND NENTERED IN O FURTHER HE PROCESS MAY CO ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS CYJUD OF SATnSF ACTION tMTH THE MAFta?STr1 OF LON PLEAS, ANYONE INTERESTED IN THE JUDGMENT OR OT R OTHERWISE COMpt,g=3 MI1TIr THE JUDGMENT. JAL DUCT JUDGE IF THE JUDGMENT DEBTOR PAYS MAY FILE A IN FULL, SETTLES, Date iii-w anal District Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 0W8201 i 4:41:47PM P Originating Start Date: 24-May-2009 End Date: 23-May-2011 Telephone Ntjmber: 7177959662 Call Type: ALL LP#: 273264 MAY-24-2009 23:59:57 7177959662 7177665130 0:00:00 MAY-26-2009 22:56:12 7177959662 7177665130 0:00:08 MAY-26-2009 22:56:43 7177959562 7177655130 0:02:18 MAY-28-2009 16:34:50 7177959662 7176490513 0:00:00 MAY-29-2009 14:44:46 7177959662 8507797471 0:00:26 JUN-01-2009 11:17:25 7177959662 7173793177 0:00:23 JUN-01-2009 15:42:36 7177959662 7178850961 0:00:05 JUN-01-2009 22:41:57 7177959662 7173023806 0:00:08 JUN-01-2009 22:44:12 7177959662 7173023906 0:01:06 JUN-02-2009 20:11:08 7177959662 7176910653 0:00:59 JUN-02-2009 22:30:34 7177959662 7179182665 0:01:31 JUN-08-2009 16:11:12 7177959662 7177666800 0:00:18 JUN4)9-2009 10:44:44 7177959662 7322718286 0:00:00 JUN-09-2009 10:45:10 7177959662 7322718286 0:21:59 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13:29:35 7177959652 8007479136 0:01:43 OCT-06-2009 13:31:58 7177959662 8007479136 0:03:30 OCT444009 23:33:24 7177959662 7177665130 0:01:48 OCT-W2009 23:35:54 7177959662 7178057178 0:00:55 OCT-07-2009 7:27:33 7177959662 7177665130 0:00:25 OCT-07-2009 8:26:11 7177959662 7176847821 0:00:16 r OCT 112009 OCT 12 2009 OCT-13-2009 OCT 13-2009 OCT 13-2009 OCT 16-2009 OCT-1 T 2009 OCT-17-2009 OCT-17-2009 OCT-20-2009 OCT-20-2009 OCT-20-2009 OCT-20-2009 OCT-20-2009 OCT-20-2009 OCT 20-2009 OCT-20-2009 OCT 20-2009 OCT 20-2009 OCT 21 2009 OCT-21-2009 OCT 21-2009 OCT-21-2009 OCT 24-2009 OCT-27-2009 OCT-28-2009 OCT-28-2009 OCT-28-2009 NOV-01-2009 NOV-01-2009 NOV-02-2009 NOV-02-2009 NOV-02-2009 NOV-02-2009 NOV-02-2009 NOV-02-2009 NOV-03-2009 NOV-03-2009 NOV-04-2009 NOV-05-2009 NOV-06-2009 NOV-W2009 NOV-07-2009 NOV-W2009 NOV-10-2009 NOVA 0-2009 NOV-10-2009 NOV-12-2009 NOV-13-2009 22:37:13 23:32:56 13:30:13 13:35:31 15:1226 13:58:03 10:21:10 19:00:26 19:27:33 13:24:56 13:30:49 13:3212 14:29:27 1429:53 15:02:46 15:16:53 15:4925 16:18:45 16:35:23 1237:59 12:52:17 13:04:04 13:04:04 16:11:04 12:42:13 15:50:02 16:00:39 16:22:48 1&47." 15:56:05 10:32:49 10:43:43 13:14:02 13:15:19 13:16:18 13:16:59 19:40:28 19:40:28 12:43:58 16:41:13 11:08:42 12:36:18 23:0205 11:21:02 0:40:20 1:10:38 1:13:59 :34:25 1 :47:20 7177959662 7177959662 7177959662 7177959662 7177959662 7177959652 7177959M 717795>1662 '7177959662 7177959651 '7177959682 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959652 7177959662 7177959651 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959651 7177959662 17177959662 7,177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177959662 7177665130 7177665130 866®874288 7179202620 7177958703 7322718286 7177665130 7177665130 7177665130 7177665130 7177665130 7177665130 9566832930 8002117252 7178850961 8002117262 7173793177 71788,50961 7173793177 7178850961 7178650961 7177959652 7178850961 8007703387 7178850961 8002762722 8008290922 8002762722 7179182665 7178850961 7177665130 7173023906 7172430085 8007721213 8007721213 8007721213 7327183860 7327183860 7177665130 7177665130 7177665130 7174481555 7177665130 7174481555 7177665130 7177665130 7177655130 7175698703 7173025000 0:02:32 0:10:50 0:04:45 0:01:44 0:02:49 0:17:34 0:00:01 0:00:05 0:00:19 0:00:22 0:00:00 0:00:07 0:00:10 0:08:56 0:00:23 0:00:27 0:00:47 0:00:24 0:00:20 0:00:09 0:00:58 0:00:08 0:00:08 0:00:37 0:00:03 0:09:44 0:21:53 0:00:00 0:01:29 0:00:04 0:00:48 0:01:05 0:00:00 0:00:32 0:00:11 0:02:32 0:23:14 0:23:14 0:01:26 0:00:53 0:00:33 0:01:04 0:02:10 0:00:43 0:30-02 0:00:14 0:13:46 0:00:00 0:00:31 NOVA 3-2009 10:48:09 7177959662 717302MW 0:02:48 NOV-13-2009 10:51:32 7177959662 7173022505 0:00:35 NOV-13-2009 10:53:00 7177959662 7177322778 0:20:34 NOV-13-2009 14:27:40 7177959662 7173023906 0:05:23 NOV-17-2009 14:24:22 7177959662 7176352016 0:03:48 NOV-17-2009 14:45:27 7177959662 8003805056 0:00:37 NOV 17-2009 15:1211 7177959662 7177965780 0:00:37 NOV-17-2009 15:13:42 7177959662 7177965780 0:05:43 NOV-18-2009 9:37:04 7177959662 8888804884 0:00:35 NOV-18-2009 9:37:58 7177959662 8888804884 0:00:05 NOV-18-2009 9:40-02 7177959662 e888804M 0:07:52 NOV-20-2009 12:22:41 7177959662 8002662278 0:04:20 NOV-20-2009 17:25:44 7177959662 7173295454 0:00:29 NOV 20-2009 1726:59 7177959662 7177289908 0:00:06 NOV-20-2009 17:28:41 7177959662 7173023906 0:00:27 NOV-24-2009 9:21:07 7177959662 7179162665 0:00:00 NOV-24-2009 9:21:51 7177959662 7179182665 0:01:32 NOV 25-2009 11:28:01 7177959662 7177665130 0:00:20 NOV 26-2009 11:48:11 7177959662 7173793177 0:00:24 NOV 30-2009 10:32:08 7177959662 7173023906 0:03:36 NOV-30-2009 10:37:17 177959662 7173024225 0:00:42 NOV-30-2009 13:44:47 1177959662 7177665130 0:04:17 DEC-02-2009 13:30:31 177959662 7177665130 0:00:07 DEC4)4-2009 11:58:02 177959562 7179182665 0:01:19 DEC-04-2009 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DEC-30-2009 16:23:34 7177959662 7179182666 0:01:48 JAN-02-2010 17:51:33 7177959562 7177665130 0:00:06 JAN-03-2010 0:36:30 7177959662 7177655130 0:00:12 JAN-04-2010 14:34:40 7177959662 7174481555 0:00:37 JAN-05-2010 8:56:55 7177959662 7173023906 0:01:31 JAN-05-2010 8:58:51 7177959662 7173023890 0:01:32 JAN-05-2010 21:52-30 7177939662 7178850961 0:00:02 JAN-05-2010 21:52:47 71 7177655130 0:00:17 JAN-06-2010 9:23:10 71? 7177665130 0:00:27 JAN-06-2010 22:52:05 7177959662 7173793177 0:00:00 JAN-W2010 9:26:46 7177959662 7178850961 0:00:32 JAN-08-2010 23:16:15 7177959662 7177665130 0:53:37 JAN-08-2010 23:16:15 7177959662 7177665130 0:53:37 JAN-09-2010 16:11:38 7177959662 7177665130 0:02:42 JAN-09-2010 16:11:38 7177959662 7177665130 0:02:42 JANA0-2010 1205:32 7177959662 7177665130 0:00:06 JAN-10-2010 12:06:32 7177959662 7177665130 0:00:06 JANA 1-2010 9:41:34 7177959862 7173793177 0:02:16 JAN-13-2010 15:12:50 7177959662 7177665130 0:00:17 JAN-13-2010 15:12:50 7177959662 7177665130 0:0017 JAN-13-2010 15:13:53 7177959662 7177665130 0:00:44 JAN-1&2010 15:13:53 7177959662 7177665130 0:00:44 JAN-14-2010 12:22:38 177959662 7177665130 0:00:24 JAN-14-2010 12:22:39 177959662 7177665130 0:00:24 JAN-17-2010 16:5628 177959662 7177665130 0:00:27 JANA 7-2010 16:56:28 177959662 7177665130 0:00:27 JANA 9-2010 13.06:34 177959662 7177665130 0:00:21 JAN-19-2010 13:08:34 177959662 7177665130 0:00:21 JAN-19-2010 13:08:34 177959662 7178850961 0:00:21 JAN-19-2010 13:09:11 177959662 7176850961 0:00:25 JAN-19-2010 13:09:12 177959662 7177665130 0:00:25 JAN-19-2010 13:09:12 177959662 7177665130 0:00:25 JAN-19-2010 13:10:27 177959652 7177665130 0:01:50 JANA9-2010 13:10:27 7 177959662 7177665130 0:01:50 ¦ t .?f fI r1 F, -? k\ 15) ? r P`'s a v .t i,v ,? ,?• ,ate; ?r r3 :y??,ri ;5 AI RULES AND REGULATIONS OF RIDGE COURT PURPOSE: The following Rules and Regulations are designed to express the values of the Homeowners. These Rules and Regulations are to supplement the Bylaws and the Declaration. ENFORCEMENT: The Board of Directors is given enforcement powers for violations of our Bylaws, Declaration, and these Rules and Regulations. The Board of Directors is also authorized to initiate lawsuits in District Courts against unit owners and tenants. In the event any Rule and Regulation is found to be void, unenforceable, or illegal, the rest of the Rules and Regulations will still be in effect and enforced. The homeowner will be assessed any costs and expenses incurred by the Ridge Court Homeowners Association, including reasonable attorney fees, to assure compliance with these Rules and Regulations. This assessment shall constitute a lien against the homeowner's property if unpaid within thirty (30) days after the demand. REPORTING OF VIOLATIONS: Any homeowner or tenant can report a violation to any member of the Board of Directors. The violation should be in writing and contain the name of the individual reporting the violation. RULES AND REGULATIONS: 1) TRASH/GARBAGE This item refers to the total property (front, back, and side). a) All trash shall be in sealed containers (sealed trash bags, aluminum or plastic trash containers with lids, closed boxes, etc.) b) Trash is to be placed on the curb no sooner than dusk the evening before scheduled pickup. c) Trash containers are to be returned to the household by dusk the day of pickup. d) All trash or rubbish other than household is to-be disposed of in the township-provided receptacles. NOTE: The association does recognize that due to travel-business and vacation-and special circumstances there may be extenuating situations. Please contact neighbors or any homeowner to notify of an extenuating circumstance or for assistance. 2) MAIL ACCESS a) It is the responsibility of each owner to maintain access to the mailbox. It is to be noted that failure to maintain access will result in mail intended for delivery being returned to the Post Office by the carrier. RCHA Rules and Regulations - Page I 3) NOISE a) Each owner or tenant is entitled to the quiet enjoyment of their property. Therefore, no other resident shall make or permit noise in their townhouse to extend beyond the walls to disturb or annoy any other owner. Owners with tenants will be equally liable for acts of their tenants which interfere with the rights, comfort, or convenience of other owners/tenants. Outside noise and loitering is also prohibited. 4) PARKING a) All Township parking regulations must be observed, i.e., parking in the correct direction, proper distance from stop signs and intersections. b) Driveways of owners/tenants will not be blocked by other vehicles. Anyone blocking will be in violation and be subject to towing at the automobile owner's expense. c) Vehicles in an abandoned condition will be reported to the Upper Allen Township Police Department and towed at the automobile owner's expense. NOTE: A vehicle that is not registered or whose inspection has expired is also a candidate for towing at the owner's expense. d) Parking of a trailer, camper, house trailer, bus, boat, or the like is prohibited over an extended period of time on lawns, driveways, and streets. 5) PETS a) Pets shall not be permitted within the area unless accompanied by the owner using a "pooper scooper." NO pet shall be unattended. b) Any owner/tenant who keeps or maintains any pet shall be deemed to have claim to or accept liability of any kind for any situation arising therein. c) The owners/tenants are responsible for complying with all existing Federal, State, County, and Township laws, statutes, and regulations regarding keeping of domestic pets. All pets shall be registered and inoculated as required by law. d) No pet shall be permanently chained or tied to an outside stake, tree, or other similar object. 6) VEHICLE MAINTENANCE a) No outside vehicle repairs or extraordinary maintenance is permitted within the area. b) The following types of maintenance are permissible but may not extend over 48 hours. The intent is to allow a homeowner/tenant to perform minor maintenance on their vehicles during the evening or on the weekend. i) Washing of the vehicle ii) Changing of flat tires iii) Changing of air filters iv) Additions of coolant fluid v) Changing of oil and oil filters 7) LAWN CARE Basic lawn care is provided by the Ridge Court Homeowners Association and is funded by the monthly dues assessed each homeowner. It is the purpose of this Rule and Regulation to maintain conformity within the community, not to restrict the homeowner from beautifying his or her property. There is specific mention of the planting of shrubs and trees in the RCHA Rules and Regulations - Page 2 Declaration in items number 5 and 7. The following is intended as an addition and in some cases a clarification of the Declaration. a) It is the responsibility of every homeowner to keep his property free from weeds. b) As stated in the Declaration, "No owner shall plant or alter the yards without the written permission of the Ridge Court Homeowners Association." Any request should be forwarded to the Architectural Committee, which committee has the charter and power to approve such changes regarding the outside property. c) The removal or replacement of dead trees and shrubbery is the responsibility of the individual homeowner. If this is not done within a reasonable time frame, the Association will arrange for it to be done at the homeowner's expense. 8) USE OF THE COMMON AREA No owner, tenant, or guest, child, or pet of owner/tenant shall damage, deface, or litter on any property known as the Common Area. 9) NON-HOMEOWNERS Each tenant is expected to abide by the Rules and Regulations of this Association. 10) OUTSIDE LAUNDRY a) No laundry or wash shall be placed upon or suspended from the outside of any owner's property building. b) The use of clothes lines is considered to be an alteration of the exterior of the home or land and is subject to the approval of the Architectural Committee. 11) EXTERIOR VENTILATION Each home was provided with a functional HVAC system; therefore no fan or portable air conditioner or any similar device is to be visible from the exterior of the household. 12) EXTERIOR MAINTENANCE The following are allowances and restrictions concerning the exterior maintenance of the townhouse and its property and the Common Area. a) No improvement or modifications to the lawn or exterior of the home may be initiated without the consent and approval of the Architectural Committee. This includes but is not limited to painting, the addition of shingles, awnings, shutters, door overhangs, fencing, and/or lawn ornaments. b) Each owner shall paint the exterior trim, doors, and any necessary area on a periodical basis. c) Each owner is responsible for a sealant being applied to the driveway every two years. d) The vinyl siding, roofs, and gutters will be repaired when needed or deemed needed by the Architectural Committee. RCHA Rules and Regulations - Page 3 BYLAWS OF RIDGE COURT HOMEOWNERS ASSOCIATION ARTICLE I NAME AND LOCATION 1.00 The name of the corporation is RIDGE COURT HOMEOWNERS ASSOCIATION, hereinafter referred to as the "ASSOCIATION." Registered office of the Association shall be located at LEXINGTON AVENUE AND RIDGE DRIVE, Mechanicsburg, Cumberland County, Pennsylvania, but meetings of members and directors may be held at such places within the Commonwealth of Pennsylvania as may be designated ..by the Board of Directors. ARTICLE H DEFINITIONS 2.01 "Association" shall mean and refer to RIDGE COURT HOMEOWNERS ASSOCIATION, its successors and assigns. 2.02 "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1 2.03 "Common Area" shall mean all real property owned by the Association for common use and enjoyment of the Owners. 2.04 "Lot" shall mean and refer to any privately owned parcel of land shown on a recorded sub-division map of the Properties with the exception of the Common Area. 2.05 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title deed to any lot, excluding those having such interest merely as security for the performance of an obligation. 2.06 "Declaration" shall mean and refer to the Declaration of Covenants, conditions and Restrictions applicable to the Properties recorded in the Office of the Recorder of Deeds for the County of Cumberland, State of Pennsylvania on or about November 20, 1984, in Plan Book 300, Page 812. 2.07 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. ARTICLE III MEETING OF MEMBERS 3.01 Regular Meetings -- Meetings of the Homeowners Association shall be held semi-annually on a date to be determined by the Officers currently presiding. The Officers must confirm a date at least thirty (30) days prior to 2 the meeting. The fall meeting shall be considered the Annual Meeting. 3.02 Special Meetings - Special Meetings of the members may be called at any time by the president or by the Board of Directors, or on written request of the members who are entitled to vote one-fourth (1/4) of all the votes. 3.03 Notice of Meeri?ings_ - The Homeowners and Residents shall be notified of the date of any meeting thirty (30) days prior to the meeting. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by distributing a copy of such notice to each member and resident. Such notice shall specify the place, day, and hour of the meeting, and an outline of the agenda. 3.04 Quorum - The presence at the meeting of members entitled to cast, or of proxies entitled to cast, twenty-five (25) percent of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members present have the authority to move ahead with the meeting. 3.05 Proxies - At all meetings of members, each member may vote in person or by proxy. All proxies shall 3 be in writing and filed with the secretary at least by the time of the meeting. Every proxy shall automatically cease on sale by the member of his lot. ARTICLE IN &IRECTORS 4.01 N tuber - The affairs of the Association shall be managed by a board of three (3) directors and the president. 4.02 Term of Office At the Annual Meeting, the members shall elect one director for a term of three (3) years, one director for a term of two (2) years and one director for a term of one (1) year. At each annual Meeting thereafter, the members shall elect one director for the term that has expired. 4.03 Removal - Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his/her predecessor. 4.04 Compensation - No director shall receive compensation for any service he/she may render to the Association. However any director may be reimbursed for actual expenses incurred in the performance of his/her duties. 4 ARTICLE V NOMINATION AND ELECTION OF DIRECTORS 5.01 Nomination - Nomination for election to the Board of Directors shall be made from the floor at the Annual Meeting. 5.02 Election - Election to the Board of Directors shall be by majority vote. At such election, the members or their proxies may cast as many votes as they are entitled to exercise under the provisions of the Declaration. Cumulative voting is not permitted. ARTICLE VI POWERS AND DUTIES OF THE DIRECTORS 6.01 Powers - The Directors shall have power to: 1) Adopt and publish rules and regulations governing the use of the Common Area and facilities and the personal conduct of the members and their guests thereon and to establish penalties for the infraction thereof; 2) Suspend the voting rights and right to use the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days, for infraction of published rules and regulations; 5 3) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration; 4) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive meetings of the Board of Directors; and 5) Employ a manager, an independent contractor or other such employees as they deem necessary and to prescribe their duties. 6.02 It shall be the duty of the Board of Directors to: 1) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the Annual Meeting of the members or at a special meeting when such a statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote; 2) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same; 3) Procure and maintain adequate liability and hazard insurance on property owned by the Association; 6 4) Cause the Common Area to be maintained. 5) Conduct or cause to be conducted an annual or biennial compilation of the Treasurer's records put into a financial statement. ARTICLE VII OFFICERS AND THEIR DUTIES 7.01 Enumeration of Officers - The Officers of this Association shall be a president and a vice president who shall, at all times, be members, the Board of Directors, a secretary and a treasurer. 7.02 Election of Officers - The election of officers shall take place at each Annual Meeting. 7.03 Term - The Officers of this Association shall be elected annually by the members and each shall hold office for one (1) year unless he/she shall sooner resign or shall be removed or otherwise disqualified to serve. The term of office shall begin immediately after the election. 7.04 Special Appointments - The Board may appoint such other Officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as the Directors may, from time to time, determine. 7.05 Resignation and Removal - Any Officer may be removed from office with or without cause by the majority 7 of the members. Any Officer may resign at any time by giving written notice to the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 7.06 Mmes - A vacancy in any office may be filled by appointment by the president. The Officer appointed to such a vacancy shall serve for the remainder of the term. 7.07 Multiple Officers - No person shall simultaneously hold more than one of any of the offices specified by these Bylaws. 7.08 Duties - The duties of the Officers are as follows: 1) PRESIDENT - The president shall be the chief executive officer of the Association. He/she shall preside at all meetings of the members and of the Officers and Directors. He/she shall have all of the general powers and duties which are usually vested in the office of president of a corporation, including, but not limited to, the power to appoint committees, with the concurrence of the Board, from among the membership from time to time as he/she may, in his/her discretion decide is appropriate to assist in the conduct of the affairs of the Association. 2) VICE PRESIDENT - The vice president shall take the place of the president and perform his/her 8 duties whenever the president shall be absent or unable to act. If neither the president nor the vice president is able to act, the Board shall appoint some other member of the board to do so on an interim basis. The vice president shall also perform such duties as shall from time to time be imposed upon him/her by the Board of Directors. 3) SECRETARY - The secretary shall keep the minutes of all meetings of the Officers and Directors and the minutes of all meetings of the members of the Association; he/she shall have charge of the membership transfer books and of such other books and papers as the Officers and Directors may direct; he/she shall keep and have charge over current records showing the members of the Association together with their address and perform all duties incident to the office of secretary. 4) TREASURER - The treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The treasurer shall further be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors. The treasurer shall be bonded under a fidelity bond in such amount as may be determined by the 9 Officers and Directors, and must be one of the two (2) individuals authorized to sign and execute checks of the Association. ARTICLE VIII MEETINGS OF DIRECTORS AND OFFICERS 8.01 Quarterly Meetings - Meetings of the Officers and Board of Directors shall be held quarterly, at such place and hour as may be determined by them. 8.02 Special Meetings - Special meetings of the Officers and Directors shall be held when called by the president of the Association or by any two (2) directors, after not less than three (3) days notice to each person. 8.03 Quorum - Apart from extenuating circumstances, all the Officers and Directors shall be present at the quarterly meetings. Every act or decision done or made by a majority of the Officers and Directors present at a duly held meeting shall be regarded as the act of the whole. ARTICLE IX COMMITTEES 9.00 The Association shall appoint an Architectural Control Committee, a majority of whom shall at all times be members of the Association, who shall be responsible for carrying out the requirements of the Declaration. 10 9.01 The Association may also appoint additional committees; i.e., Recreational, Publicity, Budget and Contracts, etc. as they deem necessary. ARTICLE X BOOKS AND RECORDS 10.00 The books, records and papers of the Association shall at all times be subject to inspection by any member of the Association during reasonable business hours. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any members at the principle office of the Association, where copies may be purchased at a reasonable cost. ARTICLE XI ASSESSMENTS 11.00 As more fully provided in the Declaration, each member is obligated to the Association annual and special assessments which are secured by a continuing lien on the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the current rate of six (6) month certificates of deposit from that bank which is the 11 depository for the Association's funds and the Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and responsible attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her lot. ARTICLE XII AMENDMENTS 12.01 Meetings - These Bylaws may be amended at a regular or special meeting of the members of the Association by a vote of a majority of a quorum of members present, either in person or by proxy. 12.02 Conflicts - In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XIII MISCELLANEOUS 13.00 The fiscal year of the Association shall begin on the first (1) day of January and end on the thirty-first (31) day of December every year. 12 I DECLARATION H KNOW ALL MEN BY THESE PRESENTS, that MELVIN R. ISAACMAN, HAROLD G. LEIBENSON, THOMAS R. ROLLASON, II, and JAMES E. THAWLEY .,.--~•_ t/a RIDGE COURT ASSOCIATES, a Pennsylvania Partnership, being the owners of a certain tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, which has been plotted and laid out into building lots by a Plan known as RIDGE COURT TOWNHOUSES which Plan was approved by the Township Supervisors and recorded in '-? the Cumberland County Recorder's Office in Plan Book 44, Page 89, does declare that the tract so plotted and laid out into building lots by the aforesaid Plan shall from this day be and remain sub- ject to the following restrictions, covenants and conditions, that is-to say, all of the lots as shown on said Plan shall be subject to said conditions, covenants and restrictions. 14 No structure other than a single family dwelling K: solely for residential use., and its auxiliary garage as provided R herein shall be erected or maintained upon any of the lots. No building blocks shall be used in the exterior walls of any building L44 above the finished grade of the ground unless faced or covered with brick, natural stone,. wood, or aluminum or vinyl siding. wift . T. , W FACE 812 `•' _, ?, ' __ i 2. No trailer, tent, shack, shed or other outbuilding,' except as hereinafter provided, shall be erected or maintained on any of the said lots, either temporarily or permanently, and no residence of a temporary character shall be.erected or permitted on any of said lots. 3. No part of the premises herein described shall be used for' any illegal, offensive: or obnoxious purpose, and any structure erected upon any of said lots of any part of said land shall be built as near as possible to harmonize with the type of construction throughout the development. No grocery store or meat dispensing store, no barber shop, beauty parlor, confectionery or drug store, nor any other type of business or commerce of any kind or nature shall at any time in the future be carried on upon any r lot or 'lots included within said development. Nor shall any, dwell- ing house or other building erected upon said land or any part thereof be later converted for any of the uses hereinbefore prohib- ited, 'nor shall any such business or uses be carried. on in any fashion upon said property at any time, nor shall any part of the same be used for warehousing or storage of ar-ticles of commerce, business or industry. 4. No billboards, signs, or other objectionable struc- tures shall be erected or maintained on any of the said lots, ex- cepting that "For Rent" or "For Sale" signs and professional signs of occupants of any of the said lots shall be permitted, such signs not to exceed two (2) square feet in size. BOOK 300 PAGE 13 5. No fence shall be erected in the areas in front of any residential structure, maintained on the front of any of the said lots, nor may any trees, hedges or shrubs be planted or main- tained on the front yard of said lots, without the written permis- sion of the Ridge Court Home Owners Association. 6. No building, extension of building, porch, or other structure of any kind or character shall be erected or maintained, temporarily or permanently, other than shown on the Plan of Ridge Court Townhouses recorded as aforesaid, or with the written permis- sion of the Ridge Court Home Owners Association. 7. Each owner or group of owners of each lot in the Plan of Ridge Court Townhouses shall, by virtue of such ownership, be- come a member of the Ridge Court Home Owners Association. The association shall be responsible to maintain all open spaces shown on the said plan and may also cut the lawns of all lots, or all developed lots, on the said plan. No owners shall plant or alter the yards without the written permission of Ridge Court Home Owners Association. Further, the association shall have the authority to assess each lot, on a pro-rata basis reasonable assessment for such services, which amount will become a lien on the lot so assessed. 8. If any of the purchasers of lots or their successors in title shall violate or attempt to violate any of the restric- tions or conditions hereinbefore set forth, it shall be lawful for VIOX 300 ?A,E 814 I the ownez or any other person or persons owning any lot or lots of the aforesaid Plan, including Ridge Court Home Owners Association, to prosecute any proceeding at law or in equity against the person or persons violating, or attempting to violate, any such restric- tions or conditions either to prevent him or them from so doing, or to recover damages-for such violation. f' 9. No animals, birds or reptiles shall be maintained by any owner except household pets which shall be limited to a total of two (2) in number of any combination of animals, birds or rep- tiles in any one household; no farm animals of any kind, whether pets or not, shall be maintained or harbored-by any owner. 10. Electric service will be supplied only from the un- derground distribution system. 11. The invalidation of any one of the foregoing restric- tions or conditions by a court shall in no way affect any of the other provisions herein which shall be and remain in full force and effect. 12. The foregoing restrictions and conditions shall run ,.with the tract of land plotted and laid out into building lots by the Plan known as Ridge Court, for a period of twenty (20) years ,N-- - f 1 6??w 30t) PACE 815 ?.. x 6V . 1V?.? from date hereof, but to no other land of the hereafter expressl?y+ so declared by it. 7 C70 IN WITNESS WHEREOF, the undersigned seals this /-*'I- day 'of /2UQ/,rI-&U , 1984. 1 party hereto unless' set their hands and l? r' / r elv n R. Isaacman Harold G. Lei son Thomas R. Rollason, II s E. /? 70 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) On this the ?day of 19,L/ before me, the undersigned officer, personally appeare Harold G. Leibenson, known tome (or satisfactorily proven) to be the person whose name is subscribed to•the:within Agreement and acknowledged that he executed the same for the purposes therein contained. My Co+nnusslon EMpirts July 6. 1988 ' . . Harrisburg. PA Dauphin caun:y ..?i •......... ' COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF DAUPHIN ) f On this the l S day of ?•r '-j , 191,1., before me, the undersigned officer, personally appeared Janes E. Thawley, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. i tar6 Pub c !BODY / FECEQI, r;OtAA Mp Commisst?w ?, e?p88tIC + ?x PA VAQW; Ear m eom,c 30 0 PACE M 1 RIDGE COURT HOMEOWNERS AS ?OCIATION ii MM t ii LAWN CARE RELEASE FORM 1. I intend to personally care for-or arralge the care for-the landscaping requirements of my property. 2. I wish to waive my right to have the se ce contracted by the Ridge Court Homeowners Association (RCHA) to provide lawn c e for my property for the year 2010. 3. I understand that this waiver can be mowing season. 4. I understand by waiving RCHA lawn accept the responsibility to pay asses: currently $87.00 per quarter. in writing at any time during the year's -s I am still a member of the RCHA and approved by the Association. Dues are 5. This form must be completed and re so the RCHA lawn service is aware which properties do not want this service. The lawn service will be instructed to mow all units unless this written release is received. Homeowner's Signature: Print Name: Property Address: Date: * * * Kindly return this form to- Peggy K isling (1103 Ridge Drive, Mechanicsburg, PA 17055) by June 18, 2010 4.3.26.11U6 ?y \ 0 Ile 1 Filed in the.Do;artment of ?.?.e on' the'• day of N VEM6Et19 Z SdCr*1AZV of IN* comma" 6611h ARTICLES OF INCORPORATION, OF RIDGE COURT HOME' OWNERS - ASSOCIATION 8 T1 -Ei9 In compliance with the requirement's.df -tlTe Pennsylvania Nonprofit Corporation --Law of 1972 ,[15 Pa. 5..973011, the under- signed, of full age, representing the owner Qf the.4,0ve1opment known as RIDGE COURT TOWNHOUSES, for the purpose of•'orming_ a ;non- profit corporation, does hereby certify: ARTICLE I Name:- The name of the-corporation, hereinafter called the "Association," is RIDGE COURT HOME OWNERS ASSOCIATION. ARTICLE II Registered Office. The registered office of the Associa- tion is located at 1055 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 1705. ARTICLE III Organization. This Association is organized pursuant to the Nonprofit Corporation Law of 1972 on a non-stock basis. ARTICLE IV Purposes and Powers of the Association. The purposes for which the Association is formed are: (1) To provide for maintenance, preservation, and archi- tectural control of the residence lots'and common area within that certain tract of property described as that tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, which has ,been plotted and laid out into building lots by a Plan known as RIDGE COURT TOWNHOUSES, which Plan was approved by the Townshi Supervisors and recorded in the Cumberland County Recorder's Office .in Plan Book 44, Page 89. (2) The general purposes are: (a) To promote the health, safety, and welfare of the residents within the above-described property and any additions therero as may hereafter bo brought within'..the jurisdiction of this Assoc-1.ation for this purpose; 84 71 69-- (b) To perform all of the duties and obligations' of the Association as set forth in that certain Declaration of Cove- nants, Conditions and Restrictions, hereinafter called the "Decla- ration,' applicable to the property and racorded or to be recorded in the Office of the Recorder of Deeds for Cumberland County, Penn- sylvania. (c) To Fix, levy, collect, and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the busi- ness of the Association, including all licenses, taxes, or govern- mental charges levied or imposed against the property of the Association; (d) To acquire (,by gift, purchase, or otherwise), own, hold, improve, build on,'dp*rate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of - real or personal property in connection with the affairs of the Association; (e) To dedicate, sell, or transfer all of or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effec- tive unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale, or trans- fer (f) To have and to exercise any and all powers, rights, and privileges which a corporation organized under the Nonprofit Corporation Law of 1972 by law may now or hereafter have or exercise. ARTICLE V Membership. Every person or entity who is a record owner of a fee or- undivided. fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The fore- going is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be ippurtenant to and may not'be separated from ownership of any Lot which is subject to assessment by the Associa- tion. ARTICLE VI Voting Rights. The Association shall have two classes of voting membership: ?--` - 2 - • J. - V. l b V V 4,1 r, Class A. Class A members shall be all Owners with the' exception of the Declarant and shall be entitled to-one vote for each Lot owned. When more than one person holds-an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Declarant, a partnership trading as RIDGE COURT ASSOCIATES, which partner the owner of the development known as RIDGE COURT TOWNHOUSES ship is said member shall be entitled to three (3) votes for each Lot and owned. When there are twelve (12) Class A members, the Class 8 member shall-be entitled to two (2) votes for each Lot owned. When there are twenty-four (24) Class A members, the Class B membership shall cease and be converted to Class A membership. ARTICLE VII Board of Directors. The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be members of the Association. The number of directors may be changed by amendment of the Bylaws of the Association. The names and ad- dresses of the persons who are to act in the capacity of directors until the selection of their successors are: James E. Thawley Milton Bernstein, Esquire Melvin Isaacman ARTICLE VIII Limitation on Cor orate Activities. ties of this Association shall consisFIFE the ca°re of the activi-1Z n ganda, or otherwise attempting to influence legislation, nor shall this Association participate in, or intervene in (including Propa- publishing or distributing of statements) a the on behalf of any candidate for public office?y political campaign ARTICLE IX Distribution of Income and Prohibited Activities. Not- withstanding any other provision n these Articles of Incorporati- on, the Association shall be subject to the following limitations and restrictions: each taxable (a) The Association-shall distribute its income for year at such time and in such mahner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1954 as amended. --3 - 84 7? F9? s ? ._..............._..` b j --• The Association! shat nc ? .. -- elf dealing as defined in Section 4941(d) t engage in any act Code of 1954 as amended. of the Internal Revenue ue (c) The Association shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1954 as amended. (d) The Association shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1954 as amended. (e) The Association shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1954 amended. ARTICLE X Dissolution. The Association may be dissolved with the assent given n wr ting and Signed by not less than two-thirds (2/3) of the membership. On dissolution of the Association, other than incident to a merger or consolidation, the assets of the Asso- ciation shall be dedicated to an appropriate used for purposes similar to those for which thisi Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any non- profit corporation, association, trust, or other organization to be devoted to such similar purposes. ARTICLE XI Amendments. Amendment of these Articles shall require the assent by vote or written consent of members. representin sev- enty-five (75) percent or more of the voting power. 9 IN WITNESS WHEREOF, for the purpose tion under the laws of the Commonwealth of Pennsylvania, theounder- signed, the incorporator of this association, has executed these Articles of Incorporation this 6th day of November, 19184 Mil ton Ber. wL:..?? • nste n, squire For Ridge Cosrt R;.ssociates Partnership Inca.tporator 3207 North 'Front Street p• 0. Box 902 Harrisburg, pA 17108 - 4 - A.. /.LU.-LU4d. DECLARATION KNOW ALL MEN BY THESE PRESENTS, that MELVIN K: ISAACMAN, HAROLD G. LEIBENSON,-THOMAS R. ROLLASON, II, and JAMES E.- THAWLEY --Y? t/a RIDGE COURT ASSOCIATES, a Pennsylvania Partnership, being the owners of a certain tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, which has been plotted and laid out into building_lots by a Plan known as RIDGE COURT TOWNHOUSES , which Plan was approved by the Township supervisors and recorded in- the Cumberland County Recorder's Office in Plan Book 44, Page 89, does declare that the tract so plotted and laid out into building lots by the aforesaid Plan shall from this day be and remain sub- ject to the following restrictions, covenants and conditions, that is-to say, all of the lots as shown on said Plan shall be subject to said conditions, covenants and restrictions. ' .1. No structure other than a single family dwelling solely for residential use, and its auxiliary garage as provided herein shall be erected or maintained upon any of the lots. No building blocks shall-be used in the exterior walls of any building above the finished grade of the ground unless faced or covered with brick, natural stone,, wood, or aluminum or vinyl siding: . y'. 4 yr PITIK A00 PAGE M ter' _v a r• -•7 J..9. Ln.lU11 2. No trailer, tent, shack, shed or other outbuilding,' except as hereinafter provided, shall be erected or maintained on any of the said lots, either temporarily or permanently, and no residence of a temporary character shall be erected or permitted on any of said lots. 3. No part of the premises herein described shall be used for' any illegal, offensive or obnoxious, purpose, and any structure erected upon any of said lots of any part of said land shall be built as near as possible to harmonize with the type of construction throughout the development. No grocery store or meat dispensing store, no barber shop, beauty parlor, confectionery or drug store, nor any other type of business or commerce of any kind or nature shall at any time in the future be carried on upon any r lot or'lots included within said development. Nor shall any dwell- ing house or other building erected upon said land or any part thereof be later converted for any of the uses hereinbefore prohib- ited, nor shall any such business or uses be carried on in any fashion, upon said property at any time, nor shall any part of the same be used for warehousing or storage of articles of commerce, business or industry. 4. No billboards, signs, or other objectionable struc- tures shall be erected or maintained on any of the said lots, ex- cepting that "For Rent" or "For Sale" signs and professional signs of occupants of any of the said lots shall be permitted, such signs not to exceed two (2) square feet in size. Qnnx `znf ) )Arc Sz i 1.4.4u.IULL 5. No fence shall be erected in the areas in front of any residential structure, maintained on the front of any of the said lots, nor may any trees, hedges or shrubs be planted or main- tained on the front yard of said lots, without the written permis- sion of the Ridge Court Home Owners Association. 6. No building, extension of building, porch, or other structure of any kind or character shall be erected or maintained, temporarily or permanently, other than shown on the Plan of Ridge Court Townhouses recorded as aforesaid, or with the written permis- sion of the Ridge Court Home Owners Association. 7. Each owner or group of owners of each lot in the Plan of Ridge Court Townhouses shall, by virtue of.such ownership, be- come a member of the Ridge Court Home Owners Association. The association shall be responsible to maintain all open spaces shown on the said plan and may also cut the lawns of all lots, or all developed lots, on the said plan. No owners shall plant or.alter the yards without the written permission of Ridge Court Home Owners Association. Further, the association shall have the authority to assess each lot, on a pro-rata basis reasonable assessment for such services, which amount will become a lien on the lot so assessed. 8. If any of the purchasers of lots or their successors in title shall violate or attempt to violate any of the restric- tions or conditions hereinbefore set forth, it shall be lawful for 1.4.6b.1ULL the owner or any other person or persons owning any lot or lots of the aforesaid Plan, including Ridge Court Home Owners Association, to prosecute any proceeding at law or in equity against the person or persons violating, or attempting to violate, any such restric- tions or conditions either to prevent him or them from so doing, or to recover damages for such violation. 9. No animals, birds or reptiles shall be maintained by any owner except household pets which shall be limited to a total of two (2) in number of any combination of animals, birds or rep- tiles in any one household; no farm animals of any kind, whether pets or not, shall be maintained or harbored -by any owner. 10. Electric service will be supplied only from the un- derground distribution system. 11. The invalidation of any one of the foregoing restric- tions or conditions by a court shall in no way affect any of the other provisions herein which shall be and remain in full force and effect. 12. The foregoing restrictions and conditions shall run 'with the tract of land plotted and laid out into building lots by the Plan known as Ridge Court, for a period of twenty (20) years t nfl 5irc 91..i a. ,.?.u. LUat. r from date hereof, but to no other land of the party hereto unless hereafter expressly so declared by it. _ 00 e IN WITNESS WHEREOF, the undersigned set their hands and seals this day of j?GL?Cir1?Cv , 1984. Melvin R. Isaacman Harold G. Le benson Thomas R. Rollason, II S a. I goo ey ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss, I •/ On this the day of .ll::_, e! ..t , 19 T/ before me, the undersigned officer, personally L app'eaar-ems` Harold G. Leibenson, known tome (or satisfactorily proven) to be the person whose name --is_subscribed to.the,within Agreement and acknowledged that he executed the same for the purposes therein contained i? JODY _Rub Od be •. ., My Comnusston Expires M/ 6. 1938 % M %• ' Htrnsturi. PA Dauphin Caunly '• ' .?i•j = ?' .•' COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. rf On this the Pday of -?• ?•. , 19? before me, the undersigned officer, personally appears James E. Thawley, known to me (or satisfactorily proven) to be the person whose name , is subscribed to the within Agreemeht and acknowledged that he executed the same for the purposes therein contained. otarr Publi a = : ; - - UODY - - Ljh can+n:uoa ExOi1R1' PNBIIC • .: ,,• • . - puree lid?r e: ?§R8 - -• vWsbufl. PA rl A., ..J A I ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) On this the day of C .? /. -1 , 19 1 before me, the undersigned officer, personally appeared Melvin K. Issacman, known to me (or satisfactorily proven) to be. the person whose name As subscribed to ?thi 'within Agreement and acknowledged that he executed the same for the purposes therein contained. ota Public My Comm Own expires July 6. 19988 Harrisburg. PA Dauphin County a, •?' COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) .571 On this the day of 19l/before me.,r . the undersigned officer, personally appeared Thomas R. Rollason, II, known to me (or satisfactorily proven) to be the person whose name is.subscribed to the within Agreement and acknowledged that he' executed the same for the purposes therein contained. State of Ptnnsylvenis. • County o*Curi s. "and '- inq of Deg & Recorded in the office for tNe:?aord etev in aR¢.for Cumberland Co?raty. pa. QOQ ty Vol. ` -1= page ? ?? in . „y;tnes's•{n sndandseal of office. a< ? Pa. this a? s: - _ day, ti Carlisle. -T. ` -? , '? `•.? •.?,- t,i Recorder ry/Puniic J00Y f1OILLGI. HMA Y PUA.i4, My Commission Expires July 5. 19811 Harrisburg. PA Dauphin County r? r FIRST AMENDMENT TO DECLARATION FOR RIDGE COURT TOWNHOUSES, A PLANNED COMMUNITY THIS FIRST AMENDMENT TO DECLARATION ("First Amendment'), made this 1- day of 0&1 1- , 2011, by MEMBERS OF THE RIDGE COURT HOME OWNERS ASSOCIATION, a Pennsylvania Non-Profit Corporation, hereinafter called "Owners", pursuant to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. §§5101, etseq. (the "Act'). BACKGROUND A. Melvin K. Isaacman, Harold G. Leibenson, Thomas R. Rollason, II and James E. Thawley t/a Ridge Court Associates, a Pennsylvania Partnership ("Declarant") previously recorded the Declaration, dated November 9, 1984 ("Declaration"), recorded November 20, 1984, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 300, Page 812, submitting the real estate therein described, situate in Upper Allen Township, Cumberland County, Pennsylvania, including all easements, rights and appurtenances thereto and the buildings and improvements erected or to be erected thereon, to the provisions of the Act and thereby creating with respect to the real estate as described in the Declaration a planned community known as "Ridge Court Townhouses". B. Declarant has conveyed all of theBuilding Lots on The Final Subdivision Plan "Ridge Court Townhouses" prepared by Whitlock & Hartman dated October 25, 1983 and recorded on November 1, 1983 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 44, Page 89. C. Declarant, by virtue of The Articles of Incorporation dated November 1, 1983, the Declarant created the Ridge Court Home Owners Association, a Pennsylvania Non-Profit Corporation. Each owner is, pursuant to the Declaration, a member of the Ridge Court Home Owners Association. ("Member") D. The Members of the Ridge Court Home Owners Association, pursuant to the Act and by this First Amendment, are hereby amending the Declaration to reinstate the same. NOW, THEREFORE, Declarant, pursuant to the Act, as amended, provides as follows: 1. Background. The background set forth above is incorporated herein. 2. First Amendment to Declaration. Paragraph 12 of the Declaration, dated November 9, 1984, recorded November 20, 1984, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 300, Page 812 shall be amended and superceded in it's entirety as follows: The foregoing conditions and restrictions shall run with the tract of land plotted and laid out into building lots by the Final Subdivision Plan "Ridge Court Townhouses" prepared by Whitlock & Hartman dated October 25, 1983 and recorded on November 1, 1983 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 44, Page 89 in perpetuity from the date hereof, but no other land of the party hereto unless hereinafter expressly so declared by it. 3. Effective Date. The effective date of this Third Amendment shall be the date of recording. 4. Approval. The Declaration provides no provision for amendment. Section 5219 of the Act provides that 67% of all votes in the Association is required to approve amendments to the Declaration. There are thirty-six (36) lot owners or votes in the Association. Twenty-five (25) lot owners or 69.44% have approved this First Amendment by signature which is and shall remain in the records of the Association. 2 IN WITNESS WHEREOF, the undersigned President and Secretary of the Ridge Court Home Owners Association, intending to be legally bound hereby, have executed this First Amendment as of the day and year first above written. (ATTEST) 4205780 THE RIDGE COURT HOME OWNERS ASSOCIATION By: Marilyn B , President 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No. MUJ-ua-s-uo MDJ Name: Honorable Mark Martin ?Jd'u ? oticr Rg Commonwealth of Pennsylvania V. Frank Carmelo Petroccitto Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Frank Carmelo Petroccitto 1102 Ridge Dr Mechanicsburg, PA 17055 Docket No: M,-09305-NT_0000571-2010 Case Filed: 1222010 Comp/Cit #: P 8488432-1 18 5503 A3 L Disorder Conduct Obscene case. It has been rescheduled to be A Summary Trial was previously scheduled on April 5, 2011 / 10.45 in the above-captioned held onlat: Date: Wednesday, July 6, 2011 Place: Magisterial District Court 09-3405 507 North York Street Mechanicsburg, PA 17055 Time: 1 t45 AM 717-766.4575 ontinuance requested by Frank Carmelo Petroccitto eason: Other )mments: Defendant and victim, Marilyn Breen must attend hearing per Judge Martin. This court has received your plea of NOT GUILTY to the above collateral for your appearance at trial. You have the right to be represented by an attorney. You have It notify your attorney andlor witnesses of this trial daRPhime- Failure to appear for your trial constitute consent to trial in shall be forfeited and applied toward the fines if you have any questions, please call the above office immediately- Should you fail to appear for your summary trial, a warrant may be i Dispute Session. Both partiies must be present for this violation(s). The sum of $0.00 has been accepted as right to have any witnesses present. It is your responsibility to absence and if you are found guilty, the collateral deposited the right to appeal within 30 days for a trial de novo. for your arrest. April 05, 2011 Date it you are disabled and require a reasonable accommodation ti tt s Macriistarial District Court at the above address MDJS 308 District Judge Mark Martin gain access to the Magisterial District Court and Its services, r voephone number. we are unable to Provw i nsPortation. printed: 041052011 t02:24PM USPS - Certified Mail r- , 111.1 . -& Home All Products & Services I Insurance & Extra Services I Domestic Extra Services I Certified Mail Certified Mail Get a mailing receipt and online access to the delivery status With Certified Malm you can be sure your article arrived at its destination i Track & Confirm with access to online delivery information. When you use Certified Mad, you i receive a receipt stamped with the date of mailing. A unique article number Get the date, time, and ZIP Codem of allows you to verify delivery online. As an additional security feature, the your delivery online. recipient's signature is obtained at the time of delivery and a record is 6e> l maintained by the Post OFficem. For an additional fee, request a copy of the signature record before or after delivery with Return Receipt. -- - Learn about detailed Features and Prices for Certified Mail k You can use Certified Mail with: New Option Send Certified Mail through Click2Mad. Return Receipt and Restricted Delivery also available._ First-Class Mail® - Letters, envelopes, and small packages weighing 13 ounces or less. Priority Mail® - Cost effective expedited delivery in an average of 2-3 days. You can use Certified Moil with the fogowing Extra Services: Restricted Delivery - Confirms that only a specified person (or authorized agent) wiN receive a piece of mail. Only available with Certified Mail, Insured Mad over $200, or Registered Maim. Return Receipt - Provides a green postcard with the recipient's actual signature by mad or a proof of delivery letter arriving as a POF attachment that includes an image of the recipient's signature by e-mail. Certified Mail does not include insurance, and is not available for intemational mail. For valuables and irreplaceable items, it's betterto use services such as Express MaInsured Mail, or Realstered Mail Related Services & Links Send Certified Mad from your desktop throuah Click2Mail Certified Mail. Domestic Mail Manual A Customers Guide to Mailina Read our Customer's Guide to Mailing within the U.S CopyrightC 2011 LISPS. All Rights Reserved. http://www.usps.comlsend/waystosendmail/extraserviceslcertifiedmailservice.htm Page 1 of 1 7/16/2011 LAGUNA REYES 1 MALONEY, LLP I&W TREET I ?SURG. 1 7 1 02-331 5 STREET. 1 1 1 $ NORTM FRONT TEL.: (717) 233-5292 / FAX. (7 1 7) 233-5394 WWW. NARRISSU?oDEFENSE. CON LRMeQ STANF RDALUMNt.ORG ROGER R. LAGUNA. JR LAURA C. REYES MALONEY NANSt A. ARMSTRONG, PARALEGAL Octo 3, 2008 The Ridge Court Homeowners aberration % Mr. Jack Shelton 512 Lexington Ave. Mechanicsburg, PA 17055 RE: Frank Petroccitto, 1102 Dr., Mechanicsburg, PA Mr. Shelton: Please be advised that this office has I received the letter dated September 8, 20 in an obvious effort to defame and harass tr it came from "The Ridge Court Homeowl "should you have additional questions, plc 697-9797." Therefore, I am contactinglyol yen retained to represent Mr. Frank Petroccitto. from the "Association" which was published client. While the letter was drafted to look like rs Association", you conclude it by indicating ;e feel welcome to contact me, Jack directly at Obviously, if your letter was truly 81 should distribute my letter accordingly, representing the Association in this matte: some members of the Association who sta received a copy. All things considered, I created by a select few individuals, inch determination as a matter of fact. If you are represented individually to him/her and kindly ask him/her to con contact my client, you should do so only person, by mail or by telephone for any According to my client, you and of the legal protocols and standards set f By Laws, etc_, in order to use the "Ass( pattern of mean-spirited and senseless t on behalf of the Homeowner's Association you d provide a copy to the attorney who will be Quite frankly, I have discussed this matter with d that they had no knowledge about it and never ;lieve that the letter was probably an aberration ing yourself, however, I have yet to make that by an attorney, please provide a copy of this letter act me directly. Likewise, if you have any need to hrough this office. Do not contact him directly in >ason whatsoever. in individuals have completely abandoned all in the Association's Articles of Incorporation, on" as a personal tool, of sorts, to carry out a ssment against Mr. Pmoccitto. Some of the events that my client has had to endure are a assured that Mr. Petroccitto intends to pursue E at law. At this early stage, I am in the proces is responsible for what, so to speak. Certain to me that this was nea majority of Assoc ati an Association or cor, explained that the gr very kind to him. I am told that many circumstances. As such, the individuals res shield themselves with the "Association" en' actions. The Association's By Laws, at Arttc of the Association shall at all times be Association during reasonable business h( counsel, at your earliest convenience so that Mr. Petroccitto and I to conduct such an something next week some rime. wn-right criminal and shamefu be Please va'lable ery appropriate remedy that may of gathering facts in order to determine c ear ?ssociation memberAhave rapetroccitt° has mun ity effort at all. n members are great neighbors who have been l ,tel fed-up and angry with these re Caimp y onsible for this harassment will not be able to tv since they are each responsible for their own X states that "the books, records, and papers bject to inspection by any member of the rs." Please contact me directly, or through e may schedule a mutually convenient time for -tion. I am hoping that we can schedule Sincerely, /s/RoAer R Lama EEsgu_1Le RRL/naa Copy to: Mr. Frank Petroccitto File LL ? a CT' ' V ju A^ - r_,omux • z LmM 5 C:) ¢ur-- ?Cf a ... s W C) cc S Z S LL = LL K: E Lr) lf) e r• .ter N ? ?+ o" -I r-I -- kn N W -- 0 OQ ?- O n /? 0 w y U ?---- Cr" •? CC) ni ---- . r• U ryGj N U ti _. ---- CC) C3 iC Ism lam W u 6?`r " a?9 r a j bb ` ?_- d? E-4 N O O 02 n N m 3 E-+ ?p O a co O O' ru ?J 0" L-+ L-i rLJ ..0 0 cNn 3 r.0 N I { L R7k oAe& aY' S r ti FILED-OFFICE OF THE PROTHONOTAR 2011 JUL 22 AM 10: 25 Frank Petroccitto 1102 Ridge Drive Mechanicsburg, Pa. 17055 (717) 766-5130 TRAVE LORP(a-)AOL.COM FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association.... Defendant. : CUMBERLAND COUNTY PENNSYLVANIA et al pro se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5436 (Civil Term) Motion to Dismiss or in it's absence, Summary Judgement for the Plaintiff I respectfully request a dismissal, without prejudice, on the appeal filed for the Defense for the following reasons: • Under the following Pa. Rule/Law 1023.1 C; the following is applicable: • Due process was not exercised and surely due diligence did not exist for service of the appeal and the dignity of its' service compromises this entire procedure and reflects on this honorable court to be unbiased. • this appeal has no merit on its' face and foundation to be filed. The Appellant has won their case before Judge Martin in full and clearly seeking another way to harass me, • the appeal is reckless, economically irrational. Neither party can have a positive net more than what has been decided already making the matter financial suicide for all parties, Page 12 of 13 s • the two days it will take to mitigate this case for no transparent positive result is a waste of both time and resources by all parties, • I have attached all Exhibits for your consideration and good judgment. This type of litigation is frivolous. It is a resounding belief that this case was brought out of personal pride and therefore not the jurisdiction of your Honorable Court. • I have exercised good judgment in that I have paid my dues effective July by the order of Judge Martin of whom I agree with 100%. They have remedied the situation since then and are now fulfilling PART of their responsibility. • Since the law that prohibits a member to with-hold dues or fees from the Defendant only applies to an Association that is valid and not expired for seven years, I believe under the law dues paid to the Defendant would have been unlawful and there the responsibility of the actual owner of said property. In addition, since the common area is not maintained correctly, it is my contention that we are not only paying for something we do not own but paying for a job poorly done. It would be no different as a matter of law if I were made to pay for Your Honors personal property insurance and insurance. My failing health will leave me physically helpless to continue their debacle of the legal system. Our founding Fathers did not intend the Courts to be a stomping grounding for personal arguments. This Association, if you excuse the metaphor, is like a Carousel that goes around at very high speeds, everyone is always suing everyone, no one ever wins anything, and no one ever gets off ar gets anywhere. They say that Justice delayed is Justice denied. Your Honor, you have the means the stop the Carousel and make us all get off it for the last time. It is for the reasons both in the complaint attached, and these notations, I humble and respectfully request that you sustain my motion to Dismiss without prejudice or find in a Summary Judgment in my favor. Thank you for your anticipated cooperation, time, and energies thus far. Frank Petroccitto, et al pro se Page 13 of 13 FILED-OFFICE OF THE PROTHONOTARY 201 I JUL 22 AM !0: 25 Frank Petroccitto 1102 Ridge Drive Mechanicsburg, Pa. 17055 (717) 766-5130 T RAVPLORP(d?AOL,COM FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association..... Defendant. CUMBERLAND COUNTY PENNSYLVANIA et al pro se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5436 (Civil Term) Motion to Consolidate I would plead at this time, since you have before you, case #11-5436 and case #11-5439, that you consolidate these cases as they are identical in nature and pleadings are exact. The plaintiff in the latter of the two, Jane Titzell, case # 11-5439, is my partner. We both have a financial and physical interest in both properties. To that end, Ms. Titzell is a 68-year-old senior citizen who has absolutely no knowledge as to how to defend herself nor does she have the resources to do so. Therefore, in the interest of time and justice, I assert this motion to combine the aforementioned cases and ask that you honor my motion. Thank you for your consideration. Respectfully submitted, -7 Frank Petroccitto Page 11 of 12 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FRANK PETROCCITTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-5436 V. CIVIL ACTION RIDGE COURT HOMEOWNERS ASSOCIATION, w Defendant +- co NOTICE TO PLEAD r-e •. -1sue. TO: Frank Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 AND NOW, this IZ day of August, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By ark C. Duffs Attorneys for De endant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FRANK PETROCCITTO, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant NO. 11-5436 CIVIL ACTION PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and files these Preliminary Objections to Plaintiffs Complaint: DEMURRER TO COUNT 11 HARASSMENT 1. The body of Plaintiff's Complaint under Count II for Harassment sets forth no cause of action under the statutory or common law of the Commonwealth of Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania. DEMURRER TO COUNT III MALICE 2. The body of Plaintiffs Complaint under Count III for Malice sets forth no cause of action under the statutory or common law of the Commonwealth of Pennsylvania. WHEREFORE, Defendant, Ridge Court Homeowners Association, requests that this Honorable Court dismiss Counts II and III of Plaintiff's Compliant in this matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie ? 301 Market Stree P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant :454672 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the Objections to Plaintiff's Complaint by depositing a copy of same i the Lemoyne, Pennsylvania, with first-class postage prepaid on the addressed to the following: Frank C. Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DU foregoing Preliminary United States Mail at day of August, 2011, & WEIDNER By: Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FRANK C. PETROCCITTO, Plaintiff Attorneys for Defen t1 2,111 ft 6 Pfd 3: 2' i,,Y HRL L" 1, E- AND -61j'"Y PE SYLVANIP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5436 V. RIDGE COURT HOMEOWNERS ASSOCIATION, : Defendant CIVIL ACTION ANSWER TO PLAINTIFF'S MOTION TO DISMISS OR IN THE ALTERNATIVE SUMMARY JUDGMENT AND NOW, this 4-day of August, 2011, comes the Defendant, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Answer to the Plaintiff's Motion to Dismiss or in the Alternative Summary Judgment: 1. Denied. The averment set forth in Paragraph 1 are legal conclusions to which no response and pleading is required. To the extent a response is required the same is denied. By way of further response, the Notice of Appeal was served properly upon the Plaintiff. 2. through 8. Denied. The averments in Plaintiff's Motion to Dismiss or Alternatively for Summary Judgment have no merit or foundation in law or fact. None of the averments set forth therein provided any basis for grounds for dismissal or summary judgment. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Motion to Dismiss or Alternatively Summary Judgment. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: p_4 Mark C. Duffie Richard W. Stewart 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant 454653 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer to Plaintiff's Motion to Dismiss or in the Alternative Summary Judgment by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the `day of August, 2011, addressed to the following: Frank C. Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055, JOHNSON, DUFFIE, STEWART & WEIDNER By: -? /o!a?- Mark C. Duffie Richard W. Stewart c? rT,? ?? t! =M €. r Frank Petroccitto 1102 Ridge Drive Mechanicsburg Pa. 17055 -?"r ='- , (717) 766-5130 TRAVELORP?AOLCOM et al pro se FRANK PETROCCITTO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 11-5436 (Civil Term) Ridge Court Homeowners Association..... Defendant. ANSWER TO PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1: Denied: No response required for legal Conclusion 2: Denied: No response required for legal Conclusion Frank Petroccitto, et al pro se Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FRANK C. PETROCCITTO, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant NO. 11-5436 CIVIL ACTION ORDER A 6W AND NOW, this ? day of August, 2011, upon consideration of the Plaintiff's Motion to Dismiss or in the Alternative for Summary Judgment is hereby Ordered that the Motion is denied. By the Court: Frank C. Petroccitto 8 f Attorneys for Defend a. Distribution: Mark C. Duffie e0o C= rn- cnr- DC, " XQ Ir? : ? c: 5 IN THE COURT OF COMMON PLEASCOF CUMBERLAND COUNTY, PENN SYLVANIA FRANK C. PETROCCITTO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT 11-5436 CIVIL TERM JANE TITZELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA NIA V. c C c m XM RIDGE COURT HOMEOWNERS Z;v cn r r=- roan ASSOCIATION, p' DEFENDANT 11-5439 CIVIL TERM r - ° a ? ' C:)-n E5n ORDER OF COURT- ` w AND NOW, this day of August, 2011, upon consideffation of Re motions filed by the above-captioned Plaintiffs, the court directs that these matters be consolidated. By the Court, Frank Petroccitto 1102 Ridge Drive Mechanicsburg, PA 17055 Albert H. Masland, J. Jane Titzell 1104 Ridge Drive Mechanicsburg, PA 17055 Mark C. Duffle, Esquire For Defendant :saa ORI A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in tripli'p$t.0)' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 04st the within matter or the next Argument Court.) , I IGN 3 1 ABM i' CAPTION OF CASE (entire caption must be stated in full) Frank. Petroccitto vs. Ridge Court Homeowners Association _Fj '. IDERLAND COUNTY PENNSYLVANIA No. 11-5436 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Obiections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: pro bono (Name and Address) (b) for defendants: Mark C. Duffle, Esq. (Name and Address) 301 Market Street, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 7, 2011 Signature Mark C. Duffle Date: August 30, 2011 Print your name Defendant Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Listing Case for Argument by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 30th day of August, 2011, addressed to the following: Frank C. Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie Richard W. Stewaft, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffle I.D. No. 75906 mcd@jdsw.com 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 T, s t E. . i ! f 0170 19 PH 3: 4 PDAISYLVANIA Attorneys for Defendant: FRANK C. PETROCCITTO, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 11-5436 CIVIL TERM JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : RIDGE COURT HOMEOWNERS ASSOCIATION, 11-5439 CIVIL TERM Defendant DEFENDANT'S MOTION FOR EXTENSION OF TIME TO PLEAD AND NOW, comes the Defendant, Ridge Court Homeowners Association, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C. and files this Extension of Time to Plead to Plaintiffs Complaint and in support it avers as follows: 1. In the aforementioned dockets, the Plaintiff's filed Complaints on July 21, 2011. 2. The Defendant filed Preliminary Objections to Plaintiff's Complaints on August 12, 2011. The Defendant's Preliminary Objections were answered by Plaintiffs on August 17, 2011. 3. Oral Argument was held in the Preliminary Objections on October 7, 2011. 4. By Order of Court dated November 29, 2011, the Defendant's Preliminary Objections were sustained with respect to the second and third counts of Plaintiff's Complaints and said Counts were dismissed. 5. By Order of Court dated November 29, 2011, the Defendant was afforded a period of twenty (20) days from the date of the Order to file Answers to the balance of the Complaints. 6. Counsel for the Defendant has prepared Answers to the balance of the Complaints and the Defendant, Ridge Court Homeowners Association, is in the process of reviewing these Answers. 7. Due to the fact that there are a number of current and former officers and directors reviewing the factual averments set forth in Plaintiffs Complaint and the appropriate responses in Defendant's Answers, it has taken more time that anticipated to get verification to the facts set forth in the Answers. 8. The Board of Ridge Court Homeowners Association would like to all have an opportunity to review the averments set forth in the proposed Answers that have been drafted and therefore Defendant, Ridge Court Homeowners Association, requests more time in which to file Answers in the aforesaid matter. 2 WHEREFORE, the Defendant, Ridge Court Homeowners Association, respectfully requests that this Honorable Court grant an addition ten (10) days to file Answers to the balance of the Complaints. Respectfully submitted, JOHNSON, DUFFIE, ST?WAFg 4 WEIDNER By: Mark-C. Duffie, Esqu Attorney I.D. No. 75966 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Ridge Court Homeowners Association Date: December 19, 2011 :473534 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Extension of Time to Plead has been duly served upon the following parties of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 19, 2011 : Jane Titzell 1104 Ridge Road Mechanicsburg, PA 17055 Frank Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: ark C. Duffie 4 FRANK PETROCCITTO, Plaintiff, V. Ridge Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No.: 1 Association..... Defendant. Jane Titzell. IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA : c . NO. 11-5439 (Civil Ter V. Z= - n ` r`-- -c Wr x N ©° Ridge Court Homeowner ? Association..... ? 20 Defendant ?M PLEAD AND NOW, comes Plaii to Defendants Motion for 1. The Plaintiffs 1 2. The defendant 2011. 3. Oral Argument for Defendants 4. The Defendant based on new 5. Plaintiffs aver members and case. 6. Plaintiffs also answering as r 7. Defendants al and Plaintiffs November 14, , Frank Petroccitto and Jane Titzell, and files and objection ?nsion to Plead. d complaints on July 21, 2011 then filed objections to Plaintiffs Complaints on August 12, were heard on November 29,2011 and an order was issued o respond to Plaintiffs Compliant within 20 days. failed to do so and as a result is pleading for an extension facers and board members. at the entire complaint is based on the previous board fcers and aver that the new committees are irrelevant to this rer that the Defendants continue these stall tactics to avoid auired by law. o failed to answer Plaintiffs first set of Interrogatories rst set of demand for documents which was filed on 011. Therefore; the Plaintiff's respectfully request that this Honorable court deny the Defendants Motion for an extension as there has been plenty of time since the original filing on July 21, 2011 is more than sufficient and new officers are not the subject of the complaint as dues have been faithfully paid since the magisterial court's decision. The plaintiff's also requ awarded in the amount Face value. WHEREFORE, the P this Honorable Court that the appeal be dismissed and Plaintiff's complaint be $2,00.00 plus costs and fees which the court deems just. 's, Frank Petroccitto and Jane Titzell, respectfully request the additional 10 days to answer the Plaintiffs Complaint. Re ectfull ubm' d FRANK PETROCCITTO 1102 Ridge Drive Mechanicsburg, Pa. 17055 J "N TITZELL 1104 Ridge Drive Mechanicsburg, Pa. 17055 Dated: December, 21,20, FcP/ JmT CERTIFICATE OF SERVICE 1, Frank Petroccitto and Jane Titzell, do hereby certify that on this P -/"' day of December, 2011, 1 sewed a true and correct copy of Plaintiff's First Set of Interrogatories Directed I to RCHA Corporation via regular U.S. First Class mail addressed as follows: Johnson, Duffy, and Weiner C/O Mark Duffy 301 Market Street Lemoyne, Pa. 17 3-0 9 B : Frank Petroccitto d J Titzell 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff FILED-OFFICE CF THE PROTHONOTARY 2911 DEC 30 PAM t: 42 JOHNSON, DUFFIE, $TEWART WEIDNi MSERLAND COUNTY By: Mark C. Duffie PENh1SYLVAPJIA I.D. No. 75906 mcd@jdsw.com 301 Market Street - P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant: FRANK C. PETROCCITTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, : 11-5436 CIVIL TERM Defendant NOTICE TO PLEAD AND NOW, this 30th day of December, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: C? Mark C. Duffie Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffle I.D. No. 75906 mcd@jdsw.com 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 FRANK C. PETROCCITTO, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant Attorneys for Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-5436 CIVIL TERM ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, comes the Defendant, Ridge Court Homeowners Association, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C. who files the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. It is admitted that the Defendant is a non-profit corporation that does business in Pennsylvania. The address of the Defendant is 1100 Ridge Drive, Mechanicsburg, Pennsylvania 17055. 3. Denied. The current registered office address for the Defendant is 1055 Nanroc Drive, Mechanicsburg, Pennsylvania 17055. 4. Admitted. 5. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 5 and therefore the same is denied. By way of further response, on July 9, 2009, the Plaintiff was not a homeowner or a member of the Association but a tenant at 1102 Ridge Drive, Mechanicsburg. 6. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 6 and therefore the same is denied. By way of further response, the Plaintiff was not a homeowner or a member of the Association at the time but a tenant at 1102 Ridge Drive, Mechanicsburg. 7. Denied. The Defendant has no record of a written request forwarded to Secretary, Carol Bibighaus. When the Secretary was informed verbally of the situation, she immediately went to view the lawn and contacted the lawn service. 8. Admitted in part and denied in part. It is admitted that Association Dues are to be spent on lawn maintenance of homeowners in common areas. It is also admitted that it affords for insurance to the common areas. It is denied that the Association does not own the common area as it is not deeded to the Defendant. The Association does own the common area but the Deed simply has not been turned over from the Declarant and the Association is in the process of locating any surviving Declarants and initiating a Quiet Title Action. The balance of the averments set forth in Paragraph 8 are a legal conclusion to which no response to pleading is required and therefore the same is denied. 9. Admitted in part and denied in part. It is admitted that over the next year the Defendant began caring for his property and other properties on his side of the street. It is denied in that the Defendant elected to do this voluntarily. Plaintiff informed the Defendant and the lawn care service he would take care of his own lawn. The lawn care was available for the Plaintiff's rented unit and the owner of 1102 Ridge Drive, Mechanicsburg, the landlord, had paid his dues in a timely fashion. 10. Admitted in part and denied in part. It is admitted that the Defendant took it upon himself to maintain his lawn and that of neighboring properties. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 10 and therefore the same is denied. 11. Admitted in part and denied in part. It is admitted that the Plaintiff made requests to review and audit the books of the Association. It is denied in that the majority of the requests were made at a time when the Defendant was not a member of the Association but only a tenant at 1102 Ridge Drive. It is denied that the Defendant was entitled to review the books of the Association at the time when he was a tenant. The manner and frequency of said requests are unknown and the same is denied. 12. Admitted in part and denied in part. It is admitted that Plaintiff was told he would get copies. It is denied in that Plaintiff was provided copies of the books by certified mail in 2011 and the return receipt was signed. 13. Denied. The averments set forth in Paragraph 13 are conclusions of law to which no responsive or pleading is required and therefore the same is denied. By way of further response, the amended Declaration was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and therefore the averments with respect to recording are specifically denied. 14. Admitted. 15. Admitted. By way of further response, the Defendant is the process of addressing the issue with this particular homeowner. By way of further response, the Plaintiff, in violation of the Rules and Regulations attached as Plaintiff's Exhibit "C", violated 7B in removing his lawn and installing asphalt, flower bed and a water fountain without the written permission of the Defendant. 16. Denied. The averments set forth in Paragraph 16 are conclusions of law to which no responsive or pleading is required. To an extent a response is required, the President does not operate a business from her residence although a home-based business is permissible in the Municipality. 17. Admitted. By way of further response, the Defendant is in the process of addressing any and all actions in violation of the Rules and Regulations. 18. Denied. The Defendant is in the process of addressing any actions that will violate the Rules and Regulations of the Association. 19. Admitted in part and denied in part. It is admitted that in April 2009, the Plaintiff put out a mattress on the weekend before trash day and it was clearly on a neighbor's property. It is denied in that the Defendant did not call the police. 20. Admitted in part and denied in part. It is admitted that the Plaintiff has had authorities called on him numerous times. It is denied in that the Defendant did not call the authorities and the Defendant is not specifically aware of the purposes of these calls and therefore the same is denied. 21. Admitted in part and denied in part. It is admitted that complaints were made about the installation of a pool and that the pool was not on the Plaintiff's property. The pool was on the neighbor's, Jane Titzell, who is a co-Plaintiff, property. The balance of the averments set forth in Paragraph 21, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 21 and therefore the same is denied. By way of further response, neighbors were concerned about the pool with respect to the safety of a toddler that lived in the neighboring property. 22. Admitted. There was a concrete slab and a gazebo built on a property without a permit or permission but this matter has been resolved with the Township. 23. Admitted. The Plaintiff was arrested and charges filed by Marilyn Breen, President, which were later dismissed. The nature of the charges were derived from the shouting of obscenities. By way of further response, the Plaintiff had to attend mediation with the Neighborhood Dispute Settlement and the charges were dropped after completion and ninety (90) days without further incident. COUNT 1 - BREACH OF CONTRACT 24. The averments set forth in Paragraph 24 is a paragraph of incorporation to which the Defendant will incorporate with responses to Paragraph 1 through 23 as if the same were set forth fully herein. 25. The averments set forth in Paragraph 25 are legal conclusions to which no response or pleading is required and therefore the same is denied. 26. The averments set forth in Paragraph 26 are legal conclusions to which no response or pleading is required and therefore the same is denied. 27. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 27 and therefore the same is denied. 28. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 28 and therefore the same is denied. 29. The averments set forth in Paragraph 29 are legal conclusions to which no responsive pleading is required and therefore the same is denied. 30. Denied. It is denied that despite repeated demands to have the Defendant's lawn mowed, the Defendant continues to refuse and fails to fulfill the Plaintiffs request. The Plaintiff's lawn is being mowed. The books have been turned over to the Plaintiff. 31. The averments set forth in Paragraph 31 are legal conclusions to which no responsive pleading is required and therefore the same is denied. 32. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 32 and therefore the same is denied. 33. (a) The averments set forth in Paragraph 33(a) are legal conclusions to which no responsive pleading is required and therefore the same is denied. 33. (b) After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 33(b) and therefore the same is denied. 33. (c) The averments set forth in Paragraph 33(c) are legal conclusions to which no responsive pleading is required and therefore the same is denied. WHEREFORE, the Defendant, Ridge Court Homeowners Association, by and through their undersigned counsel, respectfully requests this Honorable Court dismiss Plaintiff's Complaint and enter a judgment in favor of the Defendant. NEW MATTER 34. Plaintiff claims that the Declaration has expired and the Association is invalid. 35. The Ridge Court Homeowners Association was created by Articles of Incorporation dated November 1, 1984 and recorded at the Department of State on November 9, 1984. 36. The Declaration for the Ridge Court Community was dated November 1, 1984 and recorded in Miscellaneous Book 300, Page 812 in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania on November 28, 1984. The Declaration created the Association and the Associations authority to maintain the common areas and collect assessments. 37. The Declaration was affective for twenty (20) years from the date of execution and lapsed on November 1, 2004. The Declaration was subsequently amended and reinstated by a Third Amendment thereto dated April 11, 2011 and recorded September 2, 2011 in the Cumberland County Recorder of Deeds to Instrument Number 201124483. 38. The Uniform Planned Communities Act was enacted in Pennsylvania in 1996. The retroactive provisions provide in Section 5102 of the Uniform Planned Communities Act that existing Associations have the power and authority to maintain common elements and levy assessments which the Defendant, Association, has always done. 39. The Association, pursuant to Uniform Planned Communities Act Section 5102 has always been valid and empowered to act as they have done in the past. 40. The Plaintiff's request that the Defendant discontinue lawn service to Plaintiffs property bars Plaintiff's claims for recovery on the basis on breach of contract. 41. Plaintiff is estopped from bringing an action in breach of contract relating to a contract which Plaintiff alleges is expired or invalid. 42. Plaintiff is estopped from asserting the non-existence or invalidity of the Association in that the Plaintiff was a member and beneficial user of the common area in the Community and has in fact served as an Association Board member in the past. 43. The Defendant has not in any way engaged in selective enforcement of the Rules and Regulations or the Declaration. 44. Prior to March 1, 2010, Plaintiff was a tenant and not a member of the Association and therefore has no standing to recover for any claims arising prior thereto. WHEREFORE, the Defendant, Ridge Court Homeowners Association, by and through their undersigned counsel, respectfully requests this Honorable Court dismiss Plaintiff's Complaint and enter a judgment in favor of the Defendant. r r Mark C. Duffie, Esqui ;473499 VERIFICATION I, Mark C. Duffie, attorney for Defendant, Ridge Court Homeowners Association, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mark C. Duffie Date: ' 0 - CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer to Plaintiff's Complaint and New Matter has been duly served upon the following parties of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 30, 2011 : Frank Petroccitto 1102 Ridge Drive Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER Mark C. Duffie FRANK PETROCCITTO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA No.: 11-5436 V (Civil Term) V. Ridge Court Homeowners Association..... Defendant. Jane Titzell, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA NO. 11-5439 V. Ridge Court Homeowners Association..... Defendant PLAINTIFF'S ANSWERS TO NEW MATTER 34. Agreed 35. Agreed 36. Agreed 37. Agreed (Civil Term) N ? ?'*? S r rT? -? ' ? t 0:) 70 'P C- =C) N ° 38. The averments set forth in Paragraph 38 are legal conclusions to which no response or pleading is required and therefore the same is denied. 39. Denied: The defendants stipulated in paragraphs 34 through and including Paragraph 37 that the Association had expired and the plaintiffs concur and therefore not valid and therefore denied. 40. Denied: A signed agreement to discontinue service was issued to all Homeowners and never signed by the Plaintiff's and therefore denied. 41. . The averments set forth in Paragraph 38 are legal conclusions to which no response or pleading is required and therefore the same is denied. 42. . The averments set forth in Paragraph 38 are legal conclusions to which no response or pleading is required and therefore the same is denied. 43. Denied: As stipulated and shown in the Plaintiffs original complaint, the Defendants repeatedly harassed the Plaintiffs by a means of "power' 44. Agreed in part, Denied in part: Tenants are NOT responsible to pay dues and that is of the responsibility of the owner of the property. The Defendant's claim that the Plaintiff was a Tenant prior to March 1, 2010, and if the original suit brought by the Defendant's in Magisterial Court was for the period from February-2009 to March 2010; then the Plaintiffs deny any responsibility for dues during that period. Wherefore, the Plaintiffs, Frank Petroccitto and Jane Titzell respectfully request that this Honorable court grant a Summary Judgment for the Plaintiffs in the amount of $2,000.00 plus costs and fees which the Court deems fair and justified. Frank Petroccitto ?lr'2 Jane Titzell 67 CERTIFICATE OF SERVICE I, Frank Petroccitto and Jane Titzell do hereby certify that on this 6th. day of January, 2012, 1 served a true and correct copy of the foregoing Plaintiff's answers to Defendants New Business Directed to Ridge Court Homeowners Association via regular U.S. First Class mail addressed as follows: Johnson, Duffie, and Weiner C/O Mark Duffie 301 Market Street Lemoyne, Pa. 17043-0109 By: 4( A /-\N 4/+? Frank Petroccitto / Jane ell 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiffs FRANK PETROCCITTO, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 11-5436 (Civil Term) Ridge Court Homeowners Association..... Defendant. Jane Titzell, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5439 (Civil Term) V. : ?-Ridge Court Homeowners Association..... u r;°J Defendant PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO RIDGE COURT HOMEOWNERS ASSOCIATION Plaintiff requests that RCHA Corporation and their attorneys produce for inspection and copying the documents, records, photographs and other tangible items requested below within the time prescribed by the State Rules of Civil Procedure. These Requests shall be deemed continuing in nature and supplemental responses shall be required if you directly or indirectly obtain further information or documents after serving your Responses. REQUEST NO. 1 All correspondences between Ridge Court Homeowners Association and all officers regarding the Plaintiff. REQUEST NO.2 All correspondences between Ridge Court Homeowners Association and all Landscapers since the inception of the incident regarding the Plaintiff. REQUEST NO. 3 All statements, signed statements, transcripts of recorded statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. REQUEST NO.4 The curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. REQUEST NO.5 A copy of the expert report for each expert identified in response to Request for Production No. 4. REQUEST NO.6 All documents prepared by you or any insurer(s), representative(s), agent(s) or anyone acting on your behalf, except your attorney(s), during an investigation of any aspect of the complaint in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit or defense or respecting strategy or tactics. (NOTE: as referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Defendant, former or present counsel, agents, employees, officers, insurers or any other person acting on their behalf.) REQUEST NO. 7 If not otherwise covered by the above Requests, any and all documents regarding your investigation of the subject matter of the Complaint. REQUEST NO.8 All documents relating in any way to all damages and losses sustained by the Plaintiff. This should include, but not be limited to insurance claim forms, appraisals, repair invoices, receipts, and all other documents in any way relating to Plaintiffs alleged damages and losses. REQUEST NO.9 All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. REQUEST NO. 10 All documents which would contradict the claims for damages averred in Plaintiffs Complaint. REQUEST NO. II Any documents referenced in your Answers to the Plaintiffs Interrogatories. REQUEST NO. 12 Any documents referenced or relied upon by you in formulating your Answers to the Plaintiff's Interrogatories. If any document sought by this Request is withheld from production based upon a claim of privilege, work product, or any other reason, the party shall identify each such document in response to this Request by stating the nature of the document, the date of its preparation and shall indicate the reason why its production is being withheld. This request shall be deemed continuing and any response shall be supplemented upon receipt of additional information. REQUEST NO. 13 Please produce all correspondence between Ridge Court Homeowners Association and the Plaintiff. REQUEST NO. 14 Please produce all correspondence between the Defendants officers and Board members since the complaint filed in April of 2011. REQUEST NO. 15 Please produce all correspondence between Ridge Court Homeowners Association and current, previous, or prospective lawn care professionals. . REQUEST NO. 16 Please produce all financial records as previously requested from the time period between 1/08 through and including the current date for the purpose of auditing and should but not limited to: a.) The purpose for the withdrawal, b.) To whom the withdrawals were made, c.) Reasons for the withdrawals. REQUEST N0.17 Please produce home phone records for the liaison and treasurer at the time original complaint was filed by RCHA, Peggy Keisling, for the period of which she was treasurer through and including her last day in office. REQUEST N0.18 All minutes sent to every other homeowner either hand delivered or by USPS including but not limited to the fall meeting, 2011, the dues invoice, and any other notices that may have been sent to all homeowners, that the Plaintiff's still have not received. REQUEST N0.19 Please produce copy of lien that was attached to plaintiffs properties as indicated by Ms. Breen in the fall minutes and published by the treasurer, Carol Bibighaus. REQUEST N0.20 Please produce a true copy of the deed transfer that was done in 2011 as reported by Marylin Breen, President, and Published by Carol Bibighaus, Secretary in the fall minutes. REQUEST N0.21 Copy of the Registered Court document of the re-established RCHA which was reported by Marylin Breen, President, and Published by Carol Bibighaus, Secretary in the fall minutes. REQUEST N0.22 Please produce email addresses of all officers and board members affiliated with RCHA since April, 2010. REQUEST N0.23 Please produce the minutes for all Spring General meetings and notices sent by the secretary, Carol Bibighaus and treasurer as indicated in a recent correspondence. Also, please provide a copy of said correspondence to both Plaintiffs forthwith. REQUEST N0.24 Please produce all actions brought by RCHA and its Officers against the plaintiffs jointly or severally since the action brought forth by the Defendants in April, 2010. FRANK PETROCCITTO & Jane Titzell Plaintiffs Frank Petroccitto Jan itzell Date: April 2, 2012 CERTIFICATE OF SERVICE I, Frank Petroccitto and Jane Titzell do hereby certify that on this 2nd. day of April, 2012, 1 served a true and correct copy of the foregoing Plaintiff's First Set of Request for Production of Documents Directed to Ridge Court Homeowners Association via regular U.S. First Class mail addressed as follows: Johnson, Duffie, and Weiner C/O Mark Duffie 301 Market Street Lemoyne, Pa. 179j3-0109 f By: Frank Petroccitto / J ne Ti I 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiffs FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association..... Defendant. Jane Titzell, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 11-5436 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5439 V. Ridge Court Homeowners Association..... Defendant f° (Civil Terre js .C' Cj > C-.. _." PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT c-? ti N C) - Plaintiff submits the following Interrogatories to RCHA to be answered under oath within the time prescribed by the State Rules of Civil Procedure. The Interrogatories shall be deemed continuing in nature and supplemental answers shall be deemed required if you obtain further information after your response. DEFINITIONS AND INSTRUCTIONS As used in these Interrogatories, the terms listed below should be understood to have the meanings described below: A. "DOCUMENT" - writing or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTITY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employees titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identity" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum",- include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last know location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication, of which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU"9 "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such supplemental Answer on the undersigned. NTERROGATOREIS Interrogatory No. 1 Identify all documents, including but not limited to diagrams, permits or plans, which describe, concern, pertain to, or relate to, in any way, the area which allegedly caused the subject complaint. Interrogatory No. 2 Please state whether the condition of the area which caused the subject complaint has been changed in any way or remodeled since the date of Plaintiff's complaint? Interrogatory No. 3 Please state whether RCHA intends to continue to ignore the Articles of the Incorporation and By-Laws as set forth in the same. Interrogatory No. 4 Please state if RCHA intends to disregard all of their own rules and regulation in accordance with the Articles of Incorporation and By-Laws. Interrogatory No. 5 Please state the nature of all complaints files against the plaintiffs and that of those members not listed in the complaint. Interrogatory No. 6 Please state the name of the individual who wrote the original complaint on the district level dated April, 2010, regarding the subject complaint and whether this individual is still an officer of RCHA. If not, please provide the name of the new person responsible for HER actions.. Interrogatory No. 7 Please provide names of all witnesses to subject complaint, specifically noting witnesses who were officers from the time of alleged incident to current day. Interrogatory No. 8 Please state with particularity RCHA's version of the subject complaint. Interrogatory No. 9 Please state with particularity the condition of RCHA common area, and Plaintiff's property at the time of the Plaintiffs Complaint? Interrogatory No. 10 Please indicate the status of the registered Articles of Incorporation and By-Laws. of the Defendants Corporation at the time of Plaintiffs complaint. Interrogatory No. 11 Please state whether RCHA has ever received any complaints or taken any incident reports regarding similar actions prior to Plaintiff's complaint. Interrogatory No. 12 Please state whether RCHA has ever been involved in a similar incidents before or after the subject incident, both civilly and legally. If so, state the nature of the incident, the place and date on which each accident occurred, the names and addresses of all persons involved and the injuries sustained by them. Also state the court, term and number of any suit commenced as a result thereof. Please also state whether an incident report was also written regarding said incident. Interrogatory No. 13 If anyone has in the eight years preceding this suit ever filed suit against RCHA Corporation for negligence including, without limitation, a claim for injury, damage, or disability, failure to comply with their rules, workmen's compensation or occupational compensation to obtain benefits, identify the claim or suit, the nature of the injuries alleged in each such suit, and the outcome of said suit. linterrogatory No. 14 Identify all documents, including but not limited to diagrams, permits or plans, which describe, concern, pertain to, or relate to, in any way, to any aspect of the incident in question. Interrogatory No. 15 If you have obtained from any person any oral or written statements or documents concerning the incident upon which this action is based or if you have given any such statements or documents to anyone, specify the identify of each such person, when, where and by whom each such statement or document was obtained or made, whether each such statement or document was oral or written and the identity of the person who has custody or possession of each such statement or document. Interrogatory No. 16 To the extent that you have not already done so, identify and describe in detail, every fact, document, item or evidence or piece of information that is in your possession or under you control that in any manner, directly or indirectly, relates to this case. Interrogatory No. 17 Identify all persons who you know or believe have knowledge of any part of the subject matter upon which this action is based or have any knowledge of the damages claimed as a result of the said incident. Interrogatory No. 18 Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. Interrogatory No. 19 Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (Note: You may file as your answer to this Interrogatory the report of the expert or have the Interrogatory answered by your expert.) Interrogatory No. 20 If you intend to use any admission(s) of a party at trial, identify such admission(s). Interrogatory No. 21 Identify all individuals, insurance adjusters, parties or others who have conducted any investigation with respect to the issues involved in this case and whether you will produce the results of such an investigation. Interrogatory No. 22 Please provide names of all individuals associated with RCHA who have communicated with Plaintiffs regarding the Plaintiff. Interrogatory No. 23 Please identify each document which you intend to introduce at the time of the trial of this matter, and give a brief description of the contents of the document(s). Respectfull Submitt f J Frank Petroccitto/ Jane Titzell. Date: April 2, 2012 CERTIFICATE OF SERVICE I, Frank Petroccitto and Jane Titzell, do hereby certify that on this 2nd day of April, 2012, 1 served a true and correct copy of Plaintiff's First Set of Interrogatories Directed to RCHA Corporation via regular U.S. First Class mail addressed as follows: Johnson, Duffy, and Weiner C/O Mark Duffy 301 Market Street Lemoyne, .17 3-01 By: /?Pq^A- rrank Petroccitto/Titzell 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff DATE: April 2, 2012 FRANK PETROCCITTO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, No.: 11-5436 V. Ridge Court Homeowners Association..... Defendant. Jane Titzell, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA NO. 11-5439 (Civil Te. - V. rn a - =M --0 Ridge Court Homeowners Association..... Defendant - , , NOTICE OF INTENT TO W ITHHOLD HOA DUES IN ESCROW!' There has been no response to Plaintiffs request for documentation of RCHA status. Defendants, to date, has made no effort to resolve the captioned matter. Therefore, be notified that the Plaintiff's in the captioned matter intend to withhold HOA dues and hold them in an Escrow account held at Metro Bank in Mechanicsburg until such time that this matter is resolved and proof of re-establishment of the Association is documented and the common area in question noted in the above complaint has been deeded to the homeowners. Respectfully Submitted FRANK PETROC ITTO J "E TIT EL Date: April 2,2012 ?? `? c CERTIFICATE OF SERVICE I, Frank Petroccitto and Jane Titzell do hereby certify that on this 2"d. day of April, 2012, 1 served a true and correct copy of the foregoing Plaintiff's First Set of Request for Production of Documents Directed to Ridge Court Homeowners Association via regular U.S. First Class mail addressed as follows: Johnson, Duffie, and Weiner C/O Mark Duffie 301 Market Street Lemoyne, Pa. 17043-0 9 -/4 By: Frank Petroccitto / Jane tzeli 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff's FRANK C. PETROCCITTO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT : 11-5436 CIVIL TERM ? JANE TITZELL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT 11-5439 CIVIL TERM ORDER OF COURT -3 r-.y AND NOW, this day of April, 2012, upon consideration of the within "MOTION TO COMPELL [sic] DEFENDANTS ANSWERS TO PRODUCTION OF DOCUMENTS AND PLAINTIFFS FIRST SET OF INTERROGATORIES," a Rule is issued on Defendant to show cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. By the Court, Albert H. Masland, J. /Frank Petroccitto 1102 Ridge Drive Mechanicsburg, PA 17055 V Jane Titzell 1104 Ridge Drive Mechanicsburg, PA 17055 Mark C. Duffie, Esquire For Defendant saa + t::J - ? r..., _ 77) ??z.,. Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com FRANK PETROCCITTO, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant JANE TITZELL, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5436 i? CIVIL ACTION = z= -- -'QM ,nr r o Mc:. rQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5439 CIVIL ACTION ANSWER TO MOTION TO COMPEL DEFENDANTS ANSWERS TO PRODUCTION OF DOCUMENTS and PLAINTIFFS FIRST SET OF INTEROGATORIES AND NOW, comes the Defendant, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through their counsel, Johnson, Duffie, Stewart & Weidner, and files this Answer to Motion to Compel and in support thereof avers as follows: 1. Denied. The Defendant Ridge Court Homeowners Association, did not file or record Plaintiffs request for production of documents or the first set of Plaintiffs interogatories. 2. Admitted. By way of further response, the parties have engaged in ongoing settlement discussions and the Defendant was under the impression that all proceedings would be tolled until those discussions were exhausted. 3. Admitted. 4. Denied. As a result of the settlement discussions, the Defendant should be afforded an additional 20 days to respond to Plaintiffs request for production and interogatories. 5. Denied. The Defendant is unable to ascertain the meaning of this averment and therefore the same is denied. 6. Admitted. 7. Denied. The averments set forth in paragraph 7 are wholly irrelevant and therefore the same as denied. 8. Denied. 9. Admitted. By way of further response, the parties were unable to arrive at a settlement at this time. 10. Denied. By way of further response, the Plaintiffs, outside of this particular motion have not made a request for action. WHEREFORE, the Defendant, Ridge Court Homeowners Association, respectfully requests this Honorable Court deny Plaintiffs Motion to Compel exclusive of a direction to the Defendant to reply within 20 days to the Request for Production and Interrogatories. Further, the Defendant respectfully requests that any Request for a Summary Judgment or any costs or fees associated with said motion be denied. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant 492819 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer to Planitiff's Motion by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the '2 r-ed day of April, 2011, addressed to the following: Frank C. Petroccitto Jane Titzeli 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By:_ Mark C. Duffie, t FRANK C. PETROCCITTO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT 11-5436 CIVIL TERM ? JANE TITZELL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT 11-5439 CIVIL TERM ORDER OF COURT AND NOW, this - day of May, 2012, upon consideration of Plaintiffs' respective motions to compel Defendant to produce documents and respond to Plaintiffs' first set of interrogatories, and the answer and response filed thereto, we ORDER AND DIRECT the Defendant to reply within twenty (20) days of this order to both the request for production of documents and the first set of interrogatories. The additional relief requested by Plaintiffs is DENIED. By the Court, Frank Petroccitto 1102 Ridge Drive Mechanicsburg, PA 17055 ,,?Jane Titzell 1104 Ridge Drive Mechanicsburg, PA 17055 /rk C. Duffie, Esquire For Defendant ?op?es m111 (CIL - -L?'yl Albert H. Maslan , J. cn I r s '? r-77 yC . r :saa r u? FRANK PETROCCITTO. Plaintiff, V. Ridge Court Homeowners Association..... Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUN , PA No.: 11-5436 Jane Titzell, Plaintiff, V. Ridge Court Homeowners Association..... Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5439 (Civil Term) 1.) Plaintiff's submit that the Defendant's, Ridge Court Homeowners Association, through and by their attorney, Mark Duffie, of Johnson and Duffy, filed and had recorded in the Court of Common Pleas, in the State of Pennsylvania, and in the county of Cumberland, on November 12, 2011., The Plaintiffs Motion to compel Defendants to produce Production of Documents and First set of Plaintiffs Interrogatories was ordered on May 16,2012.. 2.) The Defendant's have not responded to either request despite the sitting Judge's order. 3.) The order allowed 20 days to respond to these documents and to date it has NOT been filed nor has it been received by either Plaintiff.. 4.) More than ample time has been afforded to the defendant's and their ploy to avoid justice is obvious. 5.) The Defendant's were originally noticed in November and has made numerous excuses why they should not adhere to Your Honors order.. 6.) The Defendants requested and was granted a ten day extension to answer the Plaintiff's complaint which was filed several months prior. 7.) The Plaintiffs contend and passionately argue that justice delayed is justice denied. 8.) It is our belief that the defendants, to avoid the inevitable, are stalling and ignoring the time frames set by this Honorable court 9.) The defendants responded to the Plaintiffs Motion to Compel by way of asking for an ADDITIONAL extension. 10.) No correspondence was given despite the plaintiffs constant request for action., 11.) The time has lapsed beyond Your Honors order. 12.) Under the law, The Plaintiffs have a right to discovery and it has been blocked at every turn and the Plaintiff's seeks a remedy by this Honorable Court to uphold Your Honor's order dated twenty day prior to the filing of this document. Therefore, Plaintiffs, Frank Petroccitto, and Jane Titzell. Respectfully request that this honorable court award a default judgment in the amount of $2,000.00 plus costs and fees and whatever the court deemed justified. Respectfully Submitted FRANK PETROCCITTO & J E TI ELL O\A? Date: June 04,2012 CERTIFICATE OF SERVICE 1, Frank Petroccitto and Jane Titzell, do hereby certify that on this 4th. day of June, 2012, 1 served a true and correct copy of Plaintiff's Motion for SUMMARY DEFAULT JUDGEMENT via regular U.S. First Class mail addressed as follows: Johnson, Duffy, and Weiner C/O Mark Duffy 301 Market Street Lemoyne, Pa. 17043-0109 By: Q. Y" L Frank Petroccitto/ Jae II 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff Date: June 4,2012 I Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Pete FRANK PETROCCITTO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-5436 V. CIVIL ACTION RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-5439 V. CIVIL ACTION RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant ANSWER TO MOTION FOR SUMMARY DEFAULT JUDGMENT AND NOW, comes the Defendant, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through their counsel, Johnson, Duffie, Stewart & Weidner, and files this Answer to Motion for Summary Default Judgment and in support thereof avers as follows: f . 1. Admitted in part and denied in part. It is admitted that the Plaintiffs filed a Motion to Compel Defendant to respond to the Interrogatories and the Request for Production of Documents and an Order was generated on May 16, 2012 directing the Defendant to respond within twenty (20) days. It is denied in that the first sentence fails to refer to what actually was filed on November 12, 2011. 2. Denied. On June 5, 2012, the undersigned delivered to the residence of Plaintiff, Frank Petroccitto the Defendant's Answers to Interrogatories and Responses to the Request for Production of Documents. 3. Admitted in part and denied part. It is admitted that the Order allowed twenty (20) days to respond. It is denied in that Interrogatories and their responses as well as responses to Request for Production of Documents are not required to be filed. It is further denied in that these responses and answer have been received by Plaintiffs within the twenty (20) days provided in the Court's Order. By way of further response, the Plaintiffs filed the Motion to which Defendant is responding herein nineteen (19) days after the date of the Order compelling the response within twenty (20) days. 4. Denied. 5. Denied. 6. Admitted. The Defendant did request a ten (10) day extension to answer Plaintiffs' original Complaints. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. Once again, the Motion was filed nineteen (19) days following the Order of Court. 12. Denied. Once again, the Motion was dated nineteen (19) days prior to this Honorable Court's Order granting twenty (20) days to respond to the discovery requests. WHEREFORE, the Defendant, Ridge Court Homeowners Association, by and through its undersigned counsel, respectfully requests this Honorable Court dismiss Plaintiffs' Motion for Summary Default Judgment and direct that the Plaintiffs pay the Defendant's attorneys' fees associated with responding to a Motion improperly filed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant 500575 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer to Plaintiffs" Motion by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the _Lft day of June, 2012, addressed to the following: Frank C. Petroccitto Jane Titzell 1902 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWAP/T -& WEIDNER By: ` ark C. Duffie A-? 4 ,4A JF THL PR0THON, I 2812 JUL 12 AM 11: C0, CUMBERLAND COUN PENNSYLVANIA PRAECIPE FOR LISTING CASE FOR ARGUEMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY (List the within matter argument court.) CAPTION OF CASE FRANK PETROCCITTO, Plaintiff, V. Ridge Court Homeowners Association..... Defendant. 14 Jane Titzell, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No`: TI-MW V : NO. 11-5439 Ridge Court Homeowners Association..... Defendant (Civil Term) if.. 71-Pd Fr-Kk Pd C&5s ?- a -770 the next it J Matter to be argued: Plaintiffs motion for summary default judgment and defendant 2. Identify all council who will argue cases a.) For Plaintiff Frank Petroccitto 1102 Ridge Drive Mechan (name and address) Mark Duffle 3 , Pa. 17055 b.) For Defendant 301 Market Street Pa. 17043-0109 (name and add I will notify all parties within two days that this case has been listed for arg?ment. Frank Petroccitto/ Jane Titzell 1102 Ridge Drive Mechanicsburg, Pa. 17055