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Home My WebLink About11-5437COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland COMMON PLEAS No. lit - Sq3 NOTICE OF APPEAL Filed Vkh Ivi l 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 09-3-05 Hon. Mark Martin was 1101 Ridge Drive Mechanicsburg PA 17055 06/07/2011 Ridge Court Homeowners Association VS Frank C. Petroccitto CV-131-2011 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. P.D.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED 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 Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) 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 Name of appellee(s) , 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 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 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT r'l AOPC 312-05 FILEO-OFFICE OF THE PROTHONOTARY 2011 JUL -5 PM 12= 35 CUM?ANO COUNTY YLYAHIA $q). P75 PD A 77Y MA 04 DUFFI e` 3.09012 p-#,Q 1ol3gq 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 Association 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-09305-CV-0000131-2011 MJ-09305-CV-0000193-2011 Judgment Summary Participant Frank C. Petroccitto Ridge Court Homeowners As Ridge Court Homeowners Association V. Frank C. Petroccitto 110A Ride 6r Me6h , Pik moss Plaintiff Defendant Ridge Court Homeowners Frank C. Petroccitto Association Frank C. Petroccitto Ridge Court Homeowners Association Joint/Several Liability Individual Liability $0.00 $352.60 sociation $0.00 $748.50 Docket No: MJ-09305-CV-0000131-2011 Case Filed: 416/2011 Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 06/07/2011 06/07/2011 Amount $352.60 $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 Plaintiff 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 JointlSeveral 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 PROTHONOTARY/CLERK 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. MDJS 315 Page 1 of 3 Printed: 07/05/2011 11:22:58AM Ridge Court Homeowners Association Docket No.: MJ-09305-CV-0000131-2011 V. Frank C. Petroccitto `j am"A n Date Magisterial District Judge Mark Martin certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 2 of 3 Printed: 07/05/2011 11:22:58AM 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 RIDGE COURT HOMEOWNERS ASSOCIATION, Plaintiff V. FRANK C. PETROCCITTO, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO DEFEND NO. 11-5437 CIVIL ACTION --+ m :z =:;o - G7 T7 - Lnr- - 71 )> C`' -.. cn 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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 notificaci6n 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 le 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 reclamaci6n 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, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 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 Plaintiff RIDGE COURT HOMEOWNERS IN THE COURT OF COMMON PLEAS OF ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-5437 V. CIVIL ACTION FRANK C. PETROCCITTO, Defendant COMPLAINT AND NOW, this 1(1L. day of August, 2011, comes the above-named Plaintiff, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint and in support thereof avers as follows: 1. Plaintiff, RIDGE COURT HOMEOWNERS ASSOCIATION, is a Pennsylvania non-profit corporation incorporated on November 9, 1984, with a registered address of 1055 Nanroc Drive, Mechanicsburg, PA 17055. 2. Defendant, FRANK C. PETROCCITTO, is an adult individual residing at 1102 Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On February 12, 2010, the Defendant, acquired real property known and numbered as 1102 Ridge Road, Mechanicsburg, Pennsylvania, which said property is located in a community known as Ridge Court. 4. Pursuant to the Planned Communities Act, Plaintiff levied an assessment against homeowners in Ridge Court in the amount of $87.00 per quarter. 5. Plaintiff has the power and authority to impose and receive payments pertaining to the common elements pursuant to 68 Pa.C.S.A. Section 5302 (10). 6. Plaintiff has the power and authority to impose charges for late payments of assessments pursuant to 68 Pa.C.S.A. Section 5302 (11). Defendant failed to pay assessments for a period of four (4) quarters totaling Three hundred forty-eight ($348.00) dollars with late fees and penalties of Forty-eight ($48.00) dollars. 7. Pursuant to 68 Pa.C.S.A. Section 5315 (g), the Association is entitled to reasonable attorney fees which said fees will be incorporated into the demand herein at trial. WHEREFORE, Plaintiff demands judgment be entered against Defendant in the amount of Three hundred ninety-six ($396.00) dollars plus interest on the unpaid balance at the statutory rate together with attorney fees afforded per the statute incurred by Plaintiff in pursuing the matter and all court costs including those incurred before the District Justice, which total amount due Plaintiff is less than the amount for compulsory arbitration in Cumberland County. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duf t, 301 Market S P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :454581 VERIFICATION I, Mark C. Duffie, attorney for 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 Dated: V ill 111 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the J? day of August, 2011, addressed to the following: Frank C. Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 JOHN777 & WEIDNER By: Mark C. Duffie 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 RIDGE COURT HOMEOWNERS ASSOCIATION, Plaintiff V. FRANK C. PETROCCITTO, Defendant MOTION TO CONSOLIDATE NO. 11-5437 CIVIL ACTION AND NOW, this 1 day of August, 2011, comes the above-named Plaintiff, RIDGE COURT HOMEOWNERS ASSOCIATION, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Motion to Consolidate and in support thereof avers as follows- 1 . Plaintiff, RIDGE COURT HOMEOWNERS ASSOCIATION, filed two separate Causes of Action in Magisterial District No 09-3-05 before the Honorable Mark Attorneys for Plaintiff`:- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Martin for failure to pay association fees and assessments. 2. The first of the two actions was brought against Frank C. Petroccitto and said action was appealed and now is docketed to No. 11-5437. 3. The second action was brought against Jane Titzell and said action is docketed to No. 11-5438. 4. Before the District Justice, both Mr. Petroccitto and Ms. Titzell filed separate actions against the Plaintiff which are now docketed at No. 11-5436 and 11- 5439. 5. All four matters have substantially similar factual and legal issues which would be judicially efficient to try all four actions concurrently. 6. The Defendant, Frank Petroccitto in Docket No. 11-5436 and Defendant, Jane Titzell in Docket No. 11-5439, filed Motions to Consolidate those two matters. 7. The Plaintiff would have no objection to such consolidation and would request that all four actions be consolidated. 8. The undersigned Counsel for the Plaintiff has not had any communication with respect to the Defendants' position with respect to a consolidation of all four matters as the parties are unrepresented. 9. Before the Honorable, Mark Martin, all four actions were consolidated and tried concurrently at that time and therefore is believed and averred that the Defendants, Petroccitto and Titzell, have no opposition to doing the same before this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to consolidate Docket Nos. 11-5436, 11-5437, 11-5438 and 11-5439 for purposes of trial. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By.?? j-?---. Mark C. Duffie Richard W. Stewart 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :454974 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Motion by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 6,?day of August, 2011, addressed to the following: Frank C. Petroccitto 1102 Ridge Road Mechanicsburg, PA 17055 Jane Titzell 1104 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?/w 4, i' Mark C. Duffie Richard W. Stewart rr l{ I LEO Tr;F- r'CJCI, r'k , Frank Petroccitto 1102 Ridge Drive Mechanicsburg, Pa. 17055 (717) 766-5130 TRAVELORP(aD-AOL.COM et al pro se Ridge Court Homeowners Association...: :IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA V. : NO. 11-5437 (Civil Term) FRANK PETROCCITTO, Defendant. ANSWER TO COMPLAINT 1. Agreed 2. Agreed 3. Agree in part Deny in Part 4. Agreed 5. Denied: No Response required for Legal Conclusion 6. Denied: No Response required for Legal Conclusion 7. Denied: No Response required for Legal Conclusion Frank Petroccitto, Defendant, et al pro se CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and accurate copy of the forgoing Answers to Defendants Preliminary Objections to Plaintiffs Complaint by depositing a copy of the same in the United States Mail at Mechanicsburg, Pa. 17055, with first class postage on the 17th day of August, 2011 addressed to the following: Johnson, Duffle, Stewart & Weidner CIO Mark Duffle 301 Market Street P.O. Box 109 Lemoyne, Pa. 17043-109 ?4 PA Frank Petroccitto Defendant, et al prose Page 2 of 2 RIDGE COURT IN THE COURT OF COMMON PLEAS OF HOMEOWNERS ASSOCIATION, CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff NO. 2011-5437 CIVIL TERM FRANK C. PETROCCITTO, w Defendant --- `?' ?rn :C:) f'o ORDER OF COURT AND NOW, this 30TH day of AUGUST, 2011, a Rule is issued upon Defendant Frank C. Petroccitto and Jane Titzell to Show Cause why the Plaintiff's Motion to Consolidate should not be granted. Mark C. Duffie, Esquire v/ Frank C. Petroccitto V Jane Titzell pa,ud 1( 0op'sq-0 I Da e Court, Edward E. Guido, J. sld