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HomeMy WebLinkAbout11-5439!D . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. //-.x{39 &;1 T rM NOTICE OF APPEAL FILEb 7/5//f 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. It Ur- Mui Ridge Court Homeowners Association 09-3-05 on. Mark Martin ennoGee nc AD-I i A- _.,. 1101 Ridge Drive Mechanicsburg PA 17055 IN i nt cASt ur (t tamnrp (Defendant)' 06/08/2011 Jane M. Titzell VS Ridge Court Homeowners Association CV-192-2011 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. If appellant was Clai n (see Pa. 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 Jane M. Titzell appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 1 - 5yy i yi/ T16fM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. nature of appellant or attorney or agent Mark C. Duffle, Esq. RULE: To Jane M. Titzell 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 MAY BE - Q)+ The,date-aservice of this rule if service was by mail is the date of the mailing. Date: &11 Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 OF THE PROTHONOTARY C RLA DIA TY SYLVAN A? DUFFLE Q'I. 175 PA ATry C # 3la4oa Q.? 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 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 Titzell 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 $48.00 $48 00 Attorney Fees $0.00 $218.75 . $218 75 Filing Fees $0.00 $105.50 . $105.50 Grand Total: $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 Total: $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, 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. -? Date Al?at A. Magisterial District Judge Mark Martin s^. „t l ? oq . '65 1104 POr Jane M Titzell V. Ridge Court Homeowners Docket No: MJ-09305-CV-0000192-2011 Case Filed: 5/16/2011 Plaintiff Defendant Disposition Disposition Date Ridge Court Homeowners Jane M Titzell Judgment for Plaintiff 06/08/2011 Jane M Titzell Ridge Court Homeowners Judgment for Plaintiff 06/08/2011 Joint/Several Liability Individual Liability Amount Notice of Judgment/Transcript Civil Case Page 1 of 3 Printed: 07/05/2011 11:24:05AM FILED-CF iCE CAE THE PROTHONOTAR ' 2011 JUL 21 PM 3: 33 Jane Titzell 1104 Ridge Drive Mechanicsburg, Pa. 17055 (717) 795-9662 Titzell@aol.com CUMBERLAND COUNTY PENNSYLVANIA et al pro se Jane Titzell, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. Ridge Court Homeowners Association.... Defendant. : NO. 11-5439 (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. Jane Titzell 1104 Ridge Drive Mechanicsburg, Pa. 17055 (717) 795-9662 Titzell@aol.com et al pro se Jane Titzell ......................................: IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. : NO. 11-5439 (Civil Term) Ridge Court Homeowners Association...., Defendant. COMPLAINT AND NOW comes the Plaintiff, Jane Titzell , 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, Jane Titzell (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 4 PARTIES 1. Plaintiff Jane Titzell is an adult individual residing at 1104 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, Plaintiff attempted to contact the liaison for the Defendant, to no avail. See Exhibit "A" 6. After numerous calls our 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 4 9. Over the next year Ms. Titzell began caring for her property and that of the entire block as no one on this side of the street was being cared for. 10. Ms. Titzell implicated her 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. Ms. Titzell paid her dues in full on April 7, 2011 and was then served by the Constable on or after April 18, 2011. And the case did not come up until June , 2011. see exhibit "D". 12. Ms. Titzell has paid the judgment that net $13.75 and the Defendant received a judgment for all that they asked for. The check is yet to be negotiated. 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 it 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 Ms. Titzell 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 Exhibits "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" Page 5 of 6 17. The President herself, Marylyn Breen, continually violates a rule for trash. Rules and Regulations # 1-C. see Exhibit "H, H-1" 18. The Association ignores a boat and trailer in a members driveway. See Exhibit "H, H-2. 19. In July of 2009, the police were called on Mr. Petroccitto, a neighbor for putting out a mattress the day before trash day and it was clearly on my property. 20. The plaintiff has had authorities called on her numerous times, including Steve from the Township for maintaining my handicap ramp and several other issues. 21. Ms. Titzell is being harassed because of a personal vendetta by Ms. Breen. 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 of a concrete slalo and a Gazebo was built on a property without a permit or permission to do so. See rules and regulations item 12A Exhibit "1, 1-2" 23. Mr. Petroccitto was arrested by charges filed by Marylyn Breen, President, which was later dismissed. See exhibit "K". Just another form of harassment to get to me. 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 Page 6 of 7 26. Under the terms of those agreements, the plaintiff did not comply to their own agreements having breeched our arrangement. 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 Page 7 of 7 of service notice was received on July 18, 2011, leaving me exactly 8 days to file this complaint. (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 8 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 Seven Hundred Thirty Dollars and seventy eight cents. ($738.75) together with interest and costs of suit and such other relief that the court deems just and proper. Respectfully Submitted, Date: July 20, 2011 Jane Titzell Vl? J e itzell, et al pro s Page 9 of 10 VERIFICATION I, Jane Titzell, 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: Jane i II Page 10 of 10 C] CERTIFICATE OF SERVICE I, Jane Titzell, 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 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kristen M. Gasbarre, Notary public Carlisle Boro. Cumberland County My Commission Expires Feb. 11, 2013 Member, Pennsylvania Association of Notaries ?G4/* 2e `j 4"? Jane Ti e 301 MARET STREET L A W 0 F F i c E S PO. BOX 109 OHNSO i"MINT-PA N J 1'343tlP9 T)UFFff , 717.751.4540 Fax: 717.76:30!5 LAURA L. DoBBL'ti ild+?jcis? com Law Firm Administrator s 1 M UI- VtNNbTLVANIA L COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. It -5 y39 Civil Terri NOTICE OF APPEAL 11 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 NOTICE OF APPEAL FROM Hon. Mark Martin 1101 Ridge Drive Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 06/08/2011 Jane M. Titzell VS Ridge Court Homeowners Association DOCKET No. SIGNATURE OF APPELLANT OR ATT R AGENT CV-192-2011 This block will be signed ONLY when this notation is required under Pa. If appellant was Claitrtnt (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. 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. 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 Jane M. Titzell appellee(s), to file a complaint in this appeal Name ofappellee(s) (Common Pleas No. 11-5Y32 A'VuTew ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. nature of appellant or attorney or agent Marts C. Duffre, Esq. RULE: To Jane M. Titzell , 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 Date :20 (3) , .1 The date of 'service of this rule if service w@s byKXiail i. the date of the mailing. __r?' // ??Tt1 1? • Ql ? L' 11 Si 1,4-t, YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF AOPC 312-05 VINVAIAs Allmoo aNvqam3 s- Inr i ro 18V1ONON1Odd .!#1 it) t s 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 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition Summary Notice of Judgment/Transcript Civil Case Jane M Titzell V. Ridge Court Homeowners Docket No: MJ-09305-CV-0000192-2011 Case Filed: 5/16/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-CV-0000130-2011 Ridge Court Homeowners Jane M Titzell Judgment for Plaintiff 06/08/2011 MJ-09305-CV-0000192-2011 Jane M Titzell Ridge Court Homeowners Judgment for Plaintiff 06/08/2011 Judgment Summary Joint Several Liability Individual Liability Amount Participant Jane M Titzell $0.00 $372.25 $372.25 Ridge Court Homeowners $0.00 $358.50 $358.50 Judgment Detail (*PostJudgment) In the matter of Ridge Court Homeowners vs. Jane M Titzell 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 $48.00 $48.00 Attorney Fees $0.00 $218.75 $218.75 Filing Fees $0.00 $105.50 $105.50 Grand Total: $372.25 In the matter of Jane M Titzell vs. Ridge Court Homeowners on 6/08/2011 the dispo sition 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 Total: $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, 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. jam' Date Magisterial District Judge Mark Martin`;. MDJS 315 Page 1 of 3 Printed: 07/05/2011 11:24:05AM TH OF PENNSYLVANIA 'COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No f I - J??3a Oiv; 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 DATE OF JUDGMENT 06/08/2011 NO. CV-130-2011 MAU. DIST. NO. NAME OF MDJ 09-3-05 Hon. Mark Martin Mechanicsburg IN THE CASE OF (PlaintM Ridge Court Homeowners Association 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. VS Jane M. Titzell 17055 If appellant was Claimant ee Pa. k. C. 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (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 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) The date of service of this rule if service was by 0)aiL is.the,date of the mailing. Date: . 20 Signature of Prothonotary or Deputy i YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL J IAIt PA AOPC 312-05 71NdAlA AlNf10o ONtl 9 9£ :z# wd s- ltd' IIOI ,ttlV1QN D1??0-03OHl021d1ll !0 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 1101 Ridge Dr Mechanicsburg, PA 17055 Disposition Summary Notice of Judgment/Transcript Civil Case Ridge Court Homeowners V. Jane M Titzell Docket No: MJ-09305-CV-0000130-2011 Case Filed: 4/6/2011 Docket No Plaintiff Defendant Disposition Disposition Date W-09305-CV-00001 30-2011 Ridge Court Homeowners Jane M Titzell Judgment for Plaintiff 06/08/2011 MJ-09305-CV-0000192-2011 Jane M Titzell Ridge Court Homeowners Judgment for Plaintiff 06/0812011 Judgment Summary Joirrt/Severai Liability Individual Liability ------._ Amount Participant Jane M Titzell $0.00 $372.25 $372.25 Ridge Court Homeowners $0.00 $358.50 $358.50 Judgment Detail ('*PostJudgment) In the matter of Ridge Court Homeowners vs. Jane M Titzell on 6108/2011 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 $48.00 Attorney Fees $0.00 $48.00 $218.75 $218.75 Filing Fees $0.00 $105.50 $105.50 Grand Total: $372.25 In the matter of Jane M Titzeli 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 Filing Fees $0.00 $368.50 $58.50 $58.50 Grand Total: $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, 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. jj?? ) dnrr:nn,? A ?a'' . O+ nNM r Date . Magisterial Dishfct Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 06/0812011 4:41:47PM lz? rri r7l Z.,:0 r-- -? r••- cnt m C q® > <Q 33. i-rt X F3 ' X j r CJ ? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served (SWORM(AFFIF THIS DAY of a copy of the Notice of Appeal, Common Pleas No.11- SgApon the Magisterial District Judge designated therein on (date of service) 07/05, 2011, ? by personal service ® by (certified) (;@qir.4eF@d mail, sender's receipt attached hereto, and upon the appellee, (name) Jane M. Titzell, on 07/05,2011 ?by personal service ® by (certified) (Fegiatered) mail, sender's receipt attached hereto. I D) AND SUBSCRIBED BEFORE ME F 20LI before who a davit s made Signature of a/ffi( nt Marts C. Duffle, s . Title of officia My commission expires on ?- 01 I NtJa'?f1-VANIA coMMpNW 'Seal Tecree L. Knight, Notary Public Lemoyne goo, Cumterjand July 8, 2 013 My Commission PBO Member, Pennsytvants Aagooiation of Notaries AOPC 312A - 05 9171 9690 0935 0005 8232 81 f g 9171 9690 0935 0005 8232 81 9171 9690 0935 0005 8233 11 t?q? , ?-. lie 9171 9690 0935 0005 8233 11 t -,p C O 2EX Cnn r- M D .c- ?14 ?c:) Cam , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA TH OF PENNSYLVANIA COUNTY OF I VW ; ss AFFIDAVIT: ttt 1 hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No11,9434, upon the Magisterial District Judge designated therein on (date of service) 07/05, 2011, ? by personal service ® by (certified) (fegistaum4 mail, sender's receipt attached hereto, and upon the appellee, (name) Jane M. Titzell, on 07/05,2011 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (AFFIRMED) AND SUBSCRIBED BEFORE ME DRAY O , 20 4 of official before who 7V1 as made Signature of affi Mark C. Duffie, sq. Title of officia (( My commission 013 COMMONWEALTH OF PENNSYLVANIA Notarial seal Terree L. Knight, Notary Public L My I,, emoyne 6oro, Cumberland County July 2013 Member, P n da ca tion o Notaries AOPC 312A - 05 v 9171 9699 0935 0005 8232 81 9171 9690 0935 0005 8232 81 9171 9690 0935 0005 8233 11 9171 9690 0935 0005 8233 11 15-JUL-2011 FRI 04:03 MDJ MARTIN 9305 COMMONWEALTH OF PENNSYLVANIA COUNTY.0F Cumberland ° p93-05 - MD„i WanK: Non- Mark W- Martin 507 N. York St.. Mechanicsburg, PA 17055 (717)756-4575 FAX No. 7111662238 P-003 CIVIL CQMPLAfNT Pl t1tNT1FF: NAME end AWREW Vs_ pEpENDAN'f: NAME b„d AMOS& 'D e C' a ct Aet-1 Q, oa(,?t1 r2 ALL et o /" t4 Litd A K4g,1-5 A /101 V- i 1 Uockit No-: Date Filed: UUNIT AM DATE PAID ' FIIJNG COSTS ?y 5 Gi 1 POSTAG>= 3 ! ? ? SERVICE G05T5 € WNSTP,SLE ED- 5 S? / 1 I , 1 TOTAL Pa-p,•C•f'-O.J: No. 206 501S forth those Costs recoverable by the prevailing party. together with costs THE pEFENDANT: The above named plaintiff(s) asks judgment against you for _?- - TD l fines must include .citation of the statute or ordinance viplated): upon the folluv4ng rlairn (C9v+ ?7`t rf U` 1 L'. A.L5 IJ 1:? -i2 C-z s: V! o L- r v A.) 0, r Av L w S ,Sur? . verify that the facts set forth in this complaint are true and correct to thi nalUes of Section 4904 o+ the Crime! best of my 3cnovyIedge, information, and belief. This statement is made subject to the Pe Code (18 PA_ C_S. § 4904) related to unsworn falsification to authorities- l ^ r 9 b Plairdlf?'s ? S Address. G 14- A"rlwy: CA -relephGne- IFI f } ?e '.a "J? ?7 T? Gam/ FiC;E IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, RAE HEARING ANOSO NOTIF YO THIS F NSEM UNLESS YOU 0H ABOVE TELEPHONE NUMBER. YOU MUST APPrCA JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the ptaindff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5} days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial D:st11r_! Court 2nd its services, Please contact the Magisterial District Court at the above address or telephone number- We are unable to provide transportation.. AOPC 30BA-05 Nlt ti 3L?? 1, 3 E- x A I Y? I r G ??1 "l1T Y5 n ? o/ TM Uf MNNSTLvwNU% COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. - NOTICE OF APPEAL Fit LED 7/5/11 Notice is given that the appellant has tied 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. NAME OF APPELLANT MAa DIST. NO. NAME OF MDJ Ridge Court Homeowners Association 09-3-05 Hon. Marls Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE 1101 Ridge Drive Mechanicsburg PA 17055 DATE OF NT IN THE CASE OF (P'lrirMM) (DWbadd rf' 013/0712011 Frank C. Petr+oc.citto va Ridge Court Homeowners Association NT DOCKET No. SKaY::7&7 2011 CV-193- This block will be signed ONLY when this notation is required under Pa. If appelant was Clafman Twe Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10008. This Notice of Appeal, when mosived by the Magisterial District Judge, will before a hfagWeriar District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after WV the NOTICE of APPEAL.. Sip?rfurs dRWhonoferyorDepufy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used O11LY when appoill" was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action beffare fllagistedal District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary a Enter rule upon Frank C. Petroccift appellee(s), to file a coma plaint in this appeal Nam dapps#Ws) (Common Pleas No. J _ 5g3(V OiVi Itell!'! ) **in twenty (20) days after service of rule or s4wrtry of judgment of non pros. of eppeNard or attorney or agent Ma C. Duffle, Esq. RULE: To Franck C. Petroccitto , appellee(s) Name of ^W@& (s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (2t)) 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 me if service was by mail is,thA'diiie of the mailing. Date: ' LAA DOPW OAVtD D. °' YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Mag. Dist. No: MDJ-093.05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanksbur% PA 17055 Telephone: 717-7664575 Ridge Court Homeowners Association 1101 Ridge Dr Mechanicsburg, PA 17055 Case Frank C. Petroccitto V. bq- 9;6 1.1061C Ridge Court Honteawriers Association Docket Na MJ4M9305-CV-0000193-2011 Case Filed: 5/162011 -wry-------. _ ............._....._.....----------- - _.. _ ...... _.. ..._ ... _ _ ___-- ---.-.. _......----- --------------- Docket No Piriind f Def nClant Disposition Disposition Data W49305-CV-x000131 2011 R1119e Coot Homeownera Frank C. Patrood D Judie for Pink idff 061x712011 AteeCron MJ-09305-CV-0000193-2011 FM* C. Pebtoo t Ridge Court Homeownem Judorneat for pA*M 0610712011 Assodedon jjA0jjjjt g jl ..... - .Iok f8er erd LiaWfity Ind I01" Llabli t Amount Puscipent Frank C. Pabooo tlo $0.00 $362.60 $352.60 Ridge Court Homeowners Ateedellon $0.00 $748.50 $746.50 In the M ON of Rkige Court Homeowners Association vs. Frank C. Petrooc540 on 6/072011 the disposition is Judgment for Plain fr and judgment was awarded ate follows: JudlW nt Component Jok*Ssv wW L WA tlr hrdividuat Lhbility Deposit Ap plied Amount cm Judgment $0.00 $258.00 $25&00 FNrg Fees $0.00 $94.60 $94.60 Gerard Totak $362.09 In the matter of Franc C. Petroccitto vs. Ridge Court Homeowners Association on 6007/2011 the disposition is Judgment for Plaintiff and judgment was awarded as fiolowx JudpmsartComponent JoNnb8everal Liability hrdlvMud UabNky Deposit Applied Amount Attonlsy Fees $0.00 $200.00 $200.00 CkA Judgment $0.00 $490.00 $480.00 Filing Fees $0.00 $58.50 $58.50 Grand Tctat $74S M ANY PARTY HAS THE RKWT TO APPEAL WITHIN 30 DAYS MTER THE ENTRY OF JUDA1IIIIFlT BY FILM A NOTICE OF APPEAL WITH THE PROiHIONOrTAtttYlCt C OF COURT OF COMMON PLEAS, CIVIL DIVISf011. YOU (MUST iNCUIDE A COPY OF THUS NOTICE OF FOIIr WITH YOUR NIYTICE OF APPEAL ©ICMT AS OTIIE i E PNONU]ED IN THE RULES OF CIVIL PROCEIXIRE FOR NAOISTERIAL DISTWCT .WOOFS, IF THE AMIIIE T WXMW ELIMS TO EKM THE AIDf311111111IIT N THE COURT OF COMMON PLEAS. ALL R ITHER PIiOCESi MUST COME FROM THE COURT OF COMMON PL L48 AND NO FURTHER PROCESS MAY BE ISStND BY THE MAMTERUL DISTRICT JUDGE. UNLESS THE JUIX1tMBfr d ENTERED IN THE COURT OF COMM PLEAS, ANYCLE ULTERIMED N THE JUDGMENT MAY FILE A REMM FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUO6E IF THE .WDOM fT DESI PAYS N FULL, SETTLES, OR OTHERWISE COMPL.ES WfM THE JUDG ENT. hl-, --/ la / 'DOW h4agislsrid Didria Judge Mark Martin MOJS 315 Page I of 2 Prinisd; 061072011 4:39:16PM OFT ' T?bhoTARY 2#11 J1 _5 PM L9. 36 . . O COUNTY w", NIA *91.I5 PD A7TY A4axk """DID e? ?9oa R.#" a e i 343 r s / Originating Start Date: 24-May-2009 End Date: 23-May-2011 T Telephone Number: 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 7177959662 7177665130 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 7176910853 0:00:59 JUN-02-2009 22:30:34 7177959662 7179182665 0:01:31 JUN408-2009 16:11:12 7177959662 7177666800 0:00:18 JUN-09-2009 10:44:44 7177959662 7322718286 0:00:00 JUN-09-2009 10:45:10 7177959662 7322718286 021:59 JUN-10-2009 13:32:30 7177959662 7179665130 0:00:00 JUN-10-2009 13:33:06 7177959662 7177665130 0:00:54 JUN-13-2009 13:52:44 7177959662 8002662278 0:07:12 JUN-17-2009 10:10:02 7177959662 7177665130 0:00:40 JUN-18-2009 13:29:33 7177959662 8002230088 0:00:21 JUN-18-2009 13:30:12 7177959662 8002230088 0:04:17 JUN-18-2009 13:35:40 7177959662 7173022505 0:03:45 JUN-19-2009 18:30:25 7177959662 7178850961 0:00:17 JUN-20-2009 9:34:26 7177959662 7177665130 0:00:29 JUN-20-2009 13:38:56 7177959662 7178850961 0:00:13 JUN-24-2009 13:28:06 7177959662 7178850961 0:00:17 JUN-25-2009 11:07:37 7177959662 7178850961 0:00:37 JUN-28-2009 18:41:41 7177959662 7178850961 0:00:30 JUN-28-2009 20:26:06 7177959662 7327183859 0:15:39 JUN-28-2009 20:26:06 7177959662 7327183859 0:15:39 JUN-29-2009 13:33:59 7177959662 8005735354 0:29:27 JUN-29-2009 14:04:45 7177959662 7177639031 0:01:17 JUN-30-2009 23:07:21 717795 2 7177665130 0:00:54 JUL-01-2009 10:53:18 717795 2 7173023906 0:03:38 JUL-01-2009 11:00:13 717795 2 7177639031 0:00:00 JUL-01-2009 11:13:22 717795 7177639031 0:03:15 JUL-01-2009 12:12:54 7177959662 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0:00:37 NOV-17-2009 15:13:42 7177959662 7177965780 0:00:37 NOV-18-2009 9:37:04 7177959662 888880488 0:05:43 NOV-18-2009 9:37:58 7177958662 4 888880488 0:00:35 NOV-18-2009 9:40:02 7177959662 4 8888804884 0:00:05 NOV-20-2009 12:22:41 7177959662 8002662278 0:07:52 . NOV-20-2009 17:25:44 7177959662 7173295454 0:04:20 0:00:29 NOV-20-2009 17:26:59 7177959662 7177289,908 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 7177959662 7173024225 0:00:42 NOV-30-2009 13:44:47 17177959662 7177665130 0:04:17 DEC-02-2009 13:30:31 177959662 7177665130 0:00:07 DEC-04-2009 11:58:02 177959662 7179182665 0:01:19 DEC-04-2009 23:09:05 177959662 7322718286 0:31:01 DEC-05-2009 15:59:09 177959662 7177665130 0:00:17 DEC-06-2009 14:50:45 177959662 7176911771 0:04:40 DEC-06-2009 23:44:31 177959662 7177665130 0:02:13 DEC-09-2009 0:11:15 177959662 7177665130 0:00:50 DEC-09-2009 0:21:49 177959662 7178850961 0:00:04 DEC-09-2009 18:16:28 177959662 7177665130 0:01:40 DEC-11-2009 13:26:12 7 177959662 7177665130 0:00:36 DEC-11-2009 20:01:46 177959662 8776336008 0:01:10 DEC-11-2009 22:02:29 177959662 8776336008 0:06:02 DEC-12-2009 2:55:30 177959662 7177959662 0:00:09 DEC-12-2009 2:55:30 7 177959662 7178850961 0:00:09 DEC-13-2009 12:29:38 7 177959662 7173793177 0:00:18 DEC-13-2009 14:57:04 7 177959662 7173793177 0:03:39 DEC-14-2009 15:08:43 177959662 7177665130 0:01:45 DEC-14-2009 23:48:19 177959662 7177665130 0:17:35 DEC-15-2009 13:05:43 77959662 7173023906 0:01:00 DEC-17-2009 10:20:07 7 77959662 7177665130 0:00:17 DEC-18-2009 1:05:39 7 77959662 8004573721 0:01:52 DEC-18-2009 12:01:37 7 77959662 7178850961 0:00:35 DEC-19-2009 10:42:43 7 77959662 7178850961 0:00:02 DEC-19-2009 10:46:58 7 77959662 7177665130 0:11:06 DEC-19-2009 15:13:11 7 77959662 7177665130 0:00:00 DEC-20-2009 8:20:40 7 77959662 7177665130 0:03:24 DEC-20-2009 9:39:26 7 77959662 7177665130 0:00:02 09: Mo 04: Mo SZ:o0:0 5Z:o0:0 SZ:00:0 LZ:00:0 LZ:00:0 LZ:00:0 LZ:o0:0 LZ:00:0 4Z:00:0 4Z:o0:0 44:00:0 44:00:0 LVOTO LVOTO 9 L:ZO:O 90:00:0 90:00:0 Z4:Z0:o Z4:Zo:0 L£:£S:0 L£:£S:0 Z£:o0:0 00:00:0 LZ:00:0 LVOTO 20:00:0 Z£: Mo L£: L0:0 L£:00:0 Z L:00:0 90:00:0 84: Lo:O L0: LO:0 6VOTO 60:00:0 £ L:£0:O LZ:00:0 94:00:0 £0:00:0 9£:90:0 00:00:0 LZ:00:0 0£: Mo 9 L: L0:0 LZ:00:0 L4: MO LZ:80:0 0£LS99LLLL O£1S99LLLL 0£L999LLLL 0£LS99LLLL L960MLLL L9609MLL O£LS99LLLL O£L999LLLL O£1499LLLL 0£L999LLLL 0£ LS99LL U O£L999LLLL 0£LS99LLLL 0£L999LLLL OSL999LLLL 0£LS99LLLL LLL£6L6LLL O£L999LLLL O£LS99LLLL O£ L9%LL LL 0£L999LLLL O£LS99LLLL O£LS99LLLL L960499LLL LLL£6L£LLL 0£LS99LLLL 0£LS99LLLL 1960999LLL 069£ZMLLL 906£ZO£LLL S9SL944LLL 0£L499LLLL O£LS99LLLL 999Z8t6LLL 0£L999LLLL 0£LS99LLLL O£LS99LLLL LZL£LS4009 O£LS99LLLL O£L999LLLL O£L999LLLL 069£ZO£LLL 069£ZO£LLL Z40ZL69LLL L6£OL69LLL L Lv ZVOZL69LLL LL4 O£LS99LLLL Z99696LL Z99696LL Z99696LL Z996S6LL ZM96LL Z99696LL Z99696LL Z99696LL Z99696LLL Z99696LLL Z99696LLL Z99696LLL Z99696LLL Z99696LLLL Z99696LLLL Z99696LLU Z99696LLLL Z99696LLLL Z99696LLLL Z99696LLLL Z99696LLLL Z9969W LL Z99696LLLL Z99696LLLL Z99696LLLL Z99696LLU Z99696LLU Z99696LLU Z99696LLLL Z99696LLtL Z99696LLU Z99696LLLL Z99696LLLL Z99646LLLL Z99696LLLL Z99696LLtL Z99696LLLL Z99696LLLL Z99696LLLL Z99696LLLL Z996S6LLLL Z99696LLLL Z99696LLU Z99696LLLL Z996S6LLLL Z996S6LLLL LZ:O L:£ L LZ:OI:£L Z VMS L ZL:60:£t L L:60:£ L 4£:90:£ L 4£:90:£ L 4£:90:£ L 82:94:9 L 92:99:9 L 6£:ZZ:ZL 9£:ZZ:ZL £S:£ L:S L £S:£ L:S L o9:Z L:S L OS:ZL:SL 4£: L4:6 2£:90:Z L Z£:90:ZL 8£: L V9L 9£: L L:9 L 9t:9L:£Z St:9t:£Z 94:92:6 SO:ZSZZ o L:£Z:6 L4:Z9: LZ o£:ZS:LZ L9:89:9 94:99:9 04:4£:VL o£:9£:0 ££: LTL L 4£:£Z:9t 6049:4 L 9£:69:9 L 94:99:tit o£:so:ZL Z4=442 o4:9£:" LZ: V L 4£:64: L L 40:64: L L 9L:ZZ:£ L4:42:ZZ £ L:£Z:ZZ 9 L:ZZ:ZZ 9S:OZ:ZZ SO:LZ:O 0 LOZ-6 L-Nvr 0 LOZ-6 t-NVr 0LOZ-6L-Wr OLOZ-6VWr 0 LOZ-6 L-Nvr 0 LOZ-6 L-Mfr 0 LOZ-6 L-Ndr 0 LOZ-6 L-Wr 0 LOZ-L L-Nvr 0 LOZ-L L-Nvr 0 LOZ-4 t-Nvr OLOZ-4L-Nvr 0 LOZ-£ L-NMr 0 LOZ-£ L-NVr 0 LOZ-£ L-Ndr 0 LOZ-£ L-Wr 0 LOZ- L L-NVr 0 tOZ-0 L-NVI' 0 LOZ-0 L-Wr OLOZ-WNVI' %OZ-WNVf' 0 LOZ-oo-wr 0LOZ-80-NW M OZ-90-NW O LOZ-90-NNF 0 LOZ-90-NNr OLOZ-90-NW OLOZ-90-NHr 0 LOZ-90-Wr 0LOZ-40-NVf OLOZ-40-NVr OLOZ-£O-NHr 0 LOZ-ZO-Nvr 6002-0£-030 60OZ-LZ-030 60OZ-VZ-030 60OZ-£Z-030 60OZ-£Z-030 60OZ-£Z-030 60OZ-ZZ-030 60OZ-ZZ-030 600Z-ZZ-030 60OZ-ZZ-030 60OZ-ZZ-030 6002- L Z-030 600Z-LZ-030 60OZ-1Z-030 600Z-LZ-030 60OZ-LZ-030 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 1 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 C l?ti, i3?4- D 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 (3 0) 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 Meetings - 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 uorum - 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 IV DIRECTORS 4.01 Number - 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 Re - 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 S) 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 ddgty 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 Resi ation 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 )aces - 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 D= - 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 VM 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 Meetintzs - 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 }}f i u DECLARATION KNOW ALL MEN BY THESE PRESENTS, that MELVIN K. ISAACMAN, HAROLD G. LEIB£NSON, THOMAS R. ROLLASON, II, and JAMES E. THAWLEY r . 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, ti+lT ; 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. v I; li CJ CID `' "' _' • =- BOOK 300 FADE 812 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 indLstry. 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 3 00 FACE, F133 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 t"JOs 30() PAE 814 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 v? 83?`? 30U PACE 815 from date hereof, but to no other land of the party hereto unless hereafter expressly so declared by it. I? v s j C? J /"/a? ?? J7 IN WITNESS WHEREOF, the undersigned set their hands and seals this day 'of 1984. n elv n R. Isaacman a=?) @- Harold ^ G. Le enson Thomas R. Rollason, II d670 A -3 i ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) On this the da of + y " ?' • yr .•.` , 19?/l before me, ? the undersigned officer, personally appears 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. ter. 1 lie JODY t &f€ O t pIC My Commission Expires Jai/ 6. 1988 '% Hlrrisbur,, PA Dauphin Caumy COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) f On this the day of 192 F I before me, the undersigned officer, personally appeared James 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. tarty Publ c ... ; _ JODY FELFCI Mr callings si ftOfiARY P?BLJC orr fxprn! fMirc 8. 1s li w'ftri. PA 14_ti Bom 300 ?ACE 816 RIDGE COURT HOMEOWNERS TION ¦¦ ¦¦ ¦¦ LAWN CARE 1. I intend to personally care for-or affm my property. 2. I wish to waive my right to have the sei Association (RCHA) to provide lawn a 3. I understand that this waiver can be ten mowing season. 4. I understand by waiving RCHA lawn accept the responsibility to pay asses: currently $87.00 per quarter. FORM ?ge the care for-the landscaping requirements of ce contracted by the Ridge Court Homeowners e for my property for the year 2010. inated in writing at any time during the year's ices I am still a member of the RCHA and is 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 ^? y 1 c ?J Tiled in the Dcra:tment of Czate on ':he'' day of N UEn1d e ,?19 a?-•sc- • . .. 3rcr.?sr• of i:ie Lo?n?enw.oltA ARTICLES OF INCORPORATION,. OF RIDGE COURT HOME' OWNERS-ASSOCIATION 8471 fi ?) In compliance with the requirements. of ttt a Pennsylvania Nonprofit Corporation --Law of 1972 J15 Pa. S.:973011, the under- signed, of full age, representing the owner 4f the. dgvei*opment known as RIDGE COURT TOWNHOUSES, for the pu; ose.- of= korming. anon- 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, 17051. ARTICLE III Organization. This Association is organized pursuant to the Nonprofit Corporation Law of 1972 on a non-stock basis. ARTICLE IV (2) The general purposes are: (a) To promote the .health, safety, and welfare of the residents within the above-described property and any additions there*o as may hereafter ba brought within'..the jurisdiction of this Association for this purpose; 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 Township Supervisors and recorded in the Cumberland County Recorder's Office in Plan Book 44, Page 99. 84 71 Gy_. (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 recorded 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.. 'operate, 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 appurtenant 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• 1 7. v V 1 (' () Class Class A members shall be all Owners with the' exception of the Declarant and shall be entitled to-one vote for each Got owned. When more than one Lot, all such persons shall be memberers. s3OR he vote an interest in any for shall be exercised as they among themselvesdetermine,sbut intno 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 the owner of the development known as RIDGE COURT TOWNHOUSES, an is said member shall be entitled to three and owned. When there are twelve {3) votes for each Lot l member shall-be entitled to two(2)CvotesAformeach,Loteowne . B there are twenty-four (24) Class A members, the Class B membershien shall cease and be converted to Class A membership. p ARTICLE VII shall be managed *d of Darectods; The affairs of this Association members of the Association, three (3) Directors, who need not be The number of by amendment of the Bylaws of the Association. Thes may be changed n and ad- dresses of the persons who are to act in the capacity aofsdirecto until the selection of their successors are: rs James E. Thawley Milton Bernstein, Esquire Melvin Isaacman ARTICLE VIII Litatin on ties of thismA ;sociationCshallate Activities. None of the activi- ganda, or otherwise attempting to influencehlegislation, nor shall this Association ? yin9 on of propa_ participate in, or intervene in (including thepublishing or distributing of statements) 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 on, the Association shall be subject ttostherfollowing limitatio and restrictions: ns 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 of the Internal Revenue Code of 1954 as amended. 4942 -.3 - 8471 F9? . (b) The Association _.. shall .. ._ .. ? .. .... .. self-dealing as defined in Section 4941(d) of theaInternalyRevenue Code of 1954 as amended. (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 in wr ling 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 used for appropriate public agency to be purposes similar to those for which this 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.representing sev- enty-five (75) percent or more of the voting power. IN WITNESS WHEREOF, for the purpose of forming a corpora- tion under the laws of the Commonwealth of Pennsylvania, the under- signed, the incorporator of this Association, has executed these "Articles of Incorporation this 6th day.of November, 1984. .• ? /s' Mil ton ernstw n, asgd' re For Ridge Court Aasoeates Partnership rncorpor'ator 3207 ,North 'Front Street p• 0. Box 902 Harrisburg,. PA 17108 - 4 - A.. a.s.u.IULL r / ? t DECLARATION KNOW ALL MEN BY THESE PRESENTS, that MELVIN K. 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--K''- A . 1 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 condition's, 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: htf ?. `' +?' •r R?'1K 300 FACE M a :? J.. 4 . lU . 1U11 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 II 1 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. Arm ,inn P.Ars st: ?, 1.y.cv.lUcc 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, r.? 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 , l,y.Lb.lULL i 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 a-IIY %nn PAC- U5 J from date hereof, but to no other land of the party hereto unless hereafter expressly so declared by it. ? ? X- /e'io? e CIS_- IN WITNESS WHEREOF, the undersigned set their hands and seals this day *of 176!1Qlr7.& 1984. Melvin K. Isaacman Harold G. Le enson Thomas R. Rollason, II I boa ? i ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) On this the day of 19; _??? • , ..? , / before me, the undersigned officer, personally appears Harold G. Leibenson, 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. 10DY k icIC =? My Cammisslon Exptrss My 6. 1988 ' Harnsburg. PA Dauphin caunty ' .?i • = ?• ' COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) J< On this the day of before me, the undersigned officer, personally appeared-Zames 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. 1 tar u 1 "c = r. _ • lIOOY A,11F ?FIL 11 C'tARY PUBLIC ay commissionnEW4O ;, • • . - m ulsCurt. PA 1kk is 1§88 14UDA14 . nnn Lea n ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF DAUPHIN ) On this the day of G rt /n A , 19 ? before me, the undersigned officer, personally appeared Melvin K. Issacman, known to me (or satisfactorily proven) to be. the person whose name Js subscribed to`the -within Agreement and acknowledged that he executed the same for the purposes therein contained. **tir*t?r****** COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) lotarly Public My Com wion -xpirat July 6. 1588. ~ Harrisburg, PA Dauphin County •?' ?• ss. On this the day of A/tlg, before me., 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. oar Public: = A :sal. N •i;Ai ` ...•,?'??; -;•, Ivenia. I M Coamisslon Expires ?'? •••' State of Rnsy y July G. iaet _• •• County (&CumtseHI -P-S: - Harrisburg, PA Dauphin County.."...,.:..: peoorded 1A the office for tHe,r4oordiM of DMds . atc•. in ip¢.f Cumbarland C46W# Pa. , In -= 8 -0 Vol. ` -1= . pps ' ?yiandrndseat of office, at . SIP 4. day iyarli&, Pa. this T_• ` _` 1 ti ti J .•20.,.. tA-b Recorder i r• FIRST AMENDMENT TO DECLARATION FOR RIDGE COURT TOWNHOUSES, A PLANNED COMMUNITY THIS FIRST AMENDMENT TO DECLARATION ("First Amendment'), made this _ _ day of 0&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, et sea. (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 the Building 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 L By: Marilyn Br n, President 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No. Muu-ub-a-w MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Frank Carmelo Petroccitto 1102 Ridge Dr Mechanicsburg, PA 17055 A3 Disorder Conduct Obscene A Summary Trial was previously scheduled on April 5, 2011 / 10:45 held onlat: Date: Wednesday, July 6, 2011 1 Place: Time: 11:45 AM ontinuance requested by Frank Carmelo Petroccitto ,-ason: Other imments: 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 tt notify your attorney ancVor witnesses of this trial date/time. Failure to appear for your trial shall constitute consent to trial in shall be forfeited and applied toward the fines and costs. You shall 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 April 05, 2011 Date it you are disabled and require a reasonable aecornnrodation t please contact the Magistertal District Court at the above address MDJS 308 Rescheduling Notice Commonwealth of Pennsylvania V. Frank Carmelo Petroccitto Docket No. MJ-09305-NT-0000571-2010 Case Filed 12=010 Comp kit #: P 8488432-1 in the above-captioned case. It has been rescheduled to be Magisterial District Court 09-3-05 507 North York Street Mechanicsburg, PA 17055 717-766.4575 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. District Judge Mark Martin gain access to the Magisterial District Court and its services, r telephone number. We are unable to PrOW& transportation. rnncem vwVW'LV U SPS - Certified Mail [l1WTEDSTATES POSTdL SERVICE, Home I AN Products & Services I karamnca & Extra Services I Domestic Extra Services I Cer irled Moil Certified Mail Get a i-nailing receipt End online access to the delivery status- With Carded Maia" you an be sure year arttdk arrived at dasaruion Track 8 Confirm - --- wilh access io arise deWery in0 atton VAim you use Corned Alai, you receive a receipt slentpad twit the dale of arafiri. A unique ar0 ' number Gat fre dale, rote, and ZIP Coder' of eases you b ver7y dsivery aairre As an th addiwui segaly faaYre, e ymwr eivmy ovine. FE 411 N sigmas is oblairad at the time of deivetyand a reoowd is nwir"ned by the PO A OW AM-. s ! r For an addilioruW fie regnrst a copy of the apnrbre rsearuf before or M or delivery wrlh ReUan Recerot Learn about debded Features and Pnoes for Catiied Mai. 1 ? t?pbon ?C.elt?d kwi> ROillfn Receipt arld Re?skbd tldlvery akO avalable^ 1 ! 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Domestic Mai Manual A Customer's Guide to Maiirw Read our Cuslonmes Guide to Maine wWiin the U.S. CopOPW 2011 USPS. Ali RigW Reserved. Page l of 1 hllp:"www-usps-com/send/waystowa&aaiVexftservices/certifiedmailservice.htm 7/16/2011 Check Images ETRO BANK $erviny Cmiral Put.u)bYly fllf-4 .g33. 9370004 Page I of I Check Images Account: 50 PLUS CHECKING ('7223)1 Check Number. 14061 Date Posted: 41152011 Amount: $435.00 Zoom in 14 Zoom Out i Print 1406 jMMWL,jMMLL 04"M iiscHriecieum PA 170" e twr,o,t+t q ?... Of 0OUMM BANK ?` Si 322?22 3 06 1 1:0 3 L 30 La 69: T 1 7j . C` a w 3 TeftkM Support SOD-2D40541 Ca W#ot 0200® Metro Bank OMm Bw*wq;. Member FDIC AN R#ft Reserved - Metro Bank a a whoa o? sutnid-wry or Metro Owimp, W- end Is mt atliaiad with Metro Bank Ltd. Chet Bn'fain https://online.mymetrobank..com/htmVaf(5009V4SgRRYxRKhhNgO)lAccountsICheckIm... 4/16/2011 I am in receipt of check number 1406 for dues owed by Jane Titzell for her property located at 1104 Ridge Drive, Mechanicsburg, Pa. 17055. The remuneration is for all dues through June 30,2011. I certify that I am an active officer serving for RCHA. ? -, 7- /1 ) 11? " OFFIC GNATURE W ag ? p? 7,00?p,LTH OF PENNSyL VA 4'L'a'?A- C'0 0 COUNTY OF CUMBERLAND MONROE TOWNSHIP MARK W. MARTIN OFFICE: LIPPER AI.l.rN TOWNSHIP TEL 717-766-4575 MECHANICSBURG BOROUGH DISTRICT JUDGE FAX 717-766-2235 Magisterial District 09-3-05 507 N. York St. Mechanicsburg, PA 17055 IMPORTANT INFORMATION As a courtesy of this Cuurt, the following information is enclosed with your copy of the Civil Complaint. It is provided as a means of giving you some additional information concerning this proceeding. TO THE DEFENDANT: If you agree with the information on this complaint, and you choose NOT to appear at this hearing, a judgment in the stated amount will be entered against you (in addition to court filing fees)- You must settle directly with the Plaintiff If you wish to contest the action, and wish to appear at this hearing to present a defense, you MUST NOTIFY THIS OFFICE IMMEDIATELY of you intention to defend. If you do not notify this court of your intention, the Plaintiff is not obligated to be present- If you appear in this court AND HAVE NOT GIVEN PROPER NOTIFICATION, the hearing will either be rescheduled or a judgment may be entered against you. YOU HAVE THE RIGHT TO APPEAL ANY DECISION OF THIS COURT WITHIN THIRTY (30) DAYS OF THE JUDGMENT DATE. TO THE PLAINTIFF: You are NOT required to appear for the trial UNLESS YOU HAVE BEEN NOTIFIED BY THIS COURT THAT THE DEFENDANT WISHES TO DEFEND AGAINST THIS ACTION. (This will be done by mail)- If the defendant files a -NOTICE OF INTENT TO DEFEND" with this court, the court will notify you of the same. You will then be required to appear at the scheduled/rescheduled time to present your testimony, along with any witnesses and evidence in the case. YOU HAVE THE RIGHT TO APPEAL ANY DECISION OF THIS COURT WITHIN THIRTY (30) DAYS OF THE JUDGMENT DATE. 31-MAR-2011 THU 22:43 MDJ MARTIN 9M GoMMONWEALTH OF PENNSYLVANIA COU,N7y PF- £um"ertand --° - - 09-3-05 ?m.i?+?,+?: row Mark W_ Marfin 507 N. York Si. McGhanicsbUrg, PA 17055 -Foam: (79 y)766-4575 rAA ryo. 11i(UU(ruv , --- CIVIL COMPLAINT PLAtNTW: ?+Nec m+ ADDWM ,,,,_,t //0/ ?c q? S?f J bEFEl1t]ANT: eweand 9ME55 r - - 1DOCkat No.: ' Daft Ftcd: a V AMOUNT BATE PAID ? 1 fit/ j FJUNG COSTS l POSTAGE ??- -$ERVWF- C05TS S -?--- ' I C *JSTABLE ED_ s i TOTAL S Pa.pf? those costs recoverable by the PrevB n9 P?Y- .E_I??-.?_ NO. 206 S2t5 for , costs TO TsE DEFE.NDwr; The ailaove narxwd. pWitif -s) asks judgment agaarst Ym e?'Ca together latitir oa -' stmt e or penance viol with upon the following'Gaim {c evil fines must include citation of the UnImlD '}oa+FDN1AM 1?J?5 r verify that the 6Cts get forth in this coMpIgint are true and correct W tht I, is made subject to the Penalises of Section 49D4 of the Grime: u of my kncrwledgt=, infor*r+atian, and Ixiref This !MUt 49ent ?/? /1 Code (1$ PfL O-s- § 4904) roUned tD unsworn iatai}ecaion to authorities ?• I 1 /I A A /; n n/ pWntlff s; atton>BY• Address: fNepe: ! • - - - IF YOU INTEND TO ENTER EA DEFENSE TO R YOU MUST API P"It ATT E HEARING AND PRESENT YOUR D FEftSE. UNLESS YOU Dt NUMB ABOVE TEL-T= JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. if you a . nst the plainftff Which is within MagiSter'tl3l &-trict jUdge jurisdiction and which you itnteen nd .to have ass .e Grt at aiat the egos hearing, you must file it on a mt 10FM Bt WS ?Ce at least ftve t6) days compla• . before the date set for the hearing- If you are disabled and require a reasonable accommodation W gain access District Court and its services, Pies-Se ?8`?tact the Magisterial District Court at the above address or telephone riu. tuber. We are unable to provide transportation. AQPC908A os 'APR 0 +? ?O i l ? 2 LL r, W in C3 Y A C7 a MN h j[acA I rtj -? ni O 0 G a r-I fU m G ?.? O r- h Q 0 1^' iL--. VJ L a Ir rU a a .A N ru 0 0 C3 r-q co N co O N CL r 2 O N 12 AL---;Nf pn ffi oy') aAle6t Jane Titzell 1104 Ridge Drive Mechanicsburg, Pa. 17055 (717) 795-9662 +f RAVELORP aeAOL.COM Jane Titzell , Plaintiff, V. Ridge Court Homeowners Association..... Defendant. r FILED-OFFICE 1? ,,, 2011 JUL 22 AN 10: 23 CUMBERLAND COUNTY PENNS yLVA NIA et al pro se IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-5439 (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. 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, C?? Yl ane Titzell Page 11 of 13 Jane Titzell 1104Ridge Drive Mechanicsburg, Pa. 17055 (717) 795-9662 1'itzeii aol. COM OF THEW ROTNONOTAR 2011 JUL 22 AM 10: 22 CUMBERLAND COUNTY" PENNSYLVANIA et al pro se JANE TITZELL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 11-5439 (Civil Term) Ridge Court Homeowners Association..... Defendant. 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 Pa. Rule/ law 1023.1 Q the following is applicable: • My dues were paid in full 11 days prior to the hearing against me. This is clear and without question, that this is a matter of retaliation and malice, • 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, Page 12 of 13 • 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, • 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 once and for all. 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. Jane 1, et al pro se Page 13 of 13 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 Defendant JANE TITZELL, Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant NOTICE TO PLEAD TO: Jane Titzell 11042 Ridge Road Mechanicsburg, PA 17055 NO. 11-5439 CIVIL ACTION AND NOW, this 11,-A- 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By yaa(' ark C. Du Attorneys for D fendant 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 Defendant JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant NO. 11-5439 c h? f CIVIL ACTION a; 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 Plaintiff's Complaint: DEMURRER TO COUNT II TO 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 Pennsylvania. DEMURRER TO COUNT III MALICE 2. The body of Plaintiff's 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, STEWAR & WEIDNER By: Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant :454680 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 11, day of August, 2011, addressed to the following: Jane Tiizell 1104 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DU FIE, STEWART & WEIDNER By: "'I/C 0 Mark C. Du 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 JANE TITZELL, Plaintiff ED-0 F Attorneys for Defendant 1::11 AH 16 PH 3. tJMBERLAND LaJ;°a 'i PENNSYL4'AI"tl ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5439 V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant CIVIL ACTION ANSWER TO PLAINTIFF'S MOTION TO DISMISS OR IN THE ALTERNATIVE SUMMARY JUDGMENT AND NOW, this 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: Mark C. Duffie Richard W. Stewart 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant :454661 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 .IJ& day of August, 2011, addressed to the following: Jane Titzell 1104 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER B Mark C. Duffie Richard W. Stewart i`ILED-OFi iC': E T'{E PRDTHnN611 ,': R Jane Titzell 1104 Ridge Drive Mechanicsburg, Pa. 17055 (717) 795-9662 Titzell&aol.com 2011 AUG 17 PM 3: 23 CUMBERLAND GOUNT*' PENNSYLVANIA et al pro se Jane Titzell, IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA V. NO. 11-5439 (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 Jane itz 1, et all pro se CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 have served a true and accurate copy of the forgoing Answers to Defendants Preliminary Objections to Plaintiff's Complaint by depositing a copy of the same in the United States Mail at Mechanicsburg, Pa. 17055, with first class postage on the 17th. of August, 2011 addressed to the following: Johnson, Duffle, Stewart & Weidner C/O Mark Duffie 301 Market Street P.O. Box 109 Lemoyne, Pa. 17043-109 Jane tip)ell Plaintiff, , et al pro se Page 2 of 2 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 Defendant JANE TITZELL, V. Plaintiff RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5439 - CIVIL ACTIC c rn -rr- .N4D N o° r..? --4ca ? p C o ORDER 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. Distribution: ? Mark C. Duffie OOP l? Jane Titzell S?o23? By the Court: 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 -5439 CIVIL TERM ORDER OF COURT day of August, 2011, upon consideration of the AND NOW, this motions filed by the above-captioned Plaintiffs, the court directs that these matters be consolidated. By the Court, F k P t itt C) Albert H. Masland, J. c N-3 C:4 e rocc o ran 1102 Ridge Drive rnco xxrn = Mechanicsburg, PA 17055 ? Jane Titzell 1 Rid D i ve 1 04 ge r 'I ( CA) Mechanicsburg, PA 17055 $f ,?,' pQ? C ; Mark C. Duffie, Esquire For Defendant :saa C,41A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) < TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Jane Titzell vs. Ridge Court Homeowners Association (List the within matter fortthWpe4'= ---------------------------------- crj c7 No. 11-5439 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 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 Print your name Defendant Date: August 30, 2011 Attorney for Cti , , CD 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: Jane Titzell 1904 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie Richard W. Stew jFILE- D iifiFe1 tom-. 2011 DEC 19 P1' 3: ?a JOHNSON, DUFFIE, STEWART & WEIDN By: Mark C. DuffleMMBERLAtiD COJi? `;' I.D. No. 75906 PERdPlSYLVaI,1I 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 JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, Defendant 11-5439 CIVIL TERM DEFENDANT'S MOTION FOR EXTENSION OF TIME TO Pi-EAD 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 Plaintiff's 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 Plaintiff's 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, SyF&AV & WEIDNER By: Date: December 19, 2011 :473534 Mark. Duffie, Esqu Attorney I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Ridge Court Homeowners Association 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Extension of Time to Piead 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. Duffle 4 FRANK PETROCCITTO, Plaintiff, Ridge Court Homeowner; Jane Titzell, Plaintiff, V. Ridge Court Homeowner. Defer t -c A4 ' IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PA NO. 'fV (Civil Term) , Association..... Cl) N ev Z c? s A- 4 c> cs C)-n oz; TO AND NOW, comes Plaii to Defendants Motion for IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 11-5436 C") V. -Dig M.I. Association..... r? Defendant. 0 1. The Plaintiffs fi 2. The defendant 2011. 3. Oral Arguments for Defendants 1 4. The Defendant: based on new c 5. Plaintiffs aver tl members and c case. 6. Plaintiff's also a answering as rE 7. Defendants alp and Plaintiffs 1 November 14,: Frank Petroccitto and Jane Titzell, and files and objection ision to Plead. 1 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 fficers and board members. iat the entire complaint is based on the previous board 'facers and aver that the new committees are irrelevant to this rer that the Defendants continue these stall tactics to avoid juired by law. o failed to answer Plaintiffs first set of Interrogatories rst set of demand for documents which was filed on 011. Therefore, the Plaintiffs respectfully request that this Honorable court deny the Defendants Motion for a41n tension as there has been plenty of time since the original filing on July 21, 2011 ore than sufficient and new officers are not the subject of the complaint as dues have faithfully paid since the magisterial court's decision. The plaintiff's also reque that the appeal be dismissed and Plaintiffs complaint be awarded in the amount o $2,00.00 plus costs and fees which the court deems just. Face value. WHEREFORE, the Plaintiffs, Frank Petroccitto and Jane Tiitzell, respectfully request this Honorable Court Den the additional 10 days to answer the Plaintiff's Complaint. Re pectf 11y bmitte FRANK PETROCCITTO 1102 Ridge Drive Mechanicsburg, Pa. 17055 J TITZELL 1104 Ridge Drive Mechanicsburg, Pa. 17055 Dated: December, 21,201 FcP/ JmT CERTIFICATE OF SERVICE I, Frank Petroccitt and Jane Titzell, do hereby certify that on this day of December, 2011, 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 Lemovne. Pa. 17JK3-0109 By: Frank Petroccitto apd Jaritzeli 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff -??d V, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie I.D. No. 75906 mcd@jdsw.com 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 G'P rHE Pr OTHONOTAR Y 1711 DEC 30 PM 1: %1 2 CUMBERLAND Cr%U,VTY PENNSYLVANIA Attorneys for Defendant: JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, 11-5439 CIVIL TERM Defendant NOTICE TO PLEAD AND NOW, this 301h 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 l F? BY: Mark C. Duffie Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie I.D. No. 75906 mcd@jdsw.com 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant: JANE TITZELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. RIDGE COURT HOMEOWNERS ASSOCIATION, 11-5439 CIVIL TERM Defendant 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 and New Matter: 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. 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. 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 her property and other properties on his side of the street. It is denied in that the Defendant elected to do this voluntarily. Plaintiff's neighbor, Frank Petroccitto informed the Defendant and the lawn care service he would take care of Plaintiff's lawn. The lawn care was available for the Plaintiff's unit. 10. Admitted in part and denied in part. It is admitted that the Defendant took it upon herself 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 Plaintiff paid her dues on April 7, 2011 and was then served by the constable on or after April 18, 2011. It is further admitted that the case was heard in June 2011. It is denied in that the dues were not paid in full. Plaintiff failed to pay late fees and penalties. 12. Admitted in part and denied in part.. It is admitted that Plaintiff delivered a check to Defendant for $13.75 which was received by Defendant. The check has not been negotiated. The balance of the averments in paragraph 12 are denied. 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. 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 Plaintiffs neighbor 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 her 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. Denied. It is denied that Plaintiff is being harassed because of a personal vendetta by Ms. Breen. 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. 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. Mr. Petroccitto 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, Mr. Petroccittohad 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 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. 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. Mark C. Duffie, Esquire :474841 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. J ark C. uffie Date: r„'d , 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 : Jane Titzell 1104 Ridge Drive Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER C? i BY: Mark C. Duffie FRANK PETROCCITTO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA No.: 11-5436 (Civil Term) V. Ridge Court Homeowners Association..... Defendant. Jane Titzell, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA NO. 11-5439 ? (Civil Term) V. Ridge Court Homeowners Association..... 11? Cl Defendant c w -n N Xrn Z 7v I` 'c} tn Z ? PLAINTIFF'S ANSWERS TO NEW MATTER °' --4C' 34. Agreed =) 35. Agreed ° - ' 36. Agreed 37. Agreed 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. ?Z Frank Pe roccitto 4 ? 4A?-q l /r, 1 -;--- Jane Titzell 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 Plaintiffs 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 Duffle 301 Market Street Lemoyne, Pa. 17043-0109 By: a Frank Petroccitto / Jaku? Titzell 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiffs FRANK C. PETROCCITTO, PLAINTIFF V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT JANE TITZELL, PLAINTIFF V. RIDGE COURT HOMEOWNERS ASSOCIATION, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-5436 CIVIL TERM ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-5439 CIVIL TERM v1 ORDER OF COURT 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, /Frank Petroccitto 1102 Ridge Drive Mechanicsburg, PA 17055 V Jane Titzell 1104 Ridge Drive Mechanicsburg, PA 17055 Mark C. Duffie, Esquire For Defendant eon,;e5m led ??t Albert H. Masland, J. saa 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 CIVIL ACTION n G N C_` y.. te t?i 37 r - IN THE COURT OF COMMON LEA'S O CUMBERLAND COUNTY, PENNSYLVA NIA 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 Plaintiff's 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 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 3rd day of April, 2011, addressed to the following: Frank C. Petroccifto Jane Titzell 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEW T & WEIDNER By: ,444-44V Mark C. Duffie - ' 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 -, Mark C. Duffie, Esquire For Defendant t t,,s' rr>? i ?? {s7 Maslan J Albert H , . . ; cn - -- Ci rte:. saa 31 FRANK PETROCCITTO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, No.: 11-5436 V. Ridge Court Homeowners Association..... Defendant. Jane Titzell, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. Ridge Court Homeowners Association..... Defendant 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 recwded 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 Plaintiffs 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 & JANE TITZELL r Date: June 04,2012 CERTIFICATE OF SERVICE I, 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, a. 17043-0109 - ; /?"-'-O' - By: Ila k" rank Petroccitto/ a itzell 1102 Ridge Drive Mechanicsburg, PA 17055 (717) 766-5130 Plaintiff Date: June 4.2012 1 Y 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, Attorneys for Defendanfi r _ wj :7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5436 CIVIL ACTION Defendant JANE TITZELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5439 V. RIDGE COURT HOMEOWNERS ASSOCIATION, CIVIL ACTION 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: 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. t 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 G 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 1 Plaintiffs" Motion by depositing a copy of Pennsylvania, with first-class postage prepaid following: -ue and correct copy of the foregoing Answer to same in the United States Mail at Lemoyne, on the )V*- day of June, 2012, addressed to the Frank C. Petroccitto Jane TitzeH 1102 Ridge Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, S By. ark C. Duffie WEIDNER -' THE PROTHONpT;4 `. 2012 JUL 12 AN 11: 10 'U'19 W4LAND COUNTY PESYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY ( List the within matter forj the next argument court.) CAPTION OF CASE 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. : (Civil Term) V Ridge Court Homeowners Association..... Defendant 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 Mechanicsburg, Pa. 17055 (name and address) b.) For Defendant Mark Duffie 301 Market Street Lemoyne, Pa. 17043-0109 (name and 3. 1 will notify all parties within two days that this case has been listed for arg YCLA.<? Frank Petrocci o/ lane Titzell 1102 Ridge Drive Mechanicsburg, Pa. 17055