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Home My WebLink About12-7512 t) C r.s ~` ~ ~~ ~ M ~m ~~ c~ ~ a ~ I~ ,~ ~ c1 IN THE COURT OF COMMON PLEAS ~.-~ z~ -~c~ OF CUMBERLAND COUNTY, PENNSYLVANIA ~„~ ;- ~!~~ ~ ~ a " ~ ARMITAGE SQUARE Cl ~ ~ HOMEOWNERS' ASSOCIATION, NO.: I a • 7 SI o~ Plaintiff, ~. CIVIL ACTION -EQUITY MARY RAUDABAUGH, JURY TRIAL REQUESTED Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 ~ ~ Q ~$u 3~~ ~-~k I KOPE & ASSOCIATES, LLC Shane B. Kope, Esquire Attorney I.D. 92207 395 Saint Johns Church Road Camp Hill, PA 17011 717-761-7573 sbkopeQkopelaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARMITAGE SQUARE HOMEOWNERS' ASSOCIATION, Plaintiff, v. MARY RAUDABAUGH, Defendant. NO.. CIVIL ACTION -EQUITY JURY TRIAL REQUESTED COMPLAINT AND NOW comes the Plaintiff, Armitage Square Homeowners' Association and files this Complaint and in support thereof, avers the following: INTRODUCTION 1. This is a civil action in equity brought by the Plaintiff, Armitage Square Homeowners' Association (the "Association") against the Defendant, Mary Raudabaugh, for declaratory and injunctive relief for her misuse and interference with the easement deeded and described in the Planned Community Declaration for Armitage Square duly recorded in the Cumberland County Recorder of Deeds on December 10, 2004, at Book 713, Page 3375 et seq. PARTIES 2. Plaintiff is the Unit Owners Association for the Planned Community of Armitage Square located in Hampden Township, Cumberland County, Pennsylvania, and known as the Armitage Square Homeowners' Association, a Pennsylvania non- profit corporation. 3. Defendant Mary Raudabaugh is an adult individual residing in the Planned Community of Armitage Square at 4290 Roth Farm Village Circle, Mechanicsburg, Pennsylvania, 17050. JURISDICTION AND VENUE 4. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter jurisdiction of this Honorable Court. 5. Venue is proper in the Court of Common Pleas of Cumberland County under Rule 1006(a)(2) of the Pennsylvania Rules of Civil Procedure, in that the property or a part of the property which is the subject matter of this action is located in Cumberland County and equitable relief is sought with respect to the property. FACTS 6. The Planned Community of Armitage Square is subject to a Planned Community Declaration (the "Declaration"), filed and recorded with the Cumberland County Recorder of Deeds at Book 713, Page 3375 et. seq., pursuant to the provisions of Section 5102(a)(2) of the Uniform Planned Community Act, 68 Pa. C. S. ~5102(a)(2) (the "Act"), which is attached hereto and made a part hereof as "Exhibit A." 7. The property of the Planned Community of Armitage Square (the "Community) was submitted subject to certain easements, rights, and conditions, including an express easement for perpetual access. 8. With respect to the perpetual access easement, the Declaration provides, in pertinent part, "...all Unit Owners shall, and they do hereby grant, a perpetual easement to the other Unit Owners for ingress, egress, and regress over the front and rear yards of the Unit...". Ex. A at 5. 9. The Defendant is a Unit Owner in the Community. 10. During the course of Defendant's ownership of her property, Defendant planted, or caused to be planted, several arborvitae trees on, about, and within the area described in the Declaration as the perpetual access easement. 11. Defendant's planting of the arborvitae trees, or the causing of said planting, completely blocks, obstructs, and otherwise fully impedes the perpetual access easement such that the stated purpose of the easement cannot be achieved. 12. The unit owners are physically unable to use the perpetual access easement as the Defendant's actions have caused the easement to be blocked, obstructed, and otherwise fully impeded. 13. The neighboring unit owners are not able to use and enjoy the easement as stated in the Declaration. 14. The Association has received numerous complaints from unit owners concerning the Defendant's conduct in blocking and obstructing the perpetual access easement. 15. For the foregoing reasons, the Association seeks relief in the form of a declaration of the Defendant's non-compliance with the Declaration s express terms, as well as an order for an injunction requiring the immediate removal of the aforesaid obstructions to the easement. WHEREFORE, the Plaintiff, Armitage Square Homeowners' Association, seeks judgment in its favor and against the Defendant, together with costs and attorneys' fees, and any other relief the Court deems just and proper. Respectfully Submitted, KOPE & A~~:; ~S, LLC Dated: I Z ~ s lZt 12 By: B. KOPE, VERIFICATION We, the Executive Board of the Armitage Square Homeowners' Association, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. - ~~_ President ~; ~a~r ~ Dated:l ~ Z.z Vice-President Dated: Secre Dated: !I ~3 ~a~a Treasurer 8 all 4 KOPE & ASSOCIATES, LLC -C Shane B. Kope, Esquire Attorney I.D. 92207 20 395 Saint Johns Church Road Camp Hill, PA 17011 i' , ;9� 717-761-7573 � ° S Y L�'/!,j �; sbkope @kopelaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARMITAGE SQUARE HOMEOWNERS' ASSOCIATION, NO.: 2012-7512 CIVIL Plaintiff, V. CIVIL ACTION - EQUITY MARY RAUDABAUGH, JURY TRIAL REQUESTED Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 229 (a), please kindly discontinue the above-captioned matter without prejudice, as the two interested parties have privately reached a settlement agreement. Attached hereto as Exhibit"A", please find a copy of the Settlement Agreement in connection herewith, executed by the Defendant and representatives for Plaintiff, which is meant to satisfy Pa.R.C.P. 229 (b)(1), Defendant's written consent hereto. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: April 17, 2013 By: KO QUIRE ,Ir EXHIBIT A i .t SETTLEMENT AGREEMENT This document is meant to memorialize an agreement between the two interested parties - Armitage Square Homeowners' Association (hereafter "Association."), and Mary P.audabaugh (hereafter "Raudabaugh") regarding an easement dispute in connection with Raudabaughs property at 4290 Roth Farm Village Circle, which is located within the Planned Community of Armitage Square in Hampden Township, Cumberland County, PeiLisylvania, is governed by the Association, and s, along with all other properties located within the same, subject to the provisions of its Planvneu. Community Declaration (hereafter "Declaration"). By way of background, Raudabaugh violated the Perpetual Access Easement portion of the Declaration that grants a perpetual easement by each and every Unit Owner to each and every tither Unit Owner for ingress, egress, and regress over the front and rear yards of each Unit, by planting on causing to be planted several arborvitae trees on or about her property. After the Association initiated a civil action in the Cumberland County Court of Common Pleas seeking declaratory and injunctive relief to restore the easement, bearing civil docket number 2012-7512, Raudabaugh removed or caused to be removed one of those trees sometime in February, 2013, and removed or caused to be removed a second tree sometime in early April, 2013, which has created a six (6) foot distance for ingress, egress, and regress over her property in that area. In consideration of Raudabaugh's removal of the two (2) trees aforementioned from her propert;�, and of her promise to maintain the six (6) foot distance for ingress, egress, and regress over her property created thereby, the Association promises to discontinue the ;aforementioned civil suit against Raudabaugh, considering the dispute concluded. By signing this Agreement, Raudabaugh understands that if any action is taken by her or anyone else in the way of planting further trees, shrubs, or creating any other obstruction to minimize or negate thr, six (6) foot distance created by the removal of the two (2) aforementioned trees, the Association is then free to reinstitute the aforementioned civil suit against her where it is possible that a judgment could be levied against her ordering, among other things, the removal of any and all trees or shrubs from her property at her own expense. M r aud augh Date Richard Jehiu, President Date Armitage Sq. Homeowners' Ass. -2 ?/ Robert Elicker, II, Vice-President Date IiL-e"orbin, Secretary;Treasurer Date Armitage Sq. Homeowners' Ass. Armitage Sq. Homeo�wners` Ass. y Jose -i M. vavaz.,i, Esquire Date Witness, Attorney for Association