HomeMy WebLinkAbout13-1135~1
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Ct1M6ERLAl'~0 CGltlrfi'Y
PENNSYLVANIA
Fran Kelly Eavenson
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Fox Lea Homeowners Assoc. a/k/a Foxlea Nominee Corp. NO. I ~ '~ ~ ~ ~ ~L ~ ~ ~ 20
Defendant
Civil Term
NOTICE TO DEFEND
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 CLAIlVIED 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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-890-9108
717-249-3166
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REAGER & ADLER, P.C.
By: Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartin@ReagerAdlerPC.com
By: Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Email: TWilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON
30 Drexel Place
New Cumberland, PA 17070,
Plaintiff
v.
FOXLEA HOMEOWNERS
ASSOCIATION, INC. a/k/a FOXLEA
NOMINEE CORPORATION
81 Drexel Place
New Cumberland, PA 17070,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
No. ~~~ 1~3~ C'~-~
CIVIL ACTION -LAW
COMPLAINT
Plaintiff, Fran Kelly Eavenson ("Eavenson"), by her undersigned attorneys, brings
this Complaint against Defendant, Foxlea Homeowners Association, Inc. a/k/a Foxlea Nominee
Corporation ("Foxlea"), and in support thereof avers as follows:
PARTIES
1. Plaintiff, Eavenson is an adult individual with an address of 30 Drexel
Place, New Cumberland, Pennsylvania.
2. Defendant, Foxlea is a Pennsylvania corporation with a registered office
address of 81 Drexel Place, New Cumberland, Pennsylvania.
FACTUAL BACKGROUND
3. Eavenson is the owner of the residential property located at 30 Drexel
Place, New Cumberland, Pennsylvania (the "Property"). The Deed to the Property is recorded in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Instrument No.
200820179.
4. The Property is under and subject to the covenants, restrictions,
easements, charges, liens, terms and rights, agreements, conditions, exceptions, reservations and
exclusions as contained in a Trust Deed recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania at Deed Book K, Volume 25, Page 912 as amended by
Amendment thereto dated August 24, 1974, and duly recorded in Deed Book T, Volume 25,
page 470 and by Amendment thereto dated Apri121, 1975, and duly recorded in Deed Book A,
volume 26, Page 303 (the "Trust Deed").
5. Foxlea promulgated Operating Rules to supplement the Trust Deed.
Attached hereto and incorporated herein as Exhibit "A" is a true and correct copy of the
Operating Rules.
6. According to Section 8 of the Operating Rules, "the Association is
responsible for maintenance and repair of the sewage system on common ground,..."
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7. According to the As Built Plan of Foxlea Residential Community, which
is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Plan
Book 26, Page 50, the common ground begins twelve inches beyond the exterior of the dwelling.
It is believed and therefore averred that Sterling Property Management
("Sterling") is the property management company hired by Foxlea to maintain the property of
Foxlea and, at all time relevant to this Complaint, are the authorized agents of Foxlea.
9. On March 3, 2006, in accordance with the Operating Agreement,
Eavenson submitted a maintenance request notifying Sterling that the walkway and the ground in
front of her house and in the vicinity of a sewer line had subsided approximately two and one
half inches.
10. Sterling never followed up on Eavenson's maintenance request.
11. Foxlea never followed up on Eavenson's maintenance request.
12. On September 25, 2012, Eavenson discovered a backup in the sewer
system and sewage residue in her home and contacted Guardian Plumbing to assess the cause of
the backup.
13. Guardian Plumbing identified that the cause of the backup was located
outside of the dwelling.
14. On September 26, 2012, Eavenson contacted Louise Perrelli, Vice
President of Foxlea to report the problem and Ms. Perrelli authorized Eavenson to have Guardian
Plumbing scope the sewer line for a cost of $300.00.
15. The scope revealed two breaks in the sewer line located within common
ground; one approximately twenty four (24) feet from the house under the parking lot and one
under the lawn between the sidewalk and the house where subsidence was noted and reported in
2006.
16. Eavenson provided Foxlea and Sterling with the results of the scope so
they could take corrective action and repair the sewer line pursuant to the Operating Rules.
17. Despite its obligation to repair the sewer line, Foxlea did nothing after
being notified of the problem.
18. Between September 25, 2012 and September 29, 2012, Eavenson and her
family were living in a hotel due to the presence of sewage in the home and the lack of
functioning sewer line.
19. On September 28, 2012, Eavenson engaged Guardian Plumbing to have a
section of the sewer line replaced for a cost of $4,253.70.
20. Eavenson, through her undersigned attorneys, informed both Foxlea and
Sterling by letter dated September 28, 2012 that, pursuant to the Trust Deed, Foxlea was
responsible for maintenance repairs, and that Eavenson expected reimbursement for the cost to
scope the sewer line and the cost to replace the sewer line. A true and correct copy of the letter
is attached hereto and incorporated herein as Exhibit "B."
21. Foxlea did not respond to the September 28, 20121etter.
22. Foxlea did not dispute the cost to replace the sewer line.
23. Foxlea did not dispute that it was obligated to pay to replace the sewer
line.
24. On September 29, 2012, Marty Tornblom, President of Foxlea, on behalf
of Foxlea, watched and witnessed Guardian Plumbing install a sewer line on the common
ground.
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25. Despite being present when the work was being performed, Marty
Tornblom did not attempt to stop Guardian Plumbing from replacing the sewer line on common
ground thereby authorizing the work being done within the common ground.
26. Excavation for the sewer line also revealed a damaged and deteriorated
water meter pit.
27. The water meter pit is the property of Foxlea.
28. Marty Tornblom, President of Foxlea, on behalf of Foxlea, authorized
Guardian Plumbing to repair the water pit in conjunction with the replacement of the sewer line
for an additional cost of $350.00. A true and correct copy of the proposal signed by Marty
Tornblom is attached hereto and incorporated herein as Exhibit "C."
29. Sterling does not periodically clean out the sewer lines located on
common ground.
30. Despite its obligation to maintain the sewer lines located on common
ground, Foxlea did not periodically clean out or otherwise maintain the sewer lines located on
common ground.
31. Sterling does not periodically inspect the sewer lines located on common
ground.
32. Foxlea did not periodically inspect the sewer lines located on common
ground.
33. Foxlea was aware and had specific knowledge that sewer backup problems
have been plaguing the residents of Foxlea prior to the occurrence of damage set forth in this
Complaint.
34. In its September 2000 Community Newsletter, Foxlea reported:
5
A sewer backup problem has been plaguing the residents of Unit
#50 for the past several years. Repairs had been completed in the
past, but never seemed to rectify the situation. A contractor was
hired to place a camera in the lateral to determine the problem and
another contractor was hired to complete the repairs. To date, the
line is flowing smoothly and the problem appears to be eliminated.
See Exhibit "D" attached hereto.
35. Foxlea has admitted that it paid for the scoping of the sewer lines and the
repair cost for the residents of Unit #50.
36. It is believed and therefore averred that Foxlea has in the past replaced the
sewer line for other residences of Foxlea.
37. It is believed and therefore averred that Foxlea is currently in the process
of replacing sewer lines for other residences of Foxlea.
38. Eavenson suffered damage to her home and personal property due to
Foxlea's failure to maintain the sewer line pursuant to the Trust Deed which led to the
occurrence set forth in this Complaint.
39. Foxlea has at all times refused to reimburse Eavenson the cost to have the
sewer line investigated, the cost to have the sewer line replaced, the cost to have the water meter
pit repaired, the expenses incurred because Eavenson and her family were unable to occupy the
home when the sewer system backed up and deposited sewage into her home, and for the
damage to her home and personal property caused by Foxlea's failure to maintain the sewer line
pursuant to the Trust Deed.
40. Eavenson has suffered the following damages:
Cost to Scope Sewer Line $ 300.00
Cost to Replace Sewer Line $ 4,253.00
Cost to Repair Water Pit $ 350.00
Clean Up Expenses (Yeager Const) $ 2,409.11
Clean up Labor (22 hrs. @$10/hr.) $ 220.00
6
Other Clean Up Expenses
Cleaning Supplies $ 9.54
Laundromat $ 20.00
Damage to Personal Property $ 244.96
Hotel Expenses $ 194.41
Meal Expenses $ 52.74
Total Damages $ 8,053.76
Count I -Breach of Trust Deed
41. Eavenson incorporates herein by reference the averments of Paragraphs 1
through 40 above as if set forth fully herein.
42. Foxlea has a duty under the Trust Deed as supplemented by its Operating
Rules "for maintenance and repair of the sewage system on common ground."
43. Foxlea failed to maintain the sewage system on common ground as set
forth above which failure constitutes a breach of the Trust Deed.
44. Eavenson has suffered damages in the amount of $8,053.76 due to
Foxlea's failure and refusal to maintain and repair the sewage system on common ground.
45. All conditions precedent for the bringing of this action have occurred
and/or have been performed.
WHEREFORE, Plaintiff, Fran Eavenson, demands judgment in her favor and
against Defendant, Foxlea Homeowners Association, Inc. a/k/a Foxlea Nominee Corporation
under Count I in the amount of $8,053.76 plus interest, costs, attorney's fees and such other
relief as the Court deems appropriate.
Count II -Absolute Nuisance
In the Alternative
46. Eavenson incorporates herein by reference the averments of Paragraphs 1
through 45 above as if set.forth fully herein.
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47. In Smith v. King's Grant Condominium, 537 Pa. 51, 640 A.2d 1276
(1994), the Pennsylvania Supreme Court affirmed a plurality opinion of the Superior Court
which recognized that a condominium unit owner has a cause of action grounded in absolute
nuisance against a condominium association for damages caused by a sewer line back up.
48. "Under [the doctrine of absolute nuisance] a plaintiff need only show that
sewage from defendant's land has travelled onto plaintiff's land and that plaintiff has been
injured thereby. Negligence need not be shown, liability being absolute." Id. at 58, 1280.
49. Foxlea owns the sewer lines located on common ground.
50. Foxlea also owns the sewage contained within the sewer lines that are
located on common ground.
51. Foxlea's sewage travelled out of Foxlea's sewer line into Eavenson's
home causing damage to her home and personal property.
52. Under the doctrine of absolute nuisance Foxlea is liable to Eavenson for
the damage to her home, for the damage to her personal property, for cleanup costs, for hotel and
meal expenses during the time period when her home was uninhabitable due to the presence of
Foxlea's sewage in the home.
53. When Foxlea failed and refused to repair their sewer pipe, Eavenson was
forced to mitigate her damages and entered into a contract with Guardian Plumbing to have a
section of the sewer line replaced to prevent sewage from Foxlea's sewer lines from entering her
home and causing further damage.
54. Foxlea is liable to Eavenson for the cost to replace the sewer line.
55. All conditions precedent for the bringing of this action have occurred
and/or have been performed.
8
WHEREFORE, Plaintiff, Fran Eavenson, demands judgment in her favor and
against Defendant, Foxlea Homeowners Association, Inc. a/k/a Foxlea Nominee Corporation
under Count II in the amount of $8,053.76 plus interest, costs, attorney's fees and such other
relief as the Court deems appropriate.
Count III - Neglisence
In the Alternative
56. Eavenson incorporates herein by reference the averments of Paragraphs 1
through 55 above as if set forth fully herein.
57. The damages sustained by Eavenson were directly and proximately caused
by Foxlea's negligence, recklessness and carelessness as described herein.
58. Foxlea was negligent in failing to maintain its sewer lines in a good and
operable condition.
59. Foxlea was negligent in failing to periodically maintain and clean its
sewer lines.
60. Foxlea was negligent in failing to inspect its sewer lines.
61. Foxlea was negligent in failing to respond to Eavenson's March 3, 2006
maintenance request reporting that the walkway and the ground in front of her house over the
sewer line subsided approximately two and one half inches.
62. Foxlea knew or should have known that the subsidence was caused by a
collapsing or sinking sewer line.
63. Foxlea was negligent in failing to install aback-flow valve to stop the
flow of sewage into Eavenson's home when Foxlea knew or should have known of the potential
hazard.
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64. Foxlea had a duty to make sure that sewage from its sewage system did
not flow into Eavenson's home.
65. Foxlea, the owner and possessor of certain sewer lines, has the duty of
operation, care and upkeep, repair and maintenance of the common area and was negligent in
permitting the sewage in the sewer line to overflow into Eavenson's home after it knew or should
have known that this sewer line and other similar sewer lines were in need of repair and had in
the past plagued the residents of Foxlea.
66. Foxlea was negligent in introducing sewage into Eavenson's home where
it knew or should have known that the fetid contents could cause personal injury, serious health
issues and property damage.
67. As a direct and proximate cause of said inactions of Foxlea, Eavenson has
been damaged in the amount of $8,053.76.
68. All conditions precedent for the bringing of this action have occurred
and/or have been performed.
WHEREFORE, Plaintiff, Fran Eavenson, demands judgment in her favor and
against Defendant, Foxlea Homeowners Association, Inc. a/k/a Foxlea Nominee Corporation
under Count III in the amount of $8,053.76 plus interest, costs, attorney's fees and such other
relief as the Court deems appropriate.
Count IV - Uniust Enrichment
In the Alternative
69. Eavenson incorporates herein by reference the averments of Paragraphs 1
through 68 above as if set forth fully herein.
70. Foxlea received the value of a new sewer line at the expense of Eavenson.
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71. Eavenson hired Guazdian Plumbing with the expectation and
understanding that she would be reimbursed by Foxlea.
72. Prior to the work being performed, Eavenson informed Foxlea via letter
dated September 28, 2012 that pursuant to the Trust Deed Foxlea was responsible for repairs and
that Eavenson expected reimbursement for the cost to scope the sewer line and the cost to replace
the sewer line.
73. Foxlea did not respond to the September 28, 20121etter or dispute that it
was responsible to reimburse Eavenson.
74. Foxlea did not dispute the cost to replace the sewer line.
75. Marty Tornblom, President of Foxlea, watched and witnessed Guazdian
Plumbing install a sewer line on common ground and made no attempt to stop Guardian
Plumbing from replacing the sewer line on common ground thereby authorizing the work
performed by Guardian Plumbing.
76. Despite being present when the work was being performed, Marty
Tornblom did not attempt to stop the work in any way.
77. The amount charged by Guardian Plumbing for the work performed was
fair and reasonable. Eavenson timely paid all invoices and chazges from Guazdian Plumbing for
work performed on Foxlea's property and for Foxlea's benefit, providing substantial
unreimbursed value to Foxlea.
78. Despite demand, Foxlea has failed and refused to pay for the replacement
of the sewer line and water meter pit.
79. Foxlea has been unjustly enriched in that it has retained the benefits of a
new sewer line and water meter pit without paying for the same.
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80. It would be unjust to permit Foxlea to retain the benefits of the sewer line
and water meter pit without payment for same.
81. Unjust enrichment and injustice can only be prevented by a judgment
against Foxlea in the amount of $4,903.70.
82. All conditions precedent for the bringing of this action have occurred
and/or have been performed.
WHEREFORE, Plaintiff, Fran Eavenson, demands judgment in her favor and
against Defendant, Foxlea Homeowners Association, Inc. a/k/a Foxlea Nominee Corporation
under Count IV in the amount of $4,903.70 plus interest, costs and such other relief as the Court
deems appropriate.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: Februar 27 2013 ~ r~~ ~./~
Y
WA S. MARTIN, ESQUIRE
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
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FOXLEA HOMEOWNERS ASSOCIATION, INC.
OPERATING RULES
Revised 8/18/2011
STATEMENT OF PURPOSE
These Operating Rules for The Foxlea Homeowners Association supplement the Trust Deed; and by the
authority given to the Board of Directors, under the Trust Deed, have been adopted with the purpose of
maintaining the highest property values for the benefit of the homeowners and to create a quiet,
comfortable community for all residents. These rules are legally enforceable. Every homeowner should
become familiar with these rules and, if applicable, must provide their tenants with a copy since the
owner is legally responsible if their tenant violates any of these rules. The rules may be amended at any
time by the Board of Directors.
RESTRICTIONS OF USE: All units within Foxlea are for residential use only, and shall be used as
a single, private dwelling for the owner or for any tenant to whom the owner has leased their unit.
Units purchased after December 1, 2008 must be owner occupied at all times. Units occupied by
tenants on December 1, 2008 may continue as rental property until the unit's title/ownership changes
at which time the new owner(s) must occupy the unit.
Homeowners and their tenants are equally responsible for abiding by the rules. The homeowner is
ultimately responsible for paying any fines levied because of violations. All leases shall contain a
mandatory provision that the tenants comply with all rules. Any home business or occupation must
comply with Lower Allen Township ordinances.
2. FEES: Maintenance and improvements to the Village of Foxlea depend upon the following:
(a)Trust Fee: homeowners are charged a monthly fee for each unit, made payable to Foxlea
Homeowners Association, Inc. to provide community services such as trash removal, snow
removal, grounds maintenance, road repairs and exterior maintenance of the residential units.
SERVICES ARE PROVIDED SUBJECT TO TRUST CHARGES BEING ADEQUATE TO MEET THESE
EXPENSES. The Trust Fee is due to the current Management Company on or before the 151 of each
month. A penalty will automatically be assessed on the eleventh day of each month. If said Trust
Fee is not paid by the 18~' of the month, a fine will be assessed. Lease agreements must clearly
state that responsibility for payment of the monthly Trust Fee is the responsibility of the unit
owner.
(b) Initiation Fee: is paid by the buyer at time of closing in the purchase of a unit. It must be
disclosed to the seller's agent and prospective buyer at time of offer. Amount is determined by the
board within limits of Uniform Planned Community Act and is deposited into the Capital Reserve
Fund to finance capital improvements to buildings and grounds.
(c) Budeet: An operating budget reflecting anticipated revenues and expenditures is adopted each
year at the annual homeowners meeting in December. The board, at its discretion, may declare
emergency expenditures and can impose a special assessment to cover costs.
3. INSURANCE: Each homeowner is required to have Guaranteed Replacement Cost Insurance on their
property to cover damage from fire or other catastrophes. This insurance must be adequate to repair,
rebuild or replace with new materials of like size, kind and quality as such property had been prior to its
damage or destruction. In addition, each homeowner's policy must carry an inflation rider. The
homeowner will be responsible for paying any deductible amount required by their policy. In the case of
rental units the homeowner is required to maintain a fire policy with extended peril coverage, an inflation
rider and a VMM rider in an amount adequate to repair replace or recover the replacement cost of the
unit. THE FOXLEA HOMEOWNERS ASSOCIATION, INC. MUST BE NAMED LOSS PAYEE
OR SECOND MORTGAGEE ON THE INSURANCE POLICY.
Each homeowner is required to annually supply an updated copy of the declaration page to the
Association at 81 Drexel Place. Homeowners failing to file the declaration page with the Association
by the due date will be notified that they are in violation of the rules and subject to fines as stated in
"Enforcement of Rules". If, after notification, the Association is not furnished with evidence of
insurance within the time allotted, the Board reserves the right to purchase said insurance and to
assess the homeowner for the cost of the insurance policy.
4 .AESTHETICS: Without limiting any other term, condition, or paragraph herein, the Board shall
be deemed to be the final judge of all aesthetic matters and shall act in its sole discretion without any
liability to any homeowner or tenant. Nothing herein contained shall be construed to permit any
homeowner or group of homeowners to build, or maintain any manner or thing upon, over or under
the common grounds or the exterior of any unit without the express permission of the Board. No
homeowner is permitted to place trash, garbage, construction materials of any kind on or about the
exterior of any unit, or to burn, chop or cut anything on, over or under the common grounds.
No resident will place any banner, pennants, flashing lights, wires, clothing or any other unsightly
objects beyond the exterior wall or the interior of the unit so that they are in any way visible from the
outside. Children's toys and swimming pools must be stored out of sight when not in use.
Lawn decorations must be approved by the Board and must not in any way interfere with the lawn
maintenance. The Board reserves the right to limit quantities, size and location of lawn ornaments.
American flags and other patriotic type flags may be flown as desired. Appropriate holiday
decorations may be displayed during the holiday season, but must be removed within two weeks
following the holiday. The Homeowners Association assumes no liability for the repair or
maintenance of lawn decorations, flags or holiday decorations.
After sending the appropriate notice to violators, the Board. will have the right to remove, or have
removed, any unauthorized items with any cost incurred charged directly to the homeowner.
5. NUISANCE: At no time may any homeowner, tenant or guest do anything or use anything which
creates excessive noise, smoke, odors, dust or vibrations or otherwise interferes with the rights,
comfort or convenience of any other residence. Such violations will be subject to fines as outlined
in the "Enforcement of Rules". Should enforcement extend beyond the power or safety of the
board, the injured resident should contact the Lower Allen Police Department.
6. SIGNS: Only standard real estate signs (no 4 x 4 posts) will be permitted on common ground
directly in front of a dwelling with removal within two weeks from the date of sale. These signs must
not interfere with the maintenance of the grounds or they will be removed at the expense of the
homeowner. No other signs (business, personal or political) shall be placed on the exterior of the
unit, common ground or in windows.
7. INTERIOR STRUCTURE: The interior structure of each unit is personal private property, and as
such, changes can be made at the owner's discretion, provided they meet federal, state and local codes
and do not impair the structural integrity of the building. Resulting damage to their unit or any other
unit will be the responsibility of the homeowner. Maintenance of the inside is the responsibility of
the owner.
2
8. EXTERIOR STRUCTURE: No homeowner or resident may change the outside structure of the unit
or the exterior colors in any way. No one may deface or permanently attach anything to the siding, brick
or masonry with the exception of approved house numbers. Exterior doors, storm doors, windows, storm
windows (including frames, jambs and supporting structures), outside light fixtures, lamp posts
controlled by interior switches, doorbells, outside water faucets and outside electrical outlets are the
responsibilities of the homeowners, however, replacement must be approved by the Board. Windows
and storm doors can be brown or white, and outside light fixtures can be black or brass. Homeowners may
repaint their exterior doors at their own expense by first submitting a maintenance request with a sample
of the desired color to the Management Company. The Board will review the request at its earliest
convenience and will convey a decision to the homeowner in writing. Acceptable colors are those that
the Board deems in keeping with the aesthetics of the development. The Board will be the final judge
of colors and shall act in its sole discretion without liability to any homeowner.
The exterior of the unit is the property of the unit owner. Therefore, any damage or changes resulting
from violations of the rules, negligence, accident or natural catastrophes will be the responsibility of the
homeowner and/or their insurance company. The monthly trust fee covers normal maintenance of the
exterior of the original structure as approved by the Board.
Issues dealing with the water supply system are between the Water Company and the homeowner. The
association is responsible for maintenance and repair of the sewage system on common ground which is
generally one foot beyond the exterior of the building. The fire hydrant's water supply and access are
the responsibility of the Association.
9. COMMUNICATION DEVICES: No homeowner shall erect or maintain, or allow to be erected or
maintained any communication device including, but not limited to: antennas, satellite dishes, etc.
without approval of the Board. Under no circumstances will approval be given to allow any of these
devices on common ground, the front of any building, or attached to siding, brick or masonry. A satellite
dish can be attached to the rear roof provided it is not visible from the front of the building. The dish
must be professionally installed and properly grounded. A letter must be sent to the management
company within ten days of installation stating the following: 1. date of installation, 2. by whom, 3.
location on building. The homeowner is responsible for any damage to their unit or any other unit in the
building as a result of the installation. It is the further responsibility of the owner that the unit's original
exterior condition be restored upon removal of the dish. Any dish installed without the written approval
of the Board_andlor in_noncompliance of the above will be subject to fines and possible removal of the
dish at the owner's expense.
10, LANDSCAPING: No homeowner owns any part of the common ground. The Board is responsible
for the upkeep and beautification of the common ground. However, residents are urged to accept and
share responsibility for reasonable maintenance within their ability. Residents are encouraged to add
ornamental flowers around their unit as long as they do not interfere with the mowing and lawn
maintenance. Maintenance or replacement of such ornamental flowers will be the responsibility of the
residents. The Board must approve the addition or removal of any shrubbery, bushes, or trees.
Violations will result in fines and expenses relating to removal or restoration of said items.
11. PARKING: Each unit is assigned two numbered parking spaces for use of its residents on condition
that no trust fees, fines, or assessments are outstanding. Should the unit household own more that two
vehicles, private rental agreement can be made with other residents or a contractual agreement can be
made with the Board for the rental of a guest parking space to the extent that one is available in keeping
with the common needs of all residents.
Only one vehicle is permitted in each parking space. Parking in an assigned space not your own without
owner permission is subject to a fine and towing. Penalty for a visitor violation will be charged to
visitor's host resident.
Monopolizing a guest space as determined by the board is a violation subject to fine and towing.
Some examples of monopolizing are: (a) a resident's vehicle used to "reserve" a guest space for a
visitor. Exemption is granted to a handicapped guest or delivery/service vehicle; (b) leaving your
guest's vehicle in guest pazking while you, or you and your guest will be away for more than 4 hours
in your vehicle. (c) frequent occupancy of a guest space where the pattern of the owner resembles that
of a resident. The board reserves the right of final determination.
Any vehicle determined to be inoperable, or without valid license, registration, or inspection,
will be subject to towing from Foxlea property within 24 hours of being posted.
Vehicles are not permitted on lawns, planting beds, or any paved area not designated for vehicular
pazking or travel. Double pazking is prohibited with exceptions granted for emergency, law
enforcement, trash collection, or short-term commercial delivery. Parked vehicles must not extend
over sidewalks or otherwise impede pedestrian travel or snow removal. Violation penalties or cost of
repair resulting from unlawful parking will be charged to the responsible unit owner as determined by
the board.
Prohibited from Foxlea property aze: motor homes, boats, trailers, trucks (other than pick-ups and
like-sized vans), recreational vehicles, cube vans, step vans, or any unlicensed motorized recreational
vehicles such as dirt bikes, go-carts, scooters, etc.
The board reserves the right to direct alternative parking arrangements for any vehicle whose
dimension or design causes a visual safety hazard when parked in a space normally assigned to its
owner's or resident's unit.
VIOLATIONS OF PARKING PRIVILEGES, PER VEHICLE, PER INCIDENT, MAY BE SUBJECT TO
FINES AND TOWING AT THE OWNER'S EXPENSE.
12. PET RESTRICTIONS: Household pets, such as dogs, cats, birds, fish, etc., may be kept, provided
they are not kept, bred or maintained for any commercial purpose, and provided every pet owner takes all
appropriate steps to ensure that such pet does not disturb or interfere with the rights, safety, comforts and
convenience of other residents. If there is any question as to what constitutes a permissible household
pet, the Board shall make the determination.
Each unit is permitted to have a maximum of two (2) outdoor pets. Outdoor pets aze any pets, such as
but not limited to dogs and cats, which leave the interior structure of the dwelling unit for the purpose
of recreation and/or elimination of bodily waste. Any additional outdoor pets must be approved by
the Board and will result in an additional fee of $15.00 per pet per month. Outdoor pets may be kept
under the following conditions:
A. All outdoor pets must be kept on leashes and under the control of the pet owner or handler at
all times. NO HOMEOWNER IS PERMITTED TO LET ANY OUTDOOR PET
ROAM AT LARGE.
B. All bodily discharge must immediately be picked up and disposed of by the owner or handler
C. No pet may be left unattended outside at any time, leashed or otherwise.
D. All pets must be licensed and inoculated as required by law.
E. Any violation of the leash laws should be reported to the proper animal control department.
13. TRASH COLLECTION: Collection of household trash and recyclables occurs weekly on the
designated collection day. The following rules apply:
A. To insure pickup containers must be placed at the curb no later than 6 am on collection
day and no earlier than the evening of the preceding day. They must be returned to the
rear of the unit no later than the end of the collection day. Containers must be stored
immediately behind the unit so as to not to be visible from the street or the rear window
4
view of neighboring units, nor on common ground including the buffer zone unless z
hardship variance has been granted in writing by the board.
B. All trash must be contained in rigid containers with tightly fitted lids. No bags, boxes or
loose trash are permitted outside of the container. Containers and lids must be marked
with the unit number for identification. Stickers or permanent markers may be used.
C. Each unit is entitled to use of one tote provided by the collection company, or residents
may use their own personal container. The management company should be contacted
regarding replacement of a company container. Any damage or loss of the company
container is the sole responsibility of the unit owner. If moving from Foxlea the unit
owner must leave said trash receptacle at the unit.
D. Empty and rinse recyclable containers (glass, cans, and plastic bottles) to discourage
wildlife. Newspapers must be bundled in bags or tied together. As environmental rules
change periodically, a current itemized list of permitted recyclable material is available
upon request.
E. Special arrangements may be made with the waste collection company regarding disposal
of appliances, furniture, carpet or other oversize items at a special per-item cost extended
through the association's contract. Call the management company or a board member for
details.
F. Construction or paving materials will not be collected. Law prohibits collection of
electronic equipment, tires, auto parts or fluids, and hazardous or explosive materials.
Violators will be fined without warning.
14. SAFETY: For the protection and safety of all residents, cautionary and traffic control signs have
been placed on the common grounds. The speed limit in the development is 10 mph.
Compliance with these signs is the responsibility of motor vehicle operators. Violations of the
speed limit will result in fines and potential loss of parking privileges.
No sports activities will be permitted on the roadway or the common ground. The nearby playground
is available for all activities. Bicycles must obey all traffic laws outlined in the manual of the
Commonwealth of Pennsylvania and by the Lower Allen Township traffic ordinance.
Skateboards and motorized toy scooters are strictly prohibited on Foxlea property.
No resident shall permit anything to be done or kept in their unit that could result in the cancellation
of insurance, or would be in violation of any public law, ordinance, or regulation.
Nothing shall be done in any unit that may impair the structural integrity of the building. Resulting
damage will be the responsibility of the homeowner.
Gasoline or other explosive or flammable materials must not be kept in any unit.
NO SALT (including Halite brand) may be used on porches or walkways, which could result in
damage to these areas. Only ICE MELT or a similar non-salt substance can be used to remove snow
and ice. Damage to paving or asphalt resulting from use of salt will be repaired at unit owner's
expense.
15. MISCELLANEOUS: No unlawful, immoral, improper, noxious or offensive activity may be
carried
on in any unit or any common area, nor shall anything be done which may be or may become an
annoyance or nuisance to other residents. Foul language is an offensive activity.
16. MAINTENANCE REQUESTS: maintenance requests must be made in writing and submitted
to the current Management Company using the appropriate maintenance request form which can
be obtained from the Take One box at the mailboxes. All approved requests will be prioritized
and completed as time and budget allows.
17. EXCEPTIONS: A homeowner may seek an exception and/or variance to the Operating Rules as
it relates to the individual on grounds of undo hardship or special circumstances. Request must
be made in writing and submitted to the current Management Company for review by the Board.
These requests will be reviewed and answered in a timely manner.
18. NON-RESIDENT HOMEOWNERS (Landlords): Non-resident unit owners who rent their
premises must comply with the following regulations to insure tenant compliance with Operating
Rules:
Upon completion and signing of a lease the unit owner will immediately submit to the Management
Company the following information in writing:
1. Name of tenant(s) as ibthey appear on the lease
2. Unit number and resident telephone number
3. Length and anniversary date of lease
4. Copy of the clause in lease indicating mandatory provision that tenants comply with
OPERATING RULES as required in Item #1 RESTRICTIONS OF USE.
5. Signature of named tenant(s) acknowledging receipt of OPERATING RULES.
Failure to comply within seven days of tenant occupancy will be considered a violation of the rules
with resulting fines and fees being imposed.
19. MEETINGS OF FOXLEA HOMEOWNERS ASSOCIATION: Robert's Rules of Order will be
observed. Copies of the agenda will be available for attendees. Proceedings will be taped to
insure accuracy and for convenience of Recording Secretary. During business portion of meeting
members may only ask for clarification of reports being given. Concerns or issues of members
may be raised under New Business and should be submitted to the Management Company in
writing in advance. Disrespectful, accusatory, harassing, threatening or offensive language will
not be permitted and may be cause for expulsion from the meeting in accordance with Chapter
20, Section 60 of Robert's Rules of Order
Any Foxlea Association member (unit owner, resident, landlord or tenant) may attend any board meeting
under the following guidelines:
1. Notice must be made to the president 48 hours in advance to allow the host to provide
seating. Non-board members will receive a copy of the agenda, and pertinent financial
statements with balances. Attendees may not participate in board deliberations.
2. Should an Association member wish to bring an issue before the board it must be submitted
in writing to the president or Management Company at least 48 hours in advance of the
meeting so that it can be placed on the agenda under new business. Should petitioner wish to
make a statement prior to discussion he or she will be given three (3) minutes to speak.
3. Sensitive matters addressing exceptions or variances to the Operating Rules on grounds of
undue hardship or special circumstances under Section 17 will be discussed following
adjournment of the board meeting when the board will reconvene in executive session with
only the board and concerned individuals in attendance per Robert's Rules of Order.
This policy is consistent with all business and government meetings where elected bodies carry out the
fiduciary responsibilities vested in them by adopted rules of governance.
20. SUGGESTIONS AND COMPLAINTS: Suggestions for improvement or enhancement of the
rules and/or operation of the Association and our development can be made in writing to the
Management Company or to a board member.
Any homeowner/tenant observing a violation of any of the Operating Rules should contact the
property Management Company and provide the following information for the record:
1. Your name
2. Name and unit # of the violating party
3. The rule violated
4. The nature of the violation
5. The date and time of the violation Identity of person reporting will be protected.
Unsigned suggestions, complaints, or reports will not be acted upon.
ENFORCEMENT OF RULES
The process that will be used for notifying violators is as follows and will be done in a timely fashion:
First violation
A letter of warning will be sent to the owner of the unit in violation (copy to tenant if applicable}
stating the rule that has been violated and that positive action must be taken to stop the violation or
repair any damages, within 24 hours, or as otherwise stipulated in the notice.
Second violation
A second violation constitutes a continuance of, or a recurrence of the first violation. A letter will be
sent by certified mail, return receipt requested, to the owner of the unit (copy to tenant if applicable)
in violation, stating the rule that has been violated. A fine of $50.00 plus any administration fees and
damages will be assessed against the homeowner.
All assessed fines and administration fees and damages must be received by the Management
Company within 10 days of the receipt of the certified letter or as otherwise stipulated in the letter. A
late fee of 10% will automatically be charged after the 10`b day. Failure to pick up the certified letter
within 10 days will result in further violation and fine.
Continued violations and/or failure to pay will result in the loss of parking privileges and/or
other remedies provided in the Trust Deed, and may result in legal action as deemed necessary
by the Board.
POLICY AND AMPLIFICATION ON LATE TRUST FEES
The Trust Fee is due on the 1St of each month. On the l ltb day of the month an unpaid trust fee is
deemed late and a penalty of 10% will automatically be assessed. Along with the penalty, a first
violation notice will be sent to the homeowner giving seven (7) days to pay the balance in full.
If the balance is not paid in full by the 18~' day of the month a second violation notice will be sent by
certified mail, return receipt requested, adding the fine of $50.00 plus any administration fees and
damages to be assessed against the homeowner.
If the Trust Fee, late penalty, and fines are not paid by the 25a' day of the month the
Homeowner /occupants will lose all parking privileges and their vehicles will be posted for
towing.
Continued violations and/or failure to pay will result in remedies provided in the Trost Deed, and may
result in legal action as deemed necessary by the Board.
7
~~~
ATTORNEYS AND COUNSELORS A T L A W
September 28, 2012
VIA EMAIL and U. S. MAIL
Theodore A. Adler* John P. Neblett**
David W. Reager Susan H. Confair
Linus E. Fenicle Wayne S. Martin, P.E"**
Thomas O. Williams Jay C. Whittle****
`Certified Civil Trial Specialist
"Certified in Consumer Bankruptcy
`*`Licensed to Practice in N.J.
""Ot Counsel
Writer's Email Address:
WMartinf~ReagerAdlerPC.com
VIA FACSIMILE and U. S. MAIL
Marty Tornblom, President Andrew LaPorte
Foxlea Homeowners Association, Inc. Sterling Property Management, Inc.
64 Drexel Pl. 337 Lincoln Street
New Cumberland, PA 17070 Carlisle, PA 17013
mrtfoxlea@aol.com 717-258-5805 (fax)
Re: Fran Eavenson
30 Drexel Pl., New Cumberland, PA 17070
Dear Mr. Tornblom and Mr. LaPorte:
Please be advised that this law firm represents Fran Eavenson. As you know, on
Tuesday, September 25, 2012, Ms. Eavenson discovered aback-up in the sewer system and
sewage residue in her home. She immediately contacted Guardian Plumbing to assess the cause
of the back-up. On Wednesday, September 26, 2012, Ms. Eavenson contacted Louise Perrelli,
Vice President of Foxlea Homeowners Association, Inc., to report the problem and Ms. Perrelli
authorized Ms. Eavenson to have Guardian Plumbing scope the sewer line for a cost of $300.00.
The scope revealed two breaks in the line, one twenty four feet from the house under the
parking lot and one break under the lawn between the sidewalk and the house. Pursuant to
Section 8 of the Operating Rules of Foxlea Homeowners Association, Inc., "The Association is
responsible for maintenance and repair of the sewage system on common ground." According to
the As Built Plan of Foxlea Residential Community, which is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania at Plan Box 26, Page 50, the common
ground begins twelve inches beyond the exterior of the dwelling. Therefore, the Association is
responsible for the maintenance and repair of this line.
Despite its obligation to maintain and repair this sewer line, the Association has done
nothing since being notified of the problem (other than authorize the scope of the sewer line).
Ms. Eavenson's home is uninhabitable and she and her husband have been living at a hotel and
will continue to do so until the sewer line is repaired. Given the urgency of the situation and the
Association's refusal to repair its sewer line, Ms. Eavenson is entering into a contract today with
Guardian Plumbing to have a section of the sewer line replaced at a cost of $4,253.00. Enclosed
is a copy of the contract.
To date Ms. Eavenson has paid $300 to have the sewer line scoped and $4,253.00 to have
a section of the sewer line replaced. She will incur additional costs for the sewer back-up
R O V E N R E 3 O U R C
2331 Marker Street, Camp Hill, Pennsylvania t 7fl1 t•4642 T: 717 763.1383 F: 717 730-7366 www.rsageradlerpc.com
Foxlea Homeowners Association, Inc.
Sterling Property Management, Inc.
Page 2
September 28, 2012
damage inside her unit. Due to the fact that these damages are a result of the Association's
breach of the duty to maintain and repair the common area sewage system, we expect that the
Association will reimburse Ms. Eavenson for these costs within 30 days of the date of this letter.
Because some of these damages may be covered by the liability or property insurance of the
Association, I urge you to notify your insurance broker of this claim. If you or your attorney
have any questions please do not hesitate to contact me.
Very truly yours,
f ~~~~~
Wayne S. Martin
Enclosure: Guardian Plumbing Contract
cc: Fran Eavenson (via email)
,:~ ~~
~, _ u..
830 Rudytown Road
New Cumberland, PA f 7070
TiT-938-9740
www.GuardianToday.cam
Fran Eavanson
30 Drexel Ptaee
New Cumberland, PA 17070
717-.7741793 717-623-050$
September 27, 2012
Fir~€~reticla~: -. 1264-101
Due Date' ~ ' 10/T/2012
.)Q~
. . ~~.
Fran Eavanson
30 Drexel Place
New Cumberland, PA 17070
717-7741793 717•
Install PVC/SDR Sewer Main
Instalation includes replacing cieanoutfltting inside-house and going through wallto sidewalk location of sewer
line. Includes 2 cleanouts, backtlil, tamp and handrack. Area will tre seeded and covered with straw upon
completion.
Water meter pit is located on top of sewer maim,.. moving. or disconnecting is included, however if pit is falling apart
or deteriorated replacement may be needed and is not included in the scope of the proposal
No landscaping, concrete, or macadam .replacement or 'rnstaltation is incltade in this proposal.
Excavation in parking lot not included in the proposal
Inspection by township is included
Permits and fees not included in proposal.
We propose hereby to furnish material and iiabor - complete in accordance with the above specifications, for the
sum of: $4,253.00
Ait material k guaranteed to tie es speclfled. Ail work to be completed in a professbnal manner according to standard practices. Any alteration or
deviation from above spaoiflcationa Mvohring extra costs vrgi be exearted only. upon wrRtsn orders and will become an extra charge over and above
the eatknate. Pdl agreements contingent upon delays beyond our control. Purchaser agrees to pay all eats of c~Aection, including attorney's teas.
This Proposal may be withdrawn by u$ (f not accepted by the above due date .
10;6 in advarx~ t3f)9i at roU h-in and 3Wi6 due at tromptetion
Authorised Acceptance
Signature Signature - Date
~C
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
:FLED-t��i 1L Y
Ronny R Anderson �•;,
Sheriff �t � %F THE PR`OTHOH i,,'6
Jody S Smith
Chief Deputy 1 ;, , ZQi3 MAR 20 PM 3' 07
Richard W Stewart "
Solicitor , rr �� s CU PE `(1 VAS A T
Fran Kelly Eavenson Case Number
vs. 2013-1135
Foxlea Homeowners Assoc., Inc.
SHERIFF'S RETURN OF SERVICE
03/14/2013 02:20 PM- Deputy Tim Black, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Scott Tornblom, who accepted
as"Adult Person in Charge"for Foxlea Homeowners Assoc., Inc. at 64 Drexel Place, Lower Allen, New
Cumberland, PA 17070.
TIM BLACK, DEPUTY
SHERIFF COST: $45.00 SO ANSWERS,
March 15, 2013 R-ONISW R ANDERSON, SHERIFF
ci Cou^ty5u;,e Shent..Te!e-osori. ._,.
c,rq Ti i PP
OTHONOTAR'
201311A Y -3 A 1411: 32
r:UMB RLAND COUNTY
PENNS YLYANtA
REAGER & ADLER, P.C.
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartin @ReagerAdlerPC.com
Thomas O.Williams,Esquire
Attorney I.D.No. 67987
Email: TWilliams @ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :
FOXLEA HOMEOWNERS No.: 2013-1135
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
PLAINTIFF FRAN KELLY EAVENSON'S ANSWER TO NEW MATTER
Plaintiff, Fran Kelly Eavenson, by her undersigned attorneys, answers Defendant, Foxlea
Homeowners Association a/k/a Foxlea Nominee Corp.'s New Matter as follows:
83. Incorporation paragraph, no response is required.
84. Admitted on information and belief.
85. Admitted on information and belief.
86. Denied. To the extent the averments in paragraph 86 constitute a conclusion of law
no responsive pleading is required. By way of further answer, Plaintiff at all times maintained
proper homeowner's insurance on her property.
87. Denied. To the extent the averments in paragraph 87 constitute a conclusion of law
no responsive pleading is required. By way of further answer, Plaintiff at all times maintained
proper home owner's insurance on her property. Pursuant to paragraph 26 of the Trust Deed, the
Defendant is required to carry insurance. It is believed and therefore averred that Defendant
maintains insurance with The Cincinnati Insurance Company. It is believed and therefore averred
that some of the damages suffered by Plaintiff are covered losses under the Defendant's policy with
The Cincinnati Insurance Company, but that The Cincinnati Insurance Company denied the claim
without reason.
88. The Foxlea's Operating Rules is a written document which speaks for itself.
89. The Foxlea's Operating Rules is a written document which speaks for itself.
90. After a reasonable investigation Plaintiff is without sufficient knowledge or
information with which to admit or deny the averments of paragraph 90. The averments are
therefore denied and strict proof is demanded at trial. By way of further answer, Defendant's
President never documented or reported her observations to anyone.
91. After a reasonable investigation Plaintiff is without sufficient knowledge or
information with which to admit or deny the averments of paragraph 91. The averments are
therefore denied and strict proof is demanded at trial. By way of further answer, Defendant's
President never documented or reported her observations to anyone.
92. Denied. According to the contractor who replaced the sewage system, the sewage
system on the common ground subsided several inches causing multiple breaks in the line and
necessitating replacement of the failed section of the sewer line. Approximately thirteen feet of the
failed section of the sewer line was located on common ground. It is believed and therefore averred
that all of the failures to the system were caused by the subsidence of the sewer line on common
2
ground and the Defendant's failure to properly maintain the sewer line despite notice that the
ground above the sewer line had subsided. As a result of the subsidence of the sewage system on
common ground, the location where the sewage line entered Plaintiff's dwelling had to be lowered
when the failed section of the line was replaced. See photograph attached as Exhibit "A."
93. Denied. According to the contractor who replaced the sewage system, the sewage
system on the common ground subsided several inches causing multiple breaks in the line and
necessitating replacement of the failed section of the sewer line. Approximately thirteen feet of the
failed section of the sewer line was located on common ground. It is believed and therefore averred
that all of the failures to the system were caused by the subsidence of the sewer line on common
ground and the Defendant's failure to properly maintain the sewer line, despite notice. As a result
of the subsidence of the sewage system on common ground, the location where the sewage line
entered Plaintiff's dwelling had to be lowered when the failed section of the line was'replaced. See
photograph attached as Exhibit"A."
94. Denied. It is specifically denied that Plaintiff was required to maintain"a sewage
system rider" on her homeowner's policy or that her failure to maintain"a sewage rider" is relevant
to the claims set forth in this lawsuit. Plaintiff at all times maintained proper homeowner's
insurance on her property. Plaintiff's homeowner's insurance company, Erie Insurance, has a
subrogation claim on this claim in the amount of$3,119.66. It is specifically denied that the
replacement of Defendant's sewage system is a covered loss. The Defendant is required to carry
insurance pursuant to paragraph 26 of the Trust Deed. It is believed and therefore averred that
Defendant maintains insurance with The Cincinnati Insurance Company. It is believed and
therefore averred that some of the damages suffered by Plaintiff are covered losses under the
3
Defendant's policy with The Cincinnati Insurance Company, but that The Cincinnati Insurance
Company denied the claim without reason.
95. Denied. It is specifically denied that Plaintiff failed to maintain the portion of the
sewage system that is within the one foot radius of her residence. According to the contractor who
replaced the sewage system, the sewage system on the common ground subsided several inches
causing several breaks in the line and necessitating replacement of the failed section of the sewer
line. Approximately thirteen feet of the failed section of the sewer line was located on common
ground. It is believed and therefore averred that all of the failures to the system were caused by the
subsidence of the sewer line on common ground and the Defendant's failure to properly maintain
the sewer line. The sewer system is a gravity system and, as a result of the subsidence of the
sewage system on common ground, the location where the sewage line entered Plaintiff's dwelling
had to be lowered when the failed section of the line was replaced. See photograph attached as
Exhibit "A."
96. Denied. It is specifically denied that Plaintiff failed to periodically clean out and
inspect the sewage system that is within the one foot radius of her residence. According to the
contractor who replaced the sewage system, the sewage system on the common ground subsided
several inches causing several breaks in the line and necessitating replacement of the failed section
of the sewer line. Approximately thirteen feet of the failed section of the sewer line was located on
common ground. It is believed and therefore averred that all of the failures to the system were
caused by the subsidence of the sewer line on common ground and the Defendant's failure to
properly maintain the sewer line. The sewer system is a gravity system and, as a result of the
subsidence of the sewage system on common ground, the location where the sewage line entered
4
Plaintiff's dwelling had to be lowered when the failed section of the line was replaced. See
photograph attached as Exhibit "A."
97. Denied. The averments in paragraph 97 constitute a conclusion of law and no
responsive pleading is required.
98. Denied. The averments in paragraph 98 constitute a conclusion of law and no
responsive pleading is required.
99. Denied. The averments in paragraph 99 constitute a conclusion of law and no
responsive pleading is required.
100. Denied. The averments in paragraph 100 constitute a conclusion of law and no
responsive pleading is required.
WHEREFORE, Plaintiff, Fran Kelly Eavenson, respectfully requests this Honorable Court
to enter judgment in her favor and against Defendant, Foxlea Homeowners Association a/k/a Foxlea
Nominee Corp.
Respectfully submitted
REAGER&ADLER, PC
0��q�
Date: May 2, 2013
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
5
OR
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VERIFICATION
I, Fran Kelly Eavenson,hereby verify that the averments of the foregoing Answer
to New Matter are true and correct to my personal knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904,relating to unworn falsification to authorities.
Date:
Fran Kelly av on
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Answer to New Matter to be
served upon the following counsel of record via First Class U.S. Mail, postage prepaid,
addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: May 2, 2013
FRAN KELLY EAVENSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYL\rAN A
V. e-
Docket No.: 13-1135 — Civil
FOXLEA HOMEOWNERS =-
ASSOCIATION A/K/A FOXLEA 'a .
Rr � -
NOMINEE CORP.,
Defendant Civil Term
OBJECTIONS TO SUBPOENA PURSUANT TO
RULE 4009.21
Defendant, Foxlea Homeowners Association, objects to the proposed subpoena
that is attached to this objection for the following reasons: Defendant objects to the
subpoena to the extent that it seeks information protected by the attorney-client
privilege.
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Date:
Dn E. eynbsa, Esquire
Attorney I.D. No. 80440
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
REAGER&ADLER,P.C.
Wayne S.Martin, Esquire
Attorney I.D.No. 208078
Email: WMartin @ReagerAdlerPC.com
Thomas O.Williams,Esquire
Attorney I.D.No. 67987
Email: TWilliams @ReagerAdlerPC.com
2331 Market Street
Camp Hill,PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V.
FOXLEA HOMEOWNERS : No.: 2013-1135
ASSOCIATION,INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff,Fran Kelly Eavenson intends to serve a subpoena identical to the one that is
attached to this notice. You have twenty(20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the issuance of the subpoena. If no
objection is made the subpoena may be served.
REAGER&ADLER,P.C.
Date: May 2,2013
Wayne S. Martin, Esquire
Attorney I.D.No. 208078
Thomas 0. Williams,Esquire
Attorney I.D.No. 67987
2331 Market Street
Camp Hill,PA 17011-4642
(717)763-1383
Attorneys for Plaintiff
i -
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Fran Kelly Eavenson
Plaintiff File No.2013-1135
VS.
Foxlea Homeowners Assoc.,Inc.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO,RULE 4009.22
TO: Records Custodian,Sterling Property Management,Inc.,337 Lincoln Street,Carlisle,PA 17013
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the
following documents or things:
Any and all documents in your possession(including but not limited to emails,letters,photographs,contracts,receipts,notes and phone
messages)related to the design,construction,inspection,repair and/or modification of the sewage collection system located at the Foxlea
Homeowners Association,Inc.,New Cumberland,Pennsylvania("Foxlea')including any invoices and contracts and any and all
documents related to any complaint or maintenance request submitted by any resident of Foxlea related to the sewage system or sewage
backup or related to subsidence of the ground and all correspondence between Sterling Property Management,Inc,and any of the
following entities or individuals: Foxlea Homeowners Association,Inc.,Marty Tomblom,The Cincinnati Insurance Company,Adam
Hoover,Saidis,Sullivan&Rogers,and Dean E.Reynosa,Esquire.
at 2331 Market Street, Camp Hill, PA 17011
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena,together with the certificate of compliance,to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days
after its service,the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NANM: Wayne S.Martin,Esquire
ADDRESS: Rea6er&Adler,P.0
2331 Market Street,Camp Hill,PA 17011
TELEPHONE: 717-763-1383
SUPREME COURT ID#20eo78
ATTORNEY FOR: Plaintiff
BY THE COURT:
Prothonotary,Civil Division
Date:
Seal of the Court Deputy
FRAN KELLY EAVENSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
Docket No.: 13-1135 — Civil
FOXLEA HOMEOWNERS
ASSOCIATION AJK/A FOXLEA
NOMINEE CORP.,
Defendant Civil Term
CERTIFICATE OF SERVICE
AND NOW, May 2013, I, Dean E. Reynosa, Esquire, hereby certify that.l
did serve a true and correct copy of the Objection to Subpoena Pursuant to Rule
4009.21 upon counsel of record by depositing, or causing to be deposited,same in the
U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First-Class Mail:
Wayne S. Martin, Esquire
REAGER &ADLER PC
2331 Market Street
Camp Hill, PA 17011
De4n E. Reynosa, Esquire
Sdidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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REAGER& ADLER, P.C. ����JUN 19 T HB
Wayne S. Martin, Esquire 19 PH 2.' 36
Attorney I.D. No. 208078 CUNBLRLA 4t)
2331 Market Street BEFltqS YLVANIA� Y
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
FOXLEA HOMEOWNERS No.: 2013-1135
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
CERTIFICATE PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that:
1. a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which
the subpoena is sought to be served;
2. a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate;
3. no objection to the subpoena has been received; and
4. the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date: June 18, 2013 Gy��
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Reager&Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Plaintiff
REAGER& ADLER, P.C.
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartin @ReagerAdlerPC.com
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
Email: TWilliams @ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
FOXLEA HOMEOWNERS No.: 2013-1135
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff, Fran Kelly Eavenson intends to serve a subpoena identical to the one that is
attached to this notice. You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the issuance of the subpoena. If no
objection is made the subpoena may be served.
REAGER& ADLER, P.C.
Date: May 2, 2013 r!
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Fran Kelly Eavenson
Plaintiff File No.2013-1135
VS.
Foxlea Homeowners Assoc., Inc.
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Records Custodian, The Cincinnati Insurance Company, PO Box 860,Enola, PA 17025
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the
following documents or things:
All documents prepared by you or by any,representative(s),agent(s)or anyone acting on your behalf during an
investigation of any aspect of the incident giving rise to The Cincinnati Insurance Company Claim Number
1870142 related to the failure of the Foxlea Homeowners Association,Inc.,New Cumberland,Pennsylvania
("Foxlea")sewer system. Additionally,all documents in your possession related to any complaint or claim
made by any resident of Foxlea related to the sewage system or sewage backup or related to earth subsidence.
at 2331 Market Street, Camp Hill, PA 17011
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena,together with the certificate of compliance,to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20)days
after its service,the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
A NAIM: Wayne S.Martin,Esquire
ADDRESS: Reager&Adler,P.0
2331 Market Street,Camp Hill,PA 17011
TELEPHONE: 717-763-1383
SUPREME COURT ID#208078
ATTORNEY FOR: Plaintiff
BY THE COURT:
Prothonotary,Civil Division
Date:
Seal of the Court Deputy
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Certificate Prerequisite to Service
of a Subpoena to be served upon the following counsel of record via First Class U.S. Mail,
postage prepaid, addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: June 18, 2013
. 2
FRAN KELLY EAVENSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. c' rN,
c C= `'s
Docket No.: 13-1135 — Civil �z w
FOXLEA HOMEOWNERS
ASSOCIATION A/K/A FOXLEA ter`,
NOMINEE CORP.,
Defendant Civil Term
PRAECIPE TO WITHDRAW i'
TO: PROTHONOTARY
Kindly withdraw Defendant, Foxlea Homeowners Association Objection to
Subpoena directed to Sterling Property Management, on behalf of the Defendant,
Foxlea Homeowners Association.
Respectfully submitted,
SAIDISI S IVAN & ROGERS
Date:
Dean E. Rey osa, Esquire
Attorney I.D. o. 80440
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
,J
FRAN KELLY EAVENSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
Docket No.: 13-1135 — Civil
FOXLEA HOMEOWNERS
ASSOCIATION A/K/A FOXLEA
NOMINEE CORP.,
Defendant Civil Term
CERTIFICATE OF SERVICE
AND NOW, June 2013, I, Dean E. Reynosa, Esquire, hereby certify that
did serve a true and correct copy of the Praecipe to Withdraw upon counsel of record
by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
By First-Class Mail:
Wayne S. Martin, Esquire
REAGER &ADLER PC
2331 Market Street
Camp Hill, PA 17011
SAIDIS, SULLIVAN & ROGERS
De nosa, squire
Attorney Id. 80440
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Defendant
♦�Y
REAGER&ADLER, P.C. 2113 JUN 26 AM 11: 24
Wayne S. Martin, Esquire
Attorney I.D. No. 208078 CUMBERLAND COUNTY
2331 Market Street PENNSYLVANIA
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
FOXLEA HOMEOWNERS No.: 2013-1135
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
CERTIFICATE PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that:
1. a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty(20) days prior to the date on which
the subpoena is sought to be served;
2. a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate;
3. an objection to the subpoena was filed on or about May 22, 2013, which objection
was subsequently withdrawn on or about June 20, 2013; and
4. the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
Date: June 25, 2013 ��
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Reager& Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Plaintiff
REAGER & ADLER, P.C.
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartin @ReagerAdlerPC.com
Thomas O. Williams,Esquire
Attorney I.D. No. 67987
Email: TWilliams @ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
FRAN KELLY EAVENSON IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
FOXLEA HOMEOWNERS No.: 2013-1135
ASSOCIATION, INC. a/k/a :
FOXLEA NOMINEE CORPORATION
Defendant
CIVIL ACTION—LAW
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff, Fran Kelly Eavenson intends to serve a subpoena identical to the one that is
attached to this notice. You have twenty(20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the issuance of the subpoena. If no
objection is made the subpoena may be served.
REAGER& ADLER, P.C.
Date: May 2, 2013
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
°
COMMONWEALTH OF PENNSYLVANIA
COUNTY CFCUMBERLAND
Fran Kelly .
�
Plaintiff u � File
V8.
FoxleaEknneowmers Ayaoc, Inc.
�
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Records Custodian,Sterling Property Management,lou..337 Lincoln Street,Carlisle,9/\ l7Ol3
. (Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered following m o�th{o� ' produce
Any and all documents in your possession(including but not limited to emails,letters,photographs,contracts,receipts,notes and phone
messages)related m the design,construction,inspection,repair and/or modification orousewmgemu,vomzsyotem/v*ateumm°am|,u
Homeowners Association,Inc.,New Cumberland,Penns /wmia C'nm,^'}including any invoices and contracts and any and all
documents related to any complaint or maintenance request submitted by any resident of Foxlea related to the sewage system orsewage
backup or related m subsidence of the ground and all correspondence between Sterling Property Management,Inc.and any mrthe
following entities vrindividuals: Foxlea Homeowners Association,Inc.,Marty Tomblom,The Cincinnati Insurance Company,Adam
Hoover,emu/,.Sullivan m Rogers,and Dean o.Reynosa,Esquire.
at 2331 Market Street Camp Hill T»& 170} ]
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena,together with the certificate of compliance,to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost ofpreparing the copies o«producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days
after its service,the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
-
NAIVIE: Wayne S.Martin,Esquire
^uuuEuS:
zo/Market Street,
TELEPHONE: 717-763-1383
SUPRENM COURT ID#208078
ATTORNEY FOR: Pjaintiff
8y THE COURT:
Prothonotary,Civil Division
Date:
Sea]of the Court Deputy
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Certificate Prerequisite to Service
of a Subpoena to be served upon the following counsel of record via First Class U.S. Mail,
postage prepaid, addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: June 25, 2013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Fran Kelly Eavenson •
•
•
Plaintiff
NO.2013-1135 CIVIL TERM
VS
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•
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Foxlea Homeowners Assoc., Inc. : in
Defendant (XI
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the `
following form: --- c;?
THE PETITION FOR APPOINTMENT OF ARBITRATORS ��
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Wayne S. Martin, Esquire , counsel for th<plaintif lefendant in the above
action(or actions), respectfully represents that:
1. The above-captioned action(or actions) is(are)at issue.
2. The claim of plaintiff in the action is$8,053.76
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Dean E.Reynosa,Esquire,any attorney with the law firm of Saidis,Sullivan&Rogers,and any attorney with the law firm of Reager&Adler,P.C.
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
Respectf y s bmitted
ex 4. 3191
ORDER OF COURT A ci q o"
AND NOW, , 20 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action(or actions)as prayed for.
By the Court,
KEVIN A. HESS, P.J.
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Petition to be served upon the
following counsel of record via First Class U.S. Mail, postage prepaid, addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: December 4, 2013 140 ! Q /IP
S
LI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Fran Kelly Eavenson •
Plaintiff •
No.2013-1135 CIVIL TERM ' \
PAS '
•
Foxlea Homeowners Assoc., Inc. ;
Defendanty "
c - -r c'.__
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in them ' 'cµ.r,
following form: '
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Wayne S. Martin, Esquire , counsel for th plaintif efendant in the above
action(or actions),respectfully represents that:
1. The above-captioned action(or actions)is(are)at issue.
2. The claim of plaintiff in the action is$8,053.76 .
The counterclaim of the defendant in the action is .
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit
as arbitrators:
Dean E.Reynosa,Esquire,any attorney with the law firm of Saidis,Sullivan&Rogers,and any attorney with the law firm of Reager&Adler,P.C.
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
Respectf y s bmitted
Al 14/77— 46 a8.5opti+
,.,
ORDER OF COURT ? * a 4'9°
AND NOW, , .Aj fl tpj 1/ , 20/3 , in consideration of the foregoing
petition, I (2, Esq., and •,__4_% 1_. .4' .
Esq., and I.IA.i /, AV f. .�. .. A.— Esq., are appointed arbitrators in the above
/ i
captioned action(or actions)as prayed for.
ci
c o By the Court,
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✓DeaN L ` Reynosa Atryip
_. y.✓Wa-yhe S. MA/ •Ati4 GS . KEVIN ESS, P.J.
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CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Petition to be served upon the
following counsel of record via First Class U.S. Mail, postage prepaid, addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: December 4, 2013 (l,�' c ! •
FRAN KELLY EAVENSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA:
•
vs. : CIVIL ACTION—LAW
• /1/3•",c
FOXLEA HOMEOWNERS •
ASSOCIATION, INC., and •
FOXLEA NOMINEE CORP.,
Defendants •
ORDER
AND NOW, this it,' day of December, 2013,the appointment of James Comitale,
Esquire, as Chairman of the Board of Arbitrators in the above-captioned case is VACATED.
Daniel Deardorff, Esquire, is appointed in his place.
BY THE COURT,
/
Kevin . Hess, P. J.
'Daniel Deardorff, Esquire
Chairman
". Court Administrator
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FRAN KELLY EAVENSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
FOXLEA HOMEOWNERS
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORP.,
Defendant
: CIVIL ACTION — LAW
: NO. 13-1135 CIVIL
ORDER
AND NOW, this 21 day of March, 2014, the appointment of a Board of
Arbitrators in the above-captioned case is VACATED. Daniel Deardorff, Esquire, Chairman,
shall be paid the sum of $50.00.
Daniel Deardorff, Esquire
Court Administrator
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eOpy ylAajed 3/ga /P./
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BY THE COURT,
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REAGER & ADLER, P.C.
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
Email: WMartin@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
•
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(G; i1 -tr Y 12 PH 1: 2 6
CUMBERLAND COUNTY
PENNSYLVANIA
FRAN KELLY EAVENSON : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
FOXLEA HOMEOWNERS
ASSOCIATION, INC. a/k/a
FOXLEA NOMINEE CORPORATION
Defendant
TO THE PROTHONOTARY:
: No.: 2013-1135
: CIVIL ACTION — LAW
PRAECIPE TO DISCONTINUE
Please mark the captioned lawsuit as discontinued and settled.
Date: May 7, 2014
REAGER & ADLER, PC
/14/(7( --
Wayne S. Martin, Esquire
Attorney I.D. No. 208078
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Alana L. Souders, Paralegal to Wayne S. Martin, Esquire, hereby certify that I
have this date caused a true and correct copy of the foregoing Praecipe to be served upon the
following counsel of record via First Class U.S. Mail, postage prepaid, addressed as follows:
Dean E. Reynosa, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: May 7, 2014