HomeMy WebLinkAbout13-7286 Supreme Co ; , ennsylvania
Cour C "mmo leas For Prothonotary Use Only:
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'�-* •-_ Doc et No:
CUM13RLND County
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The information collected on this form is used solely court administration purposes. This form does not
supplement or replace the filing and senice of pleadings or other papers as required bylaw or rules of court.
Commencement of Action:
S Ox- Complaint 0 Writ of Summons 0 Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
BEAUMONT SQUARE HOMEOWNERS ASSOC, INC. STEPHEN M. LONG AND SUSAN M. LONG
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? El Yes 0 No (check one) E] outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes X No Is this an MDJAppeal? 0 Yes 10 No
A Name of Plaintiff /Appellant's Attorney: David R. Galloway, Esquire
Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other Board of Elections
0 Nuisance Dept. of Transportation
0 Premises Liability Statutory Appeal: Other
S Product Liability (does not include
n— Employment Dispute:
E mass tort)
Slander/Libel /Defamation Discrimination
C 0 Other: Employment Dispute: Other Zoning Board
� Other:
T
I Ox Other:
O MASS TORT Breach of Contract
0 Asbestos
N 0 Tobacco
0 Toxic Tort - DES
0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste Q Ejectment 0 Common Law /Statutory Arbitration
B 0 Other:
Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent � Mandamus
0 Landlord/Tenant Dispute Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
0 Other Professional:
Updated 1 /1/2011
E D 0' f' 1
David R. Galloway ' s' ��'� "' ''' ` ' Counsel for Plaintiff
Attorney I.D. No. 87326 7 9 QLC 1 PH j_. 2�
54 E. Main Street
Mechanicsburg, PA 17055 C UMBERLAND COUNTY
Telephone: (717) 697 -4650 PE NNSY LVA NI A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff, ) CIVIL ACTION — LAW
V.
DOCKET NO: (�
STEPHEN M. LONG and )
SUSAN M. LONG, )
Defendants. )
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 filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
.LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1- 800 - 990 -9108
71.7- 249 -3166
0
C I-2K
OC
David R. Galloway Counsel for Plaintiff
Attorney I.D. No. 87326
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697 -4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff, ) CIVIL ACTION — LAW
V. )
DOCKET NO:
STEPHEN M. LONG and )
SUSAN M. LONG, )
Defendants. )
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorney, David R. Galloway, and files
this Complaint and is support avers as follows:
1. Plaintiff is Beaumont Square Homeowners Association, Inc., with a principal
place of business at 4249 Nantucket Drive, Mechanicsburg, PA 17050.
2. Defendants are Stephen M. Long and Susan M. Long, husband and wife, with a
principal residence of 4131 Nantucket Drive, Mechanicsburg, PA 17050.
3. The parties are subject to the Uniform Planned Community Act whereby Plaintiff
provided certain services to Defendants in exchange for Defendant's quarterly payments. See
generally 68 Pa.C.S. §§ 5101 -5414.
4. Defendants breached the terms of the Act and Plaintiff's by -laws when they failed
to make quarterly payments.
5. As of the date of this Complaint, Defendants owe Plaintiff $1,100 in unpaid
quarterly dues from January 1, 2013, through December 31, 2013; a copy of the statement
reflecting those unpaid quarterly dues is attached hereto as Exhibit "A."
6. Pursuant to Plaintiff's by -laws, interest has accrued on the unpaid dues at 6% per
year.
7. The amount of interest which has accrued on the unpaid balance is $113.13.
8. Pursuant to Plaintiff's by -laws, Plaintiff is entitled to an administrative late
payment fee of $5 per quarter.
9. Pursuant to Plaintiff's by -laws, Plaintiff is entitled to its collection and attorney's
fees.
10. Plaintiff has calculated reasonable attorney's fees to be $500.
11. Plaintiff has complied with all express and implied conditions, obligations and
duties of the Act and of its by -laws.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
favor of the Plaintiff and against Defendants in the amount of $1,100, interest in the amount of
$113.13, late fees in the amount of $35 and attorney fees in the amount of $500, for a total
Judgment of $1,748.13 plus costs and interest accruing at 6% per annum from the date of filing
this Complaint.
Respectfully submitted,
David R. Gallo4y #87326
Counsel for Plaintiff
EXHIBIT "A"
Beaumont Square Homeowners' Statement
Association [BSHA)
4249 Nantucket Drive 11/21/2013
Mechanicsburg, PA 17050
Return top portion with any corrections Check #
Make Payable to BSHA
Phone #
# to Remain Private
BILL TO DUE DATE
Stephen Long
P. O. Box 10614 11/21/2013
Harrisburg, PA 17105 -0614 AMOUNT DUE AMOUNT ENC.
$1,24.8.13
DATE DESCRIPTION AMOUNT BALANCE
09/24/2012 Balance forward 281.25
09/26/2012 PMT #75279413. 9/20/12 - 220.00 61.25
10/01/2012 INV #26532. 220.00 281.25
11/06/2012 INV #FC 2028. Finance Charge 1.86 283.11
11/06/2012 INV #26610. 5.00 288.11
12/12/2012 INV #FC 2040. Finance Charge 2.11 290.22
12/12/2012 INV #26629. 5.00 295.22
01/01/2013 INV #26721. 220.00 515.22
03/18/2013 INV #FC 2050. Finance Charge 8.51 523.73
03/18/2013 INV #26940. 5.00 528.73
04/01/2013 INV #26955. 220.00 748.73
05/06/2013 INV #FC 2070. Finance Charge 6.08 754.81
05/06/2013 INV #26987. 5.00 759.81
06/14/2013 INV #FC 2091. Finance Charge 5.29 765.10
06/14/2013 INV #27163. 5.00 770.10
07/01 /2013 INV #27090. 220.00 990.10
09/01/2013 INV #FC 2112. Finance Charge 13.13 1,003.23
09/01/2013 INV #27191. 5.00 1,008.23
10/01/2013 INV #27292. 220.00 1,228.23
11/15/2013 INV #FC 2139. Finance Charge 14.90 1,243.13
11/15/2013 INV #27377. 5.00 1,248.13
CURRENT 1 -30 DAYS PAST 31 -60 DAYS 61 -90 DAYS OVER 90 DAYS AMOUNT DUE
0.00 19.90 220.00 18.13 990.10 $1,248.13
VERIFICATION
I verify the facts set forth in this Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S § 4909, relating to unsworn falsification to authorities.
I am authorized to make this verification on behalf of Beaumont Square Homeowners
Association, Inc., because of my title.
Date: November 2013 G
Signature
i/) i I/ I o M . C 4 vt c o
Printed Name
P4 ( r 1 1) F,1 I1 S/ -hl
Title
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Andersont
Sheriff t,i i H
Jody S Smith
Chief Deputy -"i 3 DFC 18 Pi`s 4
Richard W Stewart .I L/^,+ U C0 L.H1 }
Solicitor
PENNSYLVANIA
Beaumont Square Homeowners Association, Inc. Case Number
vs.
Stephen Michael Long (et al.) 2013-7286
SHERIFF'S RETURN OF SERVICE
12/12/2013 04:37 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Stephen Michael Long at 4131 Nantucket Drive, Hampden Township, Mechanicsburg, PA 17050.
DAWN KELL, DEPUTY
12/12/2013 04:37 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Stephen Long, Husband, who
accepted as"Adult Person in Charge"for Susan Murphy Long at 4131 Nantucket Drive, Hampden
Township, Mechanicsburg, PA 17050.
DAWN KELL, DEPUTY
SHERIFF COST: $55.76 SO ANSWERS,
KZ
December 13, 2013 RON W R ANDERSON, SHERIFF
Stephen M. Long Defendants C)
GY
Susan M. Long rrt "�
4131 Nantucket Drive
I--A-
MechanicsUulg, Pa 17050-760531 60531
.;
Telephone: (717) 728-4249
IN THE COURT Or CO1viiviui PLEAS Or CUMBERLAND COUNTY,
PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS ASSOCIATION, INC. Plaintiff,
CIVIL ACTION - LAW
v.
DOCKET NO: 13-7286 CIVIL
STEPHEN M. LONG and SUSAN M. LONG, Defendants.
We the aforementioned, do not dispute this debt, we knowingly owe the
monies. But we are unable at this time to pay in full the amount due, being $1,100
plus $113.13 interest accrued and $5.00 a quarter for administrative fees, totaling
$1248.13 for missed quarterly payments from January 1st, 2013, through December
31s, 2013: of Homeowners Association dues for services rendered, plus the
excessive sum of $500 legal fees totaling $1748.13, the legal fees alone represent
28.6 % of the debt owed. We the aforementioned do wish to set up a court ordered
and approved payment plan to avoid a judgment and or any further legal action,
That being said,if we should miss a payment we acknowledge the fact that BSHA can
and will proceed with legal action to recover any and all past due payments in this
matter. We are both considered disabled and on fixed incomes and we can barely
pay our utility bill's,we have payment arrangements with all of them.
WHEREFORE, Defendants respectfully requests this Honorable Court to allow a
Fair and Equitable payment plan to repay this debt in a timely manner.
Respectfully submitte
f
Date: January 3rd, 2. ;°
David R. Galloway '` l� C'¢ C t'i' E t'''Counsel for Plaintiff
Attorney I.D. No. 87326 20I1i FEB I I AM �I.; 53
WALTERS & GALLOWAY, PLLC
54 E. Main Street CUMBERLAND COUNTY
Mechanicsburg, PA 17055 PENNSYLVANIA
Telephone: (717) 697-4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff ) No. 13-7286
)
v. )
)
STEPHEN M. LONG and, ) CIVIL ACTION—LAW
SUSAN M. LONG, )
Defendants )
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
As per the attached Stipulation, please enter Judgment in favor of Plaintiff and against
Defendants, STEPHEN M. LONG and SUSAN M. LONG.
Principal in Complaint $1,748.13
Interest in Complaint $ -0-
Attorney's Fees $ -0-
TOTAL $1,748.13, plus court costs and statutory
interest from date of Judgment
Respectfully submitted,
W• P & GALLOWAY, PLLC
By: dial&
Date: February 2014 David R. Galloway
Counsel for Plaintiff
4- -6-6 °/ 1174-j
C / 03 /
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ev �e i// 7i<<°/
David R. Galloway � .-;; !L Counsel for Plaintiff
Attorney I.D. No. 87326 - ! 1 r i; 1 EO iO Sri
WALTERS & GALLOWAY, PLLC
54 E. Main Street l FEB
Mechanicsburg, PA 17055 CUMBERLAND COUNTY
Telephone: (717) 697-4650 pENNSYI VANMA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff, ) CIVIL ACTION—LAW
)
v. )
) DOCKET NO: 13-7286
STEPHEN M. LONG and )
SUSAN M. LONG, )
Defendants. )
STIPULATION AND AGREEMENT FOR ENTRY OF JUDGMENT
AND NOW, comes Plaintiff, by and through its attorneys, WALTERS &
GALLOWAY, PLLC, and Defendants,pro se, who stipulate and agree as follows:
1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a
party, may enter an appropriate judgment against a party upon admission.
2. Defendants agree and admit that Judgment should be entered in favor of
Plaintiff in the amount of $1,748.13, plus interest as demanded in the Complaint and
costs of suit.
3. The parties agree the Court, upon Praecipe of Plaintiff, may enter
Judgment pursuant to this Stipulation without the issuance of Rule to Show Cause and
without further proceedings or notice.
Respectfully sub.nitted, Respecfully submitted,
T*9- WA ERS & GALLOWAY, PLLC By By
Step David R Galloway
Attorney I.D. No. .:7326
ByfgArtt 54 E. Main St.
Susan M. Long Mechanicsburg, PA 17055
4131 Nantucket Drive Counsel for P1 'ntif
Mechanicsburg, PA 17050 Date: I
Defendants, pro se
Date: �/�Z7-�y
David R. Galloway Counsel for Plaintiff
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff ) No. 13-7286
)
v. )
)
STEPHEN M. LONG and, ) CIVIL ACTION—LAW
SUSAN M. LONG, )
Defendants )
CERTIFICATE OF SERVICE
I, David R. Galloway, certify I served a copy of the within Praecipe for Judgment, on this
date, upon Defendants by first-class Mail, postage pre-paid, addressed as follows:
Mr. Stephen M. Long Mrs. Susan M. Long
4131 Nantucket Drive 4131 Nantucket Drive
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
Respectfully submitted,
WALTERS & GALLOWAY, PLLC
By:
Date: February 11 , 2014 David R. Gallow.
Counsel for Plaintiff
David R. Galloway Counsel for Plaintiff
Attorney I.D. No. 87326
WALTERS & GALLOWAY, PLLC
54 E. Main Street
Mechanicsburg, PA 17055
Telephone: (717) 697-4650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEAUMONT SQUARE HOMEOWNERS )
ASSOCIATION, INC., )
Plaintiff ) No. 13-7286
)
v. )
)
STEPHEN M. LONG and, ) CIVIL ACTION—LAW
SUSAN M. LONG, )
Defendants )
NOTICE OF JUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you as follows:
Principal in Complaint $1,748.13
Less payments received $ -0-
Interest in Complaint $ -0-
Attorney's Fees $ -0-
TOTAL $1,748.13, plus court costs and statutory
interest from date of Judgment
NOW v2fr , 20///, J_ GMENT IS ENTERED AS
ABOVE. , •
Prothonotary/ - lac ivil ►N.
By:
Deputy
I hereby certify that the name and address of the proper person to receive this notice
under Pa. R. Civ. P. 236 is:
STEPHEN M. LONG SUSAN M. LONG
4131 NANTUCKET DRIVE 4131 NANTUCKET DRIVE
MECHANICSBURG, PA 17050 MECHANICSBURG, PA 17050
Respectfully submitted,
WA_ " - ' & GALLOWAY, PLLC
/ By:
Date: February 7 , 2014 David R. Galloway
Counsel for Plaint',f