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Home My WebLink About13-7287 Supreme Co»f�Pennsylvania COUr Co�'m o leas For Prothonotary Use Only. Docket No: CU B R N6 County r The information collected on this form is used solely_for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Ox Complaint Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T BEAUMONT SQUARE HOMEOWNERS ASSOC, INC. SCOTT A. FLINCHBAUGH Dollar Amount Requested: F1 within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) outside arbitration limits 0 N Is this a Class Action Suit? Yes S No Is this an MDJAppeal? Yes No A Name of Plaintiff /Appellant's Attorney: David R. Galloway, Esquire 0 Check here if you have no attorney (are a Self- Represented [Pro Sel 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 Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other ►S Product Liability (does not include 0 Employment Dispute: E mass tort) 0 Slander/Libel /Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board , 0 Other: I x; 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 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent O Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY g g Quo Warranto 0 Mort a e Foreclosure: Commercial 0 Dental 0 Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 David R. Galloway j" Counsel for Plaintiff Attorney I.D. No. 87326 54 E. Main Street �� f 0 Mechanicsburg, PA 17055 Cf1Nb' , Telephone: (717) 697 -4650 PE N "" YJ t, ,N j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ) ASSOCIATION, INC., ) Plaintiff ) CIVIL ACTION — LAW V. DOCKETNO: �3 -010 lUl SCOTT A. FLINCHBAUGH, ) Defendant ) 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 717 - 249 -3166 V )A t goo a-�s 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: SCOTT A. FLINCHBAUGH, ) Defendant ) 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. Defendant is Scott A. Flinchbaugh, an adult individual with a principal residence of 4126 Nantucket Drive, Mechanicsburg, PA 17050. 3. The parties are subject to the Uniform Planned Community Act whereby Plaintiff provided certain services to Defendant in exchange for Defendant's quarterly payments. See generally 68 Pa.C.S. §§ 5101 -5414. 4. Defendant breached the terms of the Act and Plaintiff s by -laws when he failed to make quarterly payments. 5. As of the date of this Complaint, Defendant owes Plaintiff $880 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 Plaintiffs 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 $27.24. 8. Pursuant to Plaintiffs by -laws, Plaintiff is entitled to an administrative late payment fee of $5 per quarter. 9. Pursuant to Plaintiffs 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 Defendant in the amount of $880, interest in the amount of $27.24, late fees in the amount of $25.00 and attorney fees in the amount of $500.00, for a total Judgment of $1,432.24, plus costs and interest accruing at 6% per annum from the date of filing this Complaint. Respectfully submitted, David R. Gall ay #87326 Counsel for Pl intiff 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 Scott Allen Flinchbaugh 4126 Nantucket Drive 11/21/2013 Mechanicsburg, PA 17050 -7604 AMOUNT DUE AMOUNT ENC. $932.24 DATE DESCRIPTION AMOUNT BALANCE 12/30/2012 Balance forward 0.00 01/01/2013 INV #26675. 220.00 220.00 03/18/2013 INV #FC 2045. Finance Charge 2.75 222.75 03/18/2013 11 #26935. 5.00 227.75 04/01/2013 INV #26950. 220.00 447.75 05/06/2013 INV #FC 2064. Finance Charge 3.10 450.85 05/06/2013 INV #26981. 5.00 455.85 06/14/2013 INV #FC 2086. Finance Charge 2.92 458.77 06/14/2013 INV #27158. 5.00 463.77 07/01/2013 INV #27044. 220.00 683.77 09/01/2013 INV #FC 2105. Finance Charge 8.26 692.03 09/01/2013 INV #27184. 5.00 697.03 10/01/2013 INV #27246. 220.00 917.03 11/15/2013 INV #FC 2134. Finance Charge 10.21 927.24 11/15/2013 INV #27372. 5.00 932.24 CURRENT 1 -30 DAYS PAST 31 -60 DAYS 61 -90 DAYS OVER 90 DAYS AMOUNT DUE 0.00 15.21 220.00 13.26 683.77 $932.24 VERIFICATION I verify the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1$ 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 Signature Printed Name P 4 ( � 10 r ' V t3 5 ot, Title SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4 _i Jody S Smith ` Chief Deputy a s l Richard W Stewart or 49 rb z i Solicitor S a o "r IJMII �i L�`,��11 �,I Ali �� ,t. P � i5YLA1 Beaumont Square Homeowners Association, Inc. Case Number vs. Scott A Flinchbaugh 2013-7287 SHERIFF'S RETURN OF SERVICE 12/12/2013 02:55 PM - Deputy Brian Grzyboski, 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: Scott A Flinchbaugh at 4126 Nantucket Drive, Hampden Towns , Mechanicsbur , PA 17050. BRIAN GRZYBdS UTY SHERIFF COST: $39.76 SO ANSWERS, December 13, 2013 RbNW R ANDERSON, SHERIFF