HomeMy WebLinkAbout14-0234 Supreme Cob i4_oU Pennsylvania
Cour: tkommo pleas ForProthonotary Use Only:
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Cy V ll Covehet � � ` �` l
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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 xr Complaint 0 Writ of Summons Petition
E Transfer from Another Jurisdiction Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
Anna Kinney Select Property & Association Management, Inc.
T
I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: Owithin arbitration limits
(check one) x0outside arbitration limits
N Is this a Class Action Suit? 7 Yes R No Is this an MDJAppeal? 0 Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Edith A. Pearce
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 f € Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment
C{ Motor Vehicle 0 Debt Collection: Other Board of Elections
0 Nuisance Dept. of Transportation
S 0 Premises Liability 0 Statutory Appeal: Other
E] Product Liability (does not include
E mass tort) 0 Employment Dispute:
Slander/Libel/ Defamation Discrimination Employment Dis ute: Other
C 0 Other: � P ®' Zoning Board
T 0 Other:
I 0 Other:
O MASS TORT
Asbestos
N 0 Tobacco
El Toxic Tort - DES
El Toxic Tort - Implant REAL, PROPERTY MISCELLANEOUS
El Toxic Waste : Ejectment 0 Common Law /Statutory Arbitration
B 0 Other: f i Eminent Domain /Condemnation 0 Declaratory Judgment
I-3° Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 1 Other:
O Medical i -i Other: Housing Discrimination
0 Other Professional:
Updated 11112011
THE PEARCE LAW FIRM MAJOR JURY MATTER
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14 FLOOR
Philadelphia, PA 19102 Attorney for Plaintiffs
215- 557 -8686
ANNA KINNEY COURT OF COMMON PLEAS
12 Fragrant Pear Drive CUMBERLAND COUNTY
Mechanicsburg, PA 17050 r a
CIVIL ACTION LAW r^ E-'-
and —
�,fx a
ROGER KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
Plaintiffs, t -_
vs.
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC., et. al.
NOTICE
AVISO
NOTICE
"Le han demandado a usted en la torte. Si usted quiere
"You have been sued in court. If you wish to defend against the defenderse de estas demandas expuestas en las paginas siguientes,
claims set forth in the following pages, you must take action usted tiene veinte (20) dias de plazo al partir de la fecha de la
within (20) days after this complaint and notice are served, by demanda y la notification. Hace falta asentar una comparencia
entering a written appearance personally or by attorney and filing escrita o en persona o con un abogado y entregar a la torte en
in writing with the court your defenses or objection to the claims forma escrita sus defensas o sus objeciones a las demandas en
set forth against you. You are warned that if you'fail to do so the contra de su persona. Sea avisado que si usted no se defiende, la
case may proceed without you an a judgement may be entered torte puede decidir a favor del demandante y requiere que usted
against you by the court without further notice for any money cumpla con todas ]as provisiones de esta demand. Usted puede
claimed in the complaint or for any other claim or relief perder dinero o sus propiedades u otros derechos importantes para
requested by the plaintiff. You may lose the money or property usted.
rights important to you.
"LLEVE ESTA DEMANDA A UN ABOGADO
"YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR TIENE EL DINERO SUFICIENTE DE PAGAR TAL
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE SERVICIIO. VAYA EN PERSONA O LLAME POR
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU TELEFONO A LA OFICINA CUYA DIRECCION SE
CAN GET LEGAL HELP." ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE
LAWYER REFERRAL SERVICE CONSEGUIR ASISTENCIA LEGAL."
32 South Bedford Street
Carlisle, Pennsylvania 17013 LAWYER REFERRAL SERVICE
(717) 249 -3166 32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249 -3166
THE PEARCE LAW FIRM MAJOR JURY MATTER
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14 FLOOR
Philadelphia, PA 19102 Attorney for Plaintiffs
215 -557 -8686
ANNA KINNEY COURT OF COMMON PLEAS
12 Fragrant Pear Drive CUMBERLAND COUNTY
Mechanicsburg, PA 17050
CIVIL ACTION_ LAW
and
No. )-' 2
ROGER KINNEY J
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
Plaintiffs,
VS.
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC.
1000 North Prince Street
Lancaster, PA 17603
and
RIVENDELL PROPERTY OWNERS'
ASSOCIATION, INC.
c/o CT Corporation
1515 Market Street, #1210
Philadelphia, PA 19102
and
SKIPJACK PENNSYLVANIA, LLC
d/b /a RIVENDELL, A PLANNED
COMMUNITY
c/o National Registered Agents, Inc.
600 N. Second Street, Suite 400 :
Harrisburg, PA 17101
and
SKPJACK PENNSYLVANIA, LLC
c/o National Registered Agents, Inc. :
600 N. Second Street, Suite 400
Harrisburg, PA 17101
and
MANEKIN, LLC
8601 Robert Fulton Drive
Suite 200
Columbia, MD 21046
Defendants.
COMPLAINT
1. Plaintiff Anna Kinney is an adult individual and citizen of the Commonwealth of
Pennsylvania residing therein at 12 Fragrant Pear Drive Mechanicsburg, Pennsylvania 17050.
2. Plaintiff Roger Kinney is an adult individual and citizen of the Commonwealth of
Pennsylvania residing therein at 12 Fragrant Pear Drive Mechanicsburg, Pennsylvania 17050.
3. Defendant Select Property & Association Management, Inc. was and is now a
Pennsylvania corporation with a primary place of business at 1000 North Prince Street Lancaster,
PA 17603.
4. Defendant Rivendell Property Owners' Association, Inc. was and is now a
Pennsylvania corporation and maintains a regular place of business at c/o CT Corporation 1515
Market Street, #1210 Philadelphia, PA 19102.
5. Defendant Skipjack Pennsylvania, LLC d/b /a Rivendell, A Planned Community
was and is now a Maryland corporation which regularly conducts business in the
Commonwealth of Pennsylvania and maintains a regular place of business at c/o National
Registered Agents, Inc. 600 N. Second Street, Suite 400 Harrisburg, PA 17101.
6. Defendant Skipjack Pennsylvania, LLC was and is now a Maryland corporation
which regularly conducts business in the Commonwealth of Pennsylvania and maintains a
regular place of business at c/o National Registered Agents, Inc. 600 N. Second Street, Suite 400
Harrisburg, PA 17101.
7. Defendant Manekin, LLC was and is now a Delaware corporation which
regularly conducts business in the Commonwealth of Pennsylvania and maintains a regular place
of business at c/o CT Corporation 1515 Market Street, #1210 Philadelphia, PA 19102.
8. At all times relevant hereto, Plaintiffs Anna Kinney and Roger Kinney were the
owners of the property located at 12 Fragrant Pear Drive Mechanicsburg, PA 17050.
9. At all times relevant hereto, Defendant Select Property & Association
Management, Inc. was responsible for the development and management of the Rivendell
Subdivision.
10. At all times relevant hereto, Defendant Rivendell Property Owners' Association,
Inc. was a non - profit corporation with the primary purpose of creating and enforcing rules and
regulations in the Rivendell Subdivision.
11. At all times relevant hereto, Defendant Skipjack Pennsylvania, LLC was the
owner of the property located in Silver Spring Township where the Rivendell Subdivision is
located. Defendant Skipjack Pennsylvania, LLC regularly conducted business as Rivendell, A
Planned Community.
12. At all times relevant hereto, Defendant Manekin, LLC was retained by Defendant
Skipjack Pennsylvania, LLC to develop the Rivendell Subdivision.
13. At all times relevant hereto, Defendants Select Property & Association
Management, Inc., Rivendell Property Owner's Association, Inc., Skipjack Pennsylvania, LLC
d/b /a Rivendell, A Planned Community, Skipjack Pennsylvania, LLC, and Manekin, LLC
(collectively referred to herein as "Defendants ") were acting through their agents, servants and
employees, who were authorized and acting within the scope of their authority, course of
employment and under direct control of Defendants.
14. At all times relevant hereto, the Defendants have been a "person" as defined by
Section 4(a) of the Pennsylvania Human Relations Act, 43 P.S. §§ 951 -963 and are subject to the
provisions of the Act.
15. At all times relevant hereto, the property located at 12 Fragrant Pear Drive
Mechanicsburg, PA 17050 was part of the Rivendell Subdivision owned, operated, managed
and /or maintained by Defendants.
16. At all times relevant hereto, Defendants maintained a set of rules and regulations
as well as a covenant restricting the use and development of the homeowners' property in the
Rivendell Subdivision.
17. At all times relevant hereto, Plaintiffs were members of a protected class,
Religious Creed, Roman Catholic.
18. On or about October 8, 2008, Plaintiffs Anna Kinney and Roger Kinney became
members of the Rivendell Property Owners' Association
19. On or about October 8, 2010, Plaintiffs' home at 12 Fragrant Pear Drive was
inspected by the Defendants through their agents, servants and employees.
20. On or about October 19, 2010, Plaintiffs received a letter from Defendants
Rivendell Property Owners' Association, Inc. and Select Property & Association Management,
Inc. demanding that Plaintiffs remove the statue of the Virgin Mary /Marian Shrine that was
displayed in the front of their 12 Fragrant Pear Drive property. Plaintiffs were given ten (10)
days to remove the Marian Shrine from the front of their property or be subject to a fine by
Defendants. Significantly, Plaintiffs also displayed a decorative "K" flag in front of their
property and no mention of the flag was made in the October 19, 2010 letter. Defendants
specifically objected to the display of Plaintiffs' Marian Shrine in an act of religious
discrimination.
21. Defendants alleged that Plaintiffs were in violation of Subsection 4.2.1 which
states "all landscaping in front yards shall consist of natural materials, e.g. shrubs, trees, bushes,
rocks, timbers, etc., and shall not include any artificial or man -made articles."
22. Plaintiffs' Marian Shrine is a sacred image and an article of religious devotion and
act of religious veneration as defined by the Catholic Church. It is not a decorative lawn
ornament.
23. At the time of the October 19, 2010 letter, sixty (60) of the Rivendell
Subdivision's one hundred five (105) properties were in violation of rule 4.2.1 and featured
secular man -made objects in the front of the property. Upon information and belief, the
aforementioned sixty (60) homeowners did not receive letters from the Defendants and /or their
agents, servants and employees regarding the violations. Defendants specifically targeted
Plaintiffs for enforcement of the regulation due to the religious nature of their Marian Shrine in
an act of religious discrimination.
24. As a result of their act of religious devotion, Plaintiffs were assessed fines by
Defendants and had their access to the Community Center and recreational areas, for which they
paid monthly fees, revoked.
25. Defendants and /or their agents, servants and employees advised Plaintiffs by
letters dated October 19, 2010 and November 10, 2010 that they could move their Marian Shrine
to the rear of their property without prior written permission.
26. Plaintiff Anna Kinney filed a complaint for religious discrimination with the
Pennsylvania Human Relations Commission against Defendant Select Property & Association
Management, Inc. on November 20, 2010.
27. In its response to the aforementioned complaint, Defendant Select Property &
Association Management, Inc. again suggested that Plaintiffs move their Marian Shrine to the
rear of their property.
28. On or about May 1, 2011, in a good faith effort to resolve the dispute, Plaintiffs
moved their Marian Shrine to a landscaped area in the rear, of their property as suggested by
Defendants.
29. By letter dated May 3, 2011, Defendant Select Property & Association
Management, Inc. alleged that Plaintiffs were in violation of Rule # 20 which states that
"additions, alterations, and improvements to the exterior of Units, including but not limited to,
the exterior structural appearance or architectural style of a Unit, exterior colors of a unit,
landscaping materials, fences, swimming pools, and hot tubs, may be made but Unit Owners only
in accordance with the provisions of Section 4.1 and Article VII of the Declaration." Section 4.1
states that Unit Owners "may not change the exterior appearance of a Unit or Dwelling or make
alterations to the Limited Common Elements appurtenant to such Unit without express written
consent of the Executive Board." Defendant Select Property & Association Management, Inc.
demanded that Plaintiffs remove their Marian Shrine and informed Plaintiffs that the Executive
Board was prepared to "take all appropriate actions."
30. At the time of the May 3, 2011 letter, several other Units in the Rivendell
Subdivision had non - complaint decks, swing sets, landscaping and other materials in the rear of
the properties and were thus in violation of the rules and covenant. Upon information and belief,
Defendants did not issue any letters to the aforementioned property owners demanding removal
of these structures. Defendants specifically targeted Plaintiffs for enforcement of the regulation
due to the religious nature of their Marian Shrine in an act of religious discrimination and
retaliation for the November 20, 2010 complaint.
31. On or about June 7, 2011, Plaintiffs submitted an Architectural Review
Committee Application Form including all dimensions of shrubbery and the Marian Shrine as
well as a design drawn to scale by professionals from Stauffers of Kissel Hill.
32. In an act of further discrimination and retaliation for the November 20, 2010
complaint, on or about June 9, 2011, Defendants Select Property & Association Management and
Rivendell Property Owners' Association summarily denied Plaintiffs' architectural plans for the
installation of landscaping.
33. Plaintiff have received the right to file suit in state court from the Pennsylvania
Human Relations Commission.
COUNT
Pennsylvania Human Relations Act- Unlawful Discrimination
PLAINTIFFS ANNA KINNEY AND ROGER KINNEY VS. DEFENDANTS SELECT
PROPERTY & ASSOCIATION MANAGEMENT, INC., RIVENDELL PROPERTY
OWNERS' ASSOCIATION, INC., SKIPJACK PENNSYLVANIA, LLC d /b /a
RIVENDELL, A PLANNED COMMUNITY, SKIPJACK PENNSYLVANIA, LLC AND
MANEKIN, LLC
JOINTLY AND /OR SEVERALLY
34. Plaintiffs Anna Kinney and Roger Kinney hereby incorporate the above
paragraphs of this Complaint as though the same were fully set forth herein at length.
35. The actions of the Defendants through their agents, servants and employees, in
subjecting Plaintiffs to disparate treatment based on their religious beliefs, constitute violations
of the Pennsylvania Human Relations Act, 43 P.S. §§ 951 -963 et. sec, and specifically of Section
5(h)(3)
36. The Defendants' acts of discrimination were intentional, willful and in reckless
disregard for Plaintiffs' protected rights and interests.
37. As a result of Defendants' willful and unlawful discriminatory actions in violation
of Section 5(h)(3) of 43 P.S. §§ 951 -963, Plaintiffs have suffered injury to their emotional well
being, humiliation, harassment and pain and suffering, in addition to attorneys fees and costs and
other expenses.
WHEREFORE, Plaintiffs Anna Kinney and Roger Kinney demand judgment against the
Defendants Select Property & Association Management, Inc., Rivendell Property Owner's
Association, Inc., Skipjack Pennsylvania, LLC d/b /a Rivendell, A Planned Community, Skipjack
Pennsylvania, LLC, and Manekin, LLC, jointly and /or severally, in an amount in excess of
$50,000.00, together with attorneys fees, interest and costs of suit.
COUNT II
Pennsylvania Human Relations Act, 43 P.S. §§ 951- 963- Unlawful Retaliation
PLAINTIFFS ANNA KINNEY AND ROGER KINNEY VS. DEFENDANTS SELECT
PROPERTY & ASSOCIATION MANAGEMENT, INC., RIVENDELL PROPERTY
OWNERS' ASSOCIATION, INC., SKIPJACK PENNSYLVANIA, LLC d /b /a
RIVENDELL, A PLANNED COMMUNITY, SKIPJACK PENNSYLVANIA, LLC AND
MANEKIN, LLC
JOINTLY AND /OR SEVERALLY
38. Plaintiffs Anna Kinney and Roger Kinney hereby incorporate the above
paragraphs of this Complaint as though the same were fully set forth herein at length.
39. The actions of the Defendants through their agents, servants and employees, in
retaliating against Plaintiffs for filing a complaint for religious discrimination with the
Pennsylvania Human Rights Commission, constitute violations of Section 5(d) of the
Pennsylvania Human Relations Act, 43 P.S. §§ 951 -963.
40. The Defendants' acts of retaliation were intentional, willful and in reckless
disregard for Plaintiffs' protected rights and interests.
41. As a result of Defendants' willful and unlawful retaliatory actions in violation
of Section 5(d) of 43 P.S. §§ 951 -963, Plaintiffs have suffered injury to their emotional well
being, humiliation, harassment and pain and suffering, in addition to attorneys fees and costs and
other expenses.
WHEREFORE, Plaintiffs Anna Kinney and Roger Kinney demand judgment against the
Defendants Select Property & Association Management, Inc., Rivendell Property Owner's
Association, Inc., Skipjack Pennsylvania, LLC d/b /a Rivendell, A Planned Community, Skipjack
Pennsylvania, LLC, and Manekin, LLC, jointly and /or severally, in an amount in excess of
$50,000.00, together with attorneys fees, interest and costs of suit.
Respectfully submitted,
Edith A. Pearce, ire
Attorney for Plaintiffs
VERIFICATION
I hereby verify that the statements contained 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. sec. 4904, relating to unsworn falsification to authorities.
Date Edith A. Pearce
THE PEARCE LAW FIRM MAJOR JURY MATTER
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14TH FLOOR
Philadelphia, PA 19102 Attorney for Plaintiffs
215-557-8686
ANNA KINNEY • COURT OF COMMON PLEAS
12 Fragrant Pear Drive CUMBERLAND COUNTY
Mechanicsburg, PA 17050 • C")
•
CIVIL ACTION LAW - -
and -.r i
c
No. 14-234
c _ -
is y
ROGER KINNEY
12 Fragrant Pear Drive •
Mechanicsburg, PA 17050 :
f„s7
Plaintiffs, .•
vs.
•
SELECT PROPERTY & ASSOCIATION :
MANAGEMENT, INC., et. al.
PRAECIPE TO REINSTATE AMENDED COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the attached Amended Complaint in the above-captioned matter.
Edith A. PJO-, Esquire
Attorney for he Plaintiff
1429 Walnut Street, 14t Floor
Philadelphia, PA 19102
(215)557-8686
Date: February 3, 2014
0.W 6 is14
3
12 °(y r
THE PEARCE LAW FIRM
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14TH FLOOR
Philadelphia, PA 19102
215 -557 -8686
MAJOR JURY MATTER
Attorney for Plaintiffs
ANNA KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
and
ROGER KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
Plaintiffs,
vs.
SELECT PROPERTY & ASSOCIATION :
MANAGEMENT, INC., et. al.
To the Prothontary:
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION LAW
No. 14 -234
PRAECIPE TO SUBSTITUTE VERIFICATION
W
Kindly substitute the attached Verification for that of counsel attached to the Complaint.
Edith A. ' ear ' e, Esquire
Attorney '• e Plaintiff
1429 Walnut Street, 14th Floor
Philadelphia, PA 19102
(215) 557 -8686
THE PEARCE LAW FIRM MAJOR JURY MATTER
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14TH FLOOR
Philadelphia, PA 19102
215-557-8686
Attorney for Plaintiffs
ANNA KINNEY
and
ROGER KINNEY
Plaintiffs,
vs.
SELECT PROPERTY & ASSOCIATION :
MANAGEMENT, INC., et. al.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION_ LAW
No. 14-234
CERTIFICATE OF SERVICE
I, Edith A. Pearce, Esquire, attorney for Plaintiffs, hereby states that on this date,
Plaintiffs' Praecipe to Substitute Verification was served on the following counsel of record via
first class mail:
E. Michael Zubey, Jr.
Masano Bradley
1100 Berkshire Boulevard
Suite 201
Wyomissing, PA 19610
Date: February 27, 2014
Heather Z. Kelly, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Edith A. e, Esquire
Attorney s r e Plaintiff
1429 Walnut Street, 14th Floor
Philadelphia, PA 19102
(215) 557-8686
VERIFICATION
I, Anna Kinney, hereby verify that the statements contained 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. sec. 4904, relating to unsworn falsification
to authorities.
VERIFICATION
I, Roger Kinney, hereby verify that the statements contained 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. sec. 4904, relating to unsworn
falsification to authorities.
W. Ryan Neumyer, Esq.
Attorney I.D. No. 91379
Daniel ;R. Jameson, Esq.
Attorney I.D. No. 307543
Neumyer Law, LLC
480 New Holland Ave., Suite 8204
Lancaster, PA 17602
ritE- oioNtfrA
20141*IR -5 PH 1: 31
CIJNBERLANO COLIN "Y
PENNSYLVANIA
Attorneys for Rivendell Property
Owners' Association, Inc.
ANNA,KINNEY
and ROGER KINNEY
Plaintiffs
V.
SELECT PROPERTY
& ASSOCIATION
MANAGEMENT, INC., et. al.
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
CIVIL NO.: 14-234
ENTRY OF APPEARANCE
Kindly enter our appearance on behalf of Defendant, Rivendell Property Owners'
Association, Inc., in the above-captioned matter.
By:
•
Respectfully submitted,
NEUMYER LAW, LLC
. Ryan Neumyer, ET4 ire.
Attorney I.D. No. 913 9
Daniel R. Jameson, Esquire
Attorney I.D. No. 307543
480 New Holland Ave., Suite 8204
Lancaster, PA 17603
Phone: (717) 824-3060
W. Ryan Neumyer, Esq.
Attorney T.D. No. 91379
Daniel R. Jameson, Esq.
Attorney I.D. No. 307543
Neumyer Law, LLC
480 New Holland Ave., Suite 8204
Lancaster, PA 17602
Attorneys for Rivendell Property
Owners' Association, Inc.
ANNA KINNEY
and ROGER KINNEY
Plaintiffs
v.
SELECT PROPERTY
& ASSOCIATION
MANAGEMENT, INC., et. al.
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
CIVIL NO.: 14 -234
CERTIFICATE OF SERVICE
I, Daniel R. Jameson, Esquire, attorney for Defendant, Rivendell Property Owners'
Association, Inc., do hereby certify that I have served on the following parties a true and correct
copy of the foregoing document and in the manner indicated below:
Document:
Service By:
Addressed as follows:
ENTRY OF APPEARANCE
First Class Mail
Attorney for Plaintiffs,
Edith A. Pearce, Esquire
The Pearce Law Firm
1429 Walnut Street, 14th Floor
Philadelphia, PA 19102
Select Property & Association Management, Inc.
1000 North Prince Street
Lancaster, PA 17603
Skipjack Pennsylvania, LLC
and Skipjack Pennsylvania, LLC d/b /a
Rivendell, a Planned Community
c/o National Registered Agents, Inc.
600 N. Second Street, Suite 400
Harrisburg, PA 17101
Date:
Manekin„ LLC
8601 Robert Fulton Drive
Columbia, MD 21046
By:
NEUMYER LAW, LLC
Attorneys for Defendant, Rivendell Property
Owners' Association, Inc.
Heather Z. Kelly, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
hzkelly@mette.com
Attorneys for Defendants
Skipjack Pennsylvania, LLC d/b/a
Rivendell, A Planned Community;
Skipjack Pennsylvania, LLC and
Manekin, LLC
ANNA KINNEY and ROGER
KINNEY,
Plaintiffs
V.
SELECT PROPERTY &
ASSOCIATION MANAGEMENT,
INC., RIVENDELL PROPERTY
OWNERS' ASSOCIATION, INC. ,
SKIPJACK PENNSYLVANIA, LLC
d/b/a RIVENDELL, A PLANNED
COMMUNITY, SKIPJACK
PENNSYLVANIA, LLC and
MANEKIN, LLC
Fl,"*: -OF FiCK
THE PROTHONOTAI
20101AR -1 PH 3;
CUMBERLAND COOTPENNSN(LVAHIP,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-234-Civil
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendants Skipjack Pennsylvania, LLC d/b/a
Rivendell, A Planned Community, Skipjack Pennsylvania, LLC and Manekin, LLC.
Respectfully submitted,
METTE, EVANS & WOODSIDE
HEATHER Z. K LLY, QUIRE
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. a Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendants
Skipjack Pennsylvania, LLC d/b/a
Rivendell, A Planned Community;
Skipjack Pennsylvania, LLC and
Manekin, LLC
Date: March 6, 2014
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
by U.S. First Class mail addressed as follows, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure:
Edith A. Pearce, Esquire
THE PEARCE LAW FIRM
1429 Walnut Street, 14th Floor
Philadelphia, PA 19102
Attorneys for Plaintiff
Select Property & Association Management, Inc.
1000 North Prince Street
Lancaster, PA 17603
Rivendell Property Owners' Association, Inc.
Oo CT Corporation
1515 Market Street, #1210
Philadelphia, PA 19102
METTE, EVANS & WOODSIDE
HEATHER Z. ILLY, ESQUIRE
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendants
Skipjack Pennsylvania, LLC d/b/a
Rivendell, A Planned Community;
Skipjack Pennsylvania, LLC and
Manekin, LLC
Date: March 6, 2014
701513v1
THE PEARCE LAW FIRM
EDITH A. PEARCE, ESQUIRE
ATTORNEY ID NO. 68753
1429 WALNUT STREET, 14 FLOOR
Philadelphia, PA 19102
215-557-8686
MAJOR JURY MATTER
Attorney for Plaintiffs
ANNA KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
and
ROGER KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
Plaintiffs,
VS.
SELECT PROPERTY & ASSOCIATION :
MANAGEMENT, INC., et. al.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION_ LAW
No. 14-234
PRAECIPE TO REINSTATE AMENDED COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the attached Amended Complaint in the above-captioned matter.
Edith A. Pearce, Esquire
Attorney for the Plaintiff
1429 Walnut Street, 14' Floor
Philadelphia, PA 19102
(215) 557-8686
Date: March 12, 2014
53
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Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
i1F`riCE (.. „.F Tt.,f,. S ERIFF
10,6z),
�2L
Anna Kinney (et al.)
vs.
Select Property & Assoc. Management Inc. (et al.)
Case Number
2014 -234
SHERIFF'S RETURN OF SERVICE
01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Select Property & Assoc. Management Inc., but was unable to
locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin,
Pennsylvania to serve the within Complaint & Notice according to law.
01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Skpjack Pennsylvania, LLC c/o National Registered Agencts, Inc.,
but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the
Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
,01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Rivendell Property Owners' Association Inc. c/o CT Corporation,
but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the
Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
02/03/2014 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named
Defendant Skpjack Pennsylvania, LLC c/o National Registered Agencts, Inc., not found. Jack Lotwick,
Sheriff, Return of Service attached to and made part of the within record.
02/03/2014 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named
Defendant Select Property & Assoc. Management Inc., not found. Jack Lotwick, Sheriff, Return of Service
attached to and made part of the within record.
02/05/2014 03:00 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Bob Sersch,
who accepted for Rivendell Property Owners' Association Inc. c/o CT Corporation, at 116 Pine Street,
Suite 320, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of
the within record.
SHERIFF COST: $81.00 SO ANSWERS,
February 11, 2014 RONNY R ANDERSON, SHERIFF
(c) Ccun:tySuito Sheriff, Teleosof`.,
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101 -2079
ph: (717) 780 -6590 fax: (717) 255 -2889
Jack Lotwick
Sheriff
•
ANNA KINNEY
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
RIVENDELL PROPERTY OWNERS'
ASSOCIATION, INC.
Sheriffs Return
No. 2014 -T -0297
OTHER COUNTY NO. 2014 -234
And now: FEBRUARY 5, 2014 at 3:00:00 PM served the within NOTICE & COMPLAINT upon
RIVENDELL PROPERTY OWNERS' ASSOCIATION, INC. by personally handing to BOB SERSCH
* 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the
contents thereof at C/O CT CORP, 116 PINE ST, STE 320 HARRISBURG PA 17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 6TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
By
Dep Sheriff
Deputy: JESSICA KARL
Sheriffs Costs: $79.75 1/31/2014
Shelley Ruhl
Real Esta e Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101 -2079
ph: (717) 780 -6590 fax: (717) 255 -2889
Jack Lotwick
Sheriff
ANNA KINNEY
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
RIVENDELL PROPERTY OWNERS'
ASSOCIATION, INC.
Sheriffs Return
No. 2014 -T -0297
OTHER COUNTY NO. 2014 -234
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that
I made diligent search and inquiry for SELECT PROPERTY & ASSOCIATION MANAGEMENT, INC. the
DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him /her in the
County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 3, 2014.
REFUSED BY REGISTERED AGENT OFFICE AT ADDRESS 600 NORTH 2ND STREET, SUITE 400,
HARRISBURG, PA 17101. THEY ARE NOT THE REGISTERED AGENT FOR THE DEFENDANT.
POSSIBLE ADDRESS IS: 1000 NORTH PRINCE STREET, LANCASTER, PA 17603.
Sworn and subscribed to
before me this 6TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers, o
Sheriff Dauphin County, Pa.
By
Depu Sheriff
Deputy: JESSICA KARL
Sheriffs Costs: $79.75 1/31/2014
Shelley Ruhl
Real Esta e Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
of
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101 -2079
ph: (717) 780 -6590 fax: (717) 255 -2889
Jack Lotwick
Sheriff
ANNA KINNEY
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
RIVENDELL PROPERTY OWNERS'
ASSOCIATION, INC.
Sheriffs Return
No. 2014 -T -0297
OTHER COUNTY NO. 2014 -234
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,
that I made diligent search and inquiry for SKPJACK PENNSYLVANIA, LLC the DEFENDANT named
in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin,
and therefore return same NOT FOUND, FEBRUARY 3, 2014.
REFUSED BY REGISTERED AGENT OFFICE AT ADDRESS 600 NORTH 2ND STREET, SUITE
400, HARRISBURG, PA 17101. THEY ARE NOT THE REGISTERED AGENT FOR THE
DEFENDANT.
Sworn and subscribed to
before me this 6TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffinan, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
Sherif
By
Depu Sheriff
Deputy: JESSICA KARL
Sheriffs Costs: $79.75 1/31/2014
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND
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Anna Knney (et al.)
vs.
Select Property & Assoc, Management Inc. (et al.)
Case Number
SHERIFF'S RETURN OF SERVICE
01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit Select Property & Assoc Management Inc., but was unable to
iocate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin,
Pennsylvania to serve the within Complaint & Notice according to law.
01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to Iaw, states he made diligent search and inquiry
for the within named Defendant to wit: Skpjack Pennsylvania, LLC c/o National Registered Agencts, Inc.,
but was unable to locate the Defendant in the Sheriff's bailiwick. The Sheriff therefore deputizes the
Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
01/27C2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Rivendell Property Owners' Association Inc. c/o CT Corporation,
but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the
Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
02/03/2014 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named
Defendant Skpjack Pennsylvania, LLC c/o National Registered Agencts, Inc., not found. Jack Lotwick,
Sheriff, Return of Service attached to and made part of the within record.
02/03/2014 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named
Defendant Select Property & Assoc. Management Inc., not found. Jack Lotwick, Sheriff, Return of Service
attached to and made part of the within record.
02/05/2014 03:00 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Bob Sersch,
who accepted for Rivendell Property Owners' Association Inc. c/o CT Corporation, at 116 Pine Street,
Suite 320, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of
the within record.
02/18/2014 Sheriff Ronny R Anderson, being duly sworn according to |ew, states he made diligent search and inquiry
for the within named Defendant to wit: Skipjack Pennsylvania, LLC d/b/a Rivendell, A Planned
Community, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore
deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
02/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Select Property & Assoc. Management Inc., but was unable to
Iocate the Defendant in the Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster,
Pennsylvania to serve the within Complaint & Notice according to Iaw.
02/18/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Skipjack Pennsylvania, LLC do National Registered Agencts, Inc.,
but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the
Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law.
02/24/2014 09:30 AM - The requested Complaint & Notice served by the Sheriff of Lancaster County upon Frank
Levanti, Vice President, who accepted for Select Property & Assoc. Management Inc., at 1000 North
Prince Shent, Loncooter, PA 17603. Mark S. Reese, Sheriff, Return of Service attached to and made part
of the within record.
(c) CountySuite Sheriff, Teleosoft. Inc,
02/25%2014 03:15 PM - The requested Complaint & Notice served by the Sheriff of Dauphin C Bob Sersch,
Sr. Corporate Operations Specialst, who accepted for Skipjack Pennsylvania, LLC c/o National
Registered Agencts, Inc., at 116 Pine Street, Suite 320, Harrisburg, PA 17101. Jack Lotwick, Sheriff,
Return of Service attached to and made part of the within record.
02/25/2014 03:15 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Bob Sersch,
Sr. Corporate Operations Specialst, who accepted for Skipjack Pennsylvania, LLC d/b/a Rivendell, A
Planned Community, at c/o National Registered Agents, Inc., 116 Pine Street, Suite 320, Harrisburg, PA
17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $129.00 SOANSVVERG.
February 28, 2014 RON R ANDERSON, SHERIFF
(c) Cotinty.Suite Sheriff, Telhosoft,
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
ANNA KINNEY AND ROGER KINNEY
VS
SKIPJACK PENNSYLVANIA, LLC
Sheriffs Return
No. 2014-T-0543
OTHER COUNTY NO. 2014-234
And now: FEBRUARY 25, 2014 at 3:15:00 PM served the within REINSTATED COMPLAINT &
NOTICE upon SKIPJACK PENNSYLVANIA, LLC by personally handing to BOB SERSCH * 1 true
attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to him/her
the contents thereof at C/O NATIONAL REGISTERED AGENTS, INC., 116 PINE STREET, SUITE
320 HARRISBURG PA 17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 26TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
gef'6-e(/
She if
By
Depu heriff
Deputy: JESSICA KARL
Sheriffs Costs: $60.5 2/21/2014
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
ANNA KINNEY AND ROGER KINNEY
VS
SKIPJACK PENNSYLVANIA, LLC
Sheriffs Return
No. 2014-T-0543
OTHER COUNTY NO. 2014-234
And now: FEBRUARY 25, 2014 at 3:15:00 PM served the within REINSTATED COMPLAINT &
NOTICE upon SKIPJACK PENNSYLVANIA, LLC D/B/A RIVENDELL, A PLANNED
COMMUNITY by personally handing to BOB SERSCH * 1 true attested copy of the original
REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at C/O
NATIONAL REGISTERED AGENTS, INC., 116 PINE STREET, SUITE 320 HARRISBURG PA
17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 26TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
She • of Dauphin Co
By
Depu
Depu
Sherif
Sheri
: JESSICA KARL
s Costs: $60.5 2/21/2014
SHERIFF'S OFFICE OF LANCASTER COUNTY
Mark S. Reese
Sheriff
Marc Lancaster
Chief Deputy
ANNA KINNEY ET AL
VS.
SELECT PROPERTY & ASSOC. MGMNT INC
Brad Harris
Solicitor
Charles Hamilton
Lieutenant
Case Number
2014-234
SHERIFF'S RETURN OF SERVICE
02/24/2014 09:30 AM - SERVED THE COMPLAINT & NOTICE BY HANDING A COPY TO FRANK LEVANTI, VICE
PRESIDENT, SELECT PROPERTY AND ASSOC., WHO ACCEPTED AS "ADULT PERSON IN •
CHARGE" FOR SELECT PROPERTY & ASSOC. MGMNT INC AT 1000 N PRINCE STREET,
LANCASTER, PA 17603. SO ANSWERS: DEPUTY ROBERT MUSSER, DEPUTY SHERIFF OF
LANCASTER COUNTY, PA.
SHERIFF COST: $39.30
February 25, 2014
ROBERT MtJSSER, DEPUTY
SO ANSWERS,
MARK S. REESE, SHERIFF
DATE CATEGORY
02/20/2014 Advance Fee
02/20/2014 Receiving, Docketing & Return
02/20/2014 Service
02/20/2014 Affidavit
02/20/2014 Deputy Time
02/20/2014 Copies
02/24/2014 Service Mileage
02/25/2014 Refund
COSTS
MEMO CHK # DEBIT CREDIT
Advance Fee 2750 $0.00 $150.00
$9.00 $0.00
$9.00 $0.00
$2.50 $0.00
$10.00 $0.00
$6.00 $0.00
$2.80 $0.00
$110.70 $0.00
BALANCE:
$150.00 $150.00
$0.00
L Plaintiff Attorney: THE PEARCE LAW FIRM P.C., 1429 WALNUT STREET, 14TH FLOOR, PHILADELPHIA, PA 19102
(c) CountySuite Sheriff, Teleosoft, Inc.
Christopher J. Knight, I.D. No. 80058
HAWKE MCKEON & SNISCAK LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236-1300
cjknight@hmslegal.com
Counsel for Defendants,
Select Property & Association
Management, Inc.
ANNA KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050
and
ROGER KINNEY
12 Fragrant Pear Drive
Mechanicsburg, PA 17050,
Plaintiffs,
VS.
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC.
1000 North Prince Street
Lancaster, PA 17603
and
RIVENDELL PROPERTY OWNERS'
ASSOCIATION, INC.
c/o CT Corporation
1515 Market Street, #1210
Philadelphia, PA 19102
and
SKIPJACK PENNSYLVANIA , LLC
d/b/a RIVENDELL, A PLANNED
COMMUNITY
c/o National Registered Agents, Inc.
600 N. Second Street, Suite 400
Harrisburg, PA 17101
and
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION — LAW
NO. 14-234 Civil
SKPJACK PENNSYLVANIA, LLC
c/o National Registered Agents, Inc.
600 N. Second Street,
Suite 400
Harrisburg, PA 17101
and
MANEKIN, LLC
8601 Robert Fulton Drive
Suite 200
Columbia, MD 21046
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Select Property & Association
Management, Inc. in the above - captioned matter.
HAWKE MCKEON & SNISCAK LLP
CHRISTOPHER J. KNIGHT, ESQ.
I.D. No. 80058
100 North 10th Street
Harrisburg, PA 17101
(717) 236 -1300
(717) 236 -4841
ci kni ght(at hm s l e gal . co m
Counsel for
Select Property & Association Management, Inc.
Christopher J. Knight, I.D. No. 80058
HAWKE MCKEON & SNISCAK LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236-1300
Counsel for Defendants,
Select Property & Association
Management, Inc.
ANNA KINNEY
and
ROGER KINNEY
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION — LAW
Plaintiffs, NO. 14-234 Civil
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC., et al.,
Defendants
CERTIFICATE OF SERVICE
I certify state that, on this date, counsel for Defendant, Select Property & Association
Management, Inc., has served the foregoing Praecipe for Entry of Appearance upon counsel of
record by First Class U.S. Mail, addressed as follows, which service satisfies the requirements of
the Pennsylvania Rules of Civil Procedure:
Edith A. Pearce, Esquire
The Pearce Law Firm
1429 Walnut Street, 14' Floor
Philadelphia, PA 19102
Attorney for Plaintiffs
Heather Z. Kelly, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Defendants,
Skipjack Pennsylvania, LLC d/b/a Rivendell, a Planned Community,.
Skipjack Pennsylvania, LLC, and Manekin, LLC
W. Ryan Neumyer, Esquire
Daniel R. Jameson, Esquire
480 New Holland Ae., Suite 8204
Lancaster, PA 17603
Attorneys for
Rivendell Property Owners' Association, Inc.
Christo . er J. Knight, I.D. No. 80058
Hawke McKeon & Sniscak LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236 -1300
cjknight @hmslegal.com
Counsel for Defendants,
Select Property & Association Management, Inc.
Dated this 19th day of March, 2014.
Anthony T Bowser, Esquire
Thomas, Thomas & Hafer, LLP
PA #204561
305 N Front Street
PO Box 999
Harrisburg, PA 17108 -0999
(717) 441-3959
abowser @tthlaw.com
ANNA KINNEY AND ROGER KINNEY,
Plaintiffs
versus
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, RIVENDELL PROPERTY
OWNERS' ASSOCIATION, INC,
SKIPJACK PENNSYLVANIA, LLCM D /B /A
RIVENDELL, A PLANNED COMMUNITY,
SKIPJACK PENNSYLVANIA, LLC AND
MANEKIN, LLC,
Defendants
'W' " )1HONCl..
E
APR -14 11
CUM ERLAND COUNTY
PENNSYLVANIA
'ISYLVANIA
Counsel for Defendant Select Property & Association
Management
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO 14 -234 CIVIL
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Anthony T Bowser and Thomas, Thomas & Hafer,
LLP on behalf of Defendant Select Property & Association Management in the above
matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
;i_ 617-(PatA.1071
(PA #204561)
Anthony T Bows
305 North Front Street
PO Box 999
Harrisburg, PA 17108
Telephone 717.237.7100
Facsimile 717.237.7105
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of April, 2014, I, Anthony T Bowser, of the law firm of
Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the
foregoing document by placing a copy of the same in the United States Mail, postage
prepaid, to the following:
Edith A Pearce, Esquire
The Pearce Law Firm
1425 Walnut Street, 14th Floor
Philadelphia, PA 19102
W Ryan Neumyer, Esquire
Daniel R Jameson, Esquire
48o New Holland Avenue, Suite 8204
Lancaster, PA 17603
Heather Z Kelly, Esquire
Mette, Evans & Woodside
3401 North Front Street
POB 595o
Harrisburg, PA 17110 -095o
Christopher J Knight, Esquire
Hawke McKeon & Sniscak LLP
100 North 10 Street
Harrisburg, PA 17101
Anthony T Bowser
1480082.1
Christopher J. Knight, I.D. No. 80058
HAWKE MCKEON & SNISCAK LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236-1300
cjIcnight@hmslegal.com
ANNA KINNEY and ROGER KINNEY
Plaintiffs
VS.
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC., RIVENDELL
PROPERTY OWNERS' ASSOCIATION,
INC., SKIPJACK PENNSYLVANIA , LLC
d/b/a RIVENDELL, A PLANNED
COMMUNITY, SKIPJACK
PENNSYLVANIA, LLC AND MANEKIN,
LLC,
Defendants
261ft APR -8 al ft: 48
Counsel for Defendants,
CUf13E tth Y & Association
f)E7'"4 t Inc.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION — LAW
NO. 14-234 Civil
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as counsel to Defendant, Select Property & Association
Management, Inc. in the above-captioned matter pursuant to Rule 1012(b)(2)(i).
Dated: April 4, 2014
MCKEON & SNISCAK LLP
ALhAdar
CHRISTOP J. KNIGHT, ESQ.
I.D. No. 80058
100 North 10th Street
Harrisburg, PA 17101
(717) 236-1300
(717) 236-4841
cjknight@hmslegal.com
Counsel for
Select Property & Association Management, Inc.
1
Christopher J. Knight, I.D. No. 80058
HAWKE MCKEON & SNISCAK LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236 -1300
ANNA KINNEY and ROGER KINNEY
Plaintiffs,
vs.
SELECT PROPERTY & ASSOCIATION
MANAGEMENT, INC., et al.,
Defendants
Counsel for Defendants,
Select Property & Association
Management, Inc.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION — LAW
NO. 14 -234 Civil
CERTIFICATE OF SERVICE
I certify state that, on this date, counsel for Defendant, Select Property & Association
Management, Inc., has served the foregoing Praecipe for Withdrawal of Appearance upon
counsel of record by First Class U.S. Mail, addressed as follows, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure:
Edith A. Pearce, Esquire
The Pearce Law Firm
1429 Walnut Street, 14`h Floor
Philadelphia, PA 19102
Attorney for Plaintiffs
Heather Z. Kelly, Esquire
Mette, Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110 -0950
Attorneys for Defendants,
Skipjack Pennsylvania, LLC d /b /a Rivendell,
a Planned Community;
Skipjack Pennsylvania, LLC; and Manekin,
LLC
Dated this 4th day of April, 2014.
W. Ryan Neumyer, Esquire
Daniel R. Jameson, Esquire
480 New Holland Ave., Suite 8204
Lancaster, PA 17603
Attorneys for
Rivendell Property Owners' Association,
Inc.
Anthony T. Bowser
Thomas, Thomas & Hafer, LLP
305 North Front Street
Harrisburg, PA 17108
Attorneys for Select Property & Association
Management
Christopher J fight, I.D. No. 80058
Hawke McKeon & Sniscak LLP
100 North 10th Street
Harrisburg, PA 17101
(717) 236 -1300
cjknight @hmslegal.com
Counsel for Defendants,
Select Property & Association Management, Inc.
dc) i f it e I to e
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717)780-6590 fax: (717)255-2889
Jack Lotwick
Sheriff
• tiE PRO >
7hCNC�TA{',r
MAY 14 P11 2: 35
CUMBERLAND COUNTY
PENNSd A i an
Chief Depry
Michael W. Rinehart
Assistant Chief Deputy
ANNA KINNEY
VS
RIVENDELL PROPERTY OWNERS'
• ASSOCIATION, INC.
Sheriffs Return
No. 2014-T-0297
OTHER COUNTY NO. 2014-234
And now: FEBRUARY 5, 2014 at 3:00:00 PM served the within NOTICE & COMPLAINT upon
RIVENDELL PROPERTY OWNERS' ASSOCIATION, INC. by personally handing to BOB SERSCH
* 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the
contents thereof at CIO CT CORP, 116 PINE ST, STE 320 HARRISBURG PA 17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 6TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
By "
Dep Sheriff
Deputy: JESSICA KARL
Sheriff s Costs: $79.75 1/31/2014
Mark S. Reese
Sheriff
Marc Lancaster
Chief Deputy
SHERIFF'S OFFICE OF LANCASTERQU TY
PRO -I MMO PRO -IO -IA
IlAY 14 Ptd 2: 35
CU Pg NNSYLVAN COUNTY
Brad Harris
Solicitor
Charles Hamilton
Lieutenant
ANNA KINNEY ET AL
vs. 2014-234
SELECT PROPERTY & ASSOC. MGMNT INC Case Number
SHERIFF'S RETURN OF SERVICE
0212412014 09:30 AM - SERVED THE COMPLAINT & NOTICE BY HANDING A COPY TO FRANK LEVANT/, VICE
PRESIDENT, SELECT PROPERTY AND ASSOC., WHO ACCEPTED AS "ADULT PERSON IN •
CHARGE' FOR SELECT PROPERTY & ASSOC. MGMNT INC AT 1000 N PRINCE STREET,
LANCASTER, PA 17603. SO ANSWERS: DEPUTY ROBERT MUSSER, DEPUTY SHERIFF OF
LANCASTER COUNTY, PA.
•
ROBERT MGSSER, DEPUTY
SHERIFF COST: $39.30 SO ANSWERS,
04.404
February 25, 2014 MARK S. REESE, SHERIFF •
r
COSTS
DATE CATEGORY
02/2012014 Advance Fee
02/20/2014 Receiving, Docketing & Return
02/20/2014 Service
02/20/2014 Affidavit
02/20/2014 Deputy lime
02/20/2014 Copies
0212412014 Service Mileage
02/25/2014 Refund
MEMO '
Advance Fee
J
CHK U DEBIT CREDIT
2750 $0.00 $150.00
$9.00 $0.00
$9.00 $0.00
$2.50 $0.00
$10.00 $0.00
$6.00 $0.00
$2.80 $0.00
$110.70 $0.00
BALANCE:
$150.00 $150.00
$0.00
1
Plaintiff Attorney: THE PEARCE LAW FIRM P.C., 1429 WALNUT STREET 14TH FLOOR, PHILADELPHIA, PA 19902
oDi gi Siteriff
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
€ tn: PRO TliONO J ar
2014 Y 1 4 P11 2:
CUMBERLAND y CDUN ry
Jac
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
ANNA KINNEY AND ROGER KINNEY
VS
SKIPJACK PENNSYLVANIA, LLC
Sheriffs Return
No. 2014-T-0543
OTHER COUNTY NO. 2014-234
And now: FEBRUARY 25, 2014 at 3:15:00 PM served the within REINSTATED COMPLAINT &
NOTICE upon SKIPJACK PENNSYLVANIA, LLC by personally handing to BOB SERSCH * 1 true
attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to him/her
the contents thereof at C/O NATIONAL REGISTERED AGENTS, INC., 116 PINE STREET, SUITE
320 HARRISBURG PA 17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 26TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
Sheri of Dauphin
By
Depu, heriff
Deputy: JESSICA KARL
Sheriffs Costs: $60.5 2/21/2014
;' is THE E P H Q r n
fAk
aglitt oaf the GSI v.rif.: U MAY 14 P11 2:
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717)780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
CUMBERLAND COUNTY
PENNSYLVANIA
Jack Duignan •
Chief Deputy
Michael W.. Rinehart
Assistant Chief Deputy
ANNA KINNEY AND ROGER KINNEY
VS
SKIPJACK PENNSYLVANIA, LLC
Sheriffs Return
No. 2014-T-0543
OTHER COUNTY NO. 2014-234
And now: FEBRUARY 25, 2014 at 3:15:00 PM served the within REINSTATED COMPLAINT &
NOTICE upon SKIPJACK PENNSYLVANIA, LLC D/B/A RIVENDELL, A PLANNED
COMMUNITY by personally handing to BOB SERSCH * 1 true attested copy of the original
REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at C/O
NATIONAL REGISTERED AGENTS, INC., 116 PINE STREET, SUITE 320 HARRISBURG PA
17101
* SR. CORPORATE OPERATIONS SPECIALIST
Sworn and subscribed to
before me this 26TH day of February, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8. 2018
By
Depu Sheriff
Deputy: JESSICA KARL
Sheriffs Costs: $60.5 2/21/2014