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14-1016
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9 Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COM PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Michael Meyer 1 09-3-05 Hon. Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE P.O. Box 534 Camp Hill PA 17001 DATE OF JUDGMENT IN THE CASE OF (Plain6fr) (Defendant)' 01/31/2014 Gala Square Condominium Assoc. Michael Meyer DOCKET No. SIGNATU I TOR ATTORNEY OR AGENT MJ- 09305 -CV- 0000182 -2013 1 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMP21NJc; UST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within s twenty (20) days after filing the NOTICE ofAPPEAl M W Signature of Prothonotary or Deputy N �R Y C-) PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ? C' (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action b2oj Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. C PRAECIPE: To Prothonotary Enter rule upon Gala Square Condominium Association appellee(s) to file a complaint in this appeal Nameof appellee(s) (Common Pleas No. /y /Q /(p (.G ) within twenty (20) days after s ce of ru e r suffer entry of judgment of non pros. Signature of appellant or att� or agent RULE: To Gala Square Condominium ASSOC appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not fia a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .0 / : ' . 1 41144 J I&Y TI I Ip v= ^ ^.Su rgnatureof Prothonotary orDeputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. /03. SID fool- 4# AOPC 312 -05 Rrw COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND s Case Mag. Dist. No: MDJ- 09 -3 -05 Gala Square Condominium Association MDJ Name: Honorable Mark Martin V Address: 507 North York Street Michael Meyer Mechanicsburg, PA 17055 Telephone: 717 -766 -4575 Robert Peter Kline, Esq. Docket No: MJ- 09305 -CV- 0000182 -2013 714 Bridge St Case Filed: 10/21/2013 PO Box 461 New Cumberland, PA 17070 -0461 __ P _ — __ 6 ` m ` ry .�,....�..-___ —_ W w•. _._ _ _ .__ _... _._ _ _ _,,. w _ _ .... _ . _ ....__ Dis osition Summa (� Cross Co ...... mplaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09305 -CV- 0000182 -2013 Gala Square Condominium Michael Meyer Judgment for Plaintiff 01/31/2014 Assoc iation Judgment Summary Participant Joint/Several Liability Individual Liability Amount Gala Square Condominium Association $0.00 $0.00 $0.00 Michael Meyer $0.00 $2,473.52 $2,473.52 Judgment Finding *PostJudgment) In the matter of Gala Square Condominium Association vs. Michael Meyer on MJ- 09305 -CV- 0000182 -2013, on 1/31/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,372.52 $2,372.52 Filing Fees $0.00 $101.00 $101.00 Grand Total:. $2,473.52 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Mark Martin certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 01/3112014 1:20:45PM Gala Square Condominium Association Docket No.: MJ- 09305 -CV- 0000182 -2013 V. Michael Meyer Participant List Private(s) Craig A. Diehl, Esq. 3464 Trindle Rd Camp Hill, PA 17011 Robert Peter Kline, Esq. 714 Bridge St PO Box 461 New Cumberland, PA 17070 -0461 Plaintiff(s) Gala Square Condominium Association 470 Nursery Drive South Mechanicsburg, PA 17055 Defendant(s) Michael Meyer PO Box 534 Camp Hill, PA 17011 MDJS 315 Page 2 of 2 Printed: 01/31/2014 1:20:45PM GALA SQUARE CONDOMINIUM : IN THE COURT OF COMMON PLEAS ASSOCIATION : CUMBERLAND COUNTY, PENNSISVUIA` PLAINTIFF mW -n w V. : NO. 14-1016 CIVIL rn ' MICHAEL MEYER c r ry r DEFENDANT • °' - r�_3 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served © a copy of the Notice of Appeal,Common Pleas No.14-101? upon the Magisterial District Judge designated therein on (date of ser ice)Z,5 f,20 14 , ❑ by personal service 0 by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, Gala Square Condominium Association on 215 , 2014 Dby personal service° •by(certified)44istcrcd)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF B , 20/Ai Signature of official before whom affidavit was made Signature of affiant COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R.FEISTER,Notary Public New Cumberland Boro.,Cumberland Co. Notary Public My Commission Expires April 15,2015 Title of official My commission expires on /s2o /s• AOPC 312A-05 U.S. Postal Service,,, CERTIFIED MAILTM RECEIPT = (Domestic Mail Only;No Insurance Coverage Provided) ru 1-9 For delivery information visit our website at www.usps.come r.' rS'a< 4"-' p itk f? . o r Postage $ -'-'''11""'-; Certified Fee (\\\ � M r Ob( ktmar .r O Return Receipt Fee ere }► CI (Endorsement Required) ,!( O Restricted Delivery Fee I "; (Endorsement Required) ► a D Total Postage&Fees $ j ��� m Ap t� , , ^ .r'�. NStreet,Apt.No.;�T or PO Box No. .ICJ 'q t \tc-1 5-f. City State,ZI•+4 �t Li t Ail Lc5-5urr.& Po rloss PS Form 3800,August 2006 See Reverse for Instructions U.S. Postal Service,ra CERTIFIED MAIL, RECEIPT ra (Domestic Mail Only;No Insurance Coverage Provided) M r9 For delivery information visit our website at www.usps.comp ul Postage $ - r l \K, C ON, MI '` ''N'Ert� Certified Fee „Postmarl�r. � Return Receipt Fee � Here Q (Endorsement Required) ?A ‘i Restricted Delivery Fee - v- (Endorsement Required) 1"...,A;?:-/Illo cr ' �ry'ry T ?dO Total Postage&Fees $ .1 .�'" o r M nn h�_ _�. 1-q l oT.lLbrY1/N 1U,N1 O treet,Apt.No.W to 10�t 1)� , � or PO Box No. _1/ C;t t�V N.r(viamr o 70A— 1-7osS PS Form 3800.August 2006 See Reverse for Instructions i' rr�� f t ; r R 19 12: C Ll 1 F 1 CU €ME3ERLAND C UN, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, v. MICHAEL MEYER, Plaintiff NO. 14 -1016 CIVIL Defendant CIVIL ACTION — LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14 -1016 CIVIL Plaintiff v. MICHAEL MEYER, Defendant CIVIL ACTION — LAW AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dial a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14 -1016 CIVIL Plaintiff v. MICHAEL MEYER, Defendant CIVIL ACTION — LAW COMPLAINT NOW COMES Plaintiff, Gala Square Condominium Association, by and through their undersigned counsel, and hereby files this Complaint averring as follows: 1. Plaintiff, Gala Square Condominium Association, is a Pennsylvania non - profit corporation with a business address at 470 Nursery Drive South, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Michael Meyer, is an adult individual residing at 485 Nursery Drive North, Mechanicsburg, Pennsylvania 17055 with a mailing address of P.O. Box 534, Camp Hill, Pennsylvania 17011. 3. Defendant's property is situate within the Winding Hills Development and is also part of the Gala Square Condominium Association. 4. Defendant, as a resident within Winding Hills Development and Gala Square Condominium Association, is subject to deed covenants as set forth hereafter: 1. Purchase of a "unit" as set forth in the Declarations of Gala Square Condominium Association. 2. Purchase an "undivided interest in the Common Elements" of Gala Square Condominium Association as set forth in the Declarations. 3. Purchase the "right to use Limited Common Elements" of Gala Square Condominium Association as set forth in the Declarations. 4. Purchase the pre- established "right of ways" and "restrictions" set forth in the Declarations of the Gala Square Condominium Association. 5. Purchase the "maintenance, repair, replacement and expenses of the Common Elements" in Gala Square. 6. Purchase the "maintenance, repair, replacement and expenses of the Limited Common Elements appurtenant to the Unit ". 7. Purchase the "maintenance, repair, replacement and expenses of the infrastructure of the Winding Hills Development ". 8. Purchases a pre- existing statutory "lien for unpaid assessments ". 5. As a resident within this Condominium Association, each resident is responsible for monthly fees to Plaintiff, Gala Square Condominium Association, and fees to the Master Association, Winding Hills Development. 6. In the event of late payments or the failure of a resident to pay any of these fees, the Gala Square Condominium Association's By -Laws set forth the late fees, interest charges, collection costs, and attorney fees that a late or non - paying resident would be subject to. (See Exhibit "A" for a true and accurate copy of said By -Law provision.) 7. Separate billings are maintained by the property management company for each assessment. 8. During 2009 -2014, Defendant failed to make certain monthly assessments, failed to pay the required late fees, failed to pay certain costs, and failed to pay reasonable attorney fees owed to Gala Square Condominium Association. 9. During January, 2011, a District Magistrate Complaint was filed against Defendant resulting in a judgment being rendered against Defendant in the amount of $427.54 on May 23, 2011 for outstanding fees owed to Winding Hills Development. 2 10. Defendant fully paid this judgment amount owed for the Winding Hills Master Association fee. 11. The amount currently owed is for fees, costs, accrued interest, and reasonable attorney fees owed to Gala Square Condominium Association for this specific monthly assessment. 12. Prior to year 2011, during year 2011, and subsequent thereto, various communications were mailed to Defendant by the property manager advising him of these outstanding fees. 13. Despite numerous demands, Defendant has failed or refused to pay the outstanding association fees owed. 14. Plaintiff currently seeks the sum of One Thousand Six Hundred Sixty -One Dollars and Seven Cents ($1,661.07) in overdue association and late fees plus 15% interest, reasonable attorney fees of One Thousand Five Hundred Dollars ($1,500.00) together with costs associated with this Complaint. (See Exhibit "B" for a detailed breakdown of the amount owed.) 15. The amount at issue subjects this dispute to compulsory arbitration. WHEREFORE, Plaintiff respectfully requests judgment to be entered in its favor for One Thousand Six Hundred Sixty -One Dollars and Seven Cents ($1,661.07), late fees, 15% interest, reasonable attorney fees of One Thousand Five Hundred Dollars ($1,500.00), costs, and any further lawful recovery amounts allowed. 3 Date: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: Craig AlDieh1, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff Gala Square Condominium Association's late payment By -Law provisions : Late Charges and Interest on Delinquent Assessments. Any initial assessment not received by the Association's designated bank within five (5) days after its due date shall accrue a late charge in the amount of Thirty -five Dollars ($35.00), or such other amount as may be determined by the Executive Board, shall constitute the personal liability of the Owner of the Unit so assessed and also shall, until fully paid, constitute a lien against such Unit pursuant to Section 3315 of the Act. 1. Monthly fees are due on the 1st of each month. An initial late fee of $ 35 will be assessed against the balance due if the payment is not received by the 5th of the same month. A "Late Reminder Letter" will be sent to the Unit Owner. 2. If any balance, or an additional consecutive late payment occurs, beginning on the 60th day past the original due date, a $ 50 late fee per month will be retroactively assessed from the initial due date of any arrearage and apply to both the 1st and 2nd month. A "Certified Demand Letter" will be sent to the Unit Owner. 3. If any balance, or an additional consecutive late payment occurs, beginning on the 90th day past the original due date, a $ 75 late fee per month will be retroactively assessed from the initial due date of any arrearage and apply to the 1st, 2nd, 3`d and all subsequent months of any arrearage balance until fully paid. Additionally, a 15% interest charge will be applied to any arrearage balance, both past and future, retroactive to the initial due date. The account will be referred to the collections attorney to pursue any legal remedy, including but not limited to lien attachment, Sheriff's Sale, and other full collection proceedings. Additionally, all future monthly rents for the next consecutive (12) twelve months, (beginning at the date the attorney files legal proceeding with any local court of jurisdiction and counting forward 12 consecutive months), will be immediately due and payable in full. 4. Once the account is referred to the attorney, no further communication will transpire between the Association and the Unit Owner regarding the arrearage until the attorney releases the case. 6.3.a. Enforcement of Collection of Delinquent Assessments. Whenever a Unit Owner is delinquent in the payment of two consecutive monthly assessment payments, or, is delinquent in a total arrearage of more than $ 250 (including applicable late fees), the property management company of the Association, or person designated by the Board, shall immediately file and actively pursue to completion any and all legal actions necessary to enforce the full delinquent payment, late charges, costs, and legal fees of the delinquent assessments. A judgment or decree in any action shall include that Association's costs and reasonable attorney's fees for this action to be assessed against the delinquent Unit Owner. 3 EXHIB GCB, 3:10 PM Gala Square Condominium Association 09/11/13 Customer Balance Detail All Transactions Type Date Num Memo Amount Balance Meyer, Michael . Invoice 07/31/2012 27 Owed Balance Before 7 -31 -12 1,016.07 1,016.07 Invoice 08/01/2012 54 95.00 1,111.07 Payment 08/16/2012 1138 Monthly Dues -95.00 1,016.07 Invoice 09/01/2012 249 95.00 1,111.07 Invoice 10/01/2012 250 95.00 1,206.07 Payment 10/10/2012 1177 Monthly Dues -95.00 1,111.07 Invoice 11/01/2012 251 95.00 1,206.07 Payment 11/14/2012 1223 Monthly Dues -95.00 1,111.07 Invoice 12/01/2012 252 95.00 1,206.07 Payment 12/20/2012 1273 Monthly Dues -95.00 1,1.11.07 Invoice 01/01/2013 253 95.00 1,206.07 Payment 01/09/2013 1294 Monthly Dues -95.00 1,111.07 Invoice 02/01/2013 254 95.00 1,206.07 Payment 02/22/2013 1323 -95.00 1,111.07 Invoice 03/01/2013 352 95.00 1,206.07 Payment 03/25/2013 1346 -95.00 1,111.07 Invoice 04/01/2013 396 95.00 1,206.07 Payment 04/22/2013 1373 -95.00 1,111.07 Invoice 05/01/2013 438 95.00 1,206.07 Payment 05/13/2013 1403 -95.00 1,111.07 Invoice 06/01/2013 478 95.00 1,206.07 Payment 06/19/2013 0191 -95.00 1,111.07 Invoice 07/01/2013 518 95.00 1,206.07 Invoice 07/11/2013 FC 8 Late Fee 35.00 1,241.07 Payment 07/15/2013 1474 -95.00 1,146.07 Invoice 08/01/2013 531 95.00 1,241.07 Invoice 08/13/2013 FC 22 Late Fee 100.00 1,341.07 Invoice 09/01/2013 601 95.00 1,436.07 Invoice 09/11/2013 FC 26 Late Fee 225.00 1,661.07 Total Meyer, Michael 1,661.07 1,661.07 TOTAL o - 1,661.07 1,661.07 2015 Page 1 VERIFICATION I, CRAIG A. DIEHL, ESQUIRE, Attorney for Plaintiff, Gala Square Condominium Association, is authorized to make this Verification on Plaintiffs behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: CRAIG. DIEHL, ESQUIRE a A CERTIFICATE OF SERVICE AND NOW, the /7' ` day of March, 2014, the undersigned hereby certifies that a true and correct copy of the foregoing Complaint was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 Debra A. Fike, Legal Secretary GALA SQUARE CONDOMINIUM : IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : VS. MICHAEL MEYER, : NO. 14-1016 DEFENDANT : CIVIL ACTION - LA CIVIL TER4 ANSWER TO COMPLAINT WITH NEW MATTER 17" • CT) cp AND NOW, comes Defendant, Michael Meyer, by and through his undersigned couitse and hereby answers the Complaint in the above-captioned matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Defendant is without sufficient knowledge as to the allegation set forth in this paragraph and, therefore, the allegation is denied and proof is demanded. 5. Admitted in part; denied in part. Admitted that each resident is responsible for monthly fees to Plaintiff, Gala Square Condominium Association. The other entity to which fees are paid is Winding Hills Master Association. 6. Denied as stated. The by-laws as set forth in Exhibit A were by-laws that were only recently amended. Defendant is without specific knowledge as to the terms of the by-laws when the fees which are alleged to have been unpaid actually accrued and proof is demanded. 7. Defendant is unable to respond to the allegation of this paragraph as stated inasmuch as multiple management companies have been used by the Plaintiff over the years while, to the best of his knowledge, the Winding Hills Master Association has consistently used the same management company. Therefore, this allegation is unanswerable as stated and, therefore, is denied. 8. Denied. Proof demanded. To the contrary, since early 2011, Defendant has made each and every monthly payment, on time, and typically one month ahead of time. 9. Denied. Winding Hills Master Association has, as of this date, never initiated any legal action against the Defendant. 10. Denied as stated. The response to Paragraph 9 is incorporated herein. 11. Denied. The response to Paragraph 8 is incorporated herein. 12. Defendant is without specific knowledge in which to respond to the allegation of this paragraph and, therefore, the allegation is denied. 13. Denied. The response to Paragraph 8 is incorporated herein. 14. The allegation of this paragraph is a conclusion to which no responsive pleading is required and is, therefore, denied. By way of further answer, the response to Paragraph 8 is incorporated herein. 15. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss the claim of Plaintiff in this matter, together with an award for costs and attorneys fees. NEW MATTER 16. The responses to Paragraphs 1 through 15 are incorporated herein. 17. On January 3, 2011, Plaintiff initiated a civil complaint before the Honorable Mark W. Martin, Magisterial District Court 09 -3 -05, for monthly assessment fees for the month of July 2010 through December 2010, late fees and other costs, as well as additional fees remaining due and unpaid on the hearing date. A copy of said Complaint is attached hereto as Exhibit "A ". 18. On May 23, 2011, judgment was awarded for Plaintiff and against Defendant in the amount of $427.54 by Magisterial District Judge Mark Martin. A copy of said Notice of Judgment/Transcript Civil Case is attached hereto as Exhibit "B 19. On January 26, 2012, Entry of Satisfaction on said judgment was entered by Magisterial District Judge Mark Martin. A copy of said Satisfaction is attached as Exhibit "C ". 20. Plaintiff is prohibited from making any claim whatsoever for any sums allegedly due from any period prior to May 23, 2011, by virtue of the principles of its judicata and/or collateral estoppel. 21. Plaintiff s own records indicate that Defendant has made his regular monthly assessment payments to the Plaintiff continually and consistently in a timely manner since early 2011. 22. Plaintiff's pursuit of monies allegedly due for the period prior to May 23, 2011, is an abuse of legal process and, consequently, Defendant is entitled to costs and attorneys fees in his defense of this matter. WHEREFORE, Defendant respectfully requests this Honorable Court award judgment in his favor and against Plaintiff, dismiss the Plaintiffs Complaint, and award to Defendant reasonable attorneys fees and costs. \ 2_01A DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant Respectfully submitted, cQMMqNwEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 DJ Name: Hon. Mark W. Martin Address: 507 North York Stree Mechanicsburg, PA 17055 Telephone: (717) 766-4575 PL SE DELIVER WITHIN FIVE (5) DAYS FILING COST POSTAGE SERVICE COSTS CONSTABLE ED. TOTAL AMOUNT $ 10150 $$ �e.�U � __.^ ,~.. PLAINTIFF: CIVIL COMPLAINT NAME and ADDRESS Gaia Square Condominium Association 0/0 Property Management, Inc. P.O. Box O22 Lemoyne PA 17043-0622 DEFENDANT: Michael Meyer PO Box 534 Camp Hill, PA 17001 RE: 485 Nursery Drive North NAME and ADDRESS DocketNo.���� —~ ^��/\ ��, �. Date Filed: [~ ��-'\\ . � �. Pa.R.C.P.DJ. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $3YS-34 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): In accordance with the Declaration of Covenants, Conditions, and Restrictions of the Gala Square Condominium Association, Articie X, and Defendant(s) the foliowing to the Association: Monthly Assessment fees for the months of 07/2010 through 12/2010 in the amount of $285.00. Late fees for the months of 07/2010 through 12/2010 in the amount of $30.00. Certified mail fee for the month(s) of 12/2010 in the amount of $ 4.34. X I And additional fees remaining due and unpaid on hearing date 1, Property Management, inc, as agents for Gala Square Condo. Association verify that the facts set forth in this complaint are true and correct to the bes of my knowledge, information and belief This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) relating to unswom falsification to authorities. Signature of Plainti or Authorized A (Plaintiff's Attorney) (Address) (Phone) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGEMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plantiff which is within distric justice jurisdiction and whih you intend to assert al the hearing, you must file it on a complaint forrn at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. _N ' � ^..' AOPC 308A-05 EXHIBIT "A" COMMONWEP,I_TH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 File Copy Disposition Summary Notice of Judgment/Transcript Civil Case Gala Square Condominium Association v. Michael Meyer Docket No: MJ-09305-CV-0000005-2011 Case Filed: 1/3/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-CV-0000005-2011 Gala Square Condominium Michael Meyer Judgment for Plaintiff 05/23/2011 Association Judgment Summary Joint/Several Liability Individual Llability Amount Participant Michael Meyer $0.00 $427.54 $427.54 Judgment Detail (*Post Judgment) In the matter of Gala Square Condominium Association vs. Michael Meyer on 5/23/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $319.34 $319.34 Filing Fees $0.00 $108.20 $108.20 Grand Total: $427.54 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. S-73 ) Date Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 1 EXHIBIT "B" Printed: 05/23/2011 1 1:08:42AM Docket No.: M109305 -CV- 0000005 -2011 Addressed To: Notice of Judgment/Transcript Civil Case File Copy Recipient List Gala Square Condominium Association (Plaintiff) P.O. Box 622 C/O Property Management, Inc. Lemoyne, PA 17043 -0622 Michael Meyer (Defendant) PO Box 534 Camp Hill, PA 17011 Michael Meyer (Defendant) 485 Nursery Drive North Mechanicsburg, PA 17055 MDJS 315 Page 1 of 1 Printed: 05/23/2011 11:08:42AM COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND Mag. Dist. No: K8DJ-09-3'05 MDJ Name Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 File Copy Entry of U� Ga!a, Square Condominium Association v. Michael Meyer Docket No: 1 Case Filed: 1/3/2011 Please be advised tha the judgment entered against; Meyer, Michael and Gala Square Condominium Association has been paid in full, settled, or otherwise complied with and is hereby satisfied. '��\ ~~� k ,� _ \ ' �-� ��~ c-�-� ~~�, ) ' ' ^^- Date Signature of Judgment Creditor Any party may contend tha satisfaction should not have been entered in this matter by filing a petition to strike entry of satisfaction with the prothonotary/clerk of court of common pleas, civil division. January 26, 2012 Date Magisterial ,District Judge Mark Martin MDJS 316A EXHIBIT "C" 'Photeda1/2s/2V1212:3n:44PM • • Docket NO.: MJ-09305-CV-0000005-2011 Addressed To: Entry of Satisfaction File Copy Recipient List Gala Square Condominium Association (Plaintiff) P.O. Box 622 C/O Property Management, Inc. Lemoyne, PA 17043-0622 Michael Meyer (Defendant) PO Box 534 Camp Hill, PA 17011 MDJS 316A 1 Printed: 01/26/2012 12:36:44PM VERIFICATION I verify that the statements made in the foregoing Answer to Complaint with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Il, Date Michael Meyer CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer to Complaint with New Matter upon Plaintiff by depositing same in the United States Mail, first class, postage pre -paid on the 11th d ay of April, 2 014, from New Cumberland, Pennsylvania, addressed as follows: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 -0461 (717) 770 -2540 Attorney for Defendant L IN THE COURT OF COMMON PLEAS OF r CUMBERLAND COUNTY, PENNSYLVANIA `f Uhl `R S ND COUNT j Y Pf�f��Jf SYLVANI GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14-1016 CIVIL Plaintiff v. MICHAEL MEYER, Defendant CIVIL ACTION — LAW PLAINTIFF'S REPLY TO NEW MATTER NOW COMES Plaintiff, Gala Square Condominium Association, by and through their undersigned counsel, and hereby files this Reply to New Matter averring as follows: 16. No responsive pleading required. To the extent a response is required, the averment is denied. 17. Admitted in part, denied in remainder. It is admitted that the Plaintiff, through its Property Manager, initiated the civil complaint for unpaid monthly assessments accrued during the period from July 2010 through December 2010 for ledger account known as H1000. The instant Complaint addresses ledger account known as H3000. 18. Admitted. By way of further answer, the judgment awarded pertained to ledger account H1000 and had nothing to do with ledger account H3000. 19. Admitted. By way of further answer, the judgment satisfied pertained to ledger account H1000. 20. Denied. The prior civil suit has nothing to do with the current civil suit which is pursuing delinquent assessments, late fees, costs, and attorney fees for ledger account H3000. 21. Denied. Defendant has continued to accrue late fees and penalties on overdue monthly assessments from the time period reflected on Plaintiffs Exhibit "B" in its Complaint. Further, Defendant was continually receiving delinquent notices for ledger account H3000 prior to, during, and subsequent to the prior unrelated litigation. 22. Denied. Defendant is and was fully aware of his outstanding obligations due Plaintiff as substantiated by several communications mailed to him. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss the Defendant's New Matter, enter judgment in its favor for the amount requested in Plaintiffs Complaint, and award any further relief it deems just and reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: 11, Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff 2 VERIFICATION I, CRAIG A. DIEHL, ESQUIRE, Attorney for Plaintiff, Gala Square Condominium Association, is authorized to make this Verification on Plaintiff's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: CRAIG . DIEH , E QUIRE CERTIFICATE OF SERVICE AND NOW, the TA day of May, 2014, the undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 cer-ijA.D;aT,Cfpr` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14-1016 CIVIL Plaintiff v. MICHAEL MEYER, Defendant CIVIL ACTION — LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Craig A. Diehl, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above -captioned action is at issue. 2. The claim of Plaintiff in the action is: $1,661.07, late fees, 15% interest, and reasonable attorney fees of $1,500.00. The claim of Defendant in the action is: dismissal of complaint and reasonable attorney fees. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Craig A. Diehl, Esq. Robert P. Kline, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: Respectfully submitted, ORDER OF COURT Zr iehl, Esquire AAA- 3ag.S0 40, �. It i i SSS ¶230'la) AND NOW, this day of , 2014, in consideration of the foregoing petition, , Esq., and , Esq., and , Esq. are appointed arbitrators in the above captioned as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14-1016 CIVIL Plaintiff C) v. rnn1 MICHAEL MEYER, =' Defendant CIVIL ACTION — LAW r-- PETITION FOR APPOINTMENT OF ARBITRATORS p' TO THE HONORABLE JUDGES OF SAID COURT: -< Craig A. Diehl, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above -captioned action is at issue. 2. The claim of Plaintiff in the action is: $1,661.07, late fees, 15% interest and reasonable attorney fees of $1,500.00. i The claim of Defendant in the action is: dismissal of complaint and reasonable attorney fees. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Craig A. Diehl, Esq. Robert P. Kline, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: Respectfully submitted, By: tr- Craig A(JDiehl, Esquire coo 3aV.5o ORDER OF COURT AND NOW, this 10 day of , 2014, in consideration of the foregoing .etition, �, , ; , Esq., and moi, A10%. - , , Esq., and Esq. are appointed arbiffators in'the above captioned as prayed for. enios . 1Ji0 , gp po &2prie. ola.% VP/1"i GALA SQUARE CONDOMINIUM : IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : VS. MICHAEL MEYER, NO. 14-1016 CIVIL TERM DEFENDANT : CIVIL ACTION— LAW MOTION FOR SUMMARY JUDGMENT Michael Meyer ("Meyer"), Defendant, by and through his undersigned counsel, moves for summary judgment pursuant to Pa.R.P.Civ.P. 1035.2 against Gala Square Condominium Association ("Gala Square"). Gala Square filed this civil action for the collection of allegedly unpaid association dues. Gala Square had previously filed a civil action against Meyer which was reduced to judgment before the Magisterial District Court and which judgment was shortly thereafter satisfied by Meyer. The claim of Gala Square in this current action includes a claim for association dues and late fees accruing from association dues for, in part, the period covered by the prior judgment. Meyer requests partial summary judgment to preclude Gala Square from again seeking payment for association dues previously satisfied in the prior civil action. I. FACTUAL HISTORY AND BACKGROUND 1. The Plaintiff, Gala Square, is a non-profit corporation located in Cumberland County, Pennsylvania. 2. Defendant, Meyer, owns and resides in the property located at 485 Nursery Drive North, Upper Allen Township, Cumberland County, which is part of the Gala Square Condominium Association. 3. In January, 2011, Gala Square instituted a civil action against Meyer for the payment of monthly assessment fees, including "additional fees remaining due and unpaid on hearing date." On May 23, 2011, Magisterial District Judge Mark Martin entered judgment in favor of Gala Square and against Meyer in the amount of $427.54. On January 6, 2012, said judgment was marked satisfied by Magisterial District Judge Mark Martin. 4. A substantial portion of the amount claimed by Gala Square in its complaint includes association dues accruing prior to May 23, 2011 and late fees charged against the purported fees arising prior to May 23, 2011, despite the entry and satisfaction of the prior judgment. 5. Meyer now seeks partial summary judgment on the basis that Gala Square should be precluded from making any claim for monies allegedly owed that were subject to the prior civil action. IL DEFENDANT IS ENTITLED TO PARTIAL SUMMARY JUDGMENT IN THIS CASE AS A MATTER OF LAW 6. Gala Square has previously pursued a civil action against Meyer for unpaid association dues up through and including May 23, 2011. 7. Meyer satisfied the judgment resulting from the prior claim on January 6, 2012. 8. Gala Square's current claim includes association fees accruing prior to May 23, 2011, and late fees charged as a result of the fees due prior to May 23, 2011. 9. The factual allegation of the prior action and the present action are the same for the period prior to May 23, 2011. 10. In determining whether res judicata should apply, a court may consider whether the factual allegations of both actions are the same, whether the same evidence is necessary to prove each action, and whether both actions seek compensation for the same damages. Hopewell Estates, Inc. v. Kent, 435 Pa.Super. 471, 477, 646 A.2d 1192, 1194-95 (1994). 11. It is proper to enter summary judgment where an action is barred by res judicata or collateral estoppel. Hopewell Estates, Inc. v. Kent, 435 Pa.Super. 471, 475, 646 A.2d 1192, 1194 (1994). 12. Plaintiff, in its Answer to New Matter, alleges that the prior action was in some manner an effort on the part of Gala Square to collect association fees due to the Winding Hills Master Association. However, in their respective depositions, Ronald L. Kepner, President of the Gala Square Condominium Association, and Douglas W. LaFrance, accountant for the Gala Square Condominium Association, admitted that Gala Square does not collect fees for Winding Hills Master Association and that the Winding Hills Master Association was not identified in any manner as a party or beneficiary to the first civil action. 13. Gala Square may not merely rely on its pleadings or answers to survive summary judgment, Manzetti v. Mercy Hospital of Pittsburgh, 565 Pa.471, 482, 776A.2d 938, 945 (2001), and unsupported assertions or conclusive accusations cannot create genuine issues of material fact, Blumenstock v. Gibson, 811A.2d 1029 (Pa.Super.2002). 14. Therefore, as the factual allegations of both the prior action and the current action for the period prior to May 23, 2011 are the same, the same evidence is necessary to prove each action, and both actions seek compensation for the same damages, and as there are no genuine issues of material fact, Meyer is entitled to partial summary judgment for any association dues accruing prior to May 23, 2011, as well as any late fees arising out of any association fees purportedly due for the period prior to May 23, 2011. 15. Defendant's counsel sought concurrence from counsel for Plaintiff Plaintiff does not concur in this motion. 16. This matter has not previously been assigned to a Judge of the Court of Common Pleas of Cumberland County. However, the Honorable Kevin A. Hess, P.J., did appoint a panel of arbitrators in this matter at the request of Plaintiff WHEREFORE, Defendant Michael Meyer respectfully requests this Honorable Court to grant partial summary judgment in his favor and against Plaintiff, Gala Square Condominium Association, and to preclude Plaintiff from making any claim whatsoever for any association dues purportedly due prior to May 23, 2011, or any late fees accruing from association dues purportedly due prior to May 23, 2011, and further to award attorneys fees, costs, and expenses, as well as costs of suit to the Defendant. Respectfully submitted, Z3 DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Motion For Summary Judgment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Michael Meyer CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Motion For Summary Judgment upon Plaintiff by depositing same in the United States Mail, first class, postage pre -paid on the 23,1 day of September, 2014, from New Cumberland, Pennsylvania, addressed as follows: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant GALA SQUARE CONDOMINIUM H IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : VS. MICHAEL MEYER, : NO. 14-1016 DEFENDANT : CIVIL ACTION - LA PRAECIPE TO THE PROTHONOTARY: CIVIL TERM Please file the fol owing transcripts: 1. Deposition of Ronald L. Kepner, dated August 11, 2014; 2. Deposition of Douglas W. LaFrance, dated August 11, 2014. Respectfully submitted, Robert P. Kline, Esquire Attorney ID #58798 Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 Attorney for Michael Meyer (7) rn r— > r7-0, CI) • . rn Lr CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe upon Plaintiff by depositing same in the United States Mail, first class, postage pre -paid on the 23rd day of September, 2014, from New Cumberland, Pennsylvania, addressed as follows: Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant 1 GALA SQUARE CONDOMINIUM: IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. MICHAEL MEYER, : NO. 14-1016 CIVIL DEFENDANT : CIVIL ACTION - LAW ORIGINAL DEPOSITION OF: RONALD L. KEPNER TAKEN BY: Defendant BEFORE: Amy R. Fritz, Court Reporter Notary Public DATE: August 11, 2014, 1:38 p.m. PLACE: APPEARANCES: Kline Law Office 714 Bridge Street New Cumberland, Pennsylvania LAW OFFICES OF CRAIG A. DIEHL BY: CRAIG A. DIEHL, ESQUIRE FOR - PLAINTIFF KLINE LAW OFFICE BY: ROBERT P. KLINE, ESQUIRE FOR - DEFENDANT ntral Pe nwatia rt Reporting Services 00-863-3657 • 717-258-3657 • 717-258-0383 fax courtreporters4u @aol. corn 2 DEPONENT Ronald L. Kepner INDEX TO TESTIMONY EXAMINATION By Mr. Kline INDEX TO EXHIBITS PAGE 3 NO. DESCRIPTION PAGE 1 Notice of Judgement/Transcript Civil Case Gala Square Condominium Association v. Michel Meyer 6 CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 STIPULATION It is hereby stipulated by and between the respective parties that signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved until the time of trial. RONALD L. KEPNER, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MR. KLINE: Q. Good afternoon, Mr. Kepner. My name is Rob Kline. As you know, I'm the attorney for Michael Meyer in the case involving Gala Square that they filed against Mr. Meyer. And the primary reason we're here today is to clarify some answers in regard to the interrogatories since they came to me without any type of verification. So what I have in front of me are the responses to the interrogatories as I received them. I'm going to ask you some questions. I may ask you to read some of the questions and answers, and I may have a few follow-up questions. And honestly I don't expect this to be a very long deposition. CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Everything that I'm saying and everything that you're going to say is going to be recorded by the Court Reporter here; so if your answer is a yes or a no answer, say yes or say no. She can't record you nodding your head. A. Okay. Yes. Q. Are you under the influence of any medications or anything like that that might affect your ability to answer questions today? A. No. Q. And state your name so it's on the record. A. Ronald L. Kepner. Q. And where do you reside? A. 470 Nursery Drive South, Mechanicsburg, Pennsylvania. Q. And what is your capacity with the Gala Square Condominium Association? A. I am the current President of the Board. Q. In your capacity as President of the Board, did you assist in the preparation of the Answers to these Interrogatories? A. Are they the interrogatories that we sent to you, sent to your office? Q. Yes. A. Okay. Yes. CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Q. And, in fact, Interrogatory 1 says, state the name and address and phone number of the individual preparing these answers, and it identifies you as one of the preparers. A. Yes. Then that's the interrogatories. I just wanted to make sure it was the same set. Q. I'll cut to the chase and go to Interrogatory Number 5, and this is exactly what we received. I'm going to ask you to read, I guess which is the paraphrased, either by your attorney or by someone else, version of the question that was asked. And would you please state for the record what question number 5 indicates. A. Number 5, identify the specific authority under which Plaintiff is entitled to make claim under its name from the Defendant for any funds due to any other entity including Winding Hills Master Association. Q. And what is the answer that was provided in those interrogatories? A. Gala Square Condominium Association does not collect fees for Winding Hills Master Association or any other entity. Q. Is that a true statement? A. Yes. Q. I'm going to ask you again to do the same CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 thing, read the question to number 6. A. Describe the distinction between the ledger account known as H-1000 and the ledger account known as H-3000 as referenced in Plaintiff's Reply to New Matter. Q. And the answer? A. The answer: The ledger known as H-1000 is the PMI ledger associated with Winding Hills Master Association, and the ledger known as H-3000 is the PMI ledger associated with Gala Square Condominium Association. Q. And to the best of your knowledge, is that a true statement? A. Yes, that is a true statement. (Defendant's Exhibit No. 1 was marked.) BY MR. KLINE: Q. Mr. Kepner, I'm going to show you what I've marked as Defendant's Exhibit Number 1. I'm going to tell you that this is a copy of a transcript of a magisterial district court proceeding that we had received from the Office of Judge Mark Martin. Please indicate for me who it identifies as the parties being. A. The paper says Gala Square Condominium Association v. Michael Meyer. Q. And I'm going to ask you to review this and indicate to me where on any of these documents, whether CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f(717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 it be the Complaint, the Notice of Judgment or the Entry of Satisfaction that there's any reference to the Winding Hills Master Association. A. (Perusing document.) I don't see any reference to those terms other than the signature of Michelle Williams. She was the representative agent of both Winding Hills Master Association and Gala Square Condominium Association. Q. But Winding Hills -- A. Winding Hills, itself, is not anywhere that I see. MR. KLINE: Okay. That's all I have really, thank you, unless Mr. Diehl wants to follow up with anything else. MR. DIEHL: Nothing further of Mr. Kepner. (The deposition concluded at 1:48 p.m.) CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND I, AMY R. FRITZ, a Court Reporter -Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of RONALD L. KEPNER. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down stenotype by the said Reporter -Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 21st day of August, 2014. NOTORIAL SEAL AMY R. FRITZ, NOTARY PUBLIC BOROUGH OF CARLISLE, CUMBERLAND COUNTY MY COMMISSION EXPIRES SEPTEMPER 22,:2014 Notary ubli:e CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ Name: P ddress: Telephone: MDJ-09-3-05 Honorable Mark Martin 507 North York Street Mechanicsburg, PA 17055 717-766-4575 File Copy Disposition Summary Docket No Plaintiff Defendant MJ -09305 -CV -0000005-2011 Gala Square Condominium Michael Meyer Association Notice of Judgment/Transcript Civil Case Gala Square Condominium Association V. Michael Meyer Docket No: MJ -09305 -CV -0000005-2011 Case Filed: 1/3/2011 Disposition Disposition Date Judgment for Plaintiff 05/23/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Michael Meyer $0.00 $427.54 $427.54 Judgment Detail (*Post Judgment) / 0 In the matter of Gala Square Condominium Association vs. Michael Meyer on 5/23/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $319.34 $319.34 Filing Fees $0.00 $108.20 $108.20 • Grand Total: $427.54 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 1 Printed: 05/23/2011 11:08:42AM • Docket No.: MI0p305-CV-0000005-2011 Addressed To: Notice of Judgment/Transcript Civil Case File Copy Recipient List Gala Square Condominium Association (Plaintiff) P.O. Box 622 C/O Property Management, Inc. Lemoyne, PA 17043-0622 Michael Meyer (Defendant) PO Box 534 Camp Hill, PA 17011 Michael Meyer (Defendant) 485 Nursery Drive North Mechanicsburg, PA 17055 MDJS 315 Page 1 of 1 Printed: 05/23/2011 11:08:42AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ Name: MDJ-09-3-05 Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 File Copy MEM Entry of Satisfaction Gala Square Condominium Association V. Michael Meyer Docket No: MJ -09305 -CV -0000005-2011 Case Filed: 1/3/2011 Please be advised that the judgment entered against; Meyer, Michael and Gala Square Condominium Association has been paid in full, settled, or otherwise complied with and is hereby satisfied. 1-2,Lp4a on Date Signature of Judgment Creditor Any party may contend that satisfaction should not have been entered in this matter by filing a petition to strike entry of satisfaction with the prothonotary/clerk of court of common pleas, civil division. January 26, 2012 /1/,,/ -(- Date Magisterial District Judge Mark Martin MDJS 316A 1 Printed: 01/26/2012 12:36:44PM • Docket 1•16.: MJ -09305 -CV -0000005-2011 Addressed To: Entry of Satisfaction File Copy Recipient List Gala Square Condominium Association (Plaintiff) P.O. Box 622 C/0 Property Management, Inc. Lemoyne, PA 17043-0622 Michael Meyer (Defendant) PO Box 534 Camp Hill, PA 17011 MDJS 315A Printed: 01/26/2012 1a36:44PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 DJ Name: Hon. Mark W. Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: (717) 766-4575 PLEASE DELIVER WITHIN FIVE (5) DAYS FILING COSTS POSTAGE SERVICE COSTS CONSTABLE ED. TOTAL CML COMPLAINT PLAINTIFF: NAME and ADDRESS Gala Square Condominium Association C/O Property Management, Inc. P,O. Box 622 Lemoyne PA 17043-0622 VS. DEFENDANT: NAME and ADDRESS Michael Meyer PO Box 534 Camp Hill, PA 17001 RE: 485 Nursery Drive North Docket No.:cv..., 5_1 Date Filed: Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 319.34 together with sts upon the following claim (Civil fines must include citation of the statute or ordinance violated): accordance.with the Declaration of Covenants, Conditions, and Restrictions of the Gala Square Condominium Association, Article X, and Defendant(s) the following to the Association: Monthly Assessment fees for the months of 07/2010 through 12/2010 in the amount of $285.00. Late fees for the months of 07/2010 through 12/2010 in the amount of $30.00. Certified mail fee for the month(s) of 12/2010 in the amount of $ 4.34. And additional fees remaining due and unpaid on hearing date , Property Management, Inc, as agents for Gala Square Condo. Association verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) relating to unsworn falsification to authorities. (Signature of Plaintiff or Authorized Agent) (Plaintiff's Attorney) (Address) (Phone) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGEMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plantiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least Five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within 411,Istr:t justice jurisdiction, you may request information from this office as to the procedures you may follow. 'JAN 032(1 AOPC 308A-05 1 GALA SQUARE CONDOMINIUM: IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. MICHAEL MEYER, : NO. 14-1016 CIVIL DEFENDANT : CIVIL ACTION - LAW SRI DEPOSITION OF: DOUGLAS W. LaFRANCE TAKEN BY: Defendant IA/AL BEFORE: Amy R. Fritz, Court Reporter Notary Public DATE: August 11, 2014, 1:50 p.m. PLACE: Kline Law Office 714 Bridge Street New Cumberland, Pennsylvania APPEARANCES: LAW OFFICES OF CRAIG A. DIEHL BY: CRAIG A. DIEHL, ESQUIRE FOR - PLAINTIFF KLINE LAW OFFICE BY: ROBERT P. KLINE, ESQUIRE FOR - DEFENDANT ALSO PRESENT: F7za.ae.pn,e r ntral ` 'ennslvania /u.rt Reporting Services 100-863-3657 • 717-258-3657 • 717-258-0383 fax courtreporters4u@aol. corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 INDEX TO TESTIMONY DEPONENT EXAMINATION PAGE Douglas W. LaFrance By Mr. Kline 3 By Mr. Diehl 6 INDEX TO EXHIBITS NO. DESCRIPTION PAGE (None.) CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 STIPULATION It is hereby stipulated by and between the respective parties that signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved until the time of trial. DOUGLAS W. LaFRANCE, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MR. KLINE: Q. Mr. LaFrance, I understand you just gave the reporter your name, but can you please state your name again for the record. A. Douglas W. LaFrance. Q. And your address, please. A. The address is 129 South York Road, Dillsburg. Q. And what is your role or capacity with the Gala Square Condominium Association? A. I'm an outside accountant. Q. Okay. So you're an accountant hired by the Association? You're not actually an officer of the Association? CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 A. Yes, am not an employee of the Association. I'm an independent contractor. Q. Okay. How long have you had that capacity? A. With Gala Square, since March of 2013. Q. So you were not involved with Gala Square back in 2011? A. No. Q. The purpose of today's deposition from my standpoint is to just clarify some information that was provided in the interrogatories which were not verified, so I need to basically follow through and ask you a few questions regarding those interrogatories. A. Okay. Q. These are the interrogatories as they were received by my office, and what I'm going to do is pull a couple of questions, ask you to read those for the record, and then I'll ask you to read the answer. Start with Number 5 which is a paraphrased verse of the original question but I think it satisfies our purposes so I'll ask you to read that. I don't know if that was paraphrased by someone at Gala Square or by Gala Square's attorney. But in any case, I'll ask that you read that question for the record. A. Okay. Identify the specific authority under which Plaintiff is entitled to make claim under its name CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 from the Defendant for any funds due to any other entity including Winding Hills Master Association. Q. And the answer that was provided? A. Gala Square Condominium Association does not collect fees for Winding Hills Master Association or any other entity. Q. To your knowledge, is that a true statement? A. That is correct. Q. I'm going to go to Number 6 as well. I'm going to ask you to read the question that's identified as Number 6. A. Okay. Describe the distinction between the ledger account known as H-1000 and the ledger account known as H-3000 as referenced in Plaintiff's Reply to New Matter. Q. And the Answer? A. The ledger account known as H-1000 is the PMI ledger associated with Winding Hills Master Association, and the ledger known as H-3000 is the PMI ledger associated with Gala Square Condominium Association. Q. To the best of your knowledge, is that a true statement? A. Yes. Q. I am going to show you a document that's marked as Defendant's Exhibit Number 1. I'm going to CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f(717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 describe this to you. This is a photocopy of the transcript that was provided to my office by Judge Mark Martin in regard to a civil action from back in 2011 before you were involved with Gala Square. A. Okay. Q. What I'm going to ask you to do is review that document and then tell me where you can identify anywhere on that document where the Winding Hills Master Association is identified. A. (Perusing document.) I don't see Winding Hills on this document. MR. KLINE: Thank you very much. That's all I have unless Mr. Diehl has any questions. MR. DIEHL: I have a few follow-up questions. EXAMINATION BY MR. DIEHL: Q. Mr. LaFrance, you indicated you became involved with Gala Square Condominium Association in March of 2013. Is that correct? A. Yes. That's when I took over the books. Q. Prior to your association in the current capacity prior to March of 2013, were you familiar with what PMI was collecting on behalf of Winding Hills and/or Gala Square? A. No. I had no knowledge of, any knowledge CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 prior to that. Once I received the documents, I could review the documents, the history they'd given me; but prior to my coming on in March, I had no knowledge. Q. So you had no relationship whatsoever with PMI, Winding Hills or Gala Square prior to March of 2013? A. March is when I took over the books. They actually contacted me, I believe it was in January or February for the first time, but I didn't take over any of the functioning until March when it was turned over from ATI. Q. Attorney Kline has set forth in front of you an Exhibit Number 1 showing a prior hearing that occurred between Mr. Meyer over some delinquent fees. Were you familiar with that proceeding at all? A. No. Q. So you don't know whether the parties are accurate, whether the amounts are accurate? You know nothing about that? A. No. I wouldn't have any direct knowledge of that. MR. DIEHL: Okay. That's all I have. (The deposition concluded at 1:55 p.m.) CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com 8 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND I, AMY R. FRITZ, a Court Reporter -Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of DOUGLAS W. LaFRANCE. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down stenotype by the said Reporter -Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 21st day of August, 2014. NOTORIAL SEAL AMY R. FRITZ, NOTARY PUBLIC BOROUGH OF CARLISLE, CUMBERLAND COUNTY MY COMMISSION EXPIRES SEPTEMPER 22,,2014 Notary P b is CENTRAL PENNSYLVANIA COURT REPORTING SERVICES P.O. Box 508 Carlisle, PA 17013 *** (717) 258-3657 *** f (717)258-0383 *** courtreporters4u@aol.com GALA SQUARE CONDOMINIUM : IN THE COURT OF COMMON PLEAS OF ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. MICHAEL MEYER, Defendant : CIVIL ACTION - LAW : NO. 14-1016 CIVIL ORDER AND NOW, this Zeday of October, 2014, the appointment of K. Edward Raleigh, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Bradley Baird, Esquire, is appointed in his place. ne Pecht, Esquire Chairman Court Administrator :rlm VL rI ifel *LEL 31 /0/A4fri BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GALA SQUARE CONDOMINIUM ASSOCIATION, NO. 14-1016 CIVIL Plaintiff v. MICHAEL MEYER, Defendant CIVIL ACTION — LAW 21,11110CT 22 Ell 1:16 wq.,11,A PLAINTIFF'S ANSWER TO MOTION FOR SUMMARY JUDGMENT NOW COMES Plaintiff, Gala Square Condominium Association, by and through its undersigned counsel, answering the Motion for Summary Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in remainder. The prior civil action pertained only to unpaid monthly assessments accrued during the period from July 2010 through December 2010. The amount sought and collected in this prior action was owed to the Winding Hills Development Master Association, which Plaintiff's property management company at the time maintained on a separate ledger account known as H1000. The amount sought in the instant Complaint specifically addresses assessments, late fees, costs, and attorney fees owed to Plaintiff, which were maintained on a different ledger account known as H3000. 4. Admitted in part, denied in remainder. It is admitted that Plaintiff seeks to collect amounts due and owing to it prior to May 23, 2011. It is denied that these amounts were a part of the prior judgment awarded in favor of Plaintiff. The amount Plaintiff seeks to collect in the instant Complaint pertains to assessments, late fees, costs, and attorney fees which accrued on a separate ledger account maintained by Plaintiff's property management company. 5. Denied. The claims being pursued are different than the claims in the prior litigation. 6. Admitted. By way of further answer, the amount collected on the prior civil action pertained to assessments owed to the Winding Hills Development Master Association and has nothing to do with the amount sought in the instant Complaint. 7. Admitted. 8. Admitted. By way of further answer, the amount sought in the instant Complaint include assessments, late charges, costs, and attorney fees that accrued on a separate ledger account maintained by Plaintiff's property management company. Defendant has continued to receive delinquent notices for the unpaid fees and costs owed to Plaintiff prior to, during, and subsequent to the prior action. 9. Denied. The amount collected on the prior action dealt exclusively with amounts owed to Winding Hills Development Master Association. The amount sought to be collected in the instant Complaint addresses fees and costs owed to Plaintiff, which were kept on a separate ledger account by Plaintiff's property management company at the time. 10. Denied. The averment contains a conclusion of law to which no responsive pleading is required. 11. Denied. The averment contains a conclusion of law to which no responsive pleading is required. 12. Admitted in part, denied in remainder. Defendant is a resident of both the 2 Winding Hills Development and Plaintiff, and the restrictive covenants contained in his deed specifically state that he is subject to monthly assessments to both entities. From 2006 through 2012, the same property management company collected these monthly assessments for both Plaintiff and Winding Hills Development prior to the listed individuals becoming involved. The prior suit addressed only those assessments, late fees and costs directly attributable to Winding Hills Development. Defendant has yet to pay, and continued to receive billing notices, for those amounts owed to Plaintiff prior to, during, and subsequent to the 2011 litigation. 13. Denied. The averment contains a conclusion of law to which no responsive pleading is required. 14. The averment contains a conclusion of law to which no responsive pleading is required. To the extent that a response is required, the averment is denied. 15. Admitted. 16. Admitted. WHEREFORE, Plaintiff respectfully requests that Defendant's request for Summary Judgment be denied. Date: By: 3 Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL a Craig A ,t iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff VERIFICATION I, Ronald L. Kepner, on behalf of Gala Square Condominium Association, is authorized to make this Verification on Plaintiff's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: /0 // onald L. Kepner 4 CERTIFICATE OF SERVICE AND NOW, the 07/ day of October, 2014, the undersigned hereby certifies that a true and correct copy of the foregoing Answer to Motion for Summary Judgment was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 kaiit„a, Debra A. Fike, Legal Secretary c�/ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the ext w- Argument Court.) c -T; CAPTION OF CASE mp Cri ca rri -.- = -� (entire caption must be stated in full) m' -0F,; cn r7. IN.) :7) CD i GALA SQUARE CONDOMINIUM ASSOCIATION r—_.< te- C:71`moo' s -1 vs. = _ n • MICHAEL MEYER - o CD ' i No. 14-1016 CIVIL Term -` 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion For Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Craig A. Diehl, Esquire (Name and Address) 3464 Trindle Road, Camp Hill, PA 17011 (b) for defendants: Robert P. Kline, Esquire (Name and Address) 714 Bridge Street, P.O. Box 461, New Cumberland, PA 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 19, 2014 (.SN) Date: 2 L-) )t) -au 2o-) Signature 644 R J s) Print your name Michael Meyer, Defendant Attorney for INSTRUCTIONS: 1. Original and two copies of a II briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) afterthe case is relisted. 419.73-eci� ('# tilos ,313999 GALA CONDOMINIUM ASSOCIATION, Plaintiff vs. MICHAEL MEYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 144849 CIVIL 1016 ORDER AND NOW, this 2,-/- day of December, 2014, the appointment of Bradley Baird, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Christine Consiglio, Esquire, is appointed in his place. BY THE COURT, -----1.6 Kevin . ess, P. J. Pecht, Esquire Chairman Court Administrator :rlm Co fritEcLi 12- GALA SQUARE CONDOMINIUM ASSOCIATION Plaintiff, v. MICHAEL MEYER Defendant (Comp of tumberCottb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-1016 Civil Term IN RE: MOTION FOR SUMMARY JUDGMENT Me BEFORE HESS, EBERT, AND PLACEY JJ. Ci) ORDER OF COURT AND NOW, this 13th day of January 2015, upon consideration of the- 7i eLOCr) Defendant's Motion for Summary Judgment, and following Argument on the Motion, Defendant's requested relief is GRANTED. It is hereby ORDERED that Plaintiff is precluded from making any claim regarding association dues due prior to 23 May 2011 or any late fees accruing from association dues allegedly due prior to 23 May 2011. Although Ledger H1000 and H3000 are separate documents, claims under both ledgers should have been brought in the same action by the prior accounting agency. That agency commenced .the suit on behalf of Plaintiff for whom judgment was requested and received for the assessments, fees, and costs through the hearing date. The amounts in both the 2012 controversy for the H1000 ledger and the fees for the H3000 ledger prior to 23 May 2011 arise out of the same cause of action, require the same evidence necessary to prove the debt in each instance, arose from nonpayment of dues on the same parcel of land, and would compensate for nearly identical damages. Accordingly, res judicata applies to the aforementioned dues and fees for Ledger H3000 which are being sought in the present and as such, summary judgment is proper. BYT , Thomas/A.'Placey C.P.J. Distribution: ./Robert P. Kline, Esq. ,./Graig A. Diehl, Esq.