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Home My WebLink About14-1210 Supreme Co ennsylvania COu f:CQ II U Pleas For Prothonotary C/se Dnly r C CU 1 C�1 1 COUIIty �' WU \ . 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 lmv or rules of•court: T Commencement of Action: Complaint Writ of Summons El Petition 5 Transfer from Another Jurisdiction 0 Declaration of Taking '�t Lead Plaintiff's Name: Lead Defendant's Name: C Kenneth A. Kreiger Mary Davis Egg Dollar Amount Requested: within arbitration limits Are money damages requested? 0 Yes. No (check one) E3outside arbitration limits NO Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? l3 Yes l) No f �f Name of Plaintiff/Appellant's Attorney: [l Check here if you have no attorney(are a.Self-Represented [.Pro Se] Litigant) Nature of the Case: Place an"X"to the:left ofthe ONE case:category that most accurateI descnt es your 4 P1ZMARY::CASLr`.Tf you:are making more thari:one.type of elatm,che7 kth e`one that you;constder most'important TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional l3 Buyer Plaintiff Administrative Agencies ti E3 Malicious Prosecution Q Debt Collection:Credit Card Q Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance Q Dept.of Transportation Premises Liability ® Statutory Appeal:Other S� 0 Product Liability(does not include mass tort) [3 Employment Dispute: E Discrimination Slander/Libel/Defamation Oth Employment Dispute:Other Zoning Board er: Other: � T 13 Other: MASS TORT ' Asbestos 0 Tobacco 2 Q Toxic Tort-DES Q Toxic Tort-Implant RED,,PROPERTY MISCELLANEOUS ° Toxic Waste Other: 0 Ejectment 0 Common Law/Statutory Arbitration Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 3 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order yy PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto . 0 Dental 0 Partition l Replevin x 0 Legal Quiet Title I? Other: El Medical Other: Petition For injunction Other Professional: ...». Updated 1/1/2011 Kenneth A. Kreiger IN THE COURT OF COMMON PLEAS OF 120 Cottage Road CUMBERLAND COUNTY, PENNSYLVANIA Shippensburg, PA 17257 ' Plaintiff N 6. 'q `' I d_1 CIVIL COMPLAINT VS. PETITION FOR INJUNCTION r Mary Davis(Treasurer) ; Cottages of Shippensburg Association ,�',, =7- ; 130 Senior Drive , Shippensburg, PA 17257 ORAL ARGUMENT REQL TElt t: _ Defendant For myself, and on behalf of the residents of the Cottages of Shippensburg who are members of the Cottages of Shippensburg Association,also known as the CSA requests that the court require Mary Davis,treasurer of the CSA to produce all financial records for the fiscal year of 2013. Mary Davis, treasurer of the CSA,has refused to turn over the financial records for the fiscal year 2013. By majority vote of the membership of the CSA, at it's November 2013 meeting, an audit and an Audit Committee of their peers,was voted on and approved. The financial records were to be handed over to the audit committee, after the December 2013 CSA meeting and no later that December 31,2013. WHEREFORE,the plaintiff asks for judgment against defendant, as follows: 1. Issue an immediate freezing injunction to prevent the CSA from disposing of or dealing with it's assets. 2. For an order requiring defendant to turn over a112013 CSA financial records for audit. 3. For any attorney fees incurred. 4. For filing cost and any other costs incurred. 5. For such other and further relief as the court deems proper. ATTACHED: Exhibit A Statements of witness to vote Exhibit B Proof of delivery of request letter Exhibit C CSA governing by-laws DATED: vZ aL 1-1 I i SIGNATURE: a&tu 75�t Kenneth A.Kreiger IN THE COURT OF COMMON PLEAS OF 120 Cottage Road CUMBERLAND COUNTY,PENNSYLVANIA Shippensburg,PA 17257 Plaintiff CIVIL COMPLAINT VS. Iy ✓� �' � Mary Davis (Treasurer) No. Cottages of Shippensburg Association 130 Senior Drive Shippensburg,PA 17257 Defendant 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 withing 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 of any money claimed or any other claim or relief requested by the Plaintiff.You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPERTO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER,OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service—Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 VERIFICATION 1 verify that the statements made in the foregoing Petition are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Kenneth A. Kreiger, Plaintiff EXHIBIT A Page 1 of 1 I, Clairene L. Jones, am a resident at the Cottages of Shippensburg, 315 Dwelling Ct., Shippensburg, PA 17257. 1 am also a member of the Cottages of Shippensburg Association, also known as the CSA. At the November 2013 meeting of the CSA, I made a motion to have the financial records audited by a committee of 3 residents/members. The motion was seconded and passed by a majority vote of the membership. The treasurer was to hand over the financial records, after the December 2013 meeting and prior to December 31 st, 2013. The treasurer has refused to hand over any and all financial records of the CSA to the audit committee. Respectfully submitted, http://web.mail.comcast.net/zimbra/mail?app=mail 2/26/2014 EXHIBIT B Cottages of Shippensburg Association c/o: Mary Davis 130 Senior Drive Shippensburg, PA 17257 February 18, 2014 RE: Cottages of Shippensburg Association Financial Audit Attn: Mary Davis/Treasurer Cindy Ferry/President It was decided by majority vote at the November meeting of the Cottages of Shippensburg Association that a committee would be appointed to conduct an audit of the financial records. The motion was made and carried by the membership of the association, appointed to the committee to conduct the audit were Mary Leonard, Kenneth Kreiger and Chairperson Clairene Jones. After repeated requests for the Cottages of Shippensburg Association financial records and being denied. We will now put one final request in writing and delivered by the USPS to the officers of the Cottages of Shippensburg Association to obtain the financial records of the association. We look forward to you voluntarily providing the financial records of the Cottages of Shippensburg requested,to the audit committee chairperson with-in five days of receipt of this letter to avoid taking further action. A Resident&Association Member, Kenneth Kreiger USPS.com®-USPS Tracld*rm bttps://tool s.usps.com/go/TrackConfirmAction.action?tRef--fullpage... F.nplith cusl'onerService usps Mobile, RegisterlSignln USP.S.Ct,,./I DI• Search USPS.com or Trade Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Customer USPS Tracking"rm > Have questions?We're here to help. Tracking Number:70132830000014357208 Expected Delivery Day:Wednesday,February 19,2014 Product & Tracking Information Available Actions Postal Product: Features: First-Class Mail® Certified Mail's Email Updates DATE 6 TIME STATUS OF ITEM LOCATION February 19,2014, Delivered SHIPPENSBURG,PA 17257 11:32 am February 19,2014 Depart USPS Sort HARRISBURG,PA 17107 February 19,2014,11:14 Processed at USPS HARRISBURG,PA 17107 am Origin Sort Facility February 18,2014,9:38 Processed at USPS HARRISBURG,PA 17107 pm Origin Sort Facility February 18,2014,6:30 Dispatched to Sort SHIPPENSBURG,PA 17257 pm Facility February 18,2014,1:58 Acoeptano: SHIPPENSBURG,PA 17257 pm Track Another Package WhaVs your tracking(or receipt)number? Track It LEGAL ON USPS,COM ON ABOUT,USPS.COM OTHER USPS SITES Privacy Policy, Gokemment Services> About USPS Hare) Business Customer Gateway) Terms of Use, Buy Stamps&Shop) Newsroom) Posted Inspectors) FOIA, Print a Label with Postage> USPS Service Alerts> Inspector General) No FEAR Act EEO Dale, Customer Service, Farts&Pubicatiom, Pasted E)pbrer,, Delivering Solutions to the Last We) Careers) Site Index, MU$/', rOM i CopyrighlQ 2014 USPS.AN Rghts Reserve& 1 of 1 2/24/2014 8:38 PM EXHIBIT C BYLAWS OF THE Article 1: Name The Re&-ident Association shall be known aq The Cottages of Shippensburg A ssoci a ti on (C SKA) Article IT: Objec tar gs (a) To tlevolop an to smelal. activities for the r idents of the com-'imninit em Y (b) T-6. provide companionship and em I i ghtenmetit to,the Residents, of the C 0 1 TLi j n i vi i i v t1 i ro u g h a p pi xip rifite and desired pre gmims and m aim fiess, Article Hl: Membership (a The membership offbi� ()'rp, '01 ze fimite(f. to all persons, a1117�ftfj n WirIl b r Id-ng at mi I _31 i i p p-c.-n sht[r g. A ruck I V- Officers — Election 0- i) TfIc Office's klial , tic President, 'Vice President, Secretzjy and Treasurer. (b): Elections will b,v, beld nt the Noveniber Meeting and ea,cb November thereafter. Wifl i, the exception oftht CSI 's first year, where a I-Yr te.n.n. vvilit ibiptemenix-A. Candi,deites, wi-Ithe nomi-tuated the month I'mor to the election, norm n ations w i1 I be laken and B a I lots wit'I be prepared", for the November meeti jig. A I I voti ng wi I I be don c by written. bal lot. (d) To the event ofa tie, the candidates., will have an opportunity to addre-SSI the IZA (Re. pdant's, As!.;mclation) after whkh a second ballot will be taken, (e) I f a vacancy ovemn'-', in on c of U ic Offircer positions, the- Pres ide.nt wl.1.1 fil I the position !66r fliz renui i ode r of the terin by ztppoi nti ng, an, indivi dual on!y after getting, majorilty consent from.the (Aher Officers. Articles, V. Dutigs .of Offlice-Js (a) xvil.) preside over all meetings, and be responsible for C111suringth at th(-,, cfbi,cefivesof the CS#,A are can-led out fully. Al I C,0111,11ittees, will ivport to the Presidelit (b) The Vice Presv�,ideni will. assist. the President in all ducles, to ensure that J the o jevtivcss of the CS'WA, carried out fuller_ In Case of the ab.gv_,nCc of the pre-si,clent, the Vice.-Pre-ai-I'lent wi I I re We twer all ineetin&,i. The Vice Pr esideni will die responsible for ensuring, proper notification of meefirngs duly gilven to -the Office. H] keep tine. m'n (c) The ,Secretary w utes to. ti -je 1,-,neetings, ma ntai.zn-. a 161 of the offi-icers and piny commiftee n,ternbersT TheTv.-masurej- sh,sh collect al[` monies of the organizAilonitind eposh them inflie approved b�;mk. The President. and Treasurer will be designated as sigpiatories, Thy f, rcasurer will -pay all approved bi'lls, render an. onal a.(.=tjn4, at each mi"- in and provide a written year end, re.,P on. f Or th e fan Ua ty (e.) Each o' Cr, afier ex.piration, of their terni of OffiCe., will present to r - their sume�,-,--,or all books, paperwork and other po rt the off-'ice. Artic I e V 1: Tigre and Place of Meeti ngs (a) Nt"fings, will be In the community room i L Ve -it 200 Senior Dri A,rd(,,1c 11 These ky-laws may he amen- ded by presenting, (he cbaiiges irt wri tin gto the CS*A and shall be re-,id ,ttild, voted upon, at--the r_g�Uj r meeti e , a - ing. 1"wo-tbird5 vote, of the rnembers presbnt will be allowed for pi.,-oposed changes to the by- laws. flow Funds/Monies witl be handled (a) All monies that are currently in the activity account will be transferred over to flie Tenant Org-in"7 '4 %lo I %ttion a. st. ,n -ws fbey are appointed to the office. (b) lli-e officers of the organ i zation gill, be thhe on IX one-s that wil I` be able to use, and iull on E es -on the account. A g in, onlTl-[P COTTAGES SHOPPiNSBURIG ASSOCIATION handle thig WCO-Utlt. (c) TheTreasurer wil], be the officer keopin b - k r . g the oo -�,s fir the orp.mization. Account balances(s), repiorts, etc. wfl.11)e weer at the k Th's begin niJigy offlic meeti-CIg e(jell I i]Ile tile A-,O rnffi"ttee� 11-jeetS.r I Wil] lie]p,to kezp everyo6c in fibrined, or "in the loo P ass some \Xvoij I d say. Some 11iings, jju--� CSKA Will Be Focusing On (a) Sub-cornmittees xvill be fortiied by the C ,A to help with activities--, etc. (example: Tlicire nia-y- be! tri., cnafts committee or a bre,-tkficist corrinnitte-c., The porson(-9) appoiniet! to these sub-conarnittees wij! be 1h,le for dui parti oul ar a.Ctivi Cy res pon s (b) The in -b ---dividw ti d- ppoint ,need to au sp ,end flie aoJvity in-which they are. res. onsible (c) CSIgA, offieci (Preside-�nt, Vice Preside t, Tre.-,Lsure are not requiret: to :avend evcry araivity or fianction. However they will be C., "ve xud tio, -atlend ;as marmyactivifies as they can (remember officers., you re the voicg� insl2inition and leadership of the (d) The Offli cc wi I I be, mtgpon,si b]e for puning, together and Maintaining a m hl i ont r-wsletter For flit e L t -e coinniunity. Y (C) Times Of tree com-mitleerneelings will be selected by m(jority vote from thte organizatioii., ii or C lari fita ition The activity, rnoney jh,,it is put in the budget for the property, is for mxiagc-rn-ent wsos o h jAy. This is 1- at they use t pay fir b r-th-day socials., donut s6cials ay, h-olid dinners, etc. Aggj;L_ tkis ingney is for activitigs-Isgizials that we plan fi-,or ALL RESTI)ENTS OF THE COrrAGES Oil SH I 111111ENS-RU RG ASSOCIATION (CSM The by-J-,iws, which ai-e included, will be followed by the CSRA Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 Plaintiff VS. Mary Davis (Treasurer) Cottages of Shippensburg Association 130 Senior Drive Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT NO. 14 -1210 CIVIL COMPLAINT CIVIL ACTION - LAW ORAL ARGUMENT REQUESTED The above -named Plaintiff, Kenneth A. Kreiger files this complaint against the Defendant listed above and in support thereof avers as follows: • On November 6, 2013 at the monthly CSA meeting, Clairene Jones a resident of the Cottages of Shippensburg and a member of the CSA to have the 2013 financial records audited by a committee of three residents, the motion was seconded and the motion carried by a majority vote of the CSA membership. • The Defendant, Mary Davis, secretary/treasurer of the CSA was to turn over the 2013 financial records after the December 2013 CSA meeting. The Defendant refused to hand over any or all 2013 CSA financial records to the Audit Committee. • Plaintiff, Kenneth A. Kreiger, a resident of the Cottages of Shippensburg, 300 Dwelling Court, Shippensburg, PA 17257 and a member of the Cottages of Shippensburg Association, also known as the CSA, requests that the court require Mary Davis, elected secretary/treasurer of the CSA to produce all financial records for the fiscal year of 2013 and to pay all legal fees, filing costs and other costs incurred, now totaling $299.20. WHEREFORE, Plaintiff, Kenneth A. Kreiger, demands judgment in my favor and against the Defendant, Mary Davis, secretary /treasurer of the CSA. Respectfully ub itted, /��/ Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 (717)477 -2419 .c- rn Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 Plaintiff vs. Mary Davis (Treasurer) Cottages of Shippensburg Association 130 Senior Drive Shippensburg, PA 17257 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -1210 CIVIL COMPLAINT CIVIL ACTION — LAW ORAL ARGUMENT REQUESTED EXPENSE REINBURSEMENT Prothonotary Filing Fees $103.75 Attorney Consultation $175.00 Postage Costs $ 12.28 Copy Costs $ 8.17 Total $299.20 Respectfully submitted, Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 (717)477 -2419 KENNETH A. KREIGER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA ( �, cT a V. - --4 -0 rn co lw i= 'T- M MARY DAVIS (Treasurer), cr) COTTAGES OF SHIPPENSBURG - N c) ASSOCIATION, <c =�'`'T DEFENDANT : 14 -1210 CIVIL TERM ;_,_ ORDER OF COURT : -r; AND NOW, this /214 day of March, 2014, upon review of the document filed by Plaintiff, which does not constitute a proper pleading under the Pennsylvania Rules of Civil Procedure, the Complaint/Petition for Injunction is DISMISSED without prejudice to refile a proper document. Should Plaintiff refile, he is advised to consult the Rules of Civil Procedure related to the filing of pleadings in general (including but not limited to Rules 204.1, 1019 and 1022) as well as the rules relating to equitable relief, such as injunctions (including Rule 1531). We remind the Plaintiffs that unrepresented litigants remain bound by the rules of court despite the absence of counsel. Cove Center, Inc. v. Westhaver Const. Inc., 965 A.2d 259, 262 (Pa. Super. 2009). However, in the interest of judicial economy we urge the parties to consider a mediated resolution to their conflict and suggest they contact Neighborhood Dispute Settlement (717) 233 -8255. By the Court, • Albert H. Masland, J. 4enneth A. Kreiger 210 Cottage Road Shippensburg, PA 17257 ...,,,My Davis (Treasurer) Cottages of Shippensburg Association 130 Senior Drive Shippensburg, PA 17257 :sal