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Home My WebLink About14-5100 Supreme Co nnsylvania Cour f,Commo ` leas For Prothonotary Use Only: C ' b erh t �f �.; Docket No: _ Cumber d ' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Beaumont Square Homeowners'Association, Inc. Kelsey L. Schulz Dollar Amount Requested: x,within arbitration limits I Are money damages requested? Yes No O (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: David R. Galloway, Esquire D Check here if you have no attorney(are a Self-Represented [Pro Se) Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS D Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment D Motor Vehicle xi Debt Collection: Other 0 Board of Elections 0 Nuisance D Dept.of Transportation S D Premises Liability 0 Statutory Appeal: Other D Product Liability(does not include 0 Employment Dispute: E mass tort) D Slander/Libel/Defamation Discrimination C D Other: 0 Employment Dispute: Other D Zoning Board T D Other: I D Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste D Other: D Ejectment 0 Common Law/Statutory Arbitration B D Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal D Quiet Title 0 Other: 0 Medical D Other: D Other Professional: Updated 1/1/2011 David R. Galloway Counsel for Plaintiff Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY-I,,VANIA: C__ r_0 =r BEAUMONT SQUARE HOMEOWNERS ) ,rnC !- == ASSOCIATION, INC., ) _z: a3 Plaintiff, ) CIVIL ACTION—LAWr,. < z =' V. ) DOCKET NO: _ ; ? KELSEY L. SCHULZ ) crY /�_ 5 Defendant. 4erA4.- NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 David R. Galloway Counsel for Plaintiff Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ) ASSOCIATION, INC., ) Plaintiff, ) CIVIL ACTION—LAW V. ) j DOCKET NO: �l 41- A KELSEY L. SCHULZ Defendant. ) COMPLAINT AND NOW, comes Plaintiff, by and through its attorney, David R. Galloway, and files this Complaint and in support avers as follows: 1. Plaintiff is Beaumont Square Homeowners Association, Inc., with a principal place of business at 4249 Nantucket Drive, Mechanicsburg, PA 17050. 2. Defendant is Kelsey L. Schulz, an adult individual, with a principal residence of 4123 Nantucket Drive, Mechanicsburg, PA 17050. 3. The parties are subject to the Uniform Planned Community Act whereby Plaintiff provided certain services to Defendant in exchange for Defendant's quarterly payments. See generallX 68 Pa.C.S. §§ 5101-5414. 4. Defendant breached the terms of the Act and Plaintiff's by-laws when she failed to make quarterly payments. 5. As of the date of this Complaint, Defendant owes Plaintiff$1,356.64; a copy of the statement reflecting the amount due and owing is attached hereto as Exhibit"A." 6. Interest has accrued on the unpaid dues at 6%per year. 7. Pursuant to Plaintiffs by-laws, Plaintiff is entitled to an administrative late payment fee of$5 per quarter. 8. Pursuant to Plaintiffs by-laws, Plaintiff is entitled to its collection and attorney's fees. 9. Plaintiff has calculated reasonable attorney's fees to be $500. 10. Plaintiff has complied with all express and implied conditions, obligations and duties of the Act and of its by-laws. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of$1,356.64, and attorney fees in the amount of $500, for a total Judgment of$1,856.64 plus costs and interest accruing at 6% per annum from the date of filing this Complaint. Respectfully submitted, RS & GALLOWAY, PLLC David R. Gallo ay#87326 Counsel for Plaintiff VERIFICATION I verify the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4909,relating to unsworn falsification to authorities. I am authorized to make this verification on behalf of Beaumont Square Homeowners Association, Inc.,because of my title. Date: August 1 ,2014 Signature Printed Name Title EXH "A" Beaumont Square Homeowners' Statement Association [BSHA] 4249 Nantucket Drive 7/1/2014 Mechanicsburg, PA 17050 Return top portion with any corrections Check# Make Payable to BSHA Phone# BILL TO #to Remain Private DUE DATE Kelsey L Schulz 4123 Nantucket Dr. 7/1/2014 Mechanicsburg,PA 17050 AMOUNT DUE AMOUNT ENC. $1,356.64 DATE . DESCRIPTION AMOUNT BALANCE 12/30/2013 Balance forward 695.31 01/01/2014 INV#FC 2163. Finance Charge 5.38 700.69 01/01/2014 INV#27398. 5.00 705.69 01/01/2014 INV#27517. 220.00 925.69 03/26/2014 1NV#FC 2179. Finance Charge 12.79 938.48 04/01/2014 INV#27566. 5.00 943.48 04/01/2014 INV#27686. 220.00 1,163.48 05/07/2014 INV#FC 2197. Finance Charge 7.80 1,171.28 05/07/2014 INV#27736. 5.00 1,176.28 05/14/2014 PMT#3203. 5/9/14 -50.00 1,126.28 06/05/2014 INV#FC 2219. Finance Charge 5.36 1,131.64 06/05/2014 INV 927765. 5.00 1,136.64 07/01/2014 INV#27886. 220.00 1,356.64 CURRENT 1-30 DAYS PAST 31-60 DAYS 61-90 DAYS OVER 90 DAYS AMOUNT DUE DUR PART DTIR PART DITF. PART DIM, 220.00 10.36 12.80 0.00 1,113.48 $1,356.64 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY CIntabol.. OFFICE or THE St-tiRIFP • (HE PROTHONEOL'-LR ?Th SEP 23 AM if3: 00 CUMBERLAND COUNTY PENNSYLVANIA Beaumont Square HomeownersAssociation, Inc. vs. Kelsey L Schulz Case Number 2014-5100 SHERIFF'S RETURN OF SERVICE 09/09/2014 08:27 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Julia Schulz, Daughter, who accepted as "Adult Person in Charge" for Kelsey L Schulz at 4123 Nantucket Drive, Hampden Township, Mechanicsburg, PA 17050. WJL Mall IE DIMARTLE, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, September 11, 2014 (c) CountySuite Sheriff, Teleoseft, RONNY R ANDERSON, SHERIFF David R. Galloway Attorney I.D. 87326 WALTERS & GALLOWAY, PLLC 54 East Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 HL~J-o i 1 . r rHE PROTHOUi,; T /1 ti.: 2014 DEC 16 PM 1: 144 CUMBERLAND COUP T Y PENNSYLVANIA • Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ASSOCIATION, INC., v. KELSEY L. SCHULZ, Plaintiff, CIVIL ACTION --LAW DOCKET NO: 14-5100 CIVIL Defendant, PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter Default Judgment in favor of Plaintiff and against Defendant, KELSEY L SCHULZ, for failure to file a written response to Plaintiffs Complaint as follows: Principal in Complaint Attorneys' Fees TOTAL $1,356.64 $500.00 $1,856.64, plus court costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa.R.C.P. 237. I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Respectfully submitted, WALTERS & GALLOWAY, PLL By: David R. Gallow Counsel for Plai y tiff 416. Sb pcl /91-7J eft la 9 y g,4—` 3NG6� nlok-e--41(9//0! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ASSOCIATION, INC., v. KELSEY L. SCHULZ, Plaintiff, Defendant, CIVIL ACTION --LAW DOCKET NO: 14-5100 CIVIL NOTICE OF JUDGMENT TO: KELSEY L. SCHULZ, Defendant, pro se Notice is hereby given that a Judgment in the above -captioned matter has been entered against you as follows: Principal in Complaint $1,356.64 Attorneys' Fees $500.00 TOTAL $1,856.64 , plus court costs NOW, /21f4 , 20 /9 , JUDGMENT IS NTEREDyAS ABOVE 11 By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Kelsey L Schulz 4123 Nantucket Dr Mechanicsburg, PA 17050 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Gallow.y #87326 54 East Main Str-et Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Facsimile: (717) 697-9395 David R. Galloway Attorney I.D. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main St. Mechanicsburg, PA 17055 Telephone: 717-697-4650 ";! L-)*11FF!1:: THE PROTHONOTAF 2014 DEC 16 PM 1: 144 CJM.ERLA D CatiNTY PENNSYLVANIA Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ASSOCIATION, INC., v. KELSEY L. SCHULZ, Plaintiff, Defendant, CIVIL ACTION --LAW DOCKET NO: 14-5100 CIVIL AFFIRMATION OF NON-MILITARY SERVICE The undersigned herein affirms, under the penalties of perjury, I am the Attorney for the Plaintiff in the above -captioned action, and to the best of my knowledge, information and belief Defendant, is over 21 years of age; is last known to reside at Kelsey L Schulz 4123 Nantucket Dr Mechanicsburg, PA 17050 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. Respectfully submitted, & GALLOWAY, PLLC By: David R. Gall Counsel for ay aintiff David R. Galloway Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT-SQUARE HOMEOWNERS ASSOCIATION, v. KELSEY L SCHULZ, Plaintiff, DOCKET NO: 14-5100 Civil CIVIL ACTION --LAW Defendant, To: Kelsey L Schulz Date of Notice: October 3, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 By: David R. Galloway 87326 Counsel for Plainti'f David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BEAUMONT SQUARE HOMEOWNERS ASSOCIATION, INC., v. KELSEY L. SCHULZ, Plaintiff, CIVIL ACTION --LAW DOCKET NO: 14-5100 CIVIL Defendant, CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe for Default Judgment on this date, upon Defendant by first-class mail, postage pre -paid, addressed as follows: Date: December ILO , 2014 Kelsey L Schulz 4123 Nantucket Dr Mechanicsburg, PA 17050 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Plain iff