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Hill v. Kilgallen

Commonwealth Court of Pennsylvania

January 6, 2015

Frida Hill, Appellant
v.
Karen A. Kilgallen, Masthope Mountain Community Property Owners Council, Robert Ferretti, Adam Gallini, John Castellano, Joseph Gladis, Marge Brinkworth, Russ Longo, John Grandy, Brian Dooley, Garry Daddario, Steve Stern, Frank Guidice, Matt Lebow and Rocco Chierichella

Argued May 12, 2014

Page 935

Appealed from No. 1421-2007. Common Pleas Court of the County of Pike. Kameen, President Judge.

Elizabeth Anderson, Hawley, for appellant.

Theodore J. Segletes, III, Wilmington, DE, for appellee.

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE P. KEVIN BROBSON, Judge.

OPINION

Page 936

 McGINLEY, JUDGE

Frida Hill (Hill) appeals the order of the Court of Common Pleas of Pike County (common pleas court) that granted the motion for summary judgment of Karen A. Kilgallen (Kilgallen), Masthope Mountain Community Property Owners Council (Council), Robert Ferretti, Adam Gallini, John Castellano, Joseph Gladis, Marge Brinkworth, Russ Longo, John Grandy, Brian Dooley, Garry Daddario, Steve Stern, Frank Guidice, Matt Lebow (Lebow) and Rocco Chierichella (Chierichella) (collectively, Appellees). The common pleas court also denied Hill's motion objecting to her deposition and request for a protective order, Hill's motion for sanctions, Hill's motion in limine, and Hill's motion for extension of the discovery deadline. The common pleas court also denied Appellees' motion for sanctions, dismissal, and attorney fees.

I. Background .

Hill owns an unimproved lot in the Masthope Mountain Community, a planned community organized under and subject to the Uniform Planned Community Act (Planned Community Act), 68 Pa.C.S. § § 5101-5414. Lot owners are required to pay dues and assessments imposed by the Council.

On July 31, 2007, Hill desired to sell her lot. She contacted the Council's agent, Kilgallen, and offered to pay dues and assessments associated with her lot which she had not paid over the previous three years. Kilgallen rejected the offer and told Hill that the Council intended to collect Hill's unpaid dues and assessments which dated back to 1993. Hill did not make any payment to the Council. The dues and assessments remain unpaid.

A. Prior Complaints.

On August 23, 2007, Hill commenced an action in the common pleas court against all of the Appellees except Lebow and Chierichella.[1] Hill alleged that each Appellee breached a fiduciary duty to her and Appellees engaged in unfair and deceptive acts and practices in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (Law)[2], 73 P.S. § § 201-1 -- 201-9.3. Hill also sought a declaration from the common pleas court that only three years of dues and assessments were owed. Hill sought injunctive relief to prevent the Appellees from pursuing any litigation against Hill in New York State, where Hill resided, to collect the sums claimed to be due and owing.

The Appellees preliminarily objected and alleged that Hill failed to state a claim upon which relief could be granted. By order dated June 8, 2009, the common pleas court sustained the preliminary objections and dismissed all counts of the complaint with the exception of Count III in which Hill sought declaratory relief. Count III was dismissed as to all of the defendants except the Council.

On June 29, 2009, Hill filed her First Amended Complaint.[3] She added Lebow

Page 937

and Chierichella to the Appellees.[4]

Appellees preliminarily objected in the nature of a demurrer. On December 16, 2009, the common pleas court sustained the preliminary objection and dismissed the first amended complaint in its entirety, granted Hill twenty days to file a second amended complaint, prohibited Hill from raising any cause of action not raised in the first amended complaint, and prohibited Hill from ...


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