A Pocono Country Place Property Owners Association v. Sciarrone

This case has been moved to Federal Court by my Attorney on December 29th, 2008.

The Third amended complaint was filed on December 4th, 2008

You can find the complaint here: http://ourpoconocommunity.com/phpBB2/viewtopic.php?t=4503 on page 7, and 8. There are two parts to it and a total of 61 pages.

The Notice of Removal is on page 10.

Thank You.
Happy New Year to all!!
Bob Sciarrone

Correcting the previous post:

3rd Amended complaint is here: http://ourpoconocommunity.com/phpBB2/viewtopic.php?t=5061 The objection to the motion to remand is here: http://ourpoconocommunity.com/phpBB2/viewtopic.php?t=5062 9th post down.

Thank you.

Thank you for the updates, Bob.  It is difficult for us to keep up with all of the cases we cover and this is a big help.

-David

David,

It is us who should be thanking you and your staff. You provide us with extremely helpful information. I just needed to say a very big thank you!!

Bob

My website was hacked into and almost destroyed in March. The new board is located at www.ourpoconocommunity.com/phpBB3/index.php

The local Police Department is investigating this. Among other info I have this from my database:

[Mon Mar 30 15:55:07 2009] [error] [client 24.229.110.42] File does not exist: /home/ourpocon/public_html/forum/cracks-bug-doctor-username-password.html
[Mon Mar 30 15:51:50 2009] [error] [client 24.229.110.42] File does not exist: /home/ourpocon/public_html/forum/diablo-2-hack-acc-password.html
[Mon Mar 30 15:44:41 2009] [error] [client 24.229.110.42] File does not exist: /home/ourpocon/public_html/phpBB2/images/avatars/151902277248f5348919e55.jpg
[Mon Mar 30 15:44:41 2009] [error] [client 24.229.110.42] File does not exist: /home/ourpocon/public_html/phpBB2/images/avatars/21175182384872c421343af.jpg

IP address: 24.229.110.42
Host name: cpe-pcpadmin-rtr-e0.mtp.ptd.net
24.229.110.42 is from United States(US) in region North America

TraceRoute to 24.229.110.42 [cpe-pcpadmin-rtr-e0.mtp.ptd.net]
Hop (ms) (ms) (ms)
IP Address Host name
1 8 6 10
72.249.134.177 -
2 10 6 6
8.9.232.73 xe-5-3-0.edge3.dallas1.level3.net
3 6 14 19
4.68.19.126 vlan79.csw2.dallas1.level3.net
4 10 20 15
4.69.136.157 ae-73-73.ebr3.dallas1.level3.net
5 36 36 35
4.69.134.22 ae-7.ebr3.atlanta2.level3.net
6 41 49 53
4.69.132.86 ae-2.ebr1.washington1.level3.net
7 50 41 49
4.69.134.134 ae-71-71.csw2.washington1.level3.net
8 49 41 43
4.68.17.71 ae-11-79.car1.washington3.level3.net
9 56 57 79
4.71.204.30 xe-1-1-0.cr2.iad1.us.nlayer.net
10 49 50 50
69.31.31.202 as3737.ae0-820.cr2.iad1.us.nlayer.net
11 51 51 55
207.44.125.1 gateway2-t9-1-sm22abn.sm.ptd.net
12 74 50 54
204.186.241.17 gateway-t2-3-ban2sm2.ban.ptd.net
13 50 48 47
204.186.238.53 gateway2-t8-1-str22ban.str.ptd.net
14 57 59 53
204.186.5.34 gateway-g1-0-0-54.cmts.mtp.ptd.net
15 55 99 83
24.229.110.42 cpe-pcpadmin-rtr-e0.mtp.ptd.net

Trace complete

This lawsuit was booted from Federal Court back to State court which I'm happy about.

Thanks again David.

Bob

Sorry to hear about all of that, Bob. 

Thanks for the update.

I am member of the APCP Home Owners Group, which is comprised of members and residents of A Pocono Country Place, who realize that our concerns have not been met by the past Board(s) of Directors.

In October 2008, our group formed an organization based on our collective need to retake control of our board from what we realized was a "dictatorship" ochestrated by a handful of board members.

It is my opinion and that of many members of the APCP Home Owners Group, that this lawsuit involving our community and Mr. Sciarrone is an attempt by former members of the APCPPOA Board of Directors and our current property manager to "get even" with Mr. Sciarrone.

Did Mr. Sciarrone post information regarding Property Manager Schlaack's court documents involving major arrears of child support on his website? Yes. These documents were pubic knowledge.

It is however, in our opinion, questionable as to weather Mr. Sciarrone, under the definition of law, criminally defamed Mr. Williams,Mr. Schlaack or Mr. & Mrs. Mock.

What I and members of the APCP Home Owners Group believe, is what Mr. Williams, Mr. & Mrs. Mock and Mr. Schlaack have done is use their position and community resources to ochestrate a "vindetta" against Mr. Sciarrone, in order to stop Mr. Sciarrroe from execising his first amendmant rights.

However, the question in State Court right now is does Mr. Sciarrone have the right to use "confidential" APCPPOA documents from closed Board meetings to support his case in Federal Court?

There are, in my opinion, two answers to the argument.
1) Mr. Sciarrone has no right to use the documents as they are property of the APCPPOA corp and are protected under attorney client privilage.
2) Regardless of how Mr. Sciarrone obtained said documents, he has already posted segments of the documents on his web site and therefore, they are, regardless of what lawful protection the documents fell under, now a matter of........public record, and therfore, can be used.

However, regardless of outcome as to weather Mr. Sciarrone can use the documents OR the final outcome of ANY litigation between Mr. Sciarrone or the APCPPOA corp. This LAWSUIT should have never occured!

It is clear to the APCP Home Owners Group that there has been a gross abuse, by certain members of the APCPPOA Board of Directors and our property manager, of our legal assets and community funds to pay for this litigation.

In my opinion, Mr. Sciarrone lacks any assets,revenue or means, should he lose this litigation, to re-emburse the community for even the court costs. Leave alone the attorney fees and subsequent judgement, if any.

Those members of the Board and Mr. Schlaack, knew this from the outset. YET, in my opinion, they cared less about the expenditure to carry out this frivilous and ridiculous law suit.

As I and members of the Home Owners Group view this matter.........This whole issue is a waste of community revenue and legal resources.

Dear Dave,

These documents clearly show that APCPPOA instituted this lawsuit in an attempt to punish me with a legal system in place that did not like me. I have the proof when the President Judge violated the rules and the law with an order of Court. This is evidenced right here when, in another unrelated case, Judge Miller ordered me to pay for transcripts when I was permitted to file in Forma Pauperis. I petitioned the President Judge to vacate her order and he refused to do so in violation of the law.

http://ourpoconocommunity.com/phpBB3/viewtopic.php?f=324&t=6353

I appealed to the Superior Court and the order came down for the trial court to give me a copy free of charge.

My Attorney committed perjury and is no longer on any of my cases.

These documents speak for themselves. I need some serious help here to get this case going.
I would appreciate any help I can get.

They targeted me because they know I didn''t have the resources to fight this. There were three outspoken people and I was only targeted.

These so called privileged documents went to the Superior Court.

Mr. "Zooldog was not a Board Member and I was. He does not know what policies were in place then and I do.

Unless he is willing to help the cause, he should refrain from posting what he doesn't know about.

If anyone could help me out, my email is r0695@ptd.net or call me direct at (570) 216-6926

Sincerely,
Bob Sciarrone

There is clear and concise proof of this contained in these documents. The fact that I am now handling this case myself, I am clearly at a disadvantage. Any Attorney would have this case thrown out in a heartbeat. I intent to sue afterwards. If there is an Attorney that would at least look into this, I would appreciate any and all help.

Sincerely,
Bob Sciarrone.

PS: Please look at my website and the topics to familiarize yourself with what I'm involved in.

http://ourpoconocommunity.com/phpBB3/