HomeMy WebLinkAbout00-00177
,.,
. ,>,--
-.~",-
f
Oc
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. c:a:o - /77
d;J
v.
PAUL J. BRINIG AND BONNIE A. BRINIG, :
Defendants : 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 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 OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166 or (800) 990-9108
1
J - -~
~
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
: IN TIiE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
v.
PAUL J. BRINIG AND BONNIE BRINIG,
Defendants : CIVIL ACTION - LAW
NOTICIA
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en fonna escrita sus defensas 0 sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
2
,-,
~'H' .'"
,.;,j.
~, ." . ~- :1.-
~
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~. /7'1 ~ "f.lA-
: NO.
v.
PAUL 1. BRINIG AND BONNIE A. BRINIG, :
Defendants : CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., by its attorneys, Saidis, Shuff & Masland, and state the following cause of
action:
1. The Plaintiff, Allenview Homeowners Association, Inc., ("Plaintiff') is a non-profit
corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal
place of business at 3512 Trindle Road, Camp Hill, PA 17011.
2. The Defendants, Paul 1. Brinig and Bonnie A. Brinig ("Defendants") are adult
individuals who reside at 604 Allenview Drive, Mechanicsburg, Upper Allen Township,
Cumberland County, Pennsylvania.
3. The Defendants are the owners of a townhouse situate at and known as 604
Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania (the "Property")
which is part of the Allenview Development and under and subject to the Declaration of Covenants
and Restrictions dated December 6, 1984 ("Covenants and Restrictions"), a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference.
3
,
"~_I
~~--'.
.
4. The Defendants, as the owners of the Property, are members of the Allenview
Homeowner's Association (the "Association") and are governed by the By-Laws of the Association
(the "By-Laws"), a copy of the relevant portions of which is attached hereto as Exhibit "B" and
incorporated herein by reference.
5. Article V of the Covenants and Restrictions and Article ill of the By-Laws, provide
that the owner shall pay annual and special assessments to the Association, which assessments are
to be paid in advance on a quarterly basis.
6. Each annual assessment, payable to the Plaintiff, is detennined as set forth in Article
V, Section 3 of the Covenants and Restrictions and as set forth in Article ill, Section 2 of the By-
Laws through the Association's Board of Directors with written notice of the assessment to be sent
to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and Restrictions.
7. Defendants are in default of their obligation to pay the balance of the first quarterly
installment of the annual assessment due March 1, 1999 and late charge, the second, third and
fourth quarterly installment of the annual assessment due June 1, 1999, September 1, 1999 and
December 1, 1999, a returned check charge, interest through November 4, 1999 and legal fees and
as a result of such default the Association has exercised its right under 68 P.S. 5315(a) to accelerate
and demand payment of the entire annual assessment due for 1999. A copy of the Association's
demand is attached hereto as Exhibit "C" and made part hereof.
8. The Defendants were notified that the following quarterly installments of the annual
assessments were due and payable to Plaintiff in advance:
a. The balance of the assessment for the first quarter and late charge due on March 1,
1999, in the amount of Seventy-Seven and 60/100 Dollars ($77.60).
4
"C,_
-'-'>- '. ',," ~ ,.
"",,_c_.
,
..
b. Assessment for second, third and fourth quarter of 1999 due on June 1, 1999,
September 1, 1999 and December 1, 1999, respectively, in the amount of One
Hundred Ninety-Five and 00/100 Dollars ($195.00) each.
9. Defendant purchased the Property under and subject to the Covenants and
Restrictions and the By-Laws and became personally liable therefor.
10. Despite , demands by the Plaintiff, the Defendants have failed and refused to make
payment to the Allenview Homeowners Association of instalhnents for four (4) quarters of 1999.
11. Article V, Section 9, of the Covenants and Restrictions provides that the
Association has the right to collect all delinquent assessments together with such interest thereon
and the cost of collection thereof; and if the assessment is not paid within thirty (30) days after the
delinquency date, the assessment shall bear interest from the date of the delinquency. Article ill,
Section 9, of the By-Laws specifies that the rate of interest charged shall be six percent (6%) per
annum and shall be collectable by Plaintiff together with reasonable legal fees and costs of suit.
12. The Defendants have damaged the Association by their failure to make payment of
the assessments in accordance with the Covenants and Restrictions and the By-Laws.
13. As of the date hereof, Plaintiff has incurred reasonable legal fees in connection with
the preparation and filing of this Complaint in the amount of SEVEN HUNDRED THIRTY-
SEVEN AND 50/100 DOLLARS ($737.50).
14. Defendants are liable to the Plaintiff for the following:
a.
Balance of first quarter of 1999 and
late charge:
$ 77.60
b.
Second quarter of 1999:
$ 195.00
5
.--"-.
Le_..'"
.~"~
,
c. Third quarter of 1999: $ 195.00
d. Fourth quarter of 1999: $ 195.00
e. Returned check charge: $ 10.00
f. Interest to November 4, 1999: $ 7.84
g. Legal fees $ 737.50
TOTAL DUE $1,417.94
WHEREFORE, Plaintiff demands judgment against the Defendants, Paul J. Brinig and
Bonnie A. Brinig, in the amount of One Thousand Four Hundred Seventeen and 94/100 Dollars
($1,417.94) together with additional interest, attorneys' fees, expenses and costs of suit.
SAIDIS, SHUFF & MASLAND
Date: 1/3/2000
By
Karl . Led, ohm, squire
Sup erne CoUrt ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 761-1881
Attorney for Plaintiff, ALLENVIEW
HOMEOWNERS ASSOCIATION, INC.
6
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
v.
PAUL J. BRINIG AND BONNIE A. BRINIG, :
Defendants : CIVIL ACTION - LAW
VERIFICATION
I, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Allenview
Homeowners Association, Inc., hereby verify that the statements made in the foregoing pleading are
true and correct to the best of my infonnation, knowledge and belief. 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.
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC.
Date: /z;!2-r!1"(
By. <6=-<: ~.. to
Betty Fi~triCk
Property anger
..
-
l_
"-'
~j
, "
I
1
D~CLARATION OF COVENANTS AND RESTRICTIONS
I
THIS DECLARATION. made thia
(0
day of
A9t?6?AY7k-,
. 198;t.
?'-'
by Allenview, Inc., successor to Breneman and Calabrese, hereinafter called
"
\1
Developer of Allenview Planned Residential Development, hereinafter called
Allenview, located in Upper Allen Township, Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS. Peveloper is the owner of the real property described in
Article II of this Declaration and desires to create thereon a residential
community with permanent parks, playgrounds, open spaces, and other common
facilities for the benefit of the said community; and
I
WHEREAS. Developer desires to provide for the preservation of the
values and amenitieS in fiaid community and for the maintenance of said parks,
I,
!
I
I
I
i
I
I
,
,
i
,
I
~
!
i
!
,
i
I
I
I
j
I
,
f
playgrounds, open spaces and other common facilities; and, to this end. de-
aires to aubject the real property described in Article 11. together with such
additions aa may hereafter be made thereto (as provided in Article 11). to the
.
.
.
covenants. restrictions. easements, charges and liens hereinafter set forth,
each and all of which is and are for the benefit of said property and each
owner thereof; and
WHEREAS. Developer has deemed it desirable. for the efficient preser-
vat Ion of the values and amenities in said community, to create an agency to which
should be delegated and assigned the powers of malntsining and administering the
community properties and facilities and administering and enforcing the cove-
nants and restrictions and collecting and disbursing the assessments and charges
hereinafter created; and
WHEREAS, Developer has incorporated under the laws of the Commonwealth
of Pennaylvania. as a non-profit corporation. THE ALLENVIEW HOME OWNERS ASSOClA-
TION. for the purpoae of exercising the functions aforesaid;
- 1 -
..
!CO 0 :0
oC' C '"
= """,0
CD",O
~ ,.,n;c
",00
r-;::go ",
-.0 >00
:z 1":'1 ,
0::00
,... 00'"'"1
:% O"Tl:'.:!
co'"
_. zmm
-' "''''0
-<0"'1
a . en....
ot:: ... ::>:
!" '"
I
(,
B88~ :~n 1 i!',[ :-!~l()
EXHIBIT "A"
~1MIllOli1l1l.~'." o<~"""~
-'~d1folK:1lh"';i<<lili<ioi"W"",""".,,,,,<~
__i<b1Jli"
-~~
~.II
I~,",'
.
~
"
~I, THEREFORE, the Developer declare. that the real property
I
I
de.crlbed ln Artlcle II, and .uch addltlon. thereto a. mey hereafter be mede
~
I
pureuant to Article 11 hereof, i. and .hall be held, tran.ferred. .old, con-
v.yed and occupied subject to the covenants, restriction., easements, charge.
,.,"/
ARTICLE 1
,
,
\
I
end liens (sometime. referred to .s "covenants .nd restrictions") hereinafter
aet forth.
DEFINITIONS
Sectlon 1. The following words, when u.ed in thi. Decleratlon or
any Supplemental Decleratlon (unless the context shall prohlbit), shall have
the following meening.:
(.) "Association" shall mean and refer to the Allenvlew Home-
own.ers Association.
(b) ''The Properties" shell meen end refer to ell .uch exhting
propertiea, end eddition. thereto, ee ere subje"-t to this DeeleratioD
or ,'ny Supplemenul Declaration under the prOVision. of Article II
-Jf
'.
herl!!of.
(c) ftCoDDlon Properties" shall mean and refer to only those
arellS of land shown on any recorded subdivision plat of 111e Propertiel
and intended to be devoted to the common use and enjoyment of the
ownt~rs of The Properties, and may include the land and improvements
for streets. esseroents. parks, playgrounds. swimming pools, pedestrlen-
wayu, and any buildings, structures or appurtenances incident theTeto,
:
subject to the reservations contained in Article IX, Section 4 hereof.
(d) "Lot" shall mean and refer to any plot of land shown upon
any recorded subdivision map of The Properties with the exception
of C:ormnon Properties aa heretofore defined.
(e) "Living Unit" shall mean and refer to any portion of .
.
building situated upon The Properties designed and intended for use
sj]
and occupancy a8 8 Tesidence by a single family.
- 2 -
BOOK 301 r^CE ?Hl
......-
I
\
".
(f) "Completed Living Unit" ahall mean and refer to any
portion of a building aituated upon The Propertiea deaigned and
intended for use and occupancy as a residence by a aingle family
/'''''''''\
for which 8n occupancy permit has been received from the .ppro-
priate to~nship official.
(g) "Single Family ~tached D~elling" shall mean a buildill&
used by one family, haviQ.g only one living unit Bnd two side yard..
(h) "Single Family Semi-~tached Dwelling" ahall mean a build-
ing uaed by one family, having one living unit and one side yard
and one party ~all in common ~ith another building.
(i) "Single ,Family Attached Dwelling (Ro~)" ahall mean a
building uaed by one family and having one living unit and t~o
I
l
I
I.
"
I
\
,
!
I
I
I
I
\
,
-I
party ~all. ill Common with other buildings (.uch as townhouse.).
(j) "Multi-Family Dwelling" shall mean a building used by thna
or more families living independently of each other and doing their
own cooking, ineluding QPBrtment houses, or townhouses a
(k) "0wner" shall mean end refer to the record owner, whether
one or more persons or entities, of the fee simple title to any Lot
-
I
or Living Unit situated upon The Properties, but, notwithstanding
aoy applicable theory of the mortgage, shall not mean or refer to
the mortgagee unless and until such mortgagee has acquired title
pursuant to foreclo,sure or ,any proceeding in lieu of foreclosure.
(1) "Member" shall mean and refer to all those Owners who are
members of the Association as provided in Article III, Section I,
hereof.
(m) "Developer" shall mean and refer to Allenview. Inc..
successor to Breneman and Calabrese. .nd to such other ~~r8on or
legal entity' to whom Allenviey. Inc.. successor to Brene~an and
Calabrese, expreasly asaign the righta of the Developer herein in
writing.
/-~'-^
- 3 -
BOQK 30 t P^GE 2~)?-
1.'RtiIlIIlWiJwIIHr
, "'-"~1Iir
ll~"-"""""'''''-r'''l!iti)j'~'''~''~J.- Jli '- 1 ~ ,
" '. i' rr~_
~~~
I,~='-' ""' ,~~-
~~ ,- ~---
"~!L.
..
I
<
ARTI CLE II
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO
/
Stlction 1. Existing Propertv. The real property vhicb 111, and shall
bo hald, tunsferred, sold, conveyed, and occupied aubject to thia Declaration
i8 located in Allenview, and is more particularly described at Stsgo III, Section
C, Townhowle Plots Nos. 7A, 7B, 7C, 70, 7E, 7F, 7G, 7H; SA, 8B, 8C, 80. 8E. 8F;
9A, 9B, 9C, 90, 9E, 9F, 9G; lOA, lOB, lOC, 100, 10E, 10F, lOG, 10H, all of which
real property shall hereinafter be referred to aa "Existing Property."
S"ction 2. Restrictions for Use and Development. The Lots outlines aD
aaid plats for State Ill, Section C, shall be subject to the following restric-
. tions:
(a) Land Use and Building Types. The land shall be used and
btlildings of the following type and no other shall be designed, erected,
I
1-1
I '.
i
!
ma,intained and occupied on said lots:' "Slngle Family Attached Dwelling
(Row)".
'(b) Building Location and Landscaped Yards. No building or
any part thereof shall be erected or maintained closer than twenty-
five (25) feet to any street and, in the case of Mt. Allen Drive,
Hertzeler Road, and all exterior boundaries of Allenview, a building
setback of not less than fifty (50) feet shall be maintained. Not-
withstanding tbe above an unoccupied open space shall be designed,
lsndscaped and maintained in the front, side and rear yards of each
Lot, the depth of which shall be not less than shown on the recorded
Final Subdivision and Land Development Plan.
(c) Outdoor StoraRe Areas. Flrewood~ bicycles. lawn mowers~
garden tools, furniture and all other such articles shall be stored in
areas appropriately located on the Lot to the rear of the dwelling and
,
garage, and set back from all Lot lines as mentioned above and screened
from all streets, side and rear Lot l1nes~ with a structure, shrubs or
hedge~ in a location and manner approved by the Architectural Control
Committee.
(d) Completion. All dwellings and garages shall be completely
finished on the exterior and all grading and seeding shall be done
B80~ :~O, mE ;.?!l~~
~" .
<
~~IlO'di'
t
\
.
within one (1) year of the start of construction or ground breaking.
Any excess earth or ground from IOY construction shall be the pro~
erty of the Developer and shall be removed by the Lot owner at hi.
expense to 8 place desi:gnated in the development and determined by
----,
\
..-J
the Developer.
(e) Fences. Hed~e:s and Shrubs. Fences, hedges and shrubs shall
not be erected, planted or maintained 1n the above required yard
spaces or along the Lot lines of any Lot unless approved by the
Architectural Control ,C~tml.lttee.
(f) Shht Distanc.e. All trees, shrubs snd structures BhBll be
located and ma,lntained 80 that the sight distance from vehicles is not
obstructed at all street and driveway intersections.
(g) Parkin~ Spaces. Not lesa th.n two (2) improved parking
spaces (10' x 20') shall be located on the same Lot as each Living
Unit.
(h) Easements. All LotB and Lot Ownera are subject to all cove-
nants, restrictions. rights-of-way and easements of record, as well '88
subject to all present or future zoning ordinances or building regula-
-
tions of the Township of Upper Allen, Cumberland County, Pennsylvania.
(i) Nuisances. No noxious or offensive activity shall be
carried on upon ~ny Lot, nor shall anything be done thereon which may
be or may become an annoyance, nuisance, or of aesthetic damage to the
neighborhood, nor upon any street in Allenvlew.
(j) Temporary Structures. No temporary dwellings shall be
erected or maintained on any Lot. Garages, basements or Bny temporary
i
f
I
~
structure shall not be used for human ~abitation. No prefabricated
construction or otherwise, or any concrete slab foundation shall be
permitted unlesa specifically approved in writing prior thereto by the
Developer. No trailers, motor homes, tents, shacks, barns or boats,
or any type of outbuilding, unless previously approved in writing by
the Developer, shall be erected on any Lot, nor parked on a street in
Allenview.
'..
- 5 -
e~~~ 301 f^f,[ ;':~J.I
01,;-
I ,
.........1
,
1
<
(k) Sign.. No .ign of any kind .h.ll be di.pl.yed to public
view on .ny Lot except one .ign of not more th.n five (5) .qu.re feet
.dvertiaing the property for aale or rent, or .ign. u.ed by . builder
to .dvertiae the property during con.truction and/or the original ..1.
period.
(1) .Liveatock and Poultry, Animala, Uveotock or poultry, ex-
cepting houa.ehold peta, .h.U not be raited, bred or kept on any Lot.
Hou.ehold pets may be kept, provided they are not k.pt, bred or m.iD-
t.ined for any commercial purpoae.. Notwith.tanding the above, the
non-commercial keeping of hor.e. or poniea for the recreation u.e by
the o.n,er of a Lot will be permitted on Lot. of five (5) acrea or mor.,
a. provided in Section 2(a) hereof. An acce.sory structure shall be
permitted on . Lot only when .pproved by the Architectural Control
COlll8ittee.
(m) CarbaRe and Refuse Diaposal. The Owners of all Lota shall,
at their expense, connect to the public sewer and water systems. No
Lot shall be uaed or maintained as a dumping grou~d for rubbiah. All
/1-
trash, garbage or other waste shall be kept in aanitary containers and
placed in specified locations for collection. The burning of trash,
debris and lesvea shall not be permitted on a Lot.
(n) Delay of Dwelling Construction. Should the Owner of any
Lot not conatruct a home within one (1) year of the purchase of a.id
Lot, then the Lot Owner must seed and maintain the Lot so 8S not to
detract from the overall development.
(0) Architectural Control Committee. The Owner of a Lot .hall
not COmMence construction of a dwelling, garage, or any.other per-
mitted structure until the Architectural Control Committee has re-
viewed and approved the proposed plan showing the type of structure
.
to be placed on said Lot. The provisiona of thi. aection .hall not
apply to Developer doring original construction.
.
)
(p) Street Li~hts. Street lights of a uniform design shall be
installed throughout Allenview under the supervision of the Developer
and the Architectural Control Committee.
- 6 -
B8a~ 30 I pm 2~}5
1il1iiiIiIiiI~"'~ .~.~.
_.~ll;Jo;,,~,,&..=t/!._t""'~
.,,-
'1
='"
,
I
1
'.
(q) ,Utility Service Lin... All utility service Un.. shdl be
inatalled underground where feaaible.
Section 3. Additiona to Existing Property. Additional lands may be-
come 8ubject to this Declaration in the following manner:
(a) Additions in Accordance with the Tentative Development and
StaRe Plall. The Developer, its successors and assigns, shall have
the right to bring within the scheme of this Declaration additional
properties in future stages of the development, 8S generally outlined
on tho Tentative Development and Staging Plan dated February 25, 1980,
and filed of record in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan Book 251, at Page 737.
Said Tentatlve Development and Staging Plan outlinea the proposed
additions to the Existing Property and contains:
1
(1) a general indication of size and location of the
I'
I
additional atagea for development of the following ua.. and
building typea:
1
STAGE III - Single Family Detached Dwellinga
Single Family Semi-Detached Dwellings (Duplexes)
Single Family Attached Dwellings (Townhouaea)
Apartments (3-story Garden Type);
~
(2) the approximate size and location of common properties
I
resel:ved for dedication with each stage;
(3) the general nature of proposed common facilities and
improvements, including the provision of improved yard spaces
and not less than two (2) improved parking .spaces required to
serv~~ all Living Units, including the Apartment and Townhouse
prop~~rties ;
(4) a atatement that the propoaed additiona, if made, will
beCOlne subject to assessment for their just share of Association
expenses; and
(5) a achedule for termination of the Developer'a right
unde" the provision of thia sub-section to bring additional de-
velo:~ent stages within the scheme.
,
- 7 -
888K :30 1 f,ICE ~~Hj
.1_.
,,~, 'M ~~.J <
",.~, q,
,~,.
~ ,.
.
-."
, '
<.
~~-!llk:
,
\_->,~,,./
I
i
:-lj-
I
t,J
, .
'.
Ualeos otherwioe ototed therein, ooid Tentotive Development ood
Sug'ing Plan ohall not bind the Developer, ita succeuor. olld a..igno,
to make the propooed odditions or to odhere to the Plan in any subse-
quent development of the land ohown thereon olld the Tentativ~ Develop-
ment and Staging PIon containa 0 conopicuous atatement to thia effect.
The additions authorized under this and the 8ucceedi~& lub-sec-
tion ohall be made by filing of record a Finol Subdivision olld Land
Development Plan for each Stage and a Supplementory Declorotion of
Covenant a and Ileatrictions with respect to the additional ,property.
The location end arrangement of buildings, streets, yards and
open opace and the oize and bulk of buildings 00 indicated on the Ten-
tative Development and Staging Plan may be amended, tevised, altered
or changed subject to the approval of Upper Allen Townahip provided,
however. that the use of the land shall be limited to one or ~ore of
the within described reaidential building typea.
Such Supplementary Declar.ution may (:ontsin such complementary
additiona and IIlOdif1cations of the covenanta ond restrictions contained
in thio Declaration aa may be necessary to reflect the different char-
acter, if any, of the added properties and as are not inconaistent with
the scheme of this Declaration. In no event, however. shall such Supple-
mentery Declaration revoke, modify or add to the covenants established
by this Declaration within the Existing Property.
(b) Other Additiona. Additiona other than thoae authorized by
aub-aection (a) herein may be made upon approval in writing of the
Aasociation pursuant to approval by a two-thirda (2/3) vote of each
clsas of membership, as described in Article Ill, Section 2. The
Owner of any property who deaires to add it to the scheme of thia
Declaration and to subject it to the juriadiction of the Association,
may file or record a Supplementary Declaration of Covenants and Re-
.
strietions, 8S described in subsection (8) hereof.
(c) MerRers, Upon a merger or consolidation of the Association
with another associstion 8S ,provided in its Articles of Incorporation,
its properties, rights and obligations may, by operation of law, be
- 8 -
8~~K 30 t fACE ~~J'7
I
I
I
I
:
..
i
I
I
I
I
I
i
i
!
.
!
,
\
,,- '~""'''''irl:oo',"",",~
""""",,,,' '.IiIil~~~'i,"i;1Ci<lI"8I.<,i'._~,,",,&~"'"
,.
"
,.
~~ ~
'ii
. .
,
.
i
transferred to another surviving or consolidated association or. al-
ternatively, the properties, righta and obligationa of another asso-
ciation may, by operation of law, be added to the properties, right.
and obligat:l,ons of the Ass9clation 8S a surviving corporation pursuant
...,.--'
)
to a merger. The surviving or consolidated association may administer
the covenan1:a and restrictiona e.stablished by this Declaration within
the Exi,sting Property, t()gether with the covenants .nd restrictions
established upon any other proPerties 88 one ,scheme. No luch _rger
or consolidntion, however, shall affect any revocation, change or add!-
tion to the covenants established by this Declaration within the Exist-
ing Propert:, except as hereinafter provided.
ARTICLE III
HEMBER:lHlP AND VOTING RIGIlTS IN THE ASSOCIATION
Section I. Membership. Every person or entity who is,. record Owner
of 8 fee or undivided fee in any Lot which is subject by covenants of record to
assessment by the Ass\:)clatlon shall be a member of the Association, provided
that any 'such person 'Of entity who holds such interest merely as a security for
-
the performance of an obligation shall not be a member.
i
I
I
I
I
I
I
I
I
I
I
,
i
Section 2. VotinR RiRhts. The Association shall have two classes
of voting membership:
Clasa A. Claas A membera ahall be all thoae Owners sa defined
in Section i with the exception of the Developer. Class A membera
ahall be entitled to one vote for each Lot (or Living Unit) in which
they hold the interests required formemberahip by Section 1. When
more than one person holds Buch interest or interests in any Lot (or
Living Unit), all such persona shall be membera, and the vote for
such Lot (or Living Unit) shall be exercised aa they among themaelves
determine, but in no event shall more than one vote be cast with re-
spect to any such Lot (or Living Unit).
I
Clasa B. Class B membera shall be the Developer. The Class B
member shall be entitled to three votea for each Lot in which it
holds the intereat required for memberahip by Section 1 (and for
every Living Unit in any Multi-Family Structure owned by it until
auch Unit ia first sold), provided that the Claaa B membership ahall
ceaae and become converted to Claaa A Membership on the happening of
any of the following events, whichever occurs earlier:
,
- 9 -
I
i
!
B80K :101 f^GE ?~l8
"~
.~
.k
Jlil.~~~1
-"-'",
, ,
,
(e) when the totel votea out. tanding in the Cle.. A
member.hip equal the totel vote. out.tending in
the Cle.. B memberahip; or
(b) .even (7) yeara from the date her~of.
j
From end after the happening of these eventd, whichever occurs
earlier, the Claa. B member ahall be deemed to be e Cla.a A member
entitled to one vote for each Lot (or Living Unit) in which it hold.
the interests required for me~bersh1p under Section I.
(For purpo.ea of determining the vote. allowed under thia Sec-
tion, when Living Units are counted, the Lot or Lots upon which auch
Living Unita are situated shall not be counted.)
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of En1oyment. Subject to the provisions
of Section 3, every Member shall have a right and eaaement of enjoyment in and
to the Common Propertiea and auch easement ahall be appurtenant to and shall paa.
with the title or leaae to every Lot (or Living Unit).
Section 2. Title to Common Properties. Notwithatanding anyprovhion
herein, the"Developer hereby covenants, for itself, its heira and aaaigna, that
.
,~
J~
it .hall convey as Common Properties the following:
(a) Rights-of-way and eaaementa for streeta, aanitary sewera
and storm drainageways with completed improvements in place .hall be
constructed in accordance with the applicable proviaiona of Upper
Allen Township, and shan be offered for dedication to Upper Allen
Township.
(b) The title to common open space for parka, recreation and
other common facilities with improvement. in place ahall be trana-
ferred to the Associatlpn under the condition that the Association
shall have or hire adeq~ate staff to administer common facilities and
maintain the common open space.
(c) 'Easements for water, electric, telephone, television, and
other utility servicea, ahall be provided to the reapective operating
.
companies.
i.".o)
- 10 -
BOOK 30 t PAGE ?~m
.;iMW"-"'.-''iIilIiliiiIMi.lIJi'. ..
'''''!!IiiidIiilli>i:l!","-~.''''''iHM'l!>.",,~~~'''''~A.,<II'''''''' <"
'~
'~'"N
-_.. -" ~ ",-,"~ .......~-.,
,
Section 3. Extent to Members' Easements. The right. and ea.ement.
of enjoyment created hereby ahall be subject to the following:
(aJ The right of the Association, in accordsnce with its Articles
r."
of Incorporation and By-Laws, to borrow money for the purpose of im-
proving the Common Propertiea and in aid thereof to mortgage said prop-
J
erties. In the event of a default upon any such mortgage, the lender',
rights hereunder shall be limited to a right, after taking po..e..ion
of such properties, to charge admission, and other fees as a condition
to conti,nued enjoyment by the members and, if necessary I to open the
enJoYt:lcnt of auch properties to a wider public until the mortgage debt
is satisfied, whereupon the possession of such properties shIll be re-
turned to the Association and all rights of the Members hereunder shall
be fully restored; Bnd
(b) The right of the Association to take steps a8 are reason-
ably necessary to protect the above-described properties against fore-
closure; and
(c) The right of the Asaociation, aa provided in its Articles and
By-Lawa, to suspend the enjoyment rights of any Member for any period
:-
I
during ~hich any assessment remains unpaid. and for any period not to
exceed thirty (30) days for any infraction of its published rulea and
regulations; and
(d) The right of the Association to charge reasonable admisaion
and other fees for the use of the Common Properties; and
,
I
,
I
,
i.
i
.
,
I
(e) The right of individual Members to the excluaive uae of
parking spaces as provided in S~ction 4 hereof; and
(f) The right of the Association to dedicate or trsnsfer all or
any part of the Common Properties to any public agency, authority, or
utility for such purposes and aubject to such conditiona aa msy be
agreed too by the Members, provided that no such dedication or transfer,
determin,stion as to the purposes or as to the conditions thereof, shall
be effective unless an instrument signed by Members entitled to cast
two-thir,ls (2/3) of the votes of each cia.. of membership has been
- 11 -
BJJK ::'01 fJ,Ll :)U(J
.-
~"~~
.,
\
recorded, agreeing to ouch dedication, tranafer, purpooe or condition,
and unle.. wri tten notice of the proposed. agreement and ac tion there-
under is aent to every Member at least ninety (90) days in advance of
any .ction to be taken. It ia understood and agreed that no ouch public
agency or authority is obligated to accept any auch dedication or trans-
fer; and
(g) In the event that the AsaodaUon ahall, at .ny time, faU
.
to maintain the common propertiea under ita juriadiction in reaaonable
order and condition in accordance with the development plan, Upper Allen
Township may s,erve written notice on the ,A~80ciltion or the Owners
aetting .forth the manner in which t.he Aaaoc1ation haa failed to main-
tain the common open apace in re880nable condition; andaaid notice
.
.
.
shall .include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof and shall atate the date and place of
a hearing thereon which shall be held within fourteen (14) days of the
notice. At such hea<ing, the Township may modify the terms of the
..,.)-
original notice as to the deficienciea and may give an extension of
time within which they ahall be cured. If the deficiencies set forth
in the original notice or the modifications thereof ahall not be cured
within said thirty (30) days or any extension thereof, the Township,
.
in order to preaerve the taxable valuea of the properties within Allen-
view and prevent the common open space from becoming a public nuisance,
may enter upon said cOmmon open space snd maintain the same for a per-
iod of one year. Said entry and maintenance shall not vest in the
public any rights to use the Common open space except when the same
ia voluntarily dedicated to the public by the residents and Owners.
I
I
I
I
Before the expiration of aaid year, the Township ahall, upon its
initiative or upon the requeat of the Association call a public hear-
ing upon notice to the Aasociation and Ownera to be held by the Town-
.
ship, at which hearing such Associstion and Owners ahall ahow cause
why such maintenance by the Township shall not, at the election of
1
\.,-~/
the Township, continue for a succeeding year. If the Township Bhall
.
- 12 -
.
i
\
.
BODK 30 t fACE ~() 1
lli~~"l ,~,~ "";ii!JI""'''''';'
w.n -~-'iio'~ill3;o;"h",~"~l1~I!Il."
-
-~~=
p
,
I
I
determine that the Association' 1s ready and able to maintain .aid
common op.m apace in I reaaonable condition, the Townlhip Ihall ceale
to m8int8j~n said corrrnon open space at the end of said year. If the
Townahip "hall determine the Association is not ready and able to
maintain l;ald cOUlIton open space in a reasonable condition. the Town-
ship may. at its discretion. continue to maintain said common open
space durLng the next succeeding year and. subject to a similar hear-
ing and d1etermination, in each year thereafter. The decision of the
Township in any such case shall constitute a final administrative de-
ciB1vn su.bject to Judicial review.
The cost of such msintenance by the Township shall be asseased
ratably against the properties within Allenview that hive a right of
enjoyment of the Common open space and shall become a tax lien on said
properties. Said assessments or charges shall be subordInate in lien
to the lien of any mortgage or mortgages on the property which is sub-
ject to such assessments or charges regardless of when said mortgage
or mortgages were created or when such assessments or charges accrued.
provided such subordination shall apply only to assessments or charge.
r
that have become payable prior to the passing of title under foreclosure
of such Dlortgage or mortgages and the transferee shall not be liable
for paymt'nt of any assessments or charges accruing prior to said fore-
closure; but nothing herein shall be held to affect the rights herein
given to enforce the collection of such assessments or charges accru-
ing after sale under foreclosure of such mortgage or mortgages; and
provided, further. that such chBcges accruing after sale shall also be
subordin~te in lien to the lien of any further mortgage or mortgages
which art:! placed on property subject to such assessmentu or charges.
with the intent that no auch charges shall at any time be prior in
lien of nny mortgage or mortgages whatsoever on such property. The
Township:, at the time of entering on said common open space for the
purpose ,,( maintenance, ahall file a notice of such lien in the office
of the hothonotary of the County on the properties affected by such
/
Hen within the planned residential development.
- 13 -
Rno, 'il)' l ' -
"J..;.-\ V~ II'Ct
;)I)~
I
'"_.r'
..., /10
I \..
I ;<-
!
,
....~~
_''-'W,,"
. <
Section 4. Parking Righta. The Aaaociation ahall maintain upon the
Common Propertiea at leaat two (2) parking apacea for each Living Unit in areaa
developed with Townhouaea and Apartmenta. Subject to ~eaaonable rulea and con-
ditiona, the Asaociation ahall deaignate at leaat two (2) parking apacea conven-
iently located with respect to each Living Unit for the excluaive uae of the
Kembera reaiding therein, their familiea and gueata. The uae of auch apace by
any other member or peraon may be enjoined by the Aaaociation or the Kembera
entitled thereto. The right to the excluaive uae of auch perking apace and to
ita maintenance and designation by the Association shall be appurtenant to and
ahall paas with the title to each Living Unit.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the ,Lien and Personal Obll~ation of Assessments.
The Developer for each COmpleted Living Unit owned by him within The Properties
hereby covenants and each Owner of any Completed Living Unit by acceptance of a
deed therefor, whether or not it ahall be so expresaed in any auch deed or other
conveyance. shall be deemed to covenant and agree to pay to the Association:
(1) annual aaaeasments or chargea; (2) apecial assessments for capital improve-
ments, such assessments to be fixed, established, and collected from time to time
.8 hereinafter provided. The annual and special assessments, together with such
interest thereon and costs of collection thereof. as hereinafter provided, shall
be a charge on the land and shall be a continuing lien upon the property against
which each such assessment is made. Each such assessment. together with such
.
interest the.:reon and cost of collection thereof. as hereinafter provided. shall
also be the peraonal obligation of the person who was the Owner of auch property
at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Aaaociation shall be uaed excluaively for the purpose of promoting the recreation,
.
health, safety and welfare of the residenta in The Propertiea and in particular
.<<,.')
- 14 -
BOOK 3U 1 fAGE :m3
. "d" d .
idji-''---"........_a_ '"_
.."""''''''''.......'
'1lIiiIiiIIilli~~""i'.'F.i'M"-"""'_!~~~~ .-
-
" ~"~
.
......,
for the improvement arld maintenance of properties, services, and facilitie. de-
voted to this purpose and related to the uaeand enjoyment of the COll"ll\On Prop-
erUes and of the homli8 situated upon The Properties, including, but not limitecl
,--"
to, the payment ,of t8i~es and insurance thereon and repair, replacement and add1-
tions thereto, a,nd for the cost of labor, equipment, materials, managements and
supervisions thereof.
Section 3. Besis, of :Annua.1 Assessments. The Association, through
its Board of Ditecton, ahall fix the annua~ aasessment per lot based upon the
esUmatecl cost of cauying out the responsi~il1ties of the Asaoc1ation. There
shall be two types of annual assessment as follows:
(a) G~neral assessments applicable to all record owners of Iota
upon which ,ore constructed single-family or two-family dwellings,
townhouses, apartments and condominiums. Said properties shall be
asaeaasble for the following purpoaea only:
(1) The lawns snd planting aa outlined on the Final Sub-
division Plans under the title of Common Open Space.
(2) The sidewslks and pedestrianways in the public righta-
.....
of-way easements and in common open space as outlined on the
Final Subdivision Plana.
(3) Outdoor lighting in public rights-of-way and on common
properties.
(4) Essential improvements 8J ch as drives, sanitary sewers,
water lines, fire hydrants, storm sewers, fences" signs and other
facilities essential for the use and maintenance of Common Pro~
erties.
(5) Recreation facilities such as awimming pools, tennis
courts, playground equipment, picnic facilities and a1\Y struc.
tures or appurtenances related thereto.
(6) Liability and Property Damage Insurance relating to
the aforementioned Common Properties.
(7) Capital Reserves as deemed necessary for replacement
"--',
of the aforementioned Common Properties.
i
f
,
- 15 -
Baox :m 1 f^Gt .104
.
,
~.
~-
"~w.'
. '
..
(8) Trash Collection Service.
(9) Management Servicea.
(b) Limited a..e..ments applicable only to record ovnen of
c/
living unita in Stage 2-B - 54 townhouses, Stage 3-B - 106 townhouaes,
Stage 3-A - 52 apartments or condominiums, and Stage 3-C - 36 apart-
mente or condominiums. Such limited assessmenta ah.ll be ...essable
(2) Lawns and planting.
i,
I
I
j
i
,
!
I
for the following purposes and shall be an additional assessment over
and above that provided under Section 3(a) above:
(1) Parking lots and related improvements.
(3) Exterior of townhouae and apartment buildinga.
Limited asaessments shall not be applied against property ownera of
single-family or two-family dwellings.
Section 4. Special Assessments for Capital Improvements. In additloD
to the annual aaaessmenta authorized by Section 3 hereof, the Aasociation mey
.
,
I
i
~I
levy .in any 888e88~nt year 8 special assessment, ~ppllcable to that year only,
for the p\,Srpose of de,fraying, in whole or in part. the cost of any construction
i.
ahall set forth the purpose of the meeting.
,
,
,
i
,
I
,
i
I
I
I
I
I
,
I
I
or recon8tructlon~ unexpected repair or replacement of 8 described capital lur
provement upon the Common Properties, including the necessary fixtures and per-
Bonal property related thereto, provided that any such assessment shall have the
assent of two-thirds (2/3) of the votea of each class of Members who are voting
in person or by proxy at a meeting duly called for this purpose, written notice
of which ahall be sent to all Members at least thirty (30) day a in advance and
Section 5. ChanRe in Basis and Maximum of Annual Assessments.
Subject to the limitationa of Section 3 hereof, and for the periods therein
specified, the Aaaociation may change the maximum and basis of the aasesaments
fixed by Section 3 hereof prospectively for any such period provided that any
,
such change shall have the assent of two-thirda (2/3) of the votes of each
claas of Hembera who are voting in peraon or by proxY, at a meeting duly called
( )
",/
for this purpose, written notice of which shall be sent to all Members at least
- 16 -
eOOK 30 1 fAGE :m.5
I
.---.-
1iI;WiI'-~""r,,"-_H'~'il'~-.' '~~*l."ilfl<_lW~"""ii..~'U,-"","'~~","","iIililll~
~__lWll"'."
.
thirty (30) d.y. in .dv.nce .nd .h.ll let forth the purpole of the meeting,
provided further th.t the limit.tion. of Section 3 hereof Ih.ll not .pply to
any change in the ma)dmum and basis of the assessments undertaken .8 an incident
to 8 merger or consolidation in which the Associltion is authorized to partici-
pate under its Articles of Incorporation and under Article II, Section 2, hereof.
Section 6. Quorum for Anv Act.ion Authorized Under Sections 4 and 5.
I
I
I
I
i
I
I
I
\
i
I
I
!
I
!
I
!
!
1
i
I
i
!
i
\
,
The quorum required for any action authorized by Sections 4 and 5 hereof shall
be 88 follows:
At the fir:tlt meeting called, as provided in Sections 4 and 5 hereof.
the presence at the meeting of Members, or of proxies, entitled to cast sixty
(60%) percent of .11 the votea of e.ch cl.ss of memberahip sh.ll constitute.
q'-10rum. If the req~,lred quorum is not forthcoming at any meeting, another meet-
ing may be called, subject to the notice requirement set forth in Sections 4 and
5, and the required 41uorum at any such subsequent meeting shall be one-half of
the :required quorum lit the preceding meeting, provided that no such subsequent
meeting ah.ll be held more th.n sixty (60) d.ys following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: Due Dates.
.'-
r-
The annual assessments provided for herein shall commence on the date (which
.h.ll be the firat d..y of . month) fixed by the Board of Directors of the Asso-
ciation to be the date of commencement.
The first ,ilnnual assessments shall be made for the balance of the
calendar year and sh,illl become due and payable on the day fixed for CODmence-
ment. The assessments for any year, after the first year, shall become due
.nd p.y.ble on the fLrat d.y of M.rch of a.id ye.r.
The amount of the annual assessment which may be levied for the bal-
snee remaining in th,e first year of assessment shall be an amount which bears
the same relationship to the annual assessment provided for in Section 3 here-
of as the remaining number of months in that year beat to twelve. 11\e same re...
duction in the .mount of the ......ment .h.ll .pply to the first. ......ment
levied .g.inat .ny property which ia here.fter .dded to the properties now sub-
i
I
I
i
i
I
i
.
,
,
i
!
,
I
,
I
I
,
i
,
jeet to assessment at a time other than the beglnning of any assessment period"
- 17 -
B~~K 301 LICE ;{U{j
"
'''''"
""
A~
_.
_L...~'~~'3L""
, .
The due date of any apecial aa.e.ement under Saction 4 hereof .hall
be fixad in the reaolution authori8ine .uch asse.sment.
Section 8. Duties of the Board of Director.. The Board of Director.
\
of the A..ociation ahall fix the d.te of commencement and the amount of the
.
.Ise..ment against each Completed Living Unit for each ...e88ment period at
leaat thirty (30) d.ys in advance of such date or period and shall, at that
time, prepare 8 roster of the properties and assessments applicable thereto
which shall be kept in the office of the Aaaociation and shall be open to inspec-
tion by any Owner.
Written notice of the assessment shall thereupon be lent to every ~er
aubject thereto.
The Association shall, upon de~nd, at any time, furnish to any Owner
liable for said aaseaament a certificate in writing aigned by an officer of the
Asaociation, setting forth whether aaid asseasment has been paid. Such certifi-
cate shall be conclusive evidence of payment of any assessment therein stated to
have been paid.
I-
Section 9. Effect of Non-Payment of Aaseaament: The. Peirsonal Oblha-
.. ;.
tion of the OWner: The Lien:' R.emedies of Aaaociation. If the. ..ae'samentB are not
paid on the date when due (being the date. apecified in Section 7 hereof), then
such assessment shall become delinquent and shall, together with 8uch interest
thereon and COBt of collection thereof, as hereinafter provided, theteupon be-
come a continuing lien on the property which shall bind auch property in the
hands of the then Owner, his heirs. devisees, personal representatives and
If the assesament ia not paid within thirty (30) day a after the de-
i
I
I
I
1
I
I
I
I
I
assigns. The personal obligation of the then Owner to pay such assessment, how-
ever, shall remain his personal obligation for the statutory period and shall
not pass to his soccessors in title unless expressly assu~ed by them.
linquency date. the assessment shall bear interest from the date of delinquency
at the rate of seven (7%) percent per annum, and the Association may bring an
,
action at law againat the Owner personally obligated to pay the same or to fore-
close the lien against the property, and there shall be added to the amount of
~. .:,.;,;~/
- 18 -
. .
,
i
\
BOOK .'30 1 fAGE :~()'7
. .
..
.:"~"""'''''.'~';IIIIiilI~~~~.r"j""''';i'"'""'i"",,,,,,"~~,~__ljIW'
'1llrd ,~
...'~ ~-. 11
. ,
ouch oaaeasment the costs of prepar,ing and filing the complaint in such action,
and, in the event a judgment is obtained, such judgment ahal1 include interest
on the assessment 8S above provided and a reasonable attorney's fee to be fixed
by the court, together with the cos:ts of the action.
j
i
I
I
I
!
I
I
I
I
i
I
~
"
,
!
1
Section 10. Subordination of the Lien to Mortgagea. The lien of the
assessments provided for herein ahall be aubordinate to the lien of any mortgage
or mortgages now or hereafter placed upon the properties subject to assessment;
provided, however, that such subordination shall apply only to the assessments
which have become due and payable prior to a sale or transfer of such property
pursuant to 8 decrE'e of foreclosure, or any other proceeding in lieu of fore-
closure. Such salE' or transfer shall not relieve such property from liability
for any assessments; thereafter becoming due, nor from the lien of any such 8ub-
sequent assessment.
Section 11. Exempt Property. The following property subject to this
Decla'ration shall he exempted -from the assessments, charges and liens created
herein: <a> all properties to the extent of any easement or other interest
therein dedicated lInd accepted by the local public authority and devoted to pub-
-
lic uae; (b) all COlIll8on Properties as defined in Article I, Section 1, hereof;
(c) all properties exempted from taxation by the laws of the COlllllonweaith of
Pennsylvania, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no Completed Living Unit devoted
to dwelling use shull be exempt from s'sid assessment, charges or liens.
I
!
,
I
J
f
r
I
,
ARTICLE VI
PARTY WALLS FOR DUPLEXES, APARTMENTS AND TOWNHOUSES
Section 1. General Rules of Law to Apply, Each wall which is built
oa part of the original construction of the homes upon The ProperUea and placed
on the dividing alOe between the Lots shall conatitute a party wall, and to the
extent not inconsl:stent wlth the provisions of this Article, the general rule.
of law regarding puty walla and of liabili ty for property damage due to negli-
gent or willful acta or omiasions shall apply thereto.
- 19 -
BOOK :)(J 1 '1M ;~I)b
liL......"""
I
~/
,,-"
J
,,",~
, .
.
Section 2. Sherin~ of Repair and Maintenance. The co.t of ree.onable
repeir end maintenance of a party wall .hall be .hared by the Owner. who meke
ule of tho wall In proportion to such use.
Section 3. Destruction by Fire or Other Caaualty. If a party wall i.
deetroyed or damaged by fire or other ca.uelty, any Owner who he. used the wall
mey restore it, ehd if the other Owners thereafter make use of the wsll, they
shall contribute to the cost of restoration thereof in proportion to such use
without prejudice, however, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for negli-
lent or willful acts or omisstona.
Section 4. WeatherprooUnR. Notwithstanding any other provision of
this Article, an Owner who, by his negligent or willful ect, causes the party
wall to be expoaed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
Section 5.Ri~ht to Contribution Runa with Land. The right of any
Owner to contribution from any other Owner under thia Article shall be appur-
tenant to the iand and shall pass to such Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising concern-
ing a party wall, or under the provisions of thia Article, each party ahall
choose one arbitrator, and such arbitrators shall choose one additional arbitr.-
tor, and the decisiona of a majority of all the arbitrators shall be Unal and
conclusive of the question involved.
ARTICLE VII
ARCHITECnJRAL CONTROL COHllITTEE
Section 1. Review by Committee. No building, fence, wall or other
structure shall be commenced. erected or maintained upon The Properties. nor
- 20 -
BOOK 30 t fAGE :~()9
-~"
,
I
i
J
iIiiIi_
iJi^ ~'"~ ~""lIt1lait1J""&~Il~~N~I'U:l"W"'iUl_~"","",~jW'!llifl
"
....--.'--'
, ,
.hall any exterior ,addition to or change or a1terationl therein be made until
the plans and specifications showing the nature, kind, shape, height, materi.l.,
and location of the same shall have been aubmitted to and spproved in writing
,,"
as to harmony of external design and location in relation to surrounding struc.
tures and topography by the Board of Directors of the Association, or by an
architectural committee composed of three (3) or more representatives appointed
by the Board. In the event said Board, or its deaignated committee, fails to
approve or disapprc,ve such design and location within thirty (30) daya after
said plans and specifications have been submitted to it, or in any event, if no
8uit to enjoin the addition, alteration or change has been commeneed prior to
the ~ompletion thereof, approval will not be required and this Article will be
deem~d to have bee" fully complied with.
ARTICLE VIII
EXTERIOR MAINTENANCE
S~ction L. Exterior Maf.ntenance. In addition to maintenance upon the
Common Properties, the Association may provide exterior maintenance upon each
Completed Living Unit which is subject to assessment under Article V hereof, .a
-
follows: paint, repair, replace snd care for roofs, gutters, downspouta. exter-
ior building surfaces, trees, shrubs, grass, walks, and other exterior improvew
ments.
I
i
i
,
i
I
1
~
I.
I
!
!
Section 2. Assessment of Cost. The cost of such exterior malnten-
ance shall be assessed against the Living Unit upon which such maintenance 18
done and shall be added to and become part of the annual maintenance assessment
1
Alterations for the purpose of this section shall include, inter alia, the
following: The installation, painting and repair of any shutters, awnings,
winclowboxel, doorllteps, stoops, porches, balconies, patios. and all exterior
doota and windows (including storm doors and windowa), exterior carpeting, or
oth~r fixtures denigned to serve. Living Unit but located on the exterior of
..i<l unit and shan require the submi88ion to and prior approval of the Archi-
tectural Control C:onnittee.
i
f
I
I
i
!
\
,
I
,
I
,
- 21 -
BaJ,1 :W 1 f^G[ :UO
.
iI/tiiii
, , >
or charso to which luch LivinS Unit il subject under Article V hereof end, Sl
pert of luch ennuel aueument or charse, it shall be I Uen end obUSIUon of
the Owner end shell become due end payable in III reapecta as provided in
Article V hereof. Provided that the Board of Directors of the Asaociation, when
establishing the annual asseSSment ag.lnst each Living Unit for any aSBeasment
year 88 required under Article V hereof, may add thereto the estimsted coat of
the exterior maintenance for that year but shall, thereafter, meke such adjust-
ment with the Owner as 1s neceasary: to reflect the actual cost thereof.
.
.
Sfi!ction 3. Access at Rea:sonable Hours. For the purpose solely of
performing the exterior malntenanc~ authorized by this Article, the AssociatioD,
through its duly authorized agents or employees, shall hwe the right, after
r~8sonable notice to the Owner, to enter upon any Lot or exterior of any Living
Unit at rea~on8ble hours on any day except Saturday or Sunday.
ARTICLE IX
GENERAL PROVISIONS
.
:
-\ ,.
"~/
Sectlon I. Duration. The covenant a and restrictions of this Declare-
tion ehell run with and bind the land, and ahall inure to the benefit of and be
enforceeble by the Developer, the Aaaociation, or the Owner of any. land aubject
to this Declaration, their respective legal representatives, heirs, successors,
end aasigns, for a term of twelve (12) years from the date this Declaration is
recorded, after which time said covenants shall be automatically extended for
auccesaive perioda of ten (10) years unless an instrument aigned by the then
Owners of two-thirda (2/3) of the Lots has been recorded, agreeing to change said
covenants and restrictions in whole or in part. For purposes of meeting the two-
thirds requirement, when Completed Living Units are counted, the Lot or Lots
upon which auch Completed Living Units are situated shall not be counted. Pro-
vided, however, that no such agreement to change shall be effective unless made
.
end recorded three (3) yeara in sdvance of the effective date of such change,
and unless written notice of the proposed agreement is sent to every ~er at
least ninety (90) days in advance of any action taken.
--~
. 22 -
BOOK :m 1 fAGE :~ 11
I
I
.~'::;';:i----~-iIlillillliJ:iili
1Il1_.iIiii~i'I~;lli.~>I"'~'''''''',-~''''''~ ~-
,~ .~
~~-~ "
~ ~ "
I
Section ~~. Notices. Any notice required to be sent to any Member or
Owner under the pr<>visions of this Declaration shsll be deemed to hsve been
properlY sent when mailed, postpaid, to the last known address of the person who
sppeau as Member <>r Owner on the recorda of the Aasociation st the time of auch
I
I"~,
"""~,_.
"
...iling.
Section ~l. Enforc~ment. Enforcement of these covenants and restric-
tions shall be, by lI~y proc~eding at law 01' in equity against any person or per-
80ns violat1.ng or uttempting to violate any covenant or restriction, either to
I
restrain violation or to recover damages, and against the land to enforce any
lien created by lh(~se covena'nts; and failure by the Association or any Owner to
enforce any covenallt or restriction herein contained shall in no event be deemed
s waiver of the right to do so thereafter.
Sec~ion 4.. Rese,rvation. The Developer has submitted to the author-
ities of Upper All1~n Township certain plans for the future development of the
real propeny descdbed in Article II of this Declaration and such additions
thereto as may her~~8fter have to be made pursuant to Article II, said plans hav..
ing been submitted in order to fulfill the requirements of township ordinances
1-
and the Pennsylvan:la Municipalities Planning Code. Said plans are on file with
Upper Allen Townsh:Lp. The Developer may be required to make additional submi...
!
,
f
I
sions ()f plans to l!aid authorities. All such plans are part of the public con-
troIs imposed by the Township Board, the developers, owners, resident8 and users
of the project and they do not create, and are not intended to create, any private
propert;y or contr81:t rights in the owners and residents of the project. Tbe plana
which t:he Developell" has submitted to the township authorities represent a pIG of
i
,
i
!
,
development which Ithe Developer believes will provide maximum benefits to the
resideI'lts, owners llnd the public. During the extended development program, bow-
ever, "arious factl>rs can intervene which may hinder the effectiveness of 8uch
long-nilnge plans 811d which may threaten the benefits to be derived by the resl-
denta, owners and the public unleas such plans can be modified as prescribed by
the applicable to~'ship ordinances. Accordingly, this Declaration is not intended
to nor does it gral1t or create any private property or contract right. under 'any
- 23 -
BJJK :W I rACE :H~
L
~
"
'iA~1
'l, '"c.
.'
of the above deacribed plana and auch plani continue to remein aubject to modi-
.
I
t
fication by the proper townahip authoritiea in accordance with the procedure a
aet forth in the ordinance. of the townahip and the Pennaylvania Municipalitiea
PlaMing Code.
\. .,.,,,/
Section S. Coordination of Finiah Gradin~ andLandacapin~ Operationa.
To permit the coordination of finish grading and landacaping operationa and the
provision of permanent and/or temporary storm drainage facilities 8& development
work progresses from lot to lot, the Developer, at his expense, shall have the
right to change, alter, modify and/or reViae the finiah grade and to complete
landacape work of the yard within ten (10) feet of any lot line and in drainage
awalea beyond said ten (10) feet after title to a lot and the dwelling thereon
haa been transferred to another Owner.
Section 6. Severability. Invalidation of anyone of these covenant.
or restrictions by judgment or Court Order shall in no wise affect any other
proviaions which ahall remain in full force and effect.
" !:
\,..1; ~
1
I
[
I
I.
I
,
I
!
i
,
,
i
I
;
ALLENVIEW, INC.
y/azj I Pi',J f1J t ~
, Secretary
ily
-7
'-/4.:.~
/ .2.::>-r,.
./ ~;7
/-- :5/7~
President
ATTEST:
.,...,......#
It' .~ I' "..
. ../ '.
,'. ..}....... ./ ..
.. ~ .. ~...
~ ,~.... ~..
( SEAL)
'i
i
,
I
I
I
I
I
\
l
I
i
I
I
~. ~ '.
',. .
, ~
""
"
. .' . .,'-.
.. .......f\,.
..,# ,I.
..".....,...,..
j
.
o'
f
r
,
\
,
/Utw..~ i
(I. J/ &[I-r~c..-.,.) -t-{1.~vN:'
SOo/ i'jeiA w..e. fi-l:c.
/JUc-lv lw, /7 OS- S-
I
f
}
,".-.,-,/
. 24 -
:
i
I
)
BOOK 301 PAGE ~13
11iIrIIlIiI~1Itb~1;I_~~""'''i>tl.<I~"~",.""",~,,~,,.14liiiH~1iI j
o '"" =
"..~"~~~" .~.....-
"i
r ,f'
.
i
!
I
,
l~,-,
COMMONWEALTH OF PENNSVLVANIA )
,
COUNTY
OF
_/_h,i4/.~ '-
On this, the
tW
day of
d//'P'H/A' 19Sj(, before me,
a Notary Public, the undersigned officer, personslly appeared BENJAMIN L.
BRENEMAN, President ~f Allenview, Inc., successor to Breneman and Calabrese,
known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within lnstruD~nt, and that he executed same for the purpose therein
contained.
My
\
r--
I
I
'.
State 01 Pennsylvenla } SS
County of Cumberland
Recorded in the office lor the recording 01 Deeda
ete., in and for Cumberland County. Pa. )1" ~ '\~(
In Book r. ~ Vol. ~ Pag..~ )?:
wilness my ha~d and seal 01 olllee. at. . T~{': .
Cerl_ ~ 1 (~o(~ _ '~'"
. \_)J_ :y~ -
Recorder :.:
,
. \ I,-l',
" \ "-~..
i,::
..... .
""":-..
.r
, ,~,~". ,.,
.""':....
1-\
',.
, '.
."
:\
, ",. "-
/ 'r:---
I
3n~ :3')! f,\r;E'~U
,..
~
.,
-
.#;,
.
,
.,
\!!.
.
.'.-...1-
-"
,_ ,'O'd,' ;--,' . .;,_.;,;"-~
'",.'
.
.
';.,
\
~~
( ..
.,
\
,
\
"
ARTICLE I
Definitions
Section 1.
"Associa tion'" ,shall m""n and refer to The AlI.,nvie..
Home O~~ers ~ssociation,Incorporated, a nonprofit corpotation orsanized and
existing under the laws of the Comm?nwealth of Pennsylvania.
See tion 2. "The Properties" shall mean and refer to Allenview
Planned Residential D~velopment, Stage I, and such additions the~eto as may
hereafter be brought within the jurisdiction of the Association- by annex-
ation as provid.,~ in'Article VI, Section 2,' h~~ein.
Section 3. "Co::unon Properties" shall mean and refer to parks, play-
.grounds, s\./im:ning pools, commons, streets, footways, including buildings,
structures, personal properties incident thereto, and any other properties
o~~ed and maintained by the Association for the common benefit and enjo)~ent
of the residents within The Properties.
.
ARTICLE II
Location
~~tio~. The principal office of' the Association shall be
10C'att::d <It 5001 Carlisle Pike, HechaniC"'burS, PcnOlsylv'lnia 17055, Cumber-
land Councy.
~.~
liB"
L
'.
"
,
.'~
.'. . ~
,. ") .0
ARTICLE III
Memb~t"ship
.. '., " ~~, ... I..: \,.
's.....s:.t j~,!, 1.
Evcit"y person or entity ~ho is a recot"d owner of a
fe'~ 'o'r' u'ridi:vid..d fee, :interest in any Lot (or Li':'ing Unic) which is sub":
ject by cov<,n""ts of record to assessment by the Association shall be a
member of the Association, provided thAt any such person or entity who
Section 2. The rights of membership are subject to the payment
of Anneal and special assessments levie~ by the Association, the Obligation
\
I
I
;
!
i
I
of "'hich as:H'lii'::\"n~s is imposed against each o'~'net" of and becomes a lien
UpOn the pt"opet"ty "sainst which such assessments,at"e made as pt"ovided by
,}.rt:iC1e V of the Declaration of Covenants and Restrictions to which The
P,ro;>er-ties l1t"e sllbjc<ct and recot"ded in Miscellaneous Book Volume 226,' Page
24" Office for RccQrding of Deeds, Cumberland County, December 30, 1976,
"
'and which pt"ovidc as follows:
1. Crs:.~~5on of the U<'':\-2!)'? Pers.,2,nnl Obligation of Assessments.,
,
The Developer for each Lot (and l.iving Unit) o'-'T\ed by him within
The l'r-oI'Pl.ties hereby covenants and c.aeh Ot.rner of ,any Lot (or
T.ivilll; tlnit) by aecept"nc.:e .of a d"ed ~llet"efor-, "hether- or- not it
sha 11 be llO expressed in any sue.h deed or- other convt.:}'anee,' be
d"cmed to' eovcnant and ast"ce to pay to the Association:, (1) annual
.. . ..( ~ ch'rges' (2) "r"ei~l """".ssm"nts lor capital i/lll'"ove-
.:J~;::;l..~;:anl'n ,5 0.. ... .
. :"".~: tp.~
. "
m(,:nt..o;. such :I$SC~::imerH.S to 9C fixed" c:sc.:zblished. .1nd collected
ft"om time to time as hereinafter piovided. The annuai and special
,.
., .
I
" ,
~.' J ..
..
~~
,~-' .
. ,,..,.,
,
.~
,.
tlsscssnu.:nts, lugether \.:ich such !ntcH"cst chereon ;:Jnd costs of
" '
I
I
\
,
I
I
I
i
I
I
1
I
1
'cotlaceion thcruof as herainafee~ p~ovided, shall be ,a cha~ge
on ehe land and Sl)';ll be a coneinuing lien upon ehe p~op~rty
against:",hich each suc~'assessntene is made. Each such assess-
ment, togethe~ wieh such i~terest thereon and cost of colle~eion
~ ~. .,:"
. .":
, . -
.'v"c:'~ereof as ho~einafcer provided, shall alsa be the pe~sonal
obligation of the person who was ehe Owner of such property at
the time "hen the assessment fell due.
2. Puroose of Assessmenes. The assessments levied by the
;'
ii
,
:1
j!
"
"
~;
11
II
n
I,
"
"
II
Ii
Ii
"
il
Ii
Ii
Ii
II
11
?J
II
I
I
Association shall be used exclusively for the purpose of pro-
moting the recreation, health, safety, and "elfare of the resi-
dents in The Prop",rties and in particular' for the improvemene and
maineenance of propereies, services, and facilieies devoted to
chis purpose and related .to ehe use and enjo)'mene of the Co",;::on
Propereies and of ehe homes situaeed upon The Properties, including,
,but not limited to:;, t:he payment: of ea>:es and insurance' thereon and
rupair, rcplan'J;ient, and adcli,tions eher,et.o, and for the cost of
labor r equi prm~nt., n:a ceria Is,. man26~lnent , and supervision thereof.
3. llasisand N;;:.:im,,::-. of Annual ABcssments. From and after Janu-
ary 1, 1979, anlh:.at assessm..ants'~'a)' be'levied, said assesscents
sh'''t1. be' fuvit.d and a?plied in a'cc<.'rrlance "ith Article V, Section 3,
" .
of the revisud D~clatation of Cov_nants and Restrictions recorded
on the
c1.:ly of
19_, in Book
.--..-'
P,lgE'
, in thEl. R<:c<.",d..r <.f :lct>ds Office<, Cumberland CO<'::'lty.
. .
-3-:,/:>'-;[
" ,
/
I . .:: . .;. ~.
.-" ,
,
4. Special Assessments {or Capital !mpl"ovl!ments. In addition
_0'
to the ann~al assessml!nts authorized by Section 3 hereof, the
Associ~~~n may levy in ~ny assessment yoar a special assess-
ment, applicable to chat'year only, for the purpose of defray-
ing, in ~hole or in pare, che cosc of any construction or re-
I
I
I
I
I
I
I
I
I
I
I
I
I
\
"
,I
"
,I
II
1
,
I
.\
:1
1,\
:j
I
1
,
:1
construction, unexpl!cced repair or replacl!ment of a described
capital i~?rovemenc upon the Common Properties, including the
necl!$sary.fixcures and pel"sonal property related thereto, pro-
vided thac any such assessment shall have the assent of t~o-
thirds of the vot.es of oach class of Hombers '-'ho are voting in
pel"~on or ~y proxy at a meeting duly called for this purpose,
wdtten no:iee of ,,'hieh shall be sent to all }:cmbel"s at least
thirey (30) days in advance and shall's:et forth the purpose of
the meeting.
5. Cha"l':e in Basis and Haximulll of Annual Assessments. Subjecc
to the li",irarioos of Section 3 hereof, and for the periods there-'
in sp<>eified,. the Association Illay change the maximum and,'basis of
the ~Nscs~~~nts fixed by Section 3 hl!l"coC prospecLively ior'any
sueh "o!"iod provided that "ny such change shall have the asscmt
of cwo-thi~ds of che votes of each class of Kembel"s who "re
vortno; in ;"I""on or by pT'oxy, "r a m....dng duly ""Ued For r.hl,;
purpo"I!, w~itten notice oC which sh~l~ bl! Sl!nt to all Mpcbrrs at
-'" }..,,,,,t'.thir::)' (0) d"ys in .,dvance and sl;all I<et. forth l:hepllJ:"l'ose
'"fthe: m"",:lng, pruviuc.d Cunhel". th:tt: the> li",ic"r i!>ns of S...c,:}<,ns
3 lh:rL:of ~".,ll not "l'ply to "ny ch,'"se in the> m""i...um and .b.,sis
.. .'
...... ....
0" .
'.":.
:.:;""-:,;::.::~~~
~> .
"
, .
" .
f
ot the assessments undertaken as an incident to a merger 'or
--
,.... I
consolidation in which the As~ociation is authorized to partici_
.''pa'te- .ul.&er its Ar.ticles of Incorporation and under Article II
. . . ,
i:"';'. "
:. ~ ... , ~
'S'e.cti.on Z. of the Declaracion of Covenant:s and Restrictions.
6.' Q\lot'um for Any Actton Authot'ized Under Sections 4 and S. The
"\
"
I
;1
11
I
!
!
I
quorum required for any action authorized by Sections 4 and 5
hereof shall be as follows: At the first meeting called, as
provided in Sections 4 and 5 het'eof. rhe presence at the meeting
of N..mbers. or of proxies, entitled to cast sixty (60) pe.r cent
0.( all the votes of each class of membeLeship ,shall constitute a
quorum. If the re.quir.ed quorum is not forthco!:ling at any meeting,
anoth"t' meeting may be called" subjE'!ct to the notice requit'ement
set forth in Sections 4 and 5. and the' required quorum at any
such subsequent meeting shall be one-half of the required quorum
at the preceding meeting, .provided that no. such subseq.uent meeting
shall be held more than sixty (60) days following the preceding
~
meeting.
".
"
7. Date_of Co~menc~~~nt of Annual Assessments: Due Dates.
<lnn\lal assessments provided for h"Leein shall co::o.:nence on the date,
The
. ("hit'h 511",11 be the (irst day of a month) fixed by the, SoaLed of
nil'vc:l<lI'S of the AS"'Clr.j"tion to be rhe date of com,,,enccment.
The first annual assussme:nts shall be r:Ia<;le for 1:he balance of
'" \; t'h'e c'"l"iid"r year and shall .beco:ne 'due ;ond pa:J"~~le on the day rixed
.',
r;C' C"vmmc.'I1C:c'mcnc. The O1srH"s:-r!1.:::"its (ue" .111Y ).C'ar.' a'rt~t" .~he first
-5-
-"-o'c.
~.'
.'
."
"
~
.' .
" .
..
v
year, shall become due and payable on t~e first day of March
of said year.
. .
The amount of the annual assessment ~hich may be levied
. ,
'" rr,'.;;',""'''.;.:, ' for"the-balance remaining in' the first year 'Of assessment shall
....F.:; ..
"
.-. ..
be an amount which bears the same relationship to the annu~~'
assessment provided for in Section 3 hereof as the-remaining
number 'Of manths in that year bear to twelve. The.same reduction
in the amaunt 'Of the assessment shall apply to the first assess-
ment levied against any property which is'hereafter added to the
properties now subject to assessment at a time ather than the be-
ginning 'Of any assessment per~od.
The due date 'Of any apecial assessment under Section 4 hereof
. '
~all be fixed ~n the resolution authorizing such. assessment.
;:
'8.nuties 'Of the Board 'of Directors. The Board of D~rectors 'Of
. ....,the Asseciation shall fix the date of celMlencement and the amount
> .,>'
. ~.". . ...
...~..' .
':: .'Of the assessment against -each Lot ('Or Living .Unit) for each assess-
':"'''Illent peried 'Of ...at lea'st thirty ,(30) days in advance 'Of. such date
,
,.:'<lr'.period and shall, at that tine, prepare a rester 'Of the prop,,":
..; .
......: ::
r: ,-~'. J. .'
....
'~.~~rtiesand assess~ents ~pplicable:thereto which shall be 'kept in
'~the office of the Association and shall be.open ta inspectian by.
.';any Owner.
.:~r!tCcn ~o~ice 'Of the assessment shall chereupon b~ sene to
. . t_ .
.
'>')every Owner 5ubj e.ce ehereto.'
- . ..
,'}:'.:r:::ii:iJ:t::~.:~.~Th~::^SSOci~~;i~n..shal~:UI'C:" demand ;1t.:any .t;,Im".. fur,nl$h eo. any .".
'....: ,,:;,./: " - .... :',.1Jlo'tIer ':li"ble %or 'said "s",es"~.,,nc ~:-C,,;i:':r.ficace f.;';''':~i C1~g s'isned.
:3~,}i;~:jj,1~t~;<t", " X " ";. ;J':'rf;;i;:~" ',' .. . '. i~
-..
,.'
-"-...
I
.' .
".
. , ..~
r ..
- - ,
: ~.:-" ",-.
';',
. . :.;:'~ ::'.:..' .
. ~.~ ",' .
.....
. ..... :-:';: ~
.. ;'::::~,'.:~..;,'~'
,'.. ',.. ..
. ;.
;' .
.:.:/.~:!..... .
~.~..:,. .
0':"
.i,'
.' .!
". ~,~,,:
. ...~~:... .....
.~ .~-~:~~~'\ ".,;
":.:~;;~~:'" .~
-.
"~'
~
;.
II
II
1\
It
r
'.. .'
. ~ t
.,
Ii
Ii
Ii
i
'.b:,' an officer of the Association, setting forth ~hether said
assessment has been-paid. Such. certificate sha~l be conclusive
ev~dence of pa)~ent of any assessment there!n,stated to have
. -.,'
been paid.
9. Effect of ~on-Payment of Assessment: The Personal Obli~ation
1
,
ii
,
!i
of O",,,er; The Lien; .Remedies of Association. If the assessments
are not paid on the date ~hen due (being the dates specified in
Ii
Ii
it
Ii
Ii
Ii
Ii
II
It
Ii
I;
,
II
,
:
...., :
.r.....;..
Section 7 hereof), then such assessment shall become.d~llnquent
and shall, together ~ith such interest thereon and cost of col-
lection thereof as hereinafter provided, thereupon become a con-
tinuing lien on the property which'shall bind such property in
the hands .of the then Owner, his heirs, devisees, .personal'rep-
,
resentatives and assigns. The perso~al obligation of the then
. .
Ow~er to pay such assessment, ho~ever, shall remain his personal
obligation for the statutory period and shall not pass to his suc-
cessors .in title unless expressly assumed by them..
If the assessment is not paid ~ithin thirty (30) days after
the definquency date, the aS$essment shall bear interes.t from the
date of delinquency 'at the rate of six (6) E'er -cent per annum, arid
the Association may bring an action at law'against the Qvner per-
.son,,111 obligated to pay the same or to foreclose the lien against
the property, and there shall be added to the amount of such assess-
'.
ment the costs of preparing and filing the complaint in such action,
. "a~d in ~i;~ event a j<lcl(;lll",nc' is obtained, such judgment shall include
-7-
. . ~
~
.' ~
,-~--
'-.
'., ."
. ,
'\
interest on the assessment_~s above provided and a reasonable
[1
I;
,
\;
attorney's fee to be fixed 'by the court together "'ith the costs
of the action.-
I
I'
t
I:
i
[:
I
t
r
[
I.
!
f
!
,
f
i
\'
la. Subord!nation of the Li~n to Mort~Q~es. The lien of the
assessments provided for herein shall be subordinate to the lien
of any mortgage or mortgages now or hereafter placed upon the
properties subject eo assessment; provided, however, that such
subordination shall apply only to the assessments "'hich have be-
come due and payable prior to a s~le or tr3nsfer of such property
pursuant to a decree of foreclosure, or any' other proceeding in
lieu of ' foreclosure. Such sale or transfer shall not relieve such
property from liability for any assessments thereafter becoming
due, nor from the ~ien of any ,such subsequent,assessment.
11. Exempt Property. The following property subject to this
Declaration shall be exempt,ed froUt the assessment.s, charge and
lien created herein: ~a) all properties to the extent of any
easement or other interest therein dedicated and accepted by the
local public authority and devoted to p~hlic use; (b) all Co~on
Properties as defined in Article I, Section 1, of the Declaration
of Covenants and Restrictions; (c) all properties exempted from
'taxation by the 1a"s of the Comllron"'ea1th of Pennsy1v:,nia, upon
the terms and to the extent of such legal ex~mption.
Notwithstanding any p'rovi',s'ions', herein, no land or improve-
- ;.~
'. .
.. 'ments devoted to dwelling use shall be exempt from said assesS-
meMes, charges or liens.
-8-
-,
II
~
1\
II
.\
b
i'
I
t
u
l.
'. . t .
~',:''''-:-:. ~
'-
...., ~
Seccion 3. The membership righcs of any person whose interesc in
The Properties is: subject to a~$essments under
or not. he be personally obligated to pay such assessments, may be suspended
.
c:l:ltibrl 'erf" t:he".aii'ectors during the .period when the assessments remain unpaid;
'bu.!:", upon payment' of such :>ssessments, hi,s rights and privileges shall be auce"
ARTICLE IV
I
I
!
i
I
\
I
!
I
I
,I
~
II
II
\1
II
1:
~
\
matieally restored.
If the Directors have adopted and published rules and
, .
regulations governing the use of the common properties 'and facilities, and the
personal eonoue.t.. of. any person thereon, as provided in Article IX, Section 1,
they ma)', in cheir discretion, suspend the righcs of an:;: such person for vio-
lation of such rules and regulations for a period not to exceed thirty (30) days
Votin~ Rights
Section 1.
The Association shall have two classes of voting
membership:
Class A. Class ~ ~embers shall be all those owners as de-
-
. .
fined 'in Article III, -Section 1, of the Declaration..;;f "Covenants
.,
;
and Restrictions, ,:,ith' ~he except~nof tj,e D.cv~loper~",'1:lass A
. . ~:. . . '. 11."
"a1l'lObers shall be en titled" to one voce for E'flch. Lo't :'.{oi l..iving
Unit) in which they hold the int~rests
.'
raq,'ir"d f~r~.~~:::~ershiP
l'"r""nl1olds,'s;;;h" interest
. _. ,,"
.' . .',
by s.,id Sect,ion 1. IJhcn more th"n on"
or int~rcsts in any Loc (or Living Unit) a]1~uch'~~r~~ns shall
.becni('mhet"s, and the vo.ce ,for .such. Lot (or.Liu:ing Unit). .shall be
:..,;
..", .....C'x~..t"ci~cd as tht.~Y nm<.tng chc.'r.t:;C':'lvcs 'uet'cr"mlne.,. 'but iz:".no event
'.:-.., '-,'
...: ...
sl1.'1 1 t .more c.h~n one va ce be c:as t: \J 1 ch rcspcc t: to. '~lji.'.~.u;ch Lot
: _. ~~~~. '~r-:". -
(or
,:Livlng Unit).
:~t
.., .
"
...,. '"
JOHN E. SLlKE
ROBERT C. SAIDlS
GI::.oFFREY S. SHUFF
ALBERT H. MAS LAND
IOHNNA 1. DEILY
RICHARD P. MISLlTSKY t
lAMES E. REID. JR. tt
KARL M. LEDEBOHM
IOSEPH L. HITCHINGS
MARK W. ALLSHOUSE
L .'
'''"' ~"
II
I
\
I
I
\
\
~".'-".
,/"-'-........
,
LAW OFFICES
SAID IS, SHUFF & MASLAND
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CA!"IP HILL, PENNSYLVA!'<IA 17001-0737
TELEPHONE: (717) 737-3405' FACSIMILE: (717) 737-3407
EMAIL: law@ssmatrys.com
CARLISLE OFFICE;
26 W. HIGH STRfET
CARLISLE. PA 17QI3
TELEPHONE: (711) 24~212
FACSIMILE: (717) 243~
November 5, 1999
VIA CERUl+1.lW AND REGULAR MAIL
REPLY TO CA1"1P HILL
I
J
\1
"
1\
Ii
fl
I
"
II
I
I
'I
I
I
Ii
~
Ij
I
1
I
,
,
11
II
\j
II
jj
II
\1
11
'I
1\
I]
"
\
1
I
i
Paul J. Brinig
604 Allenview Drive
Mechanicsburg, PA 17055
;
RE: Delinquent Homeowner's Association Dues -
604 Allenview Drive
Dear Mr. puchalski:
The Allenview Homeowner's Association (the "Association") has referred to my office the
collection of the delinquent Association dues regarding the above-referenced property. As a result
of your default to make payment to the Association as required in the covenants and restrictions
recorded in the Cumberland County Recorder of Deeds Office and the Association's By-Laws, the
Association hereby exercises its right to accelerate all dues through December, 1999. The total due
to the Association as of November 4, 1999 is $717.94, itemized as follows:
1.
Balance of April, 1999 and $ 77.60
late charge
Dues forJune, 1999 195.00
Returned check charge 10.00 ,
Dues for September, 1999 195.00
Dues for December, 1999 195.00
Interest through November 4, 1999 7.84
Legal fees 37.50
Total due to the Association
as of November 4, 1999: $ 717.94
$3.36 per month
2.
3.
3.
4.
5.
6.
7.
8.
t CERTrFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY
A PENNSYLVANIA SUPRE)-IE COURi ACCREDITED AGENCY
tt L,L.M. [1'1 TAXATION
Exhibit "c"
.
J"
~ ~ , ~"
__-1" -"
I""-~
I
1\
,I
Ii
11
;l
I!
U
'I
I.
n
II
!I
H
'I
'(
~
'I
I,
\l
I
'. -.,.
Demand is hereby made for the payment of the $717.94 to the Association within thirty (30)
days of the date of this letter. In the event you do not pay the above amount within thirty (30) days
of the date of this letter, in full, plus interest to the date of payment, I have advised the Association
to bring a collection action against you. In such event, the amount which you owe to the
Association may increase by such amounts as additional interest, court costs, sheriff's fees where
applicable as well as any reasonable attomey's fees incurred by the Association.
If you do not want the Association to sue you, please contact Betty Fitzpatrick at 761-5085
within thirty (30) days of this letter to arrange payment.
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this
letter is an attempt to collect a debt and any information obtained will be used for that purpose. An
important notice of rights is stated on the back side of this letter.
,~
.,
(1
Jj
~1
,l
"
h
~i
~)%O~I
~~fe~i;;&
II
II
"
fl
\!
j'l
ii
II
ii
'I
u
l\
~I
Very truly yours,
KML/cg
cc:
Betty Fitzpatrick
Property Manager
H
l!
I']
[)
I'
~
n
I
,1
11
ii
1
"
I
I
I
I
I
I
I
I
""
~ ;,,'- - , -- '. - < ~
-~
. -~---
,
, ". .... ""
NOTICE
This letter is an attempt to collect a debt.
If you dispute the validity of this debt, or any
portion thereof, and you contact the undersigned within thirty
(30) days after receipt of this Notice, you will be furnished with
written verification of the debt; provided, that if a lawsuit has
been filed against you to collect this debt before the expiration
of the thirty (30) days, the complaint filed in said lawsuit will
constitute written verification of the debt.
If you do not dispute the debt or any portion thereof as
stated above, the undersigned will assume the debt is valid.
If the original creditor of this debt is different from the
creditor stated on the front page of this letter, the undersigned
will provide you with the name and address of the original
creditor upon written request from you within thirty (30) days of
receipt of this notice.
The undersigned means the name signed at the end of this
letter appearing in print at the top of the front of this letter.
,-
.:
~,~
tl
fi
t'i
!
\1
d
"
Ii
I'
Ii
i
II
l
[I
f1
Ii
I:;
i:
1"
p
t,\
~'
r
Ii
I'l..,
"
,
11
II
I".
"
1
\1
Ii
Ij
I::
Ii
II
Ii
"
1i
Ii
I'
,1
"
,I
l
'I
I
17055
~Ii
I
II
-- R-t;-:'"': =;::--~-~~;~;";,:.,,-:,~,,,,--,., .::;.,~-'-. -,
I;~)\j c'-<;:!:v ,>?<>., ~:~. ~:""--'''~'':::::::-.. II
J', Pt'1" ,ftJ:, \"~\ ~"" ---....,-;-..,.;.--- I
\: ." = ~. ~ ,. .:>>) :::.:::~ ~-=::::::t:::::: '
.._<,3~,)" :::'~:~:2:S::1
EC 0 1 ReC'D i
c, ,'I
"
II
[I
II.!
I
ij
Ii
n
"
i~
Ii
I
II
'Ii.
I
Ii
II
II
I
II
I
I
I
I
II
II
I
;~
I
I
, .-,.
J "
.~
CERTIFIED
Uw"oiii~
HUFF & MASLAND
Z 353 238 667
:09 Market Street
Pennsylvania 17011-4723
MAil
. 0,._
~ o;::u/lto
. ''''~'!!!4,~'t
,......~~~~ro~t~Z%~
0:8(;, ~4f~o 'l'tOr(!4t1"1!/o ~~o
o~~."'....,g~ ~
. ~C/~4?' "'ecl/
" 4001/~.s:s (,~
~
""1""""""1""1,,,,,,,11
Paul J. Brinig
604 Allenview Drive
Mechanicsburg, PA
;{'
f.l~;;-. ~.:7
t. 0'.' //-.c;; c._,
is.' ~C!i::.:e - ( - t. ;:--"
2nd N'11e;; I H 8
/1-2 -; \
~ct~rn .
PS Form 3800, April 1995
'll ~ ~~ ~1i' :0 ~ " 'll '" en
~ . p6'i
. ~3 3 ~ . "- .
3 s: o. = g
. ... ~~ 12O;IJ " .. . '~~
.. ~ . '" ~ .
~ . .. no
Q i~' "'~ '"
"'.. ~ . -;~~ N
'" " glCll'2: .
. 'li ~~. ~~ '" -<
" . .. ("o.C1l~
.. :s:,s {i3] -< (,\go~ W
-n if . '"
. ... 6' (; 3' ~... I.w
. ~~ <::,,, C-
;;
l ~ I1J
(r! ". UJ
\ )' fl '"
l, f",\
\ \ " (;.) :::J [l"'
, "--. -' lI'"
'-. OGlCo G --.J
'. tfl\ ~
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY Be USEe FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Re.e;.ed F,eSaidis, SI1Uff & Masland
2109 Mark8t Street
Camp Hill, pA 17011
One j:Ji e of ordinary mail addresse
liU;:r
rtY\l
00 A-((e.1v;e<.0
f~ci\o.4l ,'("~l:)~
,
--~-
PS Form 3817. Mar. 1989
",:
0" '-~~~\lliiillMlhllIli~
\P""~'-
~",~.......-...._~-"oIl!ilitllI'~ '
. . ,,,- ".
... " ^"..." '. "," -
)~
~ ~
~ ~
(;-... -.>..
,\ ~
~~
\ \'l
g g ~
"U~ t_
~!B ~
~~ 0
l~ ~
~O
... N
."
~
:;:i
;:;f;-n
, n-r=
-.0;'"
:00
....1.
~\Q.
....--y
...L...,1
00
51"0
~
~
..
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSN INC
VS
BRINIG PAUL J ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland county, pensylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
BONNIE A. BRINIG
the
, at 0012:45 HOURS, on the 13th day of January ,2000
DEFENDANT
at 604 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055
by handing to
PAUL GRINIG (HUSBAND)
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r'~~p
R. Thomas Kline
01/14/2000
SAIDIS, SHUF
Sworn and Subscribed to before
By:
"="
me this ,l.M.ol(
day of
3.1_" "1 dlrrvv A.D.
q"r'~O ~~
Prothonotary
l-,"
.',
~..~"~.I
",;,
~
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSN INC
VS
BRINIG PAUL J ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
PAUL J. BRINIG
the
DEFENDANT
, at 0012:45 HOURS, on the 13th day of January , 2000
at 604 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055
by handing to
PAUL BRINIG
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So Answers:
r~~~~t
R. Thomas Kline
01/14/2000
SAIDIS, SHU
Sworn and Subscribed to before
By:
<c
me this ,;;~ day of
:t L , . AJj ;lvv-o A. D .
q''1~"a. ~Ilh~
Prothonotary'
~.- "
.
.
__,..,1
....c
\
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00178 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHEIBLEY R L CONSTRUCTION
VS
GEKAS CONSTANTINE N ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
GEKAS IRENE A
the
DEFENDANT
, at 0010:57 HOURS, on the 12th day of January
at 25 SOUTH 26TH ST
2000
CAMP HILL, PA 17011
by handing to
IRENE GEKAS (WIFE)
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
~~~~t
R. Thomas Kline
Sworn and Subscribed to before
01/14/2000
JERRY A. PHILPOTT
~S~
By:
me this d~ day of
J~ c2trzrD A.D.
~. () ~,oo..) J.n.C
rothonotary ,-,-/
-
-
, .
"""'
\.
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00178 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHEIBLEY R L CONSTRUCTION
VS
GEKAS CONSTANTINE N ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within NOTICE & COMPLAINT
was served upon
GEKAS CONSTATINE N
the
DEFENDANT
, at 0010:57 HOURS, on the 12th day of January
2000
at 25 SOUTH 26TH ST
CAMP HILL, PA 17011
by handing to
IRENE GEKAS (WIFE)
a true and attested copy of NOTICE & COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
18.00
9.30
.00
10.00
.00
37.30
;:;~~~~
R. Thomas Kline
01/14/2000
JERRY A. PHILPOTT
Sworn and Subscribed to before
By:
~~,~
me this 02~ day of
..1.J~" ."'( 02 o-vV A. D.
~O '"JM,/l;, J $_
Prothonotary I
. .
:;,>:
ALLENVIEW HOMEOWNERS
ASSOCIATION, INe., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
vs.
PAUL J. BRlNIG
BONNIE A. BRlNIG
Defendants
" -,.
'.1
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 00-177 Civil Term
: CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE. SETTLE AND END
TO THE PROTHONOTARY:
Please mark the docket in this matter settled, discontinued and ended.
Date: September 8, 2003
arl Nt Ledebohm, qUire
Supreme Court ill #59012
P.O. Box 173
New Cumberland, P A 17070-0173
(717)938-6929
Attorney for Plaintiff
~~hlIllI<IIiIiIillllllllillilllr"""'l<-'"lir~
'~"ri'lIlo1li1~
.
() C-':;I 0
C c:
<'" Tl
-o~~ :n
mG.. :'1
fT'
Z:'J..-;: -0 T
--
ZC ,
(/)J_" l.D
--;2"
r'c-;
~- ~~ ",
er" ,
:1: ~;--,
:;:0 '"~.'" (~
""c: C) ,,-__J m
Z '''1
~ i'0 -'"
'!:"' :!j:
-<