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HomeMy WebLinkAbout00-04681COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nw I f*,,1n , NOTICE OF APPEAL F (Ed Jt'(,r - ?b. acm Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below I-? Signature of Prothonotary or Deputy Rd If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary //60 rfd0 CV 19 //Q-00 LT 19 This block will be signed ONLY when this notation is required under Pa. RCAJP. NO, 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Ender rule upon / /j Co nGla q S,< A/ appellee(s), to file a complaint in this appeal name or appenreelsl (Common Pleas No. 30oo '? /tob ! )within twenty (20) days after service of rule or suf r entry of judgment of non pros. ? Signature of appellant or his attorney a agent RULES Tofu/?Gf (G?de aSS?appellee(s). Mme of appellee(s) - (1) You are notified that a rule is hereby entered upon you to file a complainiNn this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered moil. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing /J Date. Gf.3d ?1f/Pze---4 4 ?2&" Signafta of Froitionotary, or Deputy <APC 312-e4 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (to) DAYS AFTER filing the notice of appeal. Check applicable'bo)(es) COMMONWEALTH Of PENNSYLVANIA COUNTY OP ; ss AFFIDAVIT: I h`iereby swear or affirm that I served © a copy of the Notice of Appeal, Common Pleas No, upon the District Justice designated therein on (date of service) , CI by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 79 ? by personal service © by (certified) (registered) mail, sender's receipt attached hereto. 0 and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , tg-, 0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF i9_____ Signature of aftiant Signature of official before whom nffrdavit Was made Title of official My commission,expires on _ 7g- 0 Ca b F < , j ?. COMMONWEALTH OF PENNSYLVANIA rni INITv nn. CUMBERLAND Mag. Del. No.: 09-3-05 DJ Name: Non. GAYLE A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, PA Telepnone: (7 17 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS _ FSUNGUILD I/II CONDO ASSN. P.O.BOX 622 LEMOYNE,, PA 17043 L J VS. DEFENDANT: NAME and! ADDRESS FSTRUNGE, EDWARD 660-12 GENEVA DRIVE MECHANICSBURG, PA 17055 EDWARD STRUNGE L J 660-12 GENEVA DRIVE DocketNo.: CV-0000110-00 MECHANICSBURG, PA 17055 Date Filed: 4/04/00 THIS IS TO NOTIFY YOU THAT: - Judgment: Dr FAT-1 IA .Tr_wE PI' j n FX? Judgment was entered for: (Name) EUNanrym T/TT rnNDO ASSN_ Judgment was entered against: (Name) STRUNGE, EDWARD in the amount of $ 58R - oD on: (Date of Judgment) 6/01 /00 El Defendants are jointly and severally liable. (Date & Time) El Damages will be assessed on: 11. This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ? Levy is stayed for days or [] generally stayed. E] Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total Date Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL. WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE`COURT OF COMMON PLEAS, CIVIL DIVISION.. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDG ?NT/TRA S RIPT FORM WITH YOUR NOTlGE OF-At PEAL. /'????'j?, l f L t ( I Date ? i DistriotJustice; I certify that this is a true and correct copy of the Tord oft roceedings contaiAigi the judgment r C/ Date Y ?? ;District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 i PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF if L 44(d a 6/ ;so AFFIDAVIT: Fhereby swear or affirm that I served [q "a copy of the Notice of Appeay, Common Pleas No. upon the District Justice designated therein on (date of service) 5 ? (a [S'by personal service ? by (ce i ied) (registered) mail, sender's receipt ttach If hereto, and upon the appellee, (name) S,n Y CoA,10 alf,l / on 3U csu ;400 O by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that Iserved theRule toFieaComplaint accompanying theab?ovvwWoticeofAppeal upon theappellee(s)towhom the Rule was addressed an 3D I?vO LvJ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -4 ?,X Signature of made Y bs Signature of aftrant TWA of ofrtowl ??'- - O C) C? CY `it My pommissi6-n oxpf®s on PATRICIA A. SHATTO, Notary Public Carlisle Boro, Cumberland County A? ? _7 rn Z (ay Commle'9ion E>eplras December 17, 2001 ?yy51 ro '??? n N ?c- -G COMMONWEALTH OF PENNSYLVANIA NOTICE OF AFIVAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No NOTICE Of APPEAL "+ s r` •Jia ?e ^n7t? Notice is given: that the appellant has filed in the. above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. QAIM NO SIGNATURE OF APPELLAM. 51 T FS ATTORNEY OR AGENT LT 19 ??,? ... 57 This block will be signed ONLY when this notation is required,under Pa. R.C.R.I.P. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after - Signature of Prothonotary or De filing his NOTICE of APPEAL. puty ' - - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7), in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIP.E: To Prothonotary Enter rule upon C,, +a„?' v q s, s AJ appellee(s), to file a complaint in this appeal Name of appelfee(s) (Common Pleas No. - "" 96w] j within twenty (20). days after service of rule or su rIentiyof'judgment of non pros. Sfgnatwe of appellant or his attorney or agent RULE: Toc1n?c/iacf ?I/ ?G??e f?-SYappellee(s)• -? NJ of appefoe(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified m registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. _ a Date: e136 e r QwNw. 6 of or ogolrty AOPC 312- CoOLIRT FILE ?Ya^?a?r'"l,_ -a a?q.,,=---- ?r ??-_, a. ,_., _ r?, _.? ,., , . a??m ?aw.?aF,?e.,? a?=.+a _.x? 'FS.-.a•-.?- -.. _._ ?.7.?. .,, ,?e v,..-., SHERIFF'S RETURN - REGULAR CASE NO: 2000-04681 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNGUILD I II CONDO ASSN VS STRUNGE EDWARD DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within APPEAL - DJ STRUNGE was served upon the DEFENDANT , at 1857:00 HOURS, on the 27th day of July 2000 at 660-12 GENEVA DRIVE MECHANICSBURG, PA 17055 by handing to 7T1ATA RT) emRrrnTr_o a true and attested copy of APPEAL - DJ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before So Answers: y R. Thomas Kline 07/28/2000 RITA FUGETT By: l a?W'Yl j ^? Deputy Sheriff me this day of (r/. .2,c- ? A. D. Pro honotar i SUNGUILD I/II CONDOMINIUM IN THE COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. NO. 4681 of 2000 EDWARD STRUNGE Defendant 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 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 Lawyer Referral Service P.O. Box 186 100 South Street Harrisburg, PA 17101 (800) 692-7375 i SUNGUILD I/II CONDOMINIUM IN THE COURT OF COMMON PLEAS ASSOCIATION, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 4681 of 2000 EDWARD STRUNGE, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Sunguild I/II Condominium Association, by and through its attorneys, the Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint as follows: 1. Plaintiff, Sunguild I/II Condominium Association, has a business address of c/o Property Management Inc., P.O. Box 622, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Edward Strunge, is an adult individual having an address of 660-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant is owner of the Condominium located at 660-12 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Property"). 4. Defendant purchased the Property subject to the Sunguild I/II Condominium Association Code of Regulations ("Code"). A true and correct copy of the Code is attached hereto and made part hereof as Exhibit "All 5. The Code in Section VII 1(a) provides, inter alia, that "each owner shall pay to the Council a monthly sum... equal to one-twelfth of the Unit owner's proportionate share of the sum required or established by the Council to meet the annual common expenses...". 6. Pursuant to the Code, Defendant has been provided notice of his common charge assessments in the amount of $100.00 per month for the months of January 2000, through July 2000, totaling $700.00. 7. The Code in Section VII (4)(b) provides, inter alia, that "Any Common Charges or Assessments levied pursuant to the Declaration or Code, or any installment thereof which are not paid within ten (10) days after it is due shall bare interest from the date due at a rate fixed by the Council not to exceed 10% per annum but in no event more than maximum legal rate, and Council may bring action at law against the person obligated to pay the assessment and/or may foreclose or place lien against the Condominium Unit then belonging to Unit Owner; in either of such events, interest, cost and reasonable attorney's fees of not less than 25% of the sum claimed shall be added to the amount of each Common Charge or Assessment."[sic] 8. Pursuant to the Code, Defendant owes late fees assessed against the common charges assessments due and owing assessments in the amount of $23.40, District Justice cost of $68.00 and attorneys fees of $500.00 which may increase. 9. The Code at Section VII (2) provides, inter alia, that "in addition to Common Charges authorized above, the Council may levy a special assessment or assessments, applicable for that year only, for the purpose of defraying in whole or in part the cost of any construction or reconstruction, improvement or unexpected repair, replacement of any capital improvement located on or in the Condominium Property" 10. Sunguild Condominium Association has levied and provided notice to Defendant of special assessments for the months January 2000, and February 2000, in the amount of $100.00 and for the month of March 2000, in the amount of $250.00. 11. Section VIIII (2) of the Code provides, inter alia, that "Council shall have the power to levy fines against Unit Owner's for violations for reasonable rules and regulations established govern the conduct of Unit Owner's. Collection of fines may be forced against Unit Owner as if it were a Common Charge or Assessment owed by the Unit Owner and shall be a lean on the unit". 12. Defendant has been assessed a $50.00 fine for noncompliance with the Code. 13. Defendant owes Plaintiff, Assessments, late fees, penalties, costs and attorney's fees as follows: Assessments $ 700.00 Late fees $ 23.40 Penalties $ 50.00 District Justice $ 68.00 Attorney's fees $ 500.00 Filing Fee/Service fee $ 145.50 Total $1486.90 14. Despite request Defendant has failed to pay the overdue amount of $1486.90. Wherefore, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff in the amount of $1486.90 plus cost, interest and attorney's fees. Date: 2? ZO7? Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC S ephen C. Nude y, Esquire Attorney ID #41 03 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff VERIFICATION I, Tim Harpster, as an authorized agent for Sunguild 1/II Condominium Association being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Sunguild I/I ondominium Association Date: By: Tim Harpster, President SUNGUILD CONDOMINIUMS CODE OF REGULATION SECTION I. APPLICABLE STATUTE This Code of Regulations is adopted for Sunguild Condominium pur- suant to the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. 196). SECTION II. DEFINITIONS Unless the context hereof otherwise clearly indicates, all terms used herein shall have the same meaning as those terms defined in the Unit Property Act or in the Declaration of Condominium for Sun- guild Condominium. SECTION III. NAME, ADDRESS AND PL. 1. The Condominium Property Sunguild Condominium. 2. The registered office of located at unit #5, 1071 Township, Mechanicsburg, %CE OF RECORDING shall be known by the name of Sunguild Condominium shall be Lancaster Boulevard, Upper Allen Pennsylvania 17055. 3. The Declaration and Declaration Plan of Sunguild Condo- minium are filed for record at the Office of the Recorder Of Deeds of Cumberland County, Pennsylvania. SECTION IV. COUNCIL 1. Number and Qualifications. The affairs of Sunguild Condo- minium shall be governed by a Council. Until (a) eighty (80) Units have been sold by the Sponsor, have been paid for and title closed, or (b) until two (2) years after the date of the recording of the Declaration, whichever shall first occur and thereafter until their successors shall have been elected as provided herein, the Council shall consist of three (3) persons designated by the Sponsor, none of whom need be residents of Sunguild Condominium. There- after, until all remaining units shown on the Declaration Plan, as the same may be amended from time to time, have been sold by the Sponsor, have been paid for and title closed, or until seven (7) years after the date of recording of the Declaration, whichever shall first occur, the Council shall consist of five (5) persons, three of whom shall be designated by the sponsor and two of whom shall be unit owners and residents of the units at the time of election. /' A t/ A Page 2 SECTION IV. COUNCIL CONT. 2. Powers and Duties. The Council shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts or things except as by law, the Declaration or this Code of Regulations are required to be performed by the Unit Owners. Such powers and duties of the Council shall include, but shall not be limited to the following: (a) To provide for the acquisition, construction, manage- ment, operation, care, upkeep, maintenance, improvement, renovation and replacement of the Common Elements and Lim- ited Common Elements, except to the extent specifically imposed upon the individual Unit owners. (b) Determination and payment of the Common Expenses of the Condominium. The Council shall have the right to make a final determination of any claim or dispute by a Unit Owner as to whether any charge or expense applies against the Unit Owner rather than the Common Elements and such determination shall be final, conclusive and binding., (c) Establishment, maintenance and collection of and disbursement from Assessments and Common Charges received from the Unit Owners, including without limitation, amounts for working capital to meet operating expenses, a general operating reserve, a reserve fund for capital improvements, replacements, and such special assessments as may become necessary to make up any deficit in the Common Charges or Assessments for any prior year. Council may designate an agent for the purpose of collecting Common Charges and Assessments and for the purpose of making disbursements therefrom on behalf of the Council. (d) Employment and dismissal of personnel necessary for the maintenance and operation of the Common Elements and facilities. (e) Adoption and amendment of rules and regulations gov- erning the operation and use of the Property, subject to the right of a majority.in interest.of the Unit Owners to amend, alter or repeal such rules and regulations. So long as Sponsor owns any Units, rules and regulations shall also require approval of the Sponsor. The Council shall further have, in addition to its other remedies, the right to levy fines for violations of these restrictions and its regulations, provided that the fine for a single violation may not, under any circumstances, exceed $50. For each day a violation continues after notice, it shall be con- sidered a separate violation. Any fine levied is to be Page 3 SECTION IV. COUNCIL CONT. 2.(e)(cont.)considered as an assessment and levied against the parti- cular Unit Owner involved.. Collection may be enforced by the Council in the same manner as the council is entitled to enforce collection of Common Charges or Assessments. (f) Opening of bank accounts on behalf of the Condominium and designating the signatories required therefor. (g) ..Purchasing or leasing or otherwise acquiring in the name of the Council or its designees, corporate or other- wise, on behalf of all Unit Owners, Units offered for sale or lease or surrendered by their Owners to the Council, and purchasing one Unit for the use of a resident superinten- dent or manager and his family, and his family, and arrang- ing for a mortgage thereon. (h) Leasing recreational facilities, subject to zoning ordinances and any other governmental regulations upon terms and conditions as the Council may establish. (i) Purchasing of Units at foreclosure or other judicial sales in the name of the Council or its designee, corporate or otherwise, on behalf of all Unit Owners, and accomplish- ing any and all actions necessary or incidental thereto. (j) Selling, leasing, mortgaging (but not voting the votes appurtenant thereto) or otherwise dealing with the Units acquired by, and sub-leasing Units leased by, the Council, or its designee on behalf of all Unit Owners. (k) Making of repairs, additions and improvements to or alteration or restoration of the Condominium Property in accordance with the provisions of the Declaration and this Code of Regulations including those necessitated by damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. (1) The Council shall have the power to enforce obligations of the Unit Owners, to allocate profits and expenses, and to do anything and everything else necessary and proper for the sound management of'the Condominium, including the right to bring.law suits to enforce the rules and regulations promulgated.by the Council. The Council shall have the power to levy fines against the Unit Owners for violations of reasonable rules and regulations established to govern the conduct of the Unit Owners. No fine may be levied for more than $50 for any one violation; but for each day a violation continues after notice it shall be considered a separate violation. Collection of the fines may be enforced against a Unit Owner as if the fine were a Common Charge or Assessment owed by a Unit Owner, and shall be a lien against the Unit. Page 4 SECTION IV. COUNCIL CONT. 2.(cont.) (m) The Council may employ a managing agent and/or manager for the Condominium at a.compensation to be established by the Council, to perform such duties and services as the Council shall authorize, including but not limited to the duties granted to the Council as set forth above. The Coun- cil may also employ any other employees or independent contractors to perform duties and services necessary to the operation and maintenance of the Condominium and com- mon area. The Council may also share management, common expenses, facilities and equipment personnel, and any other services with other condominiums. (n) The Council shall establish rules and regulations for the use of the parking. spaces and shall devise a system for allocating said parking spaces providing that there shall be at least two parking spaces for each Unit. (o) The Council shall have the power to obtain and main- tain insurance relating to the Condominium Property. (p) The Council shall have the power and authority to take any and all acts and to do any and all things as are necessary or incidental to the implementation, enforce- ment or furtherance of the terms and provisions of the Unit Property Act, the Declaration and this Code of Regu- lations, or as may otherwise be granted to and accepted by the Council from one or more Unit owners. (q) No part of the Common Profits, if any, shall inure to the benefit of any Unit Owner other than by way of acquir- ing, constructing or providing management, maintenance and care of the Common Elements. 3. Election and Term of Office. The first meeting of the Unit Owners shall be held on call by the Council no more than (a) 60 days after 80 units have been sold, paid for and title closed, or (b) no later than two years after the date of the recording in the Declaration, whichever shall first occur. Said meeting shall be considered to be the first annual meeting of the Unit Owners. At the first an- nual meeting, two members. of the Council shall be elected by the Unit owners from aong the Unit owners, unless all units shown on the Declaration Plan have been sold as pro- vided in Section IV (1) herein. One member shall be elect- ed for a one year term and one member shall be elected for a two year term. Thereafter, at each subsequent annual meeting of the Unit Owners, one, two or three members, as the case may be, shall be elected fora two year term. The elected members of the Council shall hold office until their respective successors have been elected by the Unit Owners as provided herein.. The Council appointed by the. Sponsor shall act alone until the election has been com- Page 5 SECTION IV. COUNCIL CONT. 3.(cont.) pleted at said first meeting, and thereafter the members of Council appointed by the Sponsor shall continue to act until the occurrence of the events provided in Section IV (1) hereof. At any election of the Council, each Unit Owner, including the Sponsor to the extent that the Spon- sor is still a Unit Owner, shall have the right to vote in accordance with the provisions of Section V (9) of this Code of Regulations for each position to be filled. If at any election of Council members more than twice the number of condidates to be elected are nominated, there shall be two ballots for membership. At the end of the first ballot, the field of nominees shall be reduced so that there are no more than twice as many candidates running as there are positions to be filled, with those receiving the lowest number of votes being eliminated. A second ballot shall be held, and on the second ballot, those receiving the greatest number of votes will be elected. If there are not more than twice the number of nominees as there are positions to be filled, then there shall be one bal- lot with those receiving the highest number of votes being .elected to membership on the Council. If the candidates are being elected for varying periods of years, the candidates polling the highest votes will be considered elected for the longest number of years. After the first annual meet- ing of the Unit Owners, succeeding annual meetings shall be held during the same month of each succeeding year. At each annual meeting, members of the Council shall be elected by ballot of the Unit Owners in accordance with this Code of Regulations. At such time as the Sponsor no longer owns any Units, the members of the Council appointed by the Sponsor shall vacate the Council and the place vacated by the Sponsor's representatives shall be filled by the remaining members of the Council as herein provided for the unexpired portion of the term. Notwithstanding any other provision .hereof, the Sponsor may, from time to time, replace any of the members of Council which it has appointed. 4. Removal of Members of the Council. At any duly held regu- lar or special meeting of the Unit Owners, any one or more members of the Council may be removed, with or without cause, by a majority of'the Unit Owners present and voting, and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member-of the Coun- cil whose removal has been proposed by the Unit owners shall be given an opportunity to be heard at the meeting. This provision shall not apply to Council members appointed by the Sponsor under Section IV, Paragraph 3, nor to any of the three original Council members appointed-by the Sponsor. 5. Vacancies: Vacancies in the Council caused by any reason -sh_all.be filled by a vote of a majority of the remaining members of the Council at a special meeting of the Council Page 6 SECTION IV. COUNCIL CONT. 5.(cont.) held for that purpose promptly after the occurrence of any such vacancy, even though the members present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Council for the remainder of the term of the member whose term he is filling and until his successor is elected. Vacancies must be filled within thirty (30) days. In the event of a deadlock by the Coun- cil in filling any such vacancy, Council may call a special meeting of the Unit Holders, upon at least seven (7) days written notice, at which, regardless of whether a quorum is present, such vacancy shall be filled. 6. Compensation. No member of the Council shall receive any compensation for acting as a Council member. However, Council members shall be reimbursed for out-of-pocket ex- penses and may be compensated for services rendered to or for the Condominium in any other capacity, and shall be indemnified as provided in the Declaration. 7. Meeting of the Council. The first meeting of the Council following the first annual meeting of the Unit Owners shall be held within ten (10) days thereafter at such time and place as shall be fixed by the Council immediately follow- ing such annual meeting and no notice shall be necessary. Regular meetings of the Council, before or after the first annual meeting of the Unit Owners, may be held at such time and place as shall be determined from time to time by a majority of the members of the Council, but at least two meetings shall be held each year. Notice of regular meet- ings of the Council shall be given to each Council member by mail or telegram at least five days prior to the date of the meeting. Special meetings of the Council shall be called by the President or the Secretary in like manner and on like notice promptly following the written request of at least three members of the Council. Any member of the Council may, at any time, waive notice of any meeting of the Council in writing and such waiver shall be deemed equiva- lent to the giving of notice. Actual attendance by members of the Council at any meeting of the Council shall consti- tute his waiver of notice of the meeting. All meetings of the Council shall be open to the attendance by the Unit Owners. 8. Quorum of the Council. At all meetings of the Council, a majority of the members thereof shall constitute a quorum for the transaction of business and the vote of a majority of the members of the Council present and voting at a meet- ing at which a quorum is present shall constitute a valid decision. If at any meeting of the Council there shall be less than a quorum present, the majority of those present t i t r Page 7 SECTION IV. COUNCIL CONT. 8.(cont.) may adjourn the meeting to a new date. At any such ad- journed meeting at which a quorum is present, any busi- ness which may have been transacted at the original meet- ing may be transacted without further notice. 9. Action by Council Without a Meeting. Any action which may be authorized or taken at a meeting of the Council, may be authorized or taken without a meeting with the affirmative vote or approval of, and in a writing or writ- ings signed by,.all. the Council members, which writing or writings -shall be filed with or entered upon the records of the Council. 10. Election of Officers. At each annual organization meeting of the Council following its election, the Council shall elect a President, one or more Vice Presidents, a Secretary and a Treasurer of the Condominium. All officers and mem- bers of the Council, having the responsibility for handling funds of the Condominium, are to be bonded. The President, who shall be elected from the Council members, shall be the chief executive officer of the Condominium and shall pre- side at all meetings of the Unit Owners and the Council, and shall have general powers and duties which are incident to the office of a president of a non-profit corporation, including, but not limited to, the power to appoint such committees from among the Unit Owners from time to time as he may in his discretion decide are appropriate to assist in the management of the affairs of the Condominium. All other officers need not be members of the council nor need they be Unit Owners. The Vice President shall take the plane of the president or perform his duties whenever the President shall be absent or unable to act. The Secretary shall keep the minutes of all meetings of the Unit Owners and the Council, and shall have charge of the books and re- cords of the Condominium and the Council. He shall, in gen- eral, perform all of the duties incident to the office of a secretary of a non-profit corporation. The Treasurer shall have the responsibility for the Condominium funds and securi- ties and shall be responsible for the keeping of full and accurate records and books of account. The treasurer, and any other officers or employees who handle Condominium funds, at the expense of the Condominium, shall furnish such fidelity or other bonds as may be required by the Council. All agree- ments, contracts, leases, deeds, checks and other instru- ments of the Condominium shall be executed by the President or the Vice President and the Secretary or the Treasurer or by such other person or persons as may be designated by Page 8 SECTION IV. COUNCIL CONT. 10.(cont.)the Council. Upon the affirmative. vote of a majority of the members of the Council,, any officer may be removed either with or without cause and his successor may be elected and vacancies in any office may be filled at any, regular meeting of the Council called for such purpose. Nothing herein contained shall prohibit a Council member from becoming an officer. 11.. Compensation of Officers. The President and Vice President shall not receive any compensation for their services, ex- cept reimbursement of out-of-pocket expenses but may be com- pensated for services rendered in any other capacity. The Secretary and Treasurer may be compensated for their ser- vices if the Council determines that such compensation is appropriate. SECTION V. MEETING OF THE UNIT OWNERS 1. Annual Meeting. Annual Meetings of the Unit Owners shall be held as provided in Section IV, Paragraph 3 above. 2. S ecial Meetis. It shall be the duty of the President to ca1? a special meeting of the Unit Owners, if so directea by a resolution of the Council or upon petition signed and presented to the Secretary of not less than 33-1/3% in the aggregate of all Unit Owners, or as provided in Section IV (3). The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. 3. Place of Net ing. The meeting of the Unit Owners shall be held at tincipal office of the Condominium or at such other suitable place convenient to the Unit Owners as may be designated by the Council. 4. Notice of Meetings. The Secretary shall mail a notice for each annual or special meeting of the Unit Owners at least seven (7) but not more than twenty (201 days prior to such meeting, stating the purpose thereof, as well as the time and place where it is to'be held. Said notice shall be mailed to each Unit Owner of record by regular mail, postage pre-paid, at the unit address or at such other address as such Unit Owners shall have designated by notice in writing to the Secretary. The mailing of notice of meeting in the manner herein provided shall be considered service of notice. 5. Voting Lists. A complete register of the Unit Owners, the proportionate interest of each Unit Owner and the last known .va.ge 9 SECTION V. MEETING OF THE UNIT OWNERS CONT. 5.(cont.) address of each Unit Owner shall be available for inspec- tion by any Unit Owner at the office of the Manager, or in default of such an office, at an office or unit conven ient to the Unit Owners, for a period of two (2) days pric to any meeting. 6. Proxies. Every Unit Owner entitled to vote at a meeting c Unit Owners may authorize another person or persons to act for him by proxy. Every proxy shall be executed in writin by the Unit Owner, or by his duly authorized attorney in fact, and filed with the Secretary of the Condominium. A proxy, unless coupled with an interest, shall be revocable at will, notwithstanding any other agreement or any pro- vision in the proxy to the contrary, but the revocat"on of a proxy shall not be effective until notice thereof has been given to the Secretary of the Condominium. No unrevok proxy shall be valid after eleven (11) months from-the date of its execution, unless a longer time is expressly provide 1 therein, but in no event shall a proxy, unless coupled with an interest, be voted on after three (3) years from the dat; of its execution. A proxy shall not be revoked by the dean or incapacity of the maker unless before the vote is countec or the authority is exercised, written notice of such death or incapacity is given to the Secretary of the Condominium. Unit Owner shall not sell his vote or execute a proxy to any person for any sum of money or anything of value. A pro in favor of a creditor of a Unit Owner and such a proxy shal be valid so long as the debt owed by him to the creditor re- mains unpaid. 7. Quorum. Except as otherwise provided herein, the presence in person or by proxy of Unit owners having one-third of the total authorized votes of all Unit Owners shall constitute a quorum at all meetings of the Unit Owners. If at any meet ing of the Unit Owners there is not a quorum present, a majority interest of the Unit Owners who are present at such a meeting, or the Sponsor, either in person or by proxy, may adjourn the meeting to a time not less than 98 hours from the date the original meeting was called. At such adjourned meeting a quorum as defined herein shall not be required to conduct the business of the Unit Owners. Should no Unit Owner be present at such adjourned meeting, the Sponsor shal have the power to conduct business with the full force and effect of business conducted at a regular meeting and de- 4 cisions made by the Sponsor at such meeting shall be binding upon all Unit Owners for all purposes. A vote of the majori ty of Unit Owners present at such adjourned meeting shall be binding upon all Unit Owners for all purposes. 4 i Page 10 SECTION V. MEETING OF THE UNIT OWNERS CONT. 8. Conduct of the Meetings. The order of business at the an- nual meeting of the Unit Owners or at any special meeting shall be: (a) Calling of the roll and certifying the proxies. (b) Proof of notice of meeting or waiver of notice. (c) Reading and approval of any unapproved minutes. (d) Receiving reports of officers. (e) Receiving reports of committee, if any. (f) Election of inspector of election, if necessary. (g) Election of Council members, if necessary. (h) Old Business (i) New Business (j) Adjournment At all meetings of the Unit Owners or of the Council, Robert's Rules of Order (revised) shall be followed. 9. Votinq. With respect to the affairs of the Condominium, including the election of Council members, the Owner(s) (collectively) of each unit shall have the number of votes equal to such Owners' percentage of ownership of the Commo, Elements as set forth in the Declaration, Schedule "B". H.' ever, the Owner(s) of any unit may not split the votes al- located to each unit but must cast them as one block on any particular vote and only one owner of any unit may cast the votes appurtenant thereto on any question. If a unit is held by a corporation, a duly authorized officer of such corporatio; shall be entitled to exercise the appurtenant voting rights. If a unit is held in a fiduciary capacity, the fiduciary and not the beneficiary shall be entitled to exercise the appur- tenant voting rights. 10. Ballots and Proxies. The ballot box shall not be opened nor any ballots tallied until all voting is complete. Bal- lots and proxies shall be retained for a period of thirty (30) days following each vote, and shall be available for in- spection by each Unit Owner or his duly authorized attorney. 11. Majority of Votes. The affirmative vote of the owners of a majority in interest of the votes represented at a meeting at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except if, in the Declara- tion, these Regulations, or by law, a higher percentage is required. SECTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY 1. Damage to other Units/Common Elements. All maintenance Page 11 SECTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY CONT. 1.(cont.) of and repair to any units, structural or non-structural ordinary or extraordinary (other than maintenance of and repair to any Common Elements contained therein and not necessitated by the negligence, misuse or neglect of the Owner of such unit) shall be made by the owner of such unit. Each Unit Owner shall be responsible for all damages to other units and/or to the Common Elements and Facilities resulting from or aggravated by his failure to repair. 2. Repair of Common Elements. All maintenance, repairs and re- placements to the Common Elements and Limited Common Ele- ments (except where such duty is specifically imposed upon a Unit Owner), whether located inside or outside of the units (unless necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged to such Unit owner) shall be made by the Council and be charged to all Unit Owners as a Common Expense. The pay- ment of all vouchers is to be approved by either the Presi- dent or Treasurer. ^3: "Ma intenance:by-U!3_ (a) Except for the maintenance requirements herein imposed upon the Council, the Owner of each Condominium unit shall, i at the Owner's expense, maintain the interior of this Con- dominium unit and any and all equipment, appliances or fea- tures therein situated, and its appurtenances (including, without limitation, any air conditioning units or landscap- ing located on or in any balcony or patio appurtenant to such i unit, any fireplace flue or flues serving the fireplace in such Owner's Unit) in good order and condition. The Owner of any Condominium unit shall, at his own expense, maintain, repair or replace any plumbing fixtures, fireplace and attached flues, heating and air conditioning equipment, lighting fixtures, electrical outlets and fixtures, refrig- erators, freezers, dishwashers, clothes washers, clothes dryers, disposals, ranges and/or other equipment, in connection with the individual unit (including those items located remotely from the individual unit such as, but not limited to, fireplace flues serving the unit but located in other units), provided, however, with respect to fireplace flues, that if the Owner-of a Unit being served by a fire- place flue does not make repairs (i) immediately upon being notified of an emergency or situation threatening im= mediate damage, or (ii) within thirty (30) days from written notice in cases not involving an emergency or threat of immediate damage, then the owner of the Unit through which the flue extends or the Council, upon re- quest by such Owner, may make such repairs, and the costs thereof, including attorneys fees and collection costs, shall be enforceable against the Owner of the unit being served by the flue to the same extent and in the same manner as an assessment made by the Council.. Page 12 SECTION VI. MAINTENANCE, REPAIR AND ALTERATIONS OF PROPERTY CONT. 3.(cont.) (b) Each Unit owner shall promptly furnish, perform and be responsible for, at his own expense, all of the maintenance, repairs and replacements within his own unit which, if omitted, would adversely affect the safety of the Condominium, provided however, such maintenance, repairs and replacements as may be required to bring water, electricity, heating oil and gas to such unit shall be furnished by the Council as part of the Common Expense. (c) If, due to the negligent act or omission of or mis- use by a Unit Owner, a member of his family, household pet or of a guest, other occupant or visitor (whether authorized or unauthorized) of such Unit Owner, damage shall be caused to the General or Limited Common Elements or to a unit or appurtenance owned by another, or if resulting therefrom, maintenance, repairs or replacements shall be re- quired which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and be liable for any damages, liability, costs, or expenses, including attorney's fees, caused by or arising from such circumstances, and such maintenance, repairs and replacements to the Common Elements or the units shall be subject to this Code of Regulations and the rules and regulations adopted by the Council. (d) To the extent that equipment, facilities and fixtures within any unit(s) shall be connected to similar equipment, facilities or fixtures affecting or serving other unit(s) or the Common Elements, then the use thereof by the indivi- dual Unit Owners shall be subject to this Code of Regula- tions and the rules and regulations adopted by the Council. The authorized representatives of the Council, or the mana- ger or managing agent for the Council, shall be entitled to reasonable access to the individual unit(s) as may be re- quired in connection with maintenance, repair or replace- ment of or to the Common Elements or any equipment, facili- ties or fixtures affecting or serving other unit(s) or such Common Elements. 4. Exterior Changes. Unit owners shall not have any right to locate signs upon, paint or otherwise decorate or change the appearance of any portion of the exterior of the Build- ing in which a unit is located. The Unit owner is respon- sible to promptly report to the Council any defect or need for repairs, the responsibility for which is that of the Council. SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES 1. Common Charges. (a) Each ,Unit Owner shall pay to the Council a monthly sum (here and elsewhere sometimes referred to as "Common Charges") equal to one-twelfth of the Unit Owner's proportionate share Page 13 SECTION VIZ. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 1.(a)(cont.)of the sum required or established by the Council to meet the annual Common Expenses and, if imposed by the Council, to establish the operating and/or capital improvement or re- placement reserves. (b) The Council shall determine the amount of the Common Charges annually, but may do so at more frequent intervals should circumstances so require. (c) The Council shall make reasonable efforts to fix the amount of the Common Charges payable by each Unit Owner for each assessment period at least thirty (30) days in ad- vance of such date or period and shall, at that time, pre- pare a list of the Unit Owners and Common Charges applicable to the units which shall be kept in the office of the Coun- cil and shall be open to inspection by any Unit Owner upon reasonable notice to the Council. Written notice of the Common Charges shall be sent to each Unit Owner. The omission of the Council before the expiration of any assessment per- iod shall not be deemed a waiver or modification of the pro- visions of this Section, or a release of any Unit owner from the obligation to pay the Common Charges or any installment thereof for that or any subsequent assessment period. The Common Charges fixed for the preceding period shall continue in full force and effect until the new Common Charges are established. No Unit Owner may gain exemption from liability for the Common Charges or any Special Assessments by a waiver of the use or enjoyment of any of the Common Elements.or by abandonment of any Condominium unit. 2. Special Assessments. In addition to the Common Charges author- ized above, the Council may levy in any year a Special Assessment or Assessments, applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, improvement, unexpected re- pair or replacement of any capital improvement located on or in the Condominium Property, including the necessary fix- tures and personal property related thereto, or for such other purposes as the Council may consider necessary or appro- priate. 3. Reserve for Re lacements. The Council may establish and main- tain a reserve un or the repair, restoration or replace- ment of capital improvements by the allocation of payment monthly to such reserve fund of any portion of the Common Charges or Special Assessments designated from time to time by the Council, which shall not exceed ten percent (10%) of the aggregate Common Charges or special Assessments in any year. Such reserve funds shall be deposited in a special account with a lending institution the accounts of which are insured by an agency of the United States of America or may, in the discretion of the Council be invested im obligations of, or obligations fully guaranteed as to principal by, the ..,. Page 14 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 3.(cont.) United States of America. The reserve for replacement may be expended only for the purpose of effecting the repair, restoration or replacement of the Common Elements and Facilities together with fixtures or equipment associated therewith or for the contingencies of a non-recurring nature. The amounts allocated to the replacement reserve may be reduced, by appropriate resolutions of the Coun- cil, upon the accumulation in such replacement reserve of a sum equal to twenty percent (20%) of the full replace- ment value of the Condominium Common Areas as such full replacement value is annually determined by the Council for casualty insurance purposes. The proportionate inter- est of any Unit Owner in any replacement reserve shall be considered an appurtenance of his Condominium unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Condominium unit to which it appertains and shall be deemed to be transferred with such Condominium unit. 4. Non-Pavment of Common Charges or Assessments. (a) Any Common Charges or Assessment levied pursuant to the Declaration or this Code of Regulations, or any in- stallment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest there- on and the cost of collection thereof, as hereinafter pro- vided, thereupon become a lien upon the Condominium unit belonging to the owner against whom such assessment is levied and shall bind such Condominium unit in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. The lien may be perfected as pro- vided by law. The personal liability and responsibility of the Unit Owner to pay such Common Charge or Assessment shall, however, remain his personal legal obligation, and the Council may maintain actions at law to recover sums due, or for damages associated therewith, or in equity for injunc- tive or such other relief as is available. (b) Any,Common Charges.or Assessments levied pursuant to the Declaration or this Code of Regulations, or any installment ""%',Ibthereof, which is not paid within ten (10).days after it. _ r :his due shall bear interest from the date due at a rate fixed by the Council not to exceed eight percent (8%) per annum but in no event more than the maximum permitted legal rate, and the Council may bring an action at law against the Unit Owner personally obligated to pay the same, and/or fore- close the lien against the Condominium unit then belonging to said Unit Owner, in either of which events interest, costa and reasonable attorney's fees of not less than twenty-five percent (25%) of the sum claimed shall be added to the amou..- of each Common Charge or Assessment. The Council shall not- ify the holder of any mortgage on any Condominium unit for which any Assessment levied pursuant to this Code of Regula- I IMP .11 -'. r- Page 15 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 4.(b)(cont.) tions becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Condominium unit is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days. So long as any Owner is delinquent in the payment of any Common Charge or Special Assessment the Owner and any member of his or her family or other persons using the unit shall be prohibited from using the Condominium recreational facilities. (c) If any Owner shall be in default in the payment of an installment of the Common Charges or Assessments, the Coun- cil may accelerate the remaining installments upon written notice to the Owner, and the then unpaid balance of the Com- mon Charges or Assessments for the current year shall come due upon the date stated in the notice, but not less than five (5) days after delivery of the notice to the Owner, or ten (10) days after the mailing of such notice to him by registered or certified mail, whichever shall first occur. 5., Excess of Common Charges or Assessments. In any year in which there is an excess of Assessments or Common Charges received.over amounts actually used for the purposes des- cribed in this Code of Regulations and in the Declaration, such excess shall, as directed by the Council, either (a) be applied against and reduce the subsequent year's Assess- ment or Common Charges; (b) be placed in a specifically allocated reserve for replacement of capital assets; or (c) be refunded to the Unit Owners. If election is made to refund excess Assessments or Common Charges, such refund shall be divided among all the Unit owners in proportion to their respective undivided interest in the Common Elements. SECTION VIII. ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE COUNCIL i Whenever, in the judgment of the Council, Common Areas shall require additions, alterations or improvements costing in excess of $10,000, said alterations or improvements shall not be made unless they have been approved by the Owners at a meeting at which a quorum is present. When said approval has been obtained, all Unit owners shall be assessed for the cost thereof as a Special Assessment. In the event any emer- gency which could cause damage to any building(s) or part(s) thereof, the Council may expend sums in excess of $10,000 to protect said build- ing(s) or part(s) and the judgment of the Council shall be final. SECTION IX. ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE ..UNIT OWNER No Unit owner shall make any structural addition, structural partition or wall change or structural alteration or improvement in or to his unit without prior written consent of the Council and, if required in r,. Page 16 SECTION`IX., ADDITIONS, ALTERATIONS OR IMPROVEMENTS BY THE UNIT OWNER CONT. the mortgage documents, the mortgagee of said unit. The Council. shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement in such Unit Owner's unit within thirty (30) days after such request, and failure to do so within the stipulated time shall constitute a con- sent by the Council to the proposed structural addition, alteration or improvement. SECTION X. ELECTRICITY, GAS, WATER AND HEATING Electricity shall be supplied by the public utility company serving the area directly to each unit through a separate meter for each unit, and each Unit Owner shall be required to pay the bills for electricity consumed or used by his unit and in the Limited Common Elements serving his unit. Sewers are supplied by Upper Allen Township directly to each unit and each Unit Owner shall be required to pay the bills for his unit. The electricity and sewers serving the general Common Elements and Facilities shall be metered and the Council shall pay all utility bills for electricity consumed therein or sewer service thereto as a Common Expense. The utility or other charges for water, gas, cable TV, fuel oil and trash removal shall be paid by the Council as a Comimor Expense. SECTION XI. COMMON CHARGES PAYABLE BY THE SPONSOR Until the sale of the first unit in the Condominium, the Sponsor shall be solely responsible for all Common Charges. Following the first closing, each Unit Owner to whom title shall have been vested shall be responsible for his proportionate share of Common Charges and Assess- ments based on his percentage interest in the Condominium Common Ele- ments, and the Sponsor shall pay Common Charges and Assessments for un- sold units. Proration of the Common Charges shall be permitted if the parties to any agreement for the purchase and sale of a unit so agree. In the event the future units are not all.constructed, and the Declara- tion is amended to decrease the proportionate share of each Unit owner in.the Common Elements, the change in proportion of each Unit Owner's interest in the Common Elements shall be effective immediately upon recording the amendment to the Declaration. SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS 1. Neither the Council Members nor the Condominium Officers shall be liable to the Unit Owners for any mistake of judg- ment, negligence or otherwise, except for their own indi- vidual willful misconduct or bad faith. 2. The Unit Owners shall indemnify and hold harmless each of the members of the Council against all contractual liability to others arising from contracts made by the Council on behalf of the Condominium unless any such contract shall have been Page 17 SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS CONT. 2.(cont.) made in bad faith or contrary to the provisions of the De- claration or of this Code of Regulations, and the members of the Council shall have no personal liability with respect thereto. It is understood and permissible for the original Council members, who are individuals appointed by the Sponsor, to contract with the Sponsor and affiliated entities with- out being charged with self-dealing. The liability of any Unit owner arising from any contract made by the Council shall be limited to such proportion of the total liability there- under as his interest in the Common Elements bears to the in- terests of all the.Unit Owners in the Common Elements. Every agreement made by the Council, or by the managing agent or manager on behalf of the Council, shall provide that the mem- bers of the Council, the managing agent, or the manager, as the case may be, are acting only as agent for the Unit Owners and shall have no personal liability thereunder (except as Unit Owners), and that each Unit Owner's liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Common Elements bears to the interest of all Unit Owners in the Common Elements. 3. Each Council member and officer of the Condominium, and each former Council member and officer of the Condominium, shall be indemnified by the Condominium Unit Owners against the costs and expenses reasonably incurred by him in connection with the defense of any pending or threatened action, suit or proceeding, criminal or civil, to which he is or may be made a party by reason of his being or having been such Council member or officer at the time of incurring such costs and expenses), except with respect to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for misconduct or bad faith in the performance of his duty as such Council member or officer. In case of the settlement of any action, suit or proceeding in which any Council member or officer of the Condominium, or any former Council member or officer of the Condominium, is made a party or which may be threatened to be brought against him by rea- son of his being or having been a Council member or officer of the Condominium, he shall be indemnified by the Unit owners against the costs and expenses (including the cost of settle- ment) reasonably incurred by him in connection with such action, suit or proceeding (whether or not he as a Council member or officer did not misconduct himself or was not negli- gent in the performance of his duty as such Council member or officer with respect to the matters covered by such action, suit or proceeding), and cost to the Condominium of indemni- fying such Council members or officers (and all other Coun- cil members and officers, if any, entitled to indemnification hereunder in such case) if such action, suit or proceeding were carried to a final adjudication in their favor, could Page 18 SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS CONT. 3.(cont.) reasonably be expected to exceed the amount of costs and expenses to be reimbursed to such Council members and officers as a result of such settlement, or (b) disinter- ested Unit Owners entitled to exercise a majority of the voting power shall, by vote at any annual or special meeting of the Unit Owners, approve such settlement and the reim- bursement to such Council member or officer of such costs and expenses. The phrase "disinterested members" shall mean all Unit Owners other than (i) any Council member or officer of the Condominium who at the time is or may be entitled to indemnification pursuant to the foregoing provisions, (ii) any corporation or organization of which any such Council member or officer owns of record or beneficially ten percent (10%) or more of any class of voting securities, (iii) any firm of which such Council member or officer is a partner, and (iv) any spouse, child, parent, brother or sister of any such Council member or officer. The foregoing rights of indem- nification shall inure to the benefit of the heirs and legal representatives of each such Council member or officer, and shall not be exclusive of other rights to which any Council member or officer may be entitled as a matter of law or under the Declaration any vote of Unit Owners or any agreement. SECTION XIII. INSURANCE 1. Coverage. The Council shall obtain and maintain, on behalf of and for the benefit of the Unit owners, insurance cov- erage as set forth in paragraphs 2 through 6 hereof. All insurance affecting the Property shall be governed by the provisions of this Section. 2. Physical Damage. All buildings and improvements (as defined in pragraph 3 hereof), and all of the personal property owned in common, shall be insured, for the benefit of the Council, the Unit Owners and mortgagees of units, against risks of physical damage as follows: (a) Amounts. As to real property, for an amount equal to its full insurable replacement cost; as to personal property, for an amount equal to its actual cash value. Prior to obtaining any insurance on real property under this section, and at least annually thereafter, the Coun- cil shall obtain an appraisal from a qualified appraiser, primarily engaged in preparing estimates of insurable value, acceptable to the insurance carrier or carriers,, writing the Council's policies for the purpose of deter- mining the replacement cost of such real property and actual cash value of personal property. Page 19 SECTION XIII. INSURANCE CONT. 2.(cont.) (b) Risks Insured Against. The insurance shall afford protection against loss or damage by reason of: (i) Fire and other hazards covered by standard form for extended coverage; (ii) Vandalism and malicious mischief; (iii) Such other risks of physical damage as from time to..time may be..customarily covered with.respect to..buildings and improvements simi- lar in construction, location, and use as those on the Property and; (iv) Such other risks of physical damage as the Council may from time to time deem appropriate. (c) Other Provisions. The insurance shall contain the following provisions: (i) Waivers by the insurer of rights of subro- gation against the Council and the Unit Owners; (ii) That the insurance shall not be affected or diminished by reason of any other insurance carried by any Unit Owner or mortgagee of a unit; (iii) That the insurance shall not be affected or diminished by any act or neglect of any Unit Owner or any occupants or owners of any improve- . ments when such act or neglect is not within the control of the Council; (iv) That the insurance shall.not be affected or diminished by failure of any Unit owner or any occupants or owners of any improvements to comply with any warranty or condition when such failure to comply is not within the control of the Council; (v) That the insurance may not be cancelled or substantially modified (except for the addition of property or increases in amount of coverage) with- out at least thirty (30) days prior written notice to the named insured, and to all mortgagees of Units; (vi) Provisions for indemnification of mortgagees of units and for the allocation of their several interest to specific units; Page 20 SECTION XIII. INSURANCE CONT. 2.(c)(cont.) (vii) The standard mortgagee clause, except that any loss otherwise payable to named mort- gagees shall be payable in the manner set forth in Subsection (c) of paragraph 11, hereof; (viii) Adjustment of loss shall be made with the Council as the exclusive authority for the insured; (ix) Proceeds for losses under $10,000 shall be paid to the Council and proceeds for losses over $10,000 shall be payable to the Trustee (see paragraph 11, below); (x) The named insured shall be the Council; (xi) All policies shall be written with a com- pany licensed to do business in the Commonwealth of Pennsylvania and holding a rate of "AAA" or better by Best's Insurance Reports, or by an equivalent rating bureau should Best's Insurance Reports cease to be issued; (xii) The insurance policies issued to the Coun- cil on behalf of the Unit Owners and covering the Condominium Property cannot be cancelled, inval- idated or suspended on account of the conduct of any one or more Unit owners and in no event can cancellation, invalidation or suspension for any reason be effected without at least ten (10) days prior written notice to each Unit Owner and all holders of any mortgages permitted hereunder; and (xiii) That all policies covering the Condominium Property cannot be cancelled, invalidated or sus- pended on account of the conduct of any officer or employee of the Council or any owner without prior demand in writing that the Council or such Owner cure the defect and without providing a rea- sonable period of time thereafter in which to cure same. 3. Definition. When the insurance under paragraph 2 hereof is to cover "Buildings and Improvements", such insurance shall also cover: (a) All additions and extensions attached thereto; (b) All fixtures,. -machinery and equipment constituting a permanent part of and pertaining to the service of the Building; Page_ 21 SECTION XIII. INSURANCE CONT. 3.(cont.) (c) Material and supplies intended for use in construc- tion, alteration or repair of the Buildings; (d) Yard fixtures; (e) Personal property of the insured as owned in common by Unit Owners and used for the maintenance or service of _ the described buildings, including fire extinquishing ap- paratus, floor.coverings, refrigerating, ventilating, cook- ing, dishwashing and.laundering equipment, shades and out- door furniture (but not including other personal property in the units furnished by the Unit Owners). 4. Casualty and Liability Insurance. To the.extent available, the Council shall obtain and maintain comprehensive general liability insurance in such limits as the Council may from time to time determine, insuring the Council, the Officers, the Manager (at the discretion of the Council) and each Unit Owner for claims arising out of or in connection with the ownership, operation or maintenance of any of the Property, excluding however,.Unit owner liability coverage for claims arising in connection with that portion of the Property used and occupied exclusively by a particular Unit Owner. Such comprehensive general liability insurance shall also cover, to the extent such insurance is available, cross liability claims of one insured against the other. The Council shall review such limits once a year. 5. Directors and Officers Liability Insurance. To the extent available, the Council shall obtain and maintain a compre- hensive general liability insurance policy in such limits as the Council may from time to time determine or in such limits as may be available, insuring the Council members, the Of- ficers, the Manager (at the discretion of the Council), for claims arising out of or in connection with the management, operation or.maintenance of any of the Property, such policy shall insure the Council members and Officers against any mis- take of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. 6. Workmen's Compensation Insurance. The Council shall obtain and maintain Workmen's Compensation Insurance, if necessary, to meet the requirements of the laws of the Commonwealth of Pennsylvania. 7. Other Insurance. The Council is authorized to obtain and maintain such other insurance or bonds as it shall determine from time to time to be desirable. ..;ti !v Page 22 SECTION XIII. INSURANCE CONT. 8. Insurance b Unit Owners. Unit Owners shall not be pro- hibited rom carrying insurance for their own benefit pro- vided that all such policies shall contain waivers of subrogation against all other parties insured by the com- prehensive general liability insurance of Paragraph #4, and further provided that the liability of the carriers issuing the insurance obtained by the Council shall not be affect- ed or diminished by reason of any such additional insurance coverage by any Unit Owner. In no event, however, shall the insurance coverage obtained and maintained by the Council hereunder be brought into contribution with insurance pur- chased by individual Unit Owners or their mortgagees. 9.. Filing of Individual Policies. Each Unit Owner shall file any individual policies osurance (excluding policies restricted to personal property) with the Council within thirty (30) days after purchase thereof. The Council shall maintain the file thereof. 10. Premiums. Premiums upon insurance policies purchased by the Council shall be paid as a Common Expense. 11. Trustee. All insurance policies purchased by the Council shall be for the benefit of the Council, the Unit Owners and their mortgagees, as their interests may appear, and shall provide that all proceeds covering property losses under $10,000 shall be payable to the Council and all proceeds covering losses in excess of that amount shall be paid to a bank with trust powers, insured by an agency of the United States, or to such other person or entity as is acceptable to the Council, and-the insurance carrier, which trustee is herein referred to as the "Trustee". The Trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of the policies, nor for the failure to collect any insurance proceeds. The duty of the Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Council, the Unit owners and their mort- gagees in the following shares: (a) Common Elements. Proceeds on account of damage to Common Elements an undivided share for each Unit Owner, such share being the same as the percentage of undivided interest of such Unit Owner as set forth in the Declaration. (b) Units. Proceeds on account of damage to Units shall be held in the following undivided shares: W when a building is to be restored--for the Owners of damaged units in proportion to the cost of repairing Page 23 SECTION XIII. INSURANCE CONT. ll.(b)(i)(cont.) the damage suffered by each Unit owner, which cost shall be.determined by the Council. (Damage suffered by a Unit Owner shall not be deemed to in- clude damage to any items specifically excluded from insurance coverage, pursuant to the provisions of paragraph 2 hereof). (ii) When a vidual share same proport of undivided bears to the units not to building is not to be restored--an indi- for each Unit Owner, such share being the ion as the Unit's percentage of ownership interests as set forth in the Declaration, total percentage of ownership of the be restored. (c) Mortgagees. In the event a mortgagee endorsement has been issued, with respect to a particular unit, the share of the Unit Owners shall be held in trust for the mortgagee and the Unit Owner as their interests may appear; provided, however, that no mortgagee shall have the right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired. 12. Distribution of Insurance Proceeds by Trustee. Proceeds of insurance policies received by the Trustee shall be distri- buted to or for the benefit of beneficial owners in the fol- lowing manner: (a) .Expense of the Trust. All expenses of the Trustee shall be first paid or provision made therefor. (b) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof in. accordance with the provisions of Section XIV below. Any proceeds remaining after defraying such costs shall be dis- tributed to the beneficial owners, remittance to Unit Owners and their mortgagees being payable jointly to them. This provision shall be deemed a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. (c) Failure to Reconstruct or Repair. If it is determined in the manner provided in Section XIV that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Unit owners and their mortgagees being payable jointly to them. This provision shall also be deemed a covenant for the benefit of any mortgagee of a unit and may be enforced'by such a mortgagee. Page 24 SECTION XIII. INSURANCE CONT. (d) Certificate. In making distribution to a Unit Owner and their mortgagees, the Trustees may rely upon a certi- ficate issued by the Council as to. the names of the Unit Owners and their respective shares of the distribution, and with respect to the names of mortgagees, may rely upon a certificate from any attorney-at-law who has examined the title records and/or documents, as to the names of the holders of mortgages of record. 13. Council as Owner's Agent. The Council is hereby irrevocably appointed agent for each owner of a mortgage or other lien upon a unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under in- surance policies purchased by the Council, and to execute and deliver releases upon the payment of claims. SECTION XIV. REPAIR OR RECONSTRUCTION Damage or Destruction. (a) Repair. Except as otherwise provided by law or herein, damage to or destruction of any of the buildings comprising the Property shall be promptly repaired and restored by the Council using, to the extent available the proceeds of in- surance held by the Councilor the Trustee for that purpose; and to the extent of the availability of the proceeds of any insurance carried by the Unit Owners shall be liable for assessment for any deficiency in such proceeds in proportion to their respective undivided interests in the Common Elements. The Council shall be responsible for accomplishing the full repair or reconstruction which shall be paid from the in- surance proceeds and assessments as above provided. Unit Owners may apply the proceeds from their individual insurance policies, if any to the share of such-assessments. The Coun- cil shall be responsible for restoring the Property only to substantially the same condition as it was immediately prior to the damage, and each Unit Owner shall personally assume the additional expense of any improvements to his unit which he desires to restore beyond such condition.. If any changes are made in the basic construction of any restored unit or the Common Areas, or both, the Council shall record an amended Declaration Plan encompassing such changes pursuant to its power of attorney contained in Article XIV of the Declaration. (b) Termination. Notwithstanding anything contained in this - Section XIV to the contrary, if (i) there is substantially total destruction of one or more of the buildings comprising part of the Condo- Page 25 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 1.(b)(i)(.cont.) minium Property, the existence of which condition shall be conclusively determined by a unanimous vote of the Council members rendered within thirty (30) days after the damage, and by the concurrence of the insurers thereof; or (ii) Unit owners directly affected by damage to or destruction of one or more of such buildings and en- titled to cast seventy-five percent (75%) of the votes of all said Unit Owners directly affected thereby duly resolve within sixty (60) days after final receipt of at least three (3) contractor's bids and the final insur- ance adjustment, not to proceed with repair and restora- tion, then, and in those events only, the destroyed portions of the Condominium Property shall be removed from the provisions of the Declaration and Act and the Condominium form of ownership of such portion of the Condominium Property shall be terminated upon the proper recording of a statement of termination not less than thirty (30) days after the determination to terminate the Condominium form of ownership of such Property. Upon the termination of the Condominium form of ownership, the salvage value of the Property shall be subject to partition at the suit of any Unit owner, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the Council or the Trustee, shall be considered as one fund and shall be divided among all Unit Owners in proportion to their respective undivided ownership of the Common Areas, after dis- charging, out of the respective shares of Unit Owners, to the extent sufficient for the purpose, all mortgages and other liens against the units of such Unit Owners. 2. Right of First Refusal. Notwithstanding anything contained in Section XIV to the contrary, the Condominium form of ownership of destroyed Condominium Property will not be ter- minated, in spite of a decision by the Unit Owners directly affected by such damage or destruction to terminate the Condominium form of ownership pursuant to Section XIV (1) (b) hereof, if the remaining Unit owners of the undamaged building or buildings, if any, comprising part of the Condominium Property entitled to cast in excess of fifty percent (50%) of the votes of all such remaining Unit owners, with the consent of all the holders of mortgages permitted hereunder on their units, within thirty (30) days after the determina- tion is made to terminate the Condominium form of ownership pursuant to Section XIV (1) above (i) authorize and direct the Council, on behalf of the Unit Owners, to purchase all, but not less than all, of the units in the damaged building or buildings and (ii) also offer in writing, through the Page 26 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 2.(cont.) Council, to purchase the units of all remaining dissenting Unit Owners who voted against purchasing such damaged units for a purchase price equal to the then current value of the damaged units and units of the dissenting Unit owners, with the value of each such unit being conclusively deemed to be an amount of money equal to the sum of the most recent appraised value of the Condominium Property made pursuant to Section XIII hereof and the value of any improvements to the Property which were not reflected in such most recent appraised value multiplied by such unit's percentage interest in the Common Elements. If the Council does offer in writing to purchase the damaged units and the units of the dissenting Unit Owners pursuant hereto, the Unit Owners of the damaged units and the dissenting Unit Owners shall be obligated to accept such offer and to cooperate in the consummation of the sale of their units as hereinafter provided. The persons who are remaining Unit Owners acting as a group shall have the right, at the group's option, (to be exercised in the offer to purchase the damaged units and the units of dissent- ing Unit Owners), of either, (i) requiring any or all of the Owners of damaged units and any or all of the dissenting Unit Owners to convey title to each unit purchased pursuant to this Section XIV (2) which is good and marketable and free of all liens and encumbrances except for such liens or en- cumbrances as may be in existence at the time of the grant of the original deed to such unit from the Sponsor to the first purchaser of such unit or (ii) if a unit is subject to liens and encumbrances at the time of the closing for the pur- chase made pursuant to this Section XIV (2) taking title to. any such unit under and subject to such liens or encumbrances and deducting from the purchase price the sum necessary to dis- charge all such liens or encumbrances. If the remaining Unit Owners elect to have the Council purchase the damaged units, the Council shall be entitled to receive all net in- surance proceeds of the Council's insurance policies attri- butable to the damaged units, which proceeds shall be applied to pay the purchase price of the damaged units and the des- troyed unit, and shall be deducted from the purchase price payable by the Council. If the net insurance proceeds are insuf- ficient to pay the aggregate purchase prices of all damaged units, such deficiency shall be assessed against the remain- ing Unit Owners as a Common Expense. The expense of pur- chasing the units of dissenting Unit Owners shall be assessed against the remaining Unit Owners as a Common Expense. The Council may borrow all or part of the funds necessary to effect any such purchase and may create a mortgage against the unit(s) to secure such indebtedness. All closings pursua* to this Section XIV shall be held not later than the later of (i) sixty (60) days following the Council's receipt of all insurance proceeds, or.(ii) sixty (60) days after the remaining Unit Owners's'hall have voted not to terminate the Condominium form of ownership. Page 27 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 3. Unit Owners Directly Affected Thereby. For purposes of this Section XIV only, the term "Unit Owner directly. affected thereby" shall mean all Unit owners in the damaged build- ing or buildings comprising part of the Property. 4. Eminent Domain. A taking of, injury to, or destruction of part or all other Property by the power, or a power in the nature, of eminent domain or by the action or deed in lieu of condemnation, shall be considered to be included in the term "damage or destruction" for purposes of this Section XIV, and the proceeds of the eminent domain taking shall be treated in the same manner as insurance proceeds. When- ever all or part of the Common Elements shall be taken, injured or destroyed by eminent domain, each Unit Owner shall be entitled to notice thereof and to participate in the pro- ceedings incident thereto, but in any'proceedings for the determination of damages, such damage shall be determined for such taking, injury or destruction as a whole and not for each Unit Owner's interest therein. SECTION XV. MISCELLANEOUS 1. Examination of Books. Each Unit owner, together with his attorney and accountant if he so elects, shall, upon five (5) days prior written notice to the Council, be permitted to examine the books of account of the Council at a rea- sonable time on business days. 2. Financing Purchase of Units by Council. Acquisition of units by the council on behalf of all Unit Owners may be made from the working capital in the hands of the Council, or if such funds are insufficient, the Council may levy .an assessment against each unit in proportion to the ap- purtenant ownership in the common areas, which assessment shall be enforceable in the same manner as Common Charges, or the Council may in its descretion, borrow money to fin- ance the acquisition of such Unit(s) provided, however, that no financing may be secured by an encumbrance or hypotheca- tion of any property other than the unit itself together with the appurtenant interests thereto. Notwithstanding any rights of the Council under this paragraph or under any other provision of these Regulations, the Council and/or the Condominium cannot at any time hold title to more than ten percent (10%) of the total number of units in the Condominium. 3. Annual Audit. The Council shall submit the books, records an memoran a to an annual audit by a disinterested certified public accountant who shall audit the same and render a report thereon in writing to the Council and in summary form. Page 28 SECTION XV. CONT. MISCELLANEOUS 3.(cont.) to the members and such other persons, firms or corporations as may be entitled to same. An interim special audit of the books and records shall be prepared, at the Condominium's expense, at the time the Sponsor turns control of the Council over to the Unit Owners. 4.. Notices. All notices hereunder to the Condominium shall be sent by registered or certified mail to the Council in care of the President of the Condominium with a copy to the manag- ing agent if there be a managing agent. All notices to any Unit Owner shall be sent by first class mail, postage.pre-. paid, to the unit address, or to such other address as may have been designated by the Owner from time to time in writ- ing to the Council. All notices shall be deemed to have been given when mailed except notices of change of address which shall be deemed to have been given when received. 5. Invalidity. The invalidity of any part of the Code of Regu- lations shall not impair or affect in any manner the enforce- ability or effect of the balance of the Code of Regulations. 6. Waiver. No restriction, condition, obligation or covenant contained in these Regulations shall be deemed to have been abrogated or waived by reason of the failure to en- force the same irrespective of the number of violations or breaches thereof which may occur. 7. Documents. Council shall, upon request of any Unit Owners, and upon payment by such Unit Owner of the reasonable charges therefor, provide to the Unit Owner for delivery to pro- spective purchasers copies of the audited financial state- nents of the Condominium for the preceding two (2) years; copies of the Declaration, Declaration Plan and Code of Regulations, including any amendments thereto; and copies of any engineering or architectural studies or examinations performed within two (2) years preceding the request concern- ing the building(s), Common Elements or any components thereof 8. Leases. Notwithstanding any provision hereof to the contrary, a Unit Owner may not lease less than his entire unit, and may not lease his unit for a period of less than thirty (30) days, without the prior written approval of Council, which approval may be withheld by Council in its sole discretion. SECTION XVI. CONFLICTS These Regulations are intended to comply'with the requirements of. the Unit Property Act of the Commonwealth of Pennsylvania. In the case Page 29 SECTION XVI. CONFLICTS CONT. of any conflict between these Regulations and the provisions of the. Unit Property Act, the Declaration or any other law, statute or regu- lation, the provisions of said statute(s) or of the Declaration, as the case may be shall control. IN WITNESS WHEREOF, the undersigned members of the Council adopt this within Code of Regulations this 6 A day of _LA&? 1979. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND/ on this 6 day of ? &'U , 1979, before me/, a )Notary Public, personally appeared A /[ R i i / ) AA who acknowledged themselves to be all the members of the Council of the SUNGUILD CONDOMINIUM and acknowledged that they adopted and exe- cuted the foregoing Code of Regulations for the purposes therein con- tained. WITNESS my hand and notarial seal the day and year aforesaid. c My Commission Expires: JACQUELINE J. BOWSER, NOTARY PUBLIC (SEAL) STATE COU.EGE BORO, CENTRE COUNTY MY COMMISSION EXr!JRES OCT. 3. 1983 Member. PennsyInrr A1MX.1_Iia1 ^,1 Nolwes JOINDER OF MORTGAGEE Cambria Savings and Loan Association of Johnstown, Cambria County, Pennsylvania, mortgagee of the property made subject to the Sunguild Condominium, joins in the foregoing: instrument for the pur- pose of evidencing its consent.to and rendering its interest as mort- gagee subject to and governed by the provisions. thereof. CAMBRIA SAVINGS AND LOAN ASSOCIATION By: .? (Vice) President COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CAMBRIA ) On this, the ?- day of ![c.c{:.x c`L?i , 1979, before me, a notary public, the undersigned officer, personally appeared '? ,.ti.j )e 7- iu,L; , who acknowledged himself to be Vice President of CAMBRIA SAVINGS AND LOAN ASSOCIATION, a Pennsylvania savings and loan association, and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the association by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: )CAREN L. MARTIN, Vc^"F- Public (SEAL) Joh-to..n. CXa'!i.: ••-. :. My Commission Expires June 21, i982 71,0. ua- Y691 Legal Caption Statement of Intention to Proceed To the Court: L Z intends to proceed with the above captioned matter _ JO Or Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 L" Rule of Judicial Administration 1901(b) has been amended to accommodate the new role of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. H Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The tiring of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. rt yi G t ?; ' ,l1 111 re A W. ,n I..: s ..?-?c^5.?snc!€ : ?n[[raw€&" vs Case No. ?e Statement of Intention to Proceed To the Court: Q Glut stir ?e .C? intends to proceed with the above captioned matter. Print Na49 Sign Nah% > 77 Date: 02,o r 04f D v Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment, 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. o m? ? ? V= 1 ???: V? L U ? ? ? ? N ? v -< Curtis R. Long Prothonotary (Office of the J)rotbonotarp (fumberfaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n0 - 4/1081 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573