HomeMy WebLinkAbout02-5944ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION
PLAINTIFF,
VS.
B. MICHAEL SCHAUL,
DEFENDANT.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
CIVIL ACTION-LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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 your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claims or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 OR (800) 990-9108
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION
PLAINTIFF,
VS.
B. MICHAEL SCHAUL,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.:
CIVIL ACTION-LAW
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas
en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido
en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI USTED
NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166 or 1-800-990-9108
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION
PLAINTIFF,
VS.
B. MICHAEL SCHAUL,
DEFENDANT.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.: o.~-
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION by its Attorney,
Karl M. Ledebohm, and makes the following complaint:
1. The Plaintiff, Allenview Homeowners Association, Inc. is a non-profit corporation
organized under the laws of the Commonwealth of Pennsylvania, with its principal place of
business at 3512 Trindle Road, Camp Hill, PA 17011.
2. The Defendant, B. Michael Schaul("Defendant"), is an adult individual who resides
at 840 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. The Defendant is the owner of the town house residence situate at and known as 840
Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania, (the "Property")
which is part of the Allenview Development and under and subject to the Declaration of
Covenants and Restrictions dated April 10, 1980 (the "Covenants and Restrictions"), a copy of
which is attached and incorporated herein by reference as Exhibit "A".
4. The Defendant, as the owner of the Property, is a member of the Allenview
Homeowners Association,Inc. (the "Association"), and is governed by the By-Laws of the
Association.
5. Article V of the said Covenants and Restrictions and Article III of the Association's
By-Laws, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B"
(the "By-Laws"), provide that owner shall pay annual and special assessments to the Association,
which assessments are to be paid in advance on a quarterly basis.
6. Each annual assessment, payable to the Plaintiff, is determined as set forth in Article
V, Section 3 of the Covenants and Restrictions and as set forth in Article III, Section 2 of the
By-Laws through the Association's Board of Directors with written notice of the assessment to
be sent to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and
Restrictions.
7. The Defendant was notified that the following annual and special assessments were
due and payable to Plaintiff in advance:
A. Assessment for 1st quarter, 2nd quarter, 3rd quarter and 4th quarter of 2002 due on
March 1, June 1, September 1, and December 1, 2002, respectively, in the amount of TWO
HUNDRED EIGHT AND 00/100 DOLLARS ($208.00) each.
8. Defendant purchased the Property under and subject to the Covenants and Restrictions
and the By-Laws and became personally liable therefor.
9. Defendant is in default of his obligations to make payment of the amounts due to the
association and by letter dated August 16, 2002, Plaintiff exercised its rights under the
Covenants and Restrictions and the Planned Unit Development Act and accelerated all
amounts due to Plaintiff for 2002 and demanded payment of all amounts due to Plaintiff for
2002. A Copy of Plaintiff's demand is attached hereto and made part hereof as exhibit "C".
10. Since the date of Plaintiff's Demand, Defendant made two partial payments to
Plaintiff totaling $849.24 as of October 7, 2002.
11. As of October 7,2002 the amounts due to Plaintiff by Defendant were in the amount
of amount of $1,299.24 calculated as follows:
a. Dues for first quarter 2002
b. Dues for second quarter 2002
c. Dues for third quarter 2002
d. Dues for forth quarter 2002
e. Late charges
f. Attorneys Fees
g. Total due to Plaintiff as of October 7, 2002
$208.00
208.00
208.00
208.00
17.24
450.00
1,299.24
12. Plaintiff applied the above partial payment first to legal fees outstanding then to late
charges and principal as follows:
a. Legal fees outstanding
b. Late Charges
c. dues for first quarter 2002
d. Dues for second quarter 2002
e. Total amount applied
$450.00
17.24
208.00
174.00
$849.24
13. As a result of Plaintiff's application of the above partial payment to the amounts due,
Plaintiff by letter dated October 18, 2002 demanded payment of the balance of the amounts due
to Plaintiff under the Covenants and Restrictions for the second, third and forth quarters of
2002. A copy of Plaintiffs demand is attached hereto and made part hereof as exhibit "D"
14. As of the date hereof, Defendant has refused and failed to make payment of the
amounts due to Plaintiff for 2002 and as of the date hereof, Defendant is indebted to Plaintiff
in the amount of $1,100.00 calculated as follows:
a. Balance of dues for second quarter 2002
b. Dues for third quarter 2002
c. Dues for forth quarter 2002
d. Attorney's fees
e. Total due to Plaintiff as of the date hereof.
$34.00
$208.0O
$208.O0
$650.00
$1,100.00
15. Article V, Section 9, of the Covenants and Restrictions provides that the Association
has the right to collect all delinquent assessments together with such interest thereon and the cost
of collection thereof; and if the assessment is not paid within thirty (30) days after the
delinquency date, the assessment shall bear interest from the date of the delinquency at the rate
of six percent (6%) per annum together with reasonable legal fees and costs of suit.
16. The Defendant, has damaged the Association by his failure to make payment of the
assessments in accordance with the By-Laws and the Covenants and Restrictions.
17. Despite Plaintiffs demands, Defendant has refused and continues to refuse and fail
to make payment of the amounts due to Plaintiff under the By-laws and the Covenants and
Restrictions.
WHEREFORE, Plaintiff demands judgment against the Defendant, B. Michael Schaul,
in the amount of ONE THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($1,100.00),
plus additional interest at the rate of six (6%) percent per annum after the date of this complaint
and including on and after the entry of judgment hereon, and additional legal fees and cost.
H
l~.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Bar No.: 59012
P~EVISION TO
~EVISED SUPPLEMENTARY
,pECLARATION OF COVENANTp AND RESTRICTIONS
THIS DECL~TION, umde this 10th day of April, A.D;, 1980,
by Allenview, Ina., succemeor, to Brenema~ and Cal~brese, hereinafter
called Developer of Allenvlew Planned Residential Developmen£, herein-
after called Allenview, located in Upper Allen Township, Cumberland
County, Psnneylvania.
WITNESS ET~[:
~IgR.EAS, Developer'is the owner of thc real property described
in Article II of this declaration and desires to create thereon a resi-
dential community with permanent parks, playgrounds, open spacem, and
other co!~on facilities for the ben,fit of the.eaid community; and
~EREAS, Developer desires to.provido for the preservation of
th~ valu~ and amenltie.~ in~ ~aid community and for the maintenance of
~aid park~, playgrounds, open spaces and other common facilities
~ ~ ~ ; and,
to thi~ end, desire~ to ~ubJec't the real property described in Article II,
together with euch addition~ as may hereafter be made thereto (as provided
in Article Il), .to the covenants, restrictions, easements, charges and
liens Imreinafter met forth, each and all of which im and are for the
benefl~ of said property and each owner thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient
praaerva~io~ of the values a~d amenities in said cd~ut~ity, to create an
agency to which should be delegated and assigned the powers of ~lmintaining and
administering th9 community prope~ties' and facilities and administering and
enforcing the covena~ta ~nd'restrictions and 6ollectiog. and disbursing the
asseSsments'and ~harges hereinafter created; 'and
'. ~{EREAS, D~ve~Pper has incorporated under the laws of the Common-
wealth o~ Pen~aylvanis~.aa a non- ro
· '..'...,',. ...',.,.'..,,, ........... ...~ ...... P fit corporation. TIlE AT.T.wmt~,.r ,,~,~
E0tI, THER~FORE, the Developer declares that the real property
!escribed in Article II, and such additions thereto as may hereafter he
~de pursuant t0 Article II hereof, is and shall be held, transferred,'
sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens(somet/nes referred to as '*covenants and
restrictions") hereinafter set forth.
DEFINITIONS
Section I. The following words, ~hen used in this Declaration or
any Supplemental.Declaration (unless the context shall prohibit), shall have
~he following meanings:
(a) "Assoc~ation" shall mean and refer to the Allenview
Homeowners Association.
(b) "The Properties" shall mean and refer'to all such
existing properties, and additions thereto, as are subject to this
Declaration or any Supplemental Declaration under the provisions
of Article II hereof.
(c) "Common Pro~arties" shall mean and refer to only
those areas of land shown on any recorded subdivision plat of The
Properties and intended to he devoted to the common use and enjoy-
ment of the owners of The Properties, and may include the land and
improvements for streets, easements, parksi playgrounds, swlmm~n~
pools, pedestrianways, and any buildings, structures or appurten-
ances incident thereto, subject to the reservations contained in
Article IX, Section 4 hereof.
(d)
"LOC" shall mean and refer to any plot of land shown
(f) "C
omp,,Leted Living Unit" shall mean and refer to
any portion of a building situated upon %]~e Properties designed
a'nd intended for use and occupancy as e residence by a single
family for which an occupancy permi~'has been received from the
appropr~e ~owaship official,
(g)'ff'Sin.gle Family De,ached D~elltng" shall mean a.
building u~ed by one family, having'only one living unit and two
(h) ,"Single Family Semi-Detached Dwelling,, shall mean
a building used by one family, having one living u~it and one side
· yard ~nd one party wall in common with a~o~her building.
(%) "Single Family Attached Dwelling (Row),, shall mcan
a building used by one family and having one !iving~unlt and
party walls in commo~ ~ith other buildings (such as ~ownhouses).
'(J) '~ulti-Famlly Dwelling,, shall mean a building used
~y three or ~re families livin~ independently'of each other and
doing ~hair o~n cooking, including apartment houses, or townhouses.
(k) "Owner" shell mean and refer £o the'record owner,
whether one or more persons or entities, of the fee S~mple title
to any Lot or Living Unit situated ~pon The Properties, but, not-
withstanding any a~plicable theory of the mortgage, sl~ll not meaA
°r'r~fe~q.:~P'.~°..r.tgagee u~le~ aSA until ~uch mor~gage~ ~ ac-
quired ~%~le purauan~ ~o foreclo~ur~ or any proceeding in lieu of
(.1), "Member" shall mea~ aed reich to all those Owners
who are members of the Association as provided in Article III,
Suction 1, hereof,'
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO
Section 1. ~xistinR Property. The real property which is, and shall
be held, transferred, sold, conveyed, and occupied subject to this Declaration is
located in Allenview, and is moro particularly described on the attached three (3)
plats, Exhibit 'A", titled Stage II, Section A, Final Subdivision Plan - ~ln$1e
Family and Two Family Lots; S~age II, Section B, Final Sub-Division Plan - Town-
houses; Stage II, Section C, Final Sub-Division Plan - Com~non Open Spaco -N~lgh-
borhood Con~ercial, which are recorded in the Office of the Recorder of
Cumberland County, in Deed Book 36, Page 47, all of which real property
hereinafter be referred to as "Existing Property."
Section 2. Restrictions for Use and Development. Tho Lots outlined
on said plats for StaBs II shall be subject to the following restrictionz~
~a) Land Use and Build~ng TYpes.
The land shall be used and a building of the following types and
no other shall be designed, erected, maintained and occupied on said lots.
(1) Section A of StaRe II - Single Family Detached Dwellings shall
be permissible on each lot except that the developer reserves the right to use Lots
No. 18, 19, 20, 21, 22, 23 & 30 for Single Family Detached, Single Family ~emi-
Detached and/or Two Family Semi-Detached D~elling Units. A private garag~ con-
forming to the architecture of the dwellings may be designed, erected, used and.
maintained only when incidental and accessory to the dwelling on said lots.
(2) Section B of StaRe II - gingle Family Attache~Dwellings
(Townhouses shall be permissible).
(3) Section C of Stage I1 - The following uses shall be p~iesible:
Open Space Recreation Uses, Recreation Buildings and Structures. Neighborho,d Com-
mercial Buildings. and one-Eight Unit Apartment.
(b) Building Location and Landscaped Yards. No bulidiog or any ?:rt there-
Association ~ursuan~ to approval by a ~wo-[hir~s (2/3) vnte of each
class of membershtp,*as described in Article III, Section 2. The
O~ner of any proper*ty who desires to add it to the scheme of this
Declaration and to subject it to the jurisdiction of the Association,
may file or record a Supplementary Declaration of Covenants and
Restri~ttans,'as described in subsection (a) hereof..
(c)..Merger~. Upon a merger or consolidation.of the Associ~tion
with another association as provided in its Articles of Incorporation,
1ts properties, rights and obligations may, by operation of law, be'
tramsferred to another surviving or consoliHated a~$oc~ation or, al-
ternatively, the properties, rights and obligations of another associa-
tion may, by operation of law, be added to th~ properti.es, rights and
obligations of th~ Association as a surviving corporation pursuan~ to
a merger. The su?lvlng o~r consolidated a~sociation may administer
the covenants and restrictions established by this Declaration .within
the Existing Property, together with the CoVenants a;,d res~riction, s
established dpon any other properties as one scheme. Eo such merger*
o~ consolidation, however, shall affect any revocation, change or addi-
t/on to the covenant~ established by this Declaration within the Exist-
ing P~operty except ps hereinafter provided.
... '** ~A~TICLE III
~I~E~IBERSHIP AND VOTING RIGHTS IN THE ASSOCIATIO~
Section 1..-Hembarship. 'Every person or entity who is a record Owner
of a fee or undivided fee in a. ny ~'ot which is subject by covenants of record to
asseusment by the Association shall be a member of the A~ociation, provided
that any such person or entity who'holdm ~,,~h ~..~ ........ '
Section 2. r~,°~lnR Rl~i~t~.._~.. The Association ~;h~].l huve two c.lause,~
oE voting member~hip;
._Class A. Class A members shall be all those Ol~ners ae defined
in Section 1 wl~h the exception of the Developer. Class A memberu
,hall b. entitled ~o on~ vo~, for each Lo~ (or L~ving Unit) in uhich
they hold ~ha interes~s r~quired for m~mbership by Section 1.
n~re ~han one parson holds ~uch in~ereag or il~terests in any Lot (or
deEOrmin~, ~ a~ and ~he vo~a for
~hey among themselves
but In no event ~hall more than one vote be ca~C with re-
apec~ go any ouch Log (or Llvlng Unit)
C~ass B.' Class B me,era shall be the Developer. The Claus B
member alm~ be entitled to ~hree votes for each Lot
holds the ~ntereat required for membership by Section 1 Cand for
every Living Unit ~n any Nulti-Family Structure owned by it un:il
' such Unic la first sold), provided that the Cias~ B membership shall
cease and become converted to Class A Hembershtp on the.happening of
any of ~he following events, whichever occurs earlier:
(al when the total Votes outstanding in the Clasu A ' '
membership equal the total Vote~ outstandiug
the Ciasa B me~er~htp; or '
.~ z~/~. (b). twenty (20) years from the date hereof.
From and after the happening of these events, whichever Occurs
earlier, the Class B member shall be deemed to be.a Class A member
en:i:led to one Vote for each Lot (or Living Unit) in which
~he ~ntereara required for memberah.ip under Section 1.
(For purposga ef dete~ining th'e Votes allowed under t~s Sec:ion,
when Living Units are counted, the Lot or Lots Upon whl'ch such
Living Units .are ~ltuated ~h~ll no: be counted.)
~,T][CL E T~V.V
'c0. 0
i ' RIGHTS PROPERTIEs '
Section 1. b~embera' ~2~a~ts of EnJ~ent. Subject to th~ provlaion~
Section 3, ev r shall hav~ a right and easement of enjoyment In and
the Co,on Properties and such easement shall be appurtenant to and shall, pass
wit~% the ~ltle or leas~ to every Lot ~or Living Unit).
Section 2. ~itle to Co~mmon P~O~ertie~. Notwithstanding any provision
hurein, the Developer hereby COVmnmn~.,
(b) The title to co~on open space for parks, recreation and
other common facilities with improvements in plato shall b~ trans-
ferred to the Association under the condition that the Association
shall have or hire adequate staff to administer common facilities and
maintain the common open space.
(c) Easements for water, electric,- telephone, television, and
other utility services, shall be provided to the respective operating
co~panles.
Section 3. Extent to Members' Easementm. The rights and easements of
enjoyment created hereby s'hall be subject to the following:
(a) The right of the Association, in accordance with its Articles
of Incorporation and By-Laws, to borrow money for the purpose of
proving the Common Properties and in aid thereof to mortgage said prop-
attics. In the event of a default upon any such mortgage, the lender's
rights, hereunder shall be limited to a right, after taking possession
of such properties, to charge a&mission, and other fees as a condition
to continued enjoyment by the members and, if necessary,, to open the
enjoyment of such proper:tes to a wider public until the mortgage debt
is satisfied, whereupon the possession of such propertte~ shall he re-
turned to the Association and all rights pf the Members ~ereunder shall
be fully re'stored; .and
(b) The right of the Association to take steps as are reason.-
ably necessary to protect the above-described proper=les against fore-
closure; and
(c) The right of the Association, am provided in its Articles and
By-Laws, to suspend the enjo}~ent rights of any Hember for any period
during which any assessment remains unpaid, and for any period not to
exceed thirty (30) days for any infraction of its publ/.mhed rules'and
regulatidns; and
(e) The r~ght of ledividua2 MelnbeCu :o thc exclua£ve uue of
parking spaces as provided in Section 6 he~coE; end
(f) The right of the Association to dedicate or tranuEer ail
or any part of the Common Properties to any public agency, authority,.
or utility for such purposes and subject to such conditions as may be
agreed to by the ~[e_~mbers, provided that no such dedication or transfer,
determAmat~on aa to the purposes or as to tile conditions thereof, shall
be effective unless an instrumen, t signed by Members entitled to cast
two-thirds (2/3) of the votes of each class of member~hip has been
recordsd, agreeing to ~uch dedication, transfer, purpose or condition,
and unless.written noti~e of the pro~oae~d scram,eat and action there- '
under is sen: to every Member at !east ninety (90) days in advance of
any action to be taken. It is understood and agreed that no such public
agency or autgority~a obligated to accept any such dedication or trams-
far; and
(g) 'In the event that the AssoGiation shalll at any time, fail
to maintain t~e ~ommon properties under its ~urisdiction in reasonable
,. order and con~ltion in accordanco with the development plan, Upper Allen
Township may serve written notice on the Association or the Owners
setting forth the manner in which the Association has failed to main-
tala the common open apace in reasonable condition; and sa{d notice
shall include a de,and
within thirty (30) days
a heatlog thereon which shall be held within fourteen (14) days of
notice. At suc~h hearing~ the Township may modify the terms of tile
original notice as to the deficiencies and may ~lva an eXtension of
time within which they shall be cured.'
that such deficiencies of maintenance be cured
thereof and shall state the date and place of
the
If the deficiencies set forth
public any rights to use the comm. on' open space except when the same is
voluntarily dedicated to the public by the residents and Owners.
Before the expiration of said year, the Township shall, upon its
initiative or upon the request of the Association call a public
hearing upon notice to the Association and Owners to be held by the
Township, at which hearing such Association and Owners akall sb0w
cause why such maintenance by the Town~hip sha~l not, at the election
of the Township, continue for a succeeding year. If thr~ Township
shall determine that the Association is ready and able t- maintain
said co~ao~ open space in a reasonable condition, the Tc~rnshlp shall
cease to maintain said common open space at the end of said'year.
If the Township shall determine the Association isnot ready and abie
to maintain said common open apace in a reasonable condition, the
To~rashfp may, at its discretion,' continue to. maintain said common open'
space during the next succeeding year and, subject to a ~imilar hear-'
ing and determination, in each year thereafter. The decision of the
Township in any such case shall constitute a final administrative de-
efsion subject to judicial review.
The cost of such maintenance by the Township shall be assessed
ratably against the properties within Allenvtew that have a tight'of
enjoyment of the common open space and shall become a ta~l lien on said
properties. Said assessments or charges shall be subordi%aatm in lien
to the lien of any mortgage or mortgages on the property which is sub-
Ject to such assessments or charges regardless of when ~a'~d mortgage
.or mortgages were created or when such assessments or c~,arges aecrued~
provided such subordination shall apply only to assessm :~ts or charges
that have become payable prior to the passing of title l?~er foreclosure
of such mortgage or mortgages and the transferee shall not be liable
~ubordtnatu in lien go the lien of any furthuc mortgage ct mortgages
which arc placed on proper£y ~ubJeet to ~uch assessment~ or char~es,
with the intent that no such charges shall st say time bu prior in
lien of any mortgage or mortgages whatsoever o~ such property. The
Township, aC the time of enduring On said co.non open space for the
purpose of maintenance, shall file a noClce of su~h lien in the of£i~e
of the Prothonotary of the County on the properties a£fecced by such
lien within the planned residential development. .
~ecCton 4. ?arkin~ Right6, Th~ Association shall maintain upon the
Common Properties at least two (2) parking spaces for eaeg, Li4ing Ustc in area8
develope~ .tth Townhouse8 and ~partments. $¥bJect co reasonable rules and con-
'diCiono, the Association shall designate at leant t~o (2) parking spaces conven-
leanly located with respect to each Living Uhit for the exclusive u~e of tbs
flambere residing therein, their families and guests. The uae of suck space by
any ocher member or per,on may be enjoined by the Association or the }lembers
~', entitled thereto. The.sigh[ to the exclusive uae of such parking space and to it
maintenance and designation by. the Association shall be appurtenant to and shall
paaa with the title to'each Livina Unit.
.~(TICLE V
~OVENANT FOR MAINT£N~qCE ^$SESSMgNTS
.Section 1. Creation of the Lien and Personal Obli'~ation of Assessment~
The Developer for each Completed Living Unit owned by him w£~hln The Properties
hereby covenants and each Owner of any Completed Living Unit by acceptance of a
dee4 thurefor, whether or not it shall.be so expressed in'any such deed or ocher
conveyance, shall be deemed.to covenan.~ and agree to pay to the Association: . (1)
snnqal asseesmento or ch.argeo; (2) special assessments.for capital improvements,.
sunh assessments to be fixed~ established, and collected from time to time as he~
charge on the land and shall be a continuing li~n upon the property sgalnst
which each such assessment is made. Each such assessment, together with such
interest thereon and cost of collection thereof, as hereinafter provided, shall
also be the personal obligation of the person who was the Owner of such property
at th~ time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of'promotin§ Lhe recreation,
health, safety and welfare of the residents in The Properties and in part~cular
for the improvement and maintenance of properties, services, and facilities de-,
voted to this purpose and related to the use and enjoyment of the Co~rmaon Prop-
erties and of the homes situated upon The Properties, including, but not limited
to, the payment of taxes and insurance thereon and.repair, replacement and addi-
tions.thereto, and for the cost of labor, equipment, materials, maneEements end
supervisions thereof.
Section 3. Basis of Annual Assessments. The Association, through
its Board of Directors, shall fix the annual assessment per lot based upon the
'estimated cost of carrying out the responsibilities of the Association. There
shall be two types of annual assessment as follows: '
(a) General assessments applicable to ell record owoers of lots
upon'which are constructed sin§le-fsmlly or two-family dwellings,
townhouses, apartments and condominiums. Said properties a},all be
assessable for the following purposes on~y:
1. The lawns and planting ss outlined on the Fin~l Sub-
- division Plans under the title'of Common Open Space.
2. The sidewalks and pedestrianways in the public rights-
of-way easements and in common open'space ss outlined on the
Final Subdivision Plans.
3. Outdoor lighting in public rights-of-way and on cormmon
5. .Rucreation facilities such as swinmti.~ pools, tennis
courts, playground equipment, picnic facilities and any struc-
tures or appurtenances related thereto.
6, Liability and Property Damage Insurance' relating to
the a[orementioned Co,~on Properties.
7. Capital Reserves as deemed necessary for replacement
of the aforementioned Com~on Properties.
8. Trash Collection Service.
9, Hanagamant Services.
(b) Limited assessments appiicabl~ only to record owners o£
· 'living units in Stage 2~B , 56 townhousea, Stage 3-B.- 106 townhousea,
Stage 3-A - 52 apartments or condominiums, and S~age 3-C 36 apart-
manta or condominiums. Such limited assessments shall be'aueessable
~or the ~ollow~ng purposes and shall be an additional assessment over
· and above that provided under Sect.ion 3(a) above:
1..Parking lots and related improvements.
2. Lawn~ and planting.
3o E~terior,ol townhouae and apartment buildings.
Limited assessments shall not be applied against property owners
ainsle'~amlly or two-family dwellings.
Section 4. '~pecia[ Assessments fo~Cap[tn[ ~mprovemen~:, In a~dition
to the ann·ual assessments authorized by Section 3 hereof, the AssOciation may
levy in any assessment year a special assessment, applicable to that year only~
for'the purpose of de~raying' in ~hole or ~n part, the coat of any construction
or reconstruction, unexpected repair or re,placement o~ a described capital
provement upon the Common l~opartiea, including the necessary [ixtures and per-
sonal property related thereto~ provided that any such assessment,shall have the
Section 6. ~uorum for Any Action Authorized Under Sections 4 an,! 5.
The quorum required for any action authorized by SeCtions 4 and 5 hereof shall bel
as follows:
At the firs~ meeting called, as provided in Sections 4 and 5 hereof,
the presence at the meetfn~ of ~lembers, or of proxies, entitled to cast sixty (60~
percent of all the votes of each cla~s of membership shall constitute a quorum.
If the required quorum is no~ forthcoming at any meeting, another meeting may be
called~ subject to the notice require~ent set forth in Sections 4 and 5, and the
required quorum at any such subsequen~ meetin~ shall he one-bali of the required
quorum'at the precedins meeting, proTidad ~hat no such subsequent meetins shall
he held more'than sixty (60) days follo~inB the precedins meeting.
'gectioa 7. Date of Com-~anc~ent o~ Annual Assessments: Due Dates.
The annual assessments provided for herein shall commence on the dj. re (which shall
be the first day o~ a month) fixed by ~he Board of Directors of the Associat~o~
to be the date of commencement.
Section 5. Chan~e tn Basis and Maximum of Annual Ass~ssmen~.
Subject to the limitations of Section 3 hereof, and for the periods therein
Specified, the Association may change the maximum and basis of the assess~tents
fixed by Section 3 hereof prospectively for any such period provided that.any
such change shall have the assent of two-th~rds (2/3) of the ~otes'of each
e/ass of }~embers vho are vottnE in person or by proxy~ at a meetin~ duly
called for this purpose, ~ritten notice of whi~h shaft be sent to all Members
at least thirty (30) days in advance and shall set forth the purpose of the
meeting, provided further that tha.l[~tations of Section 3 hereof sh211 not
apply to any cheese in the maximum and
'
an incident to a merser or consolidation in ~hich the Association is au'thorized''
~o participate under its Articles of Incorporatiom and under Article'II, Section
2, hereof.
The first annual ec. uesement~ shall be made for the balaacu of the
calendar year and mhal~ b~ome du~ amd payable on ~he day fixed fo~
mem~. The a~e~smemta for any year, after the first year~ ~hall b~come due
and payable on the firs~ day.of ~rch df acid year.
The amoun: o~ the annua~ a~aeasmen~ which may be ~ev~ed ~or :h~
balance r~Aning ~n the fl~aC year of assessment 8hall be an amount which bears
th.~ acme relati0nship co the annual assessment provAded for in Section 3 herenf
am the re~inlng auger of ~nth~ in chat year bear co twelve. 1~e Game.reductio~
~ ~he.a~um~ of the a~a~ment ~hall apply to.the first aamesmaenC levied
any property which ~8 hereafter added to c)m propertie~ no~ mubject to a~ae~6menC
a~ a time other Chart the beg~nning of any aGmeu~menc period.
~e due da~e of any 6pecial asses6memt under Section 4 hereof mhall
f~xed 'in Cha xeGol~clon authorizing ~uch as~e86manc.
Section 8'. ~ucies of the Board of Directors. The Board of DArecCorG
· ~of ~e A6~ociaCion 8hall fix the date of co~encemeac and the emoumC of the a6'sesl
menc against each Completed Living Unit for. each as6emmmenc period at learnt Chirt)
(30) days in advance of.~uch date or period and Glu~ll, at chat C/me, prepare a
roster Of the properties and asmessment~ applicable thereto wkiqh ~hall bm kept
the offAce of the A6sociation and shall be open to inspection by any
Written notice of the assessment ul~ll thereupon be sent to every
mubdecc thereto.
The A~mo¢ia~lon ~hall, upon.demand, at any t.£me, furnish to 'any Owner
liable for maid assessment e certificate in w~£t£ng eig~ed by am officer of the
Ams°clarion, sorting for~b~whethe~ maid assessment ham bees paid. Such certifi~.
cate ~]iall be concl-~£vo ovidence of paymefit of any m~e~smeat therein ~rated to
have been paid.
a costfnuing lien on the property ~'h!ch shall bind such property in the hands
of the then Owner, his heirs, devisees, personal representatives and assfgn~.
The personal obligation of the then ~ner to pay such as~essment, however, shall
remain his personal obligation for the Statutory period and shall not pass to
his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the Re- '
linquency date, th~ assessment shall bear interest from the date of delinquency
at the rate of seven percent per annum, and the Association may bring an
action at law against the Owner personally obligated to pay the same or to fo~e-
close the lien against the property, and there shall be added to the amount of
such assessment the costs of preparing and filing the complaint in such action, '~
and, in the event a Judgment is obtained, such Judgment shall include interest on
the assessment as above provided and a reasonable attorney's fee to be fixed, by
the court, together with the costs of the action.
Section 10. Subordination of the Lien to ~ort~ages. The lien of the-
assessments provided for herein shall be subordinate to the lien oi any mortgage
or mortgages now or hereafter placed upon the properties subject to assessment;
provided, however, that such subor~ination shall apply only to the assessments
which have become due and payable prior to a sale or transfer of such property
pursuant to a decree of foreclosure, or any other proceedin~ in lieu of fore-
closure. Such sale or transfer shall not relieve such property from 1/ability
for any assessments thereafter becom!nz due, nor from the lien of any such sub-
sequent assessment.
Section 11. Exempt Property. The following property subject to this
Declaration shall be exempted fro~ the assessments, charges and liens created
herein: (a) all properties to the extent of any easement or other interest there-
in dedicated and accepted by the local public authority and devot6~ .to puhli~ use;
A,~II{T ICL E V~
PARTy IIALLg 'FOR DUPLE.KES~ APARTI'!ENTS ^ND
S~c~lon 1~ G~neral Rule~ of Lm~ ~o Apply, Each ~all which ~s
aa. parg of the original construction of the homes upon Yhe Properties and place
~n ~h, dividing llna ba~een'Che Lo~ shall' cons~igu~ a par~y ~all, and
ex,cng no~ ~ncona~S~ng w~h ~he provisions of ~hiu Article, ~ha general rules
ae~ or wlllf~ 'acta 0r'om~sionu 8hall apply there~o.
Section 2~ S~artn~ of Repair ~nd }laincenance. The cos~ of raasonabl,
repair and ~lnge~nc~ of a par~y uall ~hall be shared by ~he ~aers ~ho ~lce
~e of gh~ wall In proportion ~o ~uch use. ,,
' Sec~lon 3. Destruction by Fire or Oth~. If a par~y ~all
d~groyed or de,gad, by firs or ogher casualty., any ~er uho lisa u'aed the wall
shall cOn~rfbu~a ~o. the co3~ of res~ora~ion thereof In proportion ~o such use
~" ~lthou~ pre3udtce,.howav~r, go ghe riZh~ of any suc~ ~e~s to call for'a iarser
cO~trlbuKion from ~he o~her~ under any ~le of law regardins liability for negli
Se~ or villful'ac~ or' oglGalona'
Section 4. I~eache~O/in~. No~41~hs~andi~ any other provision of
this Article, an ~ar.uho, by his neglisen~ or ulllful ac~, causes ghe par~y
wall ~o be exposed' go ~ha'elemen~s shall b{ar t~e whole cost of furnishing
Sect/On 5. ~on Runs with ]an~l The rlBlrc of any
O~er to con~rlbu'tion from any ocher ~n~r under ~his Article shall be appurcenar
ing a par~y wall~ or under ~he provisions of this
~RC}[~ECTUP. AL COXT~OL CO55IITTEE
Section 1. ~vi~ by Com.~!ttee. No buflding~ fence, wall or other
structure shall be come,need, erected or mafntained'up~n The ProperLies, nor
shall any exterior addition to or change or alteration therein be made until
. the plans and specifications sho~£n3 the nat~Lre, kind, shape, height, materials,
and location of the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to surrounding struc-
tures and topo§raphy by the Board of Directors of the Association, orby'an
architectural committee c~mposed of three. (3) or more r~presenta~tves appointed
by the Board. In the event said hoard, or its designated eommit~ee, fall~ to
approv~ or disapprove such design s~4 location within thirty (30) days ~fte~
said plans and specifications have haan submitted to ~t~ 6r in'any event, if ~o
suit to enjoin the addition, alteration or change has been commenced prior to
tha completion thereo~, approval ~tll not he required and this Article will be
deemed to have been fully complied u!th.
ARTICLE VIII
EXTERIOR }~INTE}~NCE
Section 1. Exterior }Ia~ntenance. In addition to malntenance upon
the Common Properties,. the Association ~ay provide exterior maintenance upo~ each
Completed Living Unit which is subjec~ to assessment under Article V hereof, as
follows: pafnt~ repair, replace and care for roofs,'gntters, dc~qspouts, exterior
building surfaces, trees, shrubs, gra~s, walks, and other cxter'~,r improvements.
~ Section 2. Assessment of Cost. The cost of such extc.~ .or maintenance
shall be assessed agai,~st the Living Unit upon which such main[.~.~nce is done and
shall he added to and becoma part of the annual maintenance ass~ nent or charge
to which.such Living Unit is subjec[ under Article V hereof nnd, ~,'part of such
shall become due and paysbls tn all reupeccs an pruvlded ill ArtLcZu V bores[.
Yrov~dud Chac ~he Board o~ D~rec~ors o~ ~he A~socluc~on~ ~hen es~abJ.~uh~nI: ~he
annual ass.esumen: agatns~ eacll Living UnLc fo.r any asseuumenC year au required
under Article V hereo~ m~y add thereto elm estimated c'osc o~ the exterior maZ~
~enance for *hac year bu~ ~ha[1, thereafter, rake such ~djuscmenc ~C~ the Oun~
as la necessary to reflcce the actual cose thereof,
Beetion 3. ~ccess at Reasonable I(ou.r2o For'the purpose Solely of'
parfonming the exterior maintenance authorized by ch£a Article, the Association
through its duly authorized agents or employees, shall have the right, after
reasonable, not£ce'~o the 0~ner~ to enter upon any Lot or exceeior o~ any Living
Unit at reasonable hours on any day excep~ Saturday or Sunday.
~GENERAL PROVISIONq
Section 1. ~urat~on. 27~a covenants and restrictions of chis Declare.
Lion shall run wl~h and hind the land, and shall inure to the benefl~ Of and be
enforcaable'~y tile DevelOper, tile Association, or the ~ner of any land subjec~
to' this DeclaraCion, t~ir respective legal repres~ntatlves~ hairs, succesoors~
. and assigns, for a term of 1~ years from the dage this Declaration i~.recorde{
alger which timo ~a!d c0v~nants shall be automatically extended for successive
tW°-~h~rds (2/3) of ~he Lo~ has bees r.eco~ded, agrau~ns ~ chanze said covenant
and resgr~cclons ~n'~holo or in par~. For purposes of mee~'ing the ~uo-~hirda
r~uirecmnc, ~hea Comploced Living Units ara counted, fha Log or Loca upon which
such Completed Living UniCa ara situs.ced shall nec
cv~r, ~hac no such agreement to change shall be effective unless made and
recorded three (3) years ~n advance of [he effective da~e of such change, and
unless ~rl~can nog/ca of the propos'ed agr:emen~
properly sent ~hen ~*iled, postpaid, to the last known address of th~ parson who
appears as Member or ~ner on the records of the'issociaiton at the time of such
Section 3. Enforcement. Enforcement of these covenants and restric-
tions shall be by any proceeding at law or in equity ninths: any person or per-
.sons viola:iai or atte~pting to violate any covenant or restriction, either to
res:rain viola:ion o: to recover da~ages~ and agafns~ the land to 'enforce any lien
:rea:ed by these covenants; and failure by the lssociatfon or any O~ner to enforce
any covenan~ or res:tic:ion her~in contained shall in no'even: be deemed a '~aiver
oE the righ~ to do so thereafter.
Section l. Reservation. The Developer has submi:ted ~o the author-
ities of Upper lllen Township certain plans for :h~ future developmen~ of :'he
re~l.property described ia Article Ii of this Declara~ioa an~ such
thereto as may hereafter have :o ben ada pursuant to Article II, ~afd plans hay-
ins been submf::ed in order ~o fulif!l ~he requirements of ~o~nshf. p ordinances
and the Pennsylvania HanictpallCies Planning Code. Said plans are on file
Upper tllen Township. The Developer nay be required :o make addi~ional submis-
sions oi plans to said authorities. Ill such plans are pa~ o[ the public eon-
trols imposed by the Tot~nship Board, ~he developers, o~ers~ residents and
of the p~ojec~ and ~hey do no: crea~e, ang are no~ intended to crea~e~ any private
property o~ con~rac~ rights in the o~=ars and.~es~den~s o~ the project. ~e plans
vhich the Developer has submit:et :o ~he ~o~ns~p au:horlcles represen~ a p};an
flevelopmenE vhich the Developer believes ~ill provide max~t~ benefits ~o'
resfden~ o~ners and ~he public. De,lng ~he ex~ende~ developmen~ proaram~ however
various ~acEors can intervene uhich nay hinter ~he effec:iveness of such
plans and ~hlch may ~hrcaLen the bane!its to be derived by the re~iden[s~ o~ners
and the public unless such plans can be modified as prescribed by the applicable
towmsh~p ordinances. Accordingly. thi~ Declaration ~s not intended'to nor does
Section 5. .CoordLnaC[on of Yin£sh Cradtn~ and Landsc'apLn[~egat£.ns.
To permit the coordLnar, io~ si ~ntsh gradLn~ and landscaping operaEtons and ~hu
provision o~ par~nanc a~/or temporary ~Corm drainage ~act[tclaa au development
work p~osceaaea ~com loc to lot, the Davelopec~ at hl~ expanse, uhai[ have the
· i~ht to change~ alter, modify and/o~ revlee ~he ~inteh grade a~ ~o complete.
landscape ~ork si~ ~he yard uiChtn ten (lO) [eec o~ any loc line and in drainage .
swalea.~oyo~d said ten' (lO) feaC after title to e'loc and the .dwelling thereon
ham been transferred to anothor Owner. ' :
Section b."Severability. Invalidation'of any one of these covenants
or restrictions by Judgment ~r Court Orda~ shall in no wise affect any other
provleions which ehall remain in lull force and effect..
ATTEST:
' ~retary
'ALLENVIEW, INC.
l'reatden[
CO,~NWEALTH OF PENNSYLVANIA')
On this, the ~day of'~
, 1980, before me, s Notary
Public, the undersigeed officer, personaXXy appeared BENJA~SN L. B~N~
President of Allenview, /nc., successor to Breneman and Calsbrese, known
to me (or satisfactorily proven) to be the person whose name is subscribed
to the vithin instrument, and that he executed same for the purpose thecetn
contained.
ARTICLE I
Definitions
Section 1. "Association" shall mean and refer to The Allenview
Home O~.~ers A. ssociation, Incorporated, a nonprofit corporation organized and
existing under the laws of the Commonwealth of Pennsylvania.
Section 2. "The Properties" shall mean and refer to Allenview
Planned Residential Development, Stage I, and such additions thereto as may
hereafter be brought within the jurisdiction of the Associatio~by annex-
ation as provfded in'Article VI, Section 2, herein.
Section 3. "Common · "
Properties shall mean and refer to parks, play-
grounds, swirmming pools, commons, streets, footways, including buildings,
structures, personal properties incident thereto, and any other properties
owned and maintained by the Association for the cormnon benefit and enjo3~ent
of the residents within The Propertzes. ~ '
ARTICLE II
Location
Section 1.
located at 5001 Carlfsle Pike, Mechanicsburg,
land County.
The principal office of the Association shall be
Pennsylvania 17055, Cumber-
ARTICLE III
Membership
"'=3 ..... 'S'e.~t~ Every person or entity Qbe is a record owner of a
f~e 07 uhdiv~ded fee, ~nterest in any Lot (or Living Unit) which is sub~
Ject by covenants of record to assessment by the Association shall be a
member of the Association, provided that any such person or entity who
holds such interest merely as a security for the performance of an obliga-
tion shall not be a member.
Section 2. The rights of membership are subject to the payment
of annual and special assessments levied by the Association, the 6bligation
of which ass4~ssments is imposed sgainst each o~ner of and becomes a lien
upo~ the property against which such assessments.are made as provided by
.Article V of the Declaration of Covenants and Restrictions to which ~he
Properties are snbject and recorded in Miscellaneous Book Volume 226,.Page
24, Office for Recording of Deeds, Cumber'land County, December 30, 1976,
'and which provide as follows:
1. Creation of the L~en and Personal Obl~at~on of Assessments.~
The Developer for each Lot (and Living Unit) owned by him w~thin
The Prol;erties hereb~ covenants and each O%~er of .any Lot (or
Liv~n~ Un~t) by acceptance of a deed therefor, whether or not
shall be so expressed ~n any such deed or other conveyancer'be
de~med t~' covenant and agree to pay to the Assoc.iation:. (1) ~[inual
'' 'i '' a~;s~:;:;m,.nis or charges; (2) special a~essments for capital ~mprov~-
mcnLs, such assessments to be fixed, established, and collected
- from time to time as hereinafter provided. The annual and special
ary
assessments, Log¢'tber with such interest thereon and costs of
..... c61lection thereof as hereinafter provided, shell be a charge
on the land and si}a'll be a continuin§ lien upon the property
againstlwhich each suc~.assessn,ent is m~de. Each such assess-
ment~ together with such interes~ thereon and cos~ of co~lec~ion
' : ~':'~'~ereof ~['hereinaf~r provided, sh~l~ al~o be the personaJ
obligation of the person who w~s ~be Owner of such property
the time ~hen the ~ssessment fel~ due.
2. Purpose of Assessments. The zssessments levied by the
Association shall be used exclusively for ~he purpose of pro-
mo~inE the recreation, he~l~h, safety, and welfare of the resi-
dents in The Properties and in particular' for the improvement and
maintenance of properties, services~ and facilities devoted
~his purpose and rela~ed to ~he use 8nd enjoyment of the
Properties and of the homes situated dP0n The Properties, including,
but not limiLed to.~ ~he p~ymen~ of taxes'~nd insurance' ~h~reon and
repair, .replacement, and additions ther.eto, and for the cost of
labor, equipment, n:aterials,*~dagement, and supervision thereof.
3~ Basis and Mnx{m~m of Ann~r~A~sessme6ts. From and after Janu-
1979, a~n,;al assessments ~*~y be*~evied, said assessments
shall be fevi~,d s;~(] appli'ed in a'cc~rdamce w~th Article V, Section 3,
of the revised Declaration of Coven3nts and Restrictions recorded
on the day of . __ ..... ;' 19 ., in Book ,
Page , in {he Recorder of Deeds Off,ce, Cumberland County.
: ' 4. Special Assessments for Capital ImproVements. In addition
to the annual assessments authorized by Section 3 hereof, the
Associat_i.on may levy in any assessment year a special assess-
ment, applicable to that year only, for the purpose of defray-
ing, in whole or in part, the cost of any construction or re-
construction, unexpected repair or replacement of a described
capital ir. provement upon ~he Common Properties, including the
necessary.fixtures and personal property related thereto, pro-
vided that an)' such assessm%nt shall have the assent of two-
thirds of the votes of each class of blembers who are voting in
person or by proxy at a meeting duly called for this purpose,
written no:ice of which shall be sent to all Members at least
thirty (30) days in advance and shall 's. et forth the purpose of
the meeting.
5. Change in Bas~s and Maximum of Annual Assessments. Subject
to the limitations of Section:[':~'~'hereof, and for the periods there-
in specified, the Association'S.mAy change the maxfmum and basi:; of
the :~:~sessm~_nts fixed by Section 3 hereo( prospectively ~or'any
such period provided that any such change shall have the assent
of two-thirds of the votes of each class of Mcmbers who are
voting in ;c~r~on or by proxy, at a meeting duly c;~lled for this
purpose, written notice of which shall, be sent to all ,x:embers at
· ]~east'thir~y (30) days in advance and shall set forth the p~rpose
...... ' ' ..... of 'tl~e mce.'~mg, provld~,d further, that tile limita[ ~ons of 'S~c~i'ons
3 bt. re, of shall not apply to ~uny change in the maximum and
of the assessments undertaken as an incident to a merger or
consolidation in which the Association is authorized to partici-
pa're' ulster its Articles of Incorporation and un'der Article II,
S:ection 2, of the Declaration of Covenants and Restrictions.
6. Quorum for Any Action Authorized Under Sections 4 and 5,. The
quorum required for any action authorized by Sections 4 and $
hereof shall be as follows: At the f~rst meeting called, as
provided ~n Sections & and 5 hereof, the presence at the meeting
of ~]embers, or of proxies, entitled to cast sixty (60) per cent
of all the votes of each class of membership shall constitute a
quorum. If the required quorum is not forthcoming at any meeting,
anoth'er meeting may be called, subject to the notice requirement
set forth in Sections 4 and 5, and th'e'required quorum at arty
such subsequent meeting shall be one-half of the required quorum
at the preceding meeting, provided that no such subsequent meeting
shall be held more than si~y (60) days following the preceding
meeting.
7. Date of Com-~nenc ,c~nemt of Annual Asscssments: Due Dates. The
annual assessments provided for herein shall cor~mence on the date
(~,,h~¢'h shall be the first day of a month) fixed by the. Board of
D~rcclo~s of the Assocfat~on to be the date of commencement.
The first annual assessments shall be made for the balance of
t'i,:e c'~a]ei%dar year and ~hal'l become 'due ~nd payable on the day fJxed
'fur cummu~cc,me~t. The nsmos.~me.nts for .~l~y year,'a~fter the first
-5-
year, shall become due snd payable.on tB~ first day of March
of said year.
The amount of the annual assessment which may be levied
for~'th~-balance remaining in'the first year of assessment shall
" ~ b~ an amount which bears the same relationship to the annual
assessment provided for in Section 3 hereof as the-remaining
number of months in that year bear to twelve. The~same reduction
the amount of the assessment shall apply to the first assess-
merit levied against any property which is'hereafter added to the
properties now subject to assessment at a time other than the be-
ginning of any assessment Period.
The due date of any apec~al assessment under Section 4 hereof
~hall be fixed ~n the resolution au't. horizing such.assessment.
· '8. Duties of the Board 'of Directors. The Board of DSrect. ors of
'.,th'e Association shall fix the date of commencement and. =he amount
'.of the assessment against ~ad5 Lot (or Living Unit) for each as'sess-
.:~ent period of at least zhirty ~'(30) days in advance of. such date
· .~r'period and shall, at that tl~e, prepare a roster of the prop~
-..~r~fes and assessments applicable"~hereto which-shall be 'kept in
~'the office of the Association and shall be open to inspectio~
by.
'~any Owner. -'
t4ritten notice of the assessment shall t, hereupon~, bD sent to
'~very Owner subject thereto.·
.._.?.:...,:~..?. ' fl'he gssoctar, ton ~hall upo~ demand at.any tlme
· .... by"an officer of the Association, setting forth whether said
assessment has been'~aid. Such. certificate shall be conclusive
ev.idence of pa)Rent of any assessment therein,stated to have
been paid.
9. Effect of Non-Payment of Assessment: The Personal ObliEa~i6n
of O~mer) The Lien; ~Remedies of Association. If the assessments
are not paid on the date when due (being the dates specified in
Section 7 hereof), then s'uch assessment shall become'dei~nquent
and shall, together with such interest thereon and cost of col-
lection thereof as hereinafter provided, thereupon become a con-
tinning lien on the property which shall bind such property in
the hands of the then Owner, his heirs, devisees, .personal rep-
resentatives and assigns. The pers'ogal obligation of the then
Owner to pay such assessment, however, shall remain his pe.rsonal
obligation for the statutory period and shall not pass to his suc-
cessors in title unless expressly assumed by them.
If the assessment is no't paid within thirty (~0) days after
the delinquency date, the assessment shall bear interest from the
date of delinquency %t the ~ate of six (6) per ~ent per annum, and
the Association may bring an action at law against th'e Owner per-
sonally obligated to pay the same or to foreclose the lien against
the property, and there shall be added to the amount of such assess
ment ~be costs of preparing and filing the complaint in such action
and in th~ event a judgm~n~' is obtalned, such judgment shall inc]ud
-7-
interest on the assessment gs above provided and a reasonable
attorney's fee to be fixed by the court together with the costs
of the
10. Subordfnation of the Lien to Mortgeges, The lien of the
assessments provided for herein shall be subordinate to the lien
of any mortgage or mortgages now or hereafter placed upon the
properties subject to assessment; provided, however, that such
subordination shall apply only to the assessments which have be-
come due and payable prior to a s~le or transfer of such property
pursuant to a decree of foreclosure, or any other proceeding in
l~eu of'foreclosure. Such sale or transfer shall not relieve such
property from liability for any assessments thereafter becoming
due, nor from the lien of any.such subsequent.assessment.
'11. Exempt Property. The following property subject to this
Declaration shall be exempt.ed from{~i~b? assessments, charge and
lien created herein: (a) all prop~es to the extent of any
easement or other interest therein Hedicated and accepted by the
local public authority and devoted to p~blJo use; (b) all Co.non
Properties as defined in Article I, Section 1, of the Declaration
~f Covenants and Restrictions; (c) all properties exempted from
'taxation by the laws of the Commonwealth of Pennsylv~nia, upon
the terms and to the extent of such legal exemption.
: ~-'Notwithstanding any p?Ovi~ions' herein, no land'or improve-
ments devoted to dwelling use shall be exempt from said assess-
ments, charges or liens.
-8-
~ectton 3. The membership rights of any person whose interest in
The P. roperttes ts~ subject to a~essments under Article III, Section 2, whethe
or not he be personally obligated to pay such assessments, may be SUspended b]
~:~i°~°f~'the'Di~ect°rs d~ring the period when the assessments remain Unpaid;
'but, upon' payment' of such assessments, his rights and privileges shall be auto
matically restored. If the Directors ha~e adopted and published rules and
regulations governing the use of the common properties'and facilities, and the
personal conduct of any person thereon, as provided in Article IX, Section 1,
they ma3,, in their discretion, suspend the rights of an~ such person for vio-
lation of such rules and regulations for a period not to exceed thirty (30) day
ARTICLE IV
.Section 1. The Association shall have two classes of voting
membership:
.Class A. Class A members Shall be all those owners as de-
fined 'in Article I'II, ·Section i', o'f the Declaration'.~f 'Covenants
and Restrictions, with' t. he except.~on of t3~e Developer~ ~.Class A
members ~hall be entitled 'to one Vote for each.
. -(or Living
Un~t) in which they hold the ~nterests requ'fred for"'membership
by said Sect:ion 1. When more thnn one per~,;on hold~ 's(tch interest
or ~plt~rests in any Lot (or Living [Init) ail ~uch Persons shall
he~m~mbers, and the Vote ~for such Lot (or Living Unit) shall be
..... -'~x~'}'(:ised as. th~:y among themselves det'erm~ne,'but in'no ~vent
shall 2note than one Vote be c'}~st with respect t6 a~y' such Lot (or
::Living Unit). .~":..:-'-;. -
JOHN E. SLIKE
ROBERT C. SARDIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
IOHNNA J. KOPECICY
KARL M. LEDEBOHM
IOSEPH L. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attorney@ssfl-law.com
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
August 16, 2002
VIA CERTIFIED MAIL, RETURN RECEIPT
REQUESTED AND REGULAR MAIL
B. Michael Schaul
840 Allenview Drive
Mechanicsburg, PA 17055
RE: Delinquent Homeowner's Association Dues
Property: 840 Allenview Drive, Mechanicsburg, Pennsylvania
Dear Mr. Schauh
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you
that this letter is an attempt to collect a debt and any information obtained will be used for
that purpose. An important notice of rights is enclosed with this letter.
The Allenview Homeowner's Association (the "Association") has referred to my office the
collection of the delinquent Association dues regarding the above-referenced property.
The Association acknowledges receipt of a partial payment in the amount of $227.46
which has been applied to the amounts due to the Association as a partial payment without
waiver of demand of the payments of all amounts due to the Association or any rights which the
Association may have to collect the entire balance due to the Association at law or in equity
without further notice.
JOHN E. SLIKE
ROBERT C, SAIDIS
GEOFFREY S. SHUFF
JAlvfl~ D. FLOWER, IR.
CAROL J. l INDSAy
KARL M. LEDEBOHM
THOMAS E. FLOWER
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attorney@ssfl-law.com
October 18, 2002
CERTIFIED MAIL, RETURN RECEIPT
REQUESTED AND REGULAR MAIL
CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
B. Michael Schaul
840 Allenview Drive
Mechanicsburg, PA 17055
RE: Delinquent Homeowner's Association Dues
Property: 840 Allenview Drive, Mechanicsburg, Pennsylvania
Dear Mr. Schaul:
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that
this letter is an attempt to collect a debt and any information obtained will be used for that
purpose.
As you know, the Allenview Homeowner's Association (the "Association") has
requested our firm to collect the mounts due to the Association in connection with the above-
referenced Property.
The Association acknowledges receipt of a partial payment in the amount of $621.78
which has been applied to the mounts due t~5 the Association as a partial payment without
waiver of demand of the payments of all amounts due to the Association or any fights which the
Association may have to collect the balance due at law or in equity without further notice.
The above partial payment has been applied first to outstanding legal fees and interest
and then to the principal balance of delinquent dues itemized below.
After application of the partial payment received, the Association hereby demands the
payment of the $450.00 being the total amount due to the Association in connection with the
above-referenced Properly as of October 17, 2002, itemized as follows:
1. Dues to the Association for first
quarter 2002 due March 3 i, 2002 $ 208.00
Dues to the Association for second
quarter 2002 due June 30, 2002
$ 208.00
Accelerated dues to the Association for
third quarter 2002
$ 208.00
Accelerated dues to the Association for
fourth quarter 2002
$ 208.00
5. Late charges $ 17.24
6. Legal fees to date $ 450.00
7. Less previous payment received
- $ 227.46
Less payment received
October 7, 2002
Total amount due to the Association
as of October 17, 2002
$450.00
Demand is hereby made for the payment of the $450.00 to the Association within ten (10)
days of the date of this letter. In the event you do not pay the above amount within ten (I0) days of
the date of this letter, in full, I have advised the Association to bring a collection action against you
without further notice. In such event, the amount which you owe to the Association may increase
by such amounts as additional interest, court costs, sheriffs fees where applicable as well as any
reasonable attorney's fees incurred by the Association.
If you do not want the Association to sue you, please contact Betty Fitzpatrick at 612-5165
within ten (10) days of this letter to arrange payment.
cc: Betty Fitzpatrick
Very truly yours,
SAID , SHUiF, FL~OW/~'8~ LINDSAY
CERTIFICATE OF MAILING
Saidis. Sh.,)ff, R?w~.r & [ind.~a
2109 Mar.~e! Street
Camp Hill, FA 17011
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION :
:
PLAINTIFF, :
vs. : NO.:
:
B. MICHAEL SCHAUL, :
DEFENDANT. :
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
VERIFICATION
I, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Allenview
Homeowners Association, Inc., hereby verify that the statements made in the foregoing pleading
are true and correct to the best of my information knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
ALLENVIEW HOMEOWNERS ASSOCIATION,
INC.
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05944 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSOC INC
VS
SCHAUL B MICHAEL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SCHAUL B MICHAEL the
DEFENDANT
at 840 ALLENVIEW DRIVE
, at 1758:00 HOURS, on the 6th day of January
MECHANICSBURG, PA 17055
by handing to
B. MICHAEL SCHAUL
a true and attested copy of COMPLAINT & NOTICE
together with
, 2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this /o ~ day of
~b~ :3~3 A. D .
/ 4Prothonotary t
So Answers:
01/07/2003
KARL LEDEBOHM
By:
Deputy Sh%f~
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
02-5944 Civil
VS.
B. MICHAEL SCHAUL,
Defendant
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above captioned proceeding in favor of Allenview
Homeowners Association, Inc., Plaintiff, and against the Defendant, B. Michael Schaul,
in the amount of One Thousand One Hundred Dollars ($1,100.00), plus interest through
the date of payment, including on and after the date of entry of judgment on the
Complaint, and attorney's fees and costs. Judgment is entered pursuant to Pa· R.C.P.
3031 for failure to file and Answer on behalf of Defendant, B. Michael Schaul, to
Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice
was sent.
Date: February lq, 2003
Respectfully submitted,
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
I hereby certify that a notice of intent to take a default judgment was forwarded to
B. Michael Schaul by United States Mail, First Class, postage prepaid on February
· 7_%/, 2003. The aforesaid notice was contained within an envelope bearing the return
address of the undersigned. The notice has not been returned to the undersigned as
undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached hereto
and marked Exhibit "A" and "B", respectively. ~~~~~
I~-I M.! Ledel~ohm, Esquire
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
A PENNSYLVANIA NON-
PROFIT CORPORATION
PLAINTIFF,
VS.
B. MICHAEL SCHAUL,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
· oz - s-qqql
DEFENDANT
CIVIL ACTION-LAW
IMPORTANT NOTICE
TO:
B. Michael Schaul
840 Allenview Drive
iMechanicsburg, PA 17055
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHO 3 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 Coumy Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
preme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMEST~TIONAL MAIL, DOES NOT
PROVIDE FOR INSURANC~,(~IV~STF~t .~,,
/.... ~---~.;-.:.,,
J: t ,.~..u ..,,,.~
O~ja~ece of ordinaP/mail addressed to:
? v,~ ,~ l l-~v )?l ~~' ~) ~
PS Form 3817, January 2001
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
02-5944 Civil
VS.
B. MICHAEL SCHAUL,
Defendant
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
TO:
B. MICHAEL SCHAUL
840 Allenview Drive
Mechanicsburg, PA 17055
You are hereby notified that on ~J.~,.~ ,25 D, 2003 the following
judgment has been entered against you in the aboveJcaptioned case:
Judgment in favor of Allenview Homeowners Association, Inc., a Pennsylvania
Non-Profit Corporation, Plaintiff, and against the Defendant, B. Michael Schaul, in the
amount of One Thousand One Hundred Dollars ($1,100.00) together with additional
interest at the rate of six percent per annum plus attorney's fees, expenses and costs of
suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on
behalf of Defendant, B. Michael Schaul, to Plaintiff's Complaint within twenty (20) days
of service thereof and after a 10-day Notice was sem.
Dated:
Prothonotary 0 i
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
B. Michael Schaul
840 Allenview Drive
Mechanicsburg, PA 17055
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
02-5944 Civil
VS.
B. MICHAEL SCHAUL,
Defendant
CIVIL ACTION - LAW
A: B. Michael Schaul
Por este medio se le esta notificando que el de
2003, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el
caso mencionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
Date:
B. Michael Schaul
840 Allenview Drive
Mechanicsburg, PA 17055
Kgfl M. Eedebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SECTION 149 ETC.
ALLENVIEW HOMEOWNERS
ASSOCIATION INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION
PLAINTIFF
1N THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5944 CIVIL
B. MICHAEL SCHAUL
DEFENDANT
Amount Due: $1,100.00
Interest From
Atty's Com. N/A
COSTS TO BE ADDED
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against B. Michael Schaul, 840 Allenview Drive, Mechanicsburg, PA 17055,
Defendant;
(3) and against N/A.Garnishee (s);
(4) and index this writ
(a) against B. Michael Schaul, 840 Allenview Drive, Mechanicsburg, PA
17055, Defendant and
(b) against N/A Garnishee (s),
and levy upon any and all personal property of the defendant (s) as follows:
Any and all personal property located at the address of the Defendant at 840
Allenview Drive, Mechanicsburg, Cumberland County/Pennsylvania.
/
(5) Exemption has(not)beenwaived. %////2 ~ /r) (~ (~)
Dated:
~arl M! Le~ebt~hrh, Esq'fiire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-5944 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ALLENVIEW HOMEOWNERS ASSOCIATION
INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff (s)
From B. MICHAEL SCHAUL, 840 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONA~L PROPERTY LOCATED AT THE ADDRESS OF THE DEFENDANT AT 840
ALLENVIEW DRIVE, MECHANICSBURG, PA .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,100.00
Interest
Atty's Comm %
Atty Paid $118.28
Plaintiff Paid
Date: MARCH 26, 2003
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothono~,~
Deputy
REQUESTING PARTY:
Name KARL M. LEDEBOHM, ESQUIRE
Address: P O BOX 173
NEW CUMBERLAND, PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., A
PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
VS.
B. MICHAEL SCHAUL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
' No.:02-5944
· CIVIL ACTION - LAW
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the judgment entered in the above captioned matter satisfied·
Date: May ~ , 2003
Respect fu~,bmitte~,~ f-) f~
S ~a'Trfip reMm;L~odeubrb °ihl~/~0q~i;e
P.O. Box 173
New Cumberland, PA 17070-0173
(717)9:t8-6929
Attorney for Plaintiff