HomeMy WebLinkAbout98-00061
COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
1'ltlintilT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYL VANIA
v.
CIVIL ACTION - LA W
SUSAN J. PALMER,
Defendant
NO. 98-0061 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS and OLER. JJ.
~ ORDER OF COURT
AND NOW, this l'f day of March, 2000, upon consideration ofPlaintirrs Motion
for summary judgment, and following oral argument held on March I, 2000, at which
counsel for the parties agreed that surnmary judgment on the issue of liability should be
entered in favor of Plaintiff and against Defendant, with the issue of the amount owed to
be detenninrd by agreernent of the parties or upon trial before the eourt, Plaintiff's
motion for sumrnary judgrnent is granted to the extent that judgment is entered in favor of
Plaintiff and against Defendant on the issue of liability.
COUNSEL are requested to list the matter for a nonjury trial on damages in the
event that the parties are unable to resolve the issue amicably.
BY THE COURT,
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David R. Breschi, Esq.
1'.0, Box 88
Harrisburg, PA 17108
AUorney for Plainti ff
Ann F. DePaulis, Esq.
105 North Front Street
Suite 201
Harrisburg, PA 17101
Attorney for Defendant
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PllIintifr
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
vs.
No, 98-61 Civil Teml
SUSAN J. PALMER,
Dercndllnt
DEFENDANT'S REPONSE IN OPPOSITION TO PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT
AND NOW, comes the Defendant, SUSAN J. PALMER, ("Palmer") by and through her
counsel, Salzmann & DePaulis, P.C. and responds in opposition to the Plaintiffs, Westwood
Village Condominium ("Westwood") Motion for Summary Judgment ("Motion"), and in support
,
thereof, avers as follows.
2.
Admitted.
----
I. Admitted.
3. Admitted.
4. Admitted.
5.
Denied. Palmer resides at 1706 Penn Street, Harrisburg, Pennsylvania.
j
6. Admitted.
7. Admitted in part and denied in part. It is admitted that special assessments were issued
by Westwood, however, Palmer challenged the validity of the assessment and the
procedure by which they were assessed all of which formed the substance of the dispute
Westwood's Complaint, at paragraph 6 and 12.
more fully described in Palmer's Answer. See Exhibit I, Palmer's Answer to
8. Denied. Palmer did pay her assessments, but not to Westwood, instead paying the
assessments into an escrow account established by other disgruntled homeowners with
the luw linn ofSuidis, Guido, Shuff and Muslund, during the pcndency of an equity
uctionugainst Westwood coneeming thc c1ection of officers. See Exhibit I at pnrngrnph
6 undl2, und Exhibit 2, Palmer's Responses to Request for Admissions, al paragraph S.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted in part but by way of further response, Palmer asserts a right to challenge the
reasonableness of the attorney's fees made a part of this claim. See Palmer's Affidavit, at
Exhibit 3, setting forth the basis of her belief that the reusonableness of the fees are a
matter of dispute.
Palmer received two letters from Property Management, Inc. ("PMI") managers for
Westwood (see Exhibit 4). The letters demonstrate inaccurate accounting or
commingling of legal fees and assessments. In the two letters PMI identified different
charges posted to the Palmer account for April 1998. In the letter of November 10, 1998
the charge is identified and divided between legal and special assessment. In the letter of
August 11, 1999 the same accumulated charge is identified only as legal. This
discrepancy raises the issue as to the accuracy or reasonableness of the legal fees and the
accuracy of the interest charged to Palmer.
13. Admitted. By way of further response, Palmer was advised that it was legally appropriate
to escrow the funds and she acted in reliance on this advice during the pendency of the
equity action against Westwood concerning the election of officers. Paragraphs 7, 8, and
12 ofthis Response are incorporated by reference hereto. See also Exhibit 2 paragraphs 7
through 10.
14. Adll1ittcd.
IS. Admitted. By way of further responsc, paragraphs 7, 8, 12, llnd 13 of this Response are
incorporated by refcrence hercto selling forth Palmer's reason.
16. Admitted.
17. Admitted in part but by way of further response, Palmer relied upon the advice of certain
counsel that it was legally appropriate to escrow the assessments, paragraphs 7, 8, and 13
of this Response are incorporated by reference hereto.
18, Admitted.
19. Admitted but by way offurtherresponse, paragraphs 7,8, and 12 of this Response are
incorporated by reference hereto.
20, Admitted in part and denied in part. It is admitted that the Code of Regulations provides
such language regarding the collection offees, however, it is denied that the fees, levies
and assessments claimed in this matter are reasonable or due and owing without further
examination by way of discovery and this Honorable Court's review. By way offurther
response paragraph 12 ofthis Response is incorporated by reference hereto.
21. Admitted in part and denied in part, It is admitted that the Declaration does not provide
for escrow, however, by way of further response paragraph 7,8, and 13 of this Response
are incorporated by reference hereto.
22. Admitted in part and denied in part. It is admitted the Declaration provides for such
allocation of liability but by way of further response. It is denied that the fees, claimed in
this matter are reasonable or due and owing without further examination by way of
discovery and this Honorable Court's review; paragraphs 7, 8, 12, 13 and 20 of this
Response are incorporated by reference hereto.
23. Admitted in parlllnd dcnied in part. It is admilled that the Decimation provides
IIsseSS11lents to be chllrged lIgllinstthc units. But Cor the reason set Corth in pllrngruphs 7,
8, 12, 13, IInd 20 of the Response, which lire incorporated by reference, thcre arc legal
IInd fllctual issues still in dispute before this Honoruble Court.
24. Admitted in part and denied in pllrt. It is IIdmilled that the Declaration provides for an
enforcement action. But for the rellsons set Corth in paragraphs 7,8, 12,13 IInd 20 of this
Response, which lire incorporated by reference, there are legal and factual issues still in
dispute before this Honorable Court regarding the propriety of action and the amounts of
fees and costs demanded.
25. Admitted in part and denied in part. It is admitted that the Pennsylvania Unit Property
Act does not provide for escrowing. But for the reasons set forth in paragraphs 7, 8, 12,
13, and 20 ofthis Response, which are incorporated by reference, there are legal and
factual issues still in dispute before this Honorable Court regarding the propriety of
action and the amounts of fees and costs demanded.
26. Admitted.
27. Denied as stated. By way of further response as set forth in paragraphs 7,8, 12, 13, and
20 of this Response which are incorporated by reference hereto, there are legal and
factual issues still in dispute before this Honorable Court regarding the propriety of
action and the amounts of fees and costs demanded.
28. Denied as stated. By way of further response as set forth in paragraphs 7,8, 12, 13, and
20 of this Response which are incorporated by reference hereto, there are legal and
factual issues still in dispute before this Honorable Court regarding the propriety of
action and the amounts of fees and costs demanded.
29. Denied liS stllted. By WlIY of further response, pnrugrllphs 4, 5, 7, 8 lInd 14 lire
incorporated by reference hereto.
WHEREFORE, the Defendant, Susnn L. Palmer, respcctfully requests this Honornble
Court to deny the Motion for SUl11l11nry Judgmentllnd pcrnlit the Defendllntto pursue the issues
raised herein regarding the rcasonablencss of the fees and the Plainti ITs method of accounting
and allocation.
Respectfully submitted,
SALZMANN & DEPAULlS, P.C.
Date: 2/22/00
By:
Melis K. Dively, Esquir
Attorney ID# 36780
455 Phoenix Drive; Suite
Chambersburg, PA 172
(717) 263-2121 .
At(cii-ney or Defendant
YEI!IElCA TIO~
I verify thntnllthe stntemenls made in the foregoing doeumentnre true and
correetto the best of my knowledge, lnfonnalion and belief and that any false statements
made are subject to the penalties of IS Pa.C.S. Section 4904 relating to unswom
falsification to authorities.
s~itE~
CERTIFICATE OF SERVICE
I hereby certify that on this 22"d day of February, 2000, I served a truc and correct
copy ofthc forcgoing Defcndant's Response in Opposition to Plaintiffs Motion for Summary
Judgment by first class rnail, postage pre-paid to the following:
David R. Bresehi, Esquire
Shumaker Williams
P.O. Box 88
Harrisburg, P A 17108-0088
Salzmann & DePaulis, P.C.
By: ~ 7I72R~
Leah A. Miller
Legal Secretary
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SUSAN J. PALMER
Defendant
: IN TI m COURT OF COMMON PLEAS
: CUMUERLAND COUNTY,
: PENNSYLVANIA
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I CIVIL ACTION-LAW
: No, 98.61 CIVIL TERM
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Plaintiff
v
DEFENDANTS ANSWER TOGln-HER WITH NEW MATIER
AND NOW comes Defendant, Susan J. Palmer, and files this Answer, together with New Matter as
follows:
1. Admit in Part. Plaintiff should also include Mr. William Hicks' address, as he is the primary
source of all directions givCII and actions takCII by the so-named Council of Westwood ViUage
Condominium.
2. Admit.
3. Admit.
4. Admit.
5. Admit,
6. Admit in Part. Plaintiff does have the duty to maintain, repair, and replace the common
elements, and to make assessments and collections and payments as defined in the Dectaration.
However, Plaintiff has abdicated their duty in the first part by:
I) Issuing contracts for maintenance WId repair of the condominium units without a
bidding process, without ALLOWING input from any homeowners, and with a clear
conflict of interest in the case of both the landscaping WId painting/siding contracts,
which were awarded to Mr. William Hicks' compWIY(s} while he was acting as
PRESIDENT of the Council of Westwood Village.
2) Allowing, with FULL knowledge, grossly substandard work to be performed.
Examples include painting over rotten wood siding without first making any effort to
inspect or replace damaged materials, watering down the paint being used, initially
refusing to repair or replace obviously rotten wood siding & trim until repeatedly
requested by the homeowner, neglccting to repair or replacc railings, patio walls and
doors, and hardware.
3) Pcrforming work in a prejudiced WId political fushion, I.e. if a homeowner "supports"
Mr. Hicks, then the work needed to be performed on hislher condominium unit was
done with speed and quality. lfa homeowner would not show their "support" for the
activities WId wishes of Mr. Hicks and the Council, then requests for repairs, etc. went
unheeded by both the Council members and Property Management, Inc. The result
was an inconsistcnt and detrimental appearance to the Condominium units as a whole.
.' .' ..
6.1. Further, PlalntilThas violated the collection procedures by mnking assessments (either
regular or spceial) without allowlug ANY input or objections by the homeowners, either
written or In person during counellmcetings, Council arbitrarily set the amounts to be
collected and allowed no discussion or questions to be put forth by the body of
homeowners as to where the money would be spent or IF IN FACT WE AS TIlE
HOMEOWNERS WANTED TO SPEND IT In the first place.
6.2 When repcatedly requested to do so, both Council and PMI have refused to pn:8cnt any
evidence of contracts, either original or copies, entered Into wlth Mr. Hicks' or any other
companies contmeted for by Westwood Village Condominium. Yet they continue to have
free hand in expending all funds collccted without any accountability to the homeowners.8
6.3 TIlerefore, it is my opinion as Defendant, and the crux of the matter, that Plaintilfis in
violation, direct or indirect, of the Deelamtion, and potentially ofCrimina1 Code Section
41.13 by continuing to abdicate their fiduciary respoasibility to the homeowners, myself
included, and to act in a manner that is self-serving, biased, and potentially criminal, with
no regard for or interest in the welfare of Westwood Village Condominium as a whole.
7. Admit.
8. Admit.
9. Admit in Part. As slated in Answer PllI'lI!!mph 6, Plaintiff did issue special assessments, but
without the input or agreement of the homeowners, within which group I am a part.
10. Admit.
11. Admit,
12. Deny in Part. I, the Defendant, Susan J. Palmer, made payments directly to the Council or
Westwood Village, c/o Property Management, Inc. up until August of 1997, at which time I
began to remand the remaining and future payments to an escrow account in the name ofand
held by the law linn of Saidis, Guido, Shuff, and Maslan!i, and managed by an agreed upon
homeowner, Patricia Vandrcw.
12.1 Because there appeared to be no other relieffrom the dictatorial actioas and policies of
the Council of Westwood Village, I joined wlth a group of homeowners in escrowing our
condominium fees (regular and special). See attached, Exhibit lA, the letter from they
attomey's office to PMI advising them of the action and reasons for this action. Abc>.!CO 0z4
att:.ttRed, Exhibit 18, In} lClk.l to Cvu.....il Wid P~H ;udi"",b.t~ hk) aeti~"'19 and rf:UOAI
Therefore, Plaintiffil knew where the money was going, and that until the Courts ruled on the
suit by the homeowners, the money would CONTINUE to go there.
12.2 Again, attached is Exhibit 2A, a statement from Patricia Vandrew showing the balance
of money being held at the end of the year 1997 in the escrow account held by Saidis, Guido,
Shuff, and Masland. The amount indicated includes all'ofthe regular and spccial fees for the
months of August through December of 1997 ($590.00), plus 2 back payments of$40.00 each
for the special assessments due for June and July of 1997 ($80.00).
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Phlintiff
IN nm COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v
SUSAN J. PALMER
Defendant
CIVIL ACTION-LAW
No. 98-61 CIVIL TERM
CERTIFICATE OF SERVICE
AND NOW, this 14lh day of February, 1998, I, Susan J. Palmer, hereby certifY that I this day
served Plaintiff with the within Defendant's Answer Together with New Matter by depositing a copy of
same in the United Slates mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to Plaintiffil as
follows:
Grace Lovell, President
205 Louise Court
Enola, PA 17025
and
Property Management, Inc.
1300 Market Street
P.O. BOK 622
Lemoyne, PA 17043
.~.~~~
S J. Palmer, Defendant
222 Brian Drive
Enola, PA 17025
(717) ~~,.4 708
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5~loH- I it
John Ii. SlIke
Robert C. Saldls
lidward Ii. Ouldo
oenrrleY S. Shurr
Alberti!. Masland
Johnnn J. Oelly
Richard P. MI.III.ky
Seoll O. Moore
ODv/d J. Freed
Lnw Ornee.
SAIDIS, GUIDO, SHUFF & MAS LAND
A PROPESSlONAL CORPORATION
26 Wesl High Slreet . Post Ornee Dox S60
Cnrllsle, flennsylvnnln 17013
Telephone: (717) 243-6222 . "oeolllllle: (717) 243-6486
West Shore om..:
2109 Morkel Stree,
Comp Hili. PA 17011
Telephone: (717) 737.3~05
F.e.lmlle: (717) 737.3~07
.
Reply 10 Carlisi.
August 27, 1997
~roperty Management, Inc.
P.O, Box 622
Lemoyne, PA 17043-0622
Attn: James Stephens
Re: Westwood Village Condominium Assessments
Dear Mr. Stephens:
please be advised that this office represents The Board of
Westwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village.
The purpose of this letter is to advise that all future
assessments from individual unit owners will be held in an escrow
account by my office, until the earlier of two occurrences:
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
Village Condominiums I which an equity action is to be
heard December 5, 1997; or
2. Until the Council agrees to call a Special
Meeting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held.
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be the only fair and
reasonable way to go. The individual unit owners wish to express
that they are not withholding their assessments, and I can make
available the account information in the escrow account at any
time upon your request.
.... ~.'
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717-243-6486 SAlOIS GUIDO SHUFF
471 P02~02 RUG 27 '97 15:40
E~h'\ ~ it. I A(L.)
.
Property Management, Ino,
Jamell Stephens
August 27, 1997
Page Two
I apecifically put you on notice that these aaaessments are
being collected, and the money is being reserved, so that no
interest or late charges are to be assessed against the unit
owners, and no liens may be placed against ,th~ homeowners'
property during the period that the assessments are held in
escrow.
Hopefully, this matter will be resolved in short order. It
is to everyone's benefit that thill matter be resolved quickly, at
which time the funds can also be releaaed to the Property
Management company.
If you have any questions regarding this, or need. any
additional information, please do not hesitate to contact me, In
the event that you are represented by counsel of your own, please
have him or her contaot me to discuss thia as well.
Thank you for your oooperation and patienoe in this matter.
Very truly yours,
SAlOIS,
MASLAND
JJo/rlm
cc: Carol Novasat
Sherri Akens
Kent Patterson, Esquire
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January 3, 1998
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WESTWOOD VILLAGE CONDOMINIUM
STATEMENT OF ESCROW FUNDS - 1997
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Name:
Susan palmer
,
Address:
222 Brian Drive
Enola, P A
17025
Months Paid:
August, September, October, November, December
,
Total Amount paid:
$590.00 (plus $80.00 additional payment)
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Januwy 3, 1998 .
Dear Unit Owner:
Enclosed is a statement of the Westwood Village assessment fees you have paid into
escrow for the year 1997. If you feel there are any discrepancies with your records please
do not hesitate to contact me. All fWlds are safely deposited in an accoWlt held by the
lawfirin of Said is, Guido, Shuff & Masland.
A major victory has been won as far as our rights to escrow our assessments, Susan Palmer. .
defended herself against a civil suit filed by COWlcil and PMI for'deliI,lquent fees, Susan
went up against William Hicks and William Bopp - COWlcil members, Mr. Robert Maxwell
- PMI, and Kent Patterson - attorney for COWlcil. The District Justice ruled that she was
well within her rights. COWlcil collected nothing and was responsible for $800.00 in cout1
costs, (Another example of their misuse of our fWlds.) .
We are hopeful that yo~ will take this as' a good sign that we are doing the right thing, The
. .. only success we have had in gaining a response from COWlcil is by cutting off their funds.
Please continue submitting your monthly fees to me and they will be deposited with our
'attorney.
Please urge your neighbors and friends to join us in this legal protest against the
actions of Council.' . . . . ,
The trial between the Concerned Homeowpers and COWlcil took place Decemb~r 5, 1997.
oUr attorney, Karl Ledebohm, did an excellent job ofpreseriting the facts. We feel it went
well but the fin~ decision rests with Judge Oler, As soon as his decision is forthcOming
you will be notified. Hopefully the Judge was able to see firsthand what we have been up
against for the past' 18 months. . COWlcil' s defense was that the Wlit owners have to abide
by the wording of the Code ofRegu~ations - - - - but they don't
. . A ~eeting is being planned to discuss our next steps. Watch the bulIetin board at the .end
of the mail kiosk for more infonnation.
Thank you' for your support in our. efforts to restore our rights in Westwood Village.
Sincerely,
.1
-ai~~1C~
Patricia Vandrew
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COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plalntlft'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CO., PENNSYLVANIA
\I.
:
: NO. 91-61 CIVIL TERM
SUSAN J. PALMER,
.
.
Dde.daal
: CML ACI10N - LAW
DEFENDANT'S RESPONSE TO
nAINTIFF'S FIRST REQUEST FOR ADMISSIONS
NOW comes Defendant, SUSAN 1. PALMER, by and through her counsel.
SALZMANN & DePAULIS, P.C., responds to Plaintiff's First Request For Admissions
as follows:
I. Admitted in part, denied in part, While it is admitted that no
provisions of the Code of Regulations provides for escrow of assessments for the
Plaiotifl's fililure to adequately maintain, repair and replace the condominium's common
elements, Defendant also escrowed assessments pending the outcome of tile equity action
against Plaintiff concerning election of officers.
2. Denied as stated. Defendant relied upon representations and
advice of counsel whom she reasonably believed represented B group of disgruntled unit
owners of which she was a member. Defendant is unaware of tile specific basis for said
counsel's advice.
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3, Admitted in part, denied in part, While it is admitted that no
provisions of the condominium's Declaration provides for the escrow of assessments for
Plaintiff's failure to adequately maintain, repair and replace the condominium's common
elements, Defendant also escrowed assessments pending the outcome of tile equity action
against Plaintiff concerning the election of officers.
., Denied as stated, Defendant relied upon representations of the
advice of counsel whom she reasonably believed represented II group of unit owners of
which she was a member. Defendant is unaware of the specific basis for said counsel's
advice,
S. Admitted in part, denied in part. While it is admitted that no
provisions of the Pennsylvania Unit Property Act provides specifically for the escrow of
assessments for Plaintiff's failure to adequately maintain, repair and replace the
condominium's common elements, Defendant also escrowed assessments pending
outcome of the equity action against Plaintiff considering election of officers. In
addition, Section 306 and Section 307 of the Unit Property Act provides for the duties
and powers of council and Section 305 provides for relief for non-compliance to the Act.
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6. Denied as stated, Defendant relied upon the representations and
advice of counsel whom she reasonably believed represented a group of unit owners of
which she was a member. Defendant is unaware of the specific basis for said counsel's
advice.
7. Denied as stated. While it is admitted that no provisions ofthe
Pennsylvania Uniform Condominium Act specifically provides for the placing of
assessments into escrow based upon Plaintiff's failure to adequately maintain, repair and
replace the condominium's common elements, the Pennsylvania Uniform Condominium
Act also provides for the applicability of principles of law and equity. In addition, the
Pennsylvania Uniform Condominium Act provides for an obligation to sood filjth as well
as a general rule that the provisions be liberally administered. Defendant also escrowed
assessments pending the outcome of the equity action against Plaintiff concerning the
election of officers.
8. Denied as stated. Defendant relied upon representations and
advice of counsel whom she recently believed represented a group of unit owners of
which she was a member. Defendant is unaware of the specific basis of counsel's advice.
9. Denied as stated. Defendant reasonably believes that the
provisions of the Uniform Condominium Act provided for the applicability of principles
of law and equity as well as the obligation of good faith are applicable in this case. In
addition, Plaintiff also escrowed assessments pending the outcome of the equity action
l8Iin1t Plaintiff considering election of officers,
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10. Denied as stated. Defendant relied upon representations and
advice of counsel whom she reasonably believed represented a group of disglUntled unit
owners of which .he was a member. Defendant is unaware of the specific basis for
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counsel's advice.
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II. Denied as stated. Defendant believes that the general principles of
,
good faith as well as the provisions of the Uniform Condominium Act provide a
reasonable basis for the escrow of condominium assessments. Furthermore, Defendant
also escrowed assessments pending the outcome of the equity action against Plaintiff
concerning the election of officers.
11. Denied as stated. Defendant relied upon representation and advice
of counsel whom she recently believed represented a group ofunit owners of which she
was a member. Defendant is unaware of the specific basis fur said counsel's advice.
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Respectfully submitted,
SALZMANN & DePAULIS, P.C.
BY.~ J
F. aulia, Esqult'C
Attorney J.D. No. 56106
105 North Front Street
Suite 201
Harrisburg, Pennsylvania 17101
(717) 232-9420
(717) 232-1970 (Fax)
1580 Gabler Road
Cbambersburg, Pennsylvania 17201
(717) 263-2121
(717) 263-0663
Attorney for Defendant
VERJFICAT~
I, SUSAN PALMER, have read the foregoing Response to Plaintiff's First Request For
Admissions, and hereby affmn that it is true and correct to the best of my personal knowledge,
information and belief. This Verification and statement is made subject to the penalties of 18 Pa,
C.S. f4904 relating to unsworn falsification to authorities; I verify that all the statements made in
the foregoins are true and correct and that false statements may subject me to the penahies of 18
Pa. C.S. f4904.
Dated:
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CERTIFICATE OF SERVICE
AND NOW, this .lIn+n day of Febroary, 1999, I, DEBORAH J. WORTHINGTON,
secretary for the law firm of SALZMANN & DePAULIS, P.C., attorneys for Defendant, hereby
certifY that I served a copy of the within Defendant's Response To Plaintiff's First Request For
Admissions. Directed To Defendant, this day by facsimile and by depositing the same in the
United States mail, postage prepaid, at Harri&burg, Pennsylvania, addreased to:
David R. Breschi, Esquire
Slwmaker Williams
P.O. Box 88
Harrisburg, Pennsylvania 17108-0088
SALZMANN & DePAULlS, P.C.
11-10-1990
WESTWOOD VILLAOE CONDOMINIUM ASSOCIATION
C/O PROPERTY MANAGEMENT, INC.
P.O. BOX 62'-
t.EMOYNE, PA 17043-0622
PALMER, SUSAN J
222 BRIAN DRIVE
BNOLA, PA 17025
RE: 222 BRIAN DRIVE
HH-360-00-202220-01
DEAR HOMEOWNER:
I j
OUR RECORDS INDICATE THERE'S A BALANCE DUE ON YOUR ACCOUNT IN TH~ AMOUNT
OF $2,209.85 AS OF THE ABOVE DATE. PLEASB ~EMIT PAYMENT OF THE TOTAL DUE
IMMEDIATELY TO BRING YOUR ACCOUNT CURRENT AND AVOID FURTHER COLLECTION
ACTIONS. PLEASE FIND BELOW A DETAILED LIST OF THE CHARGES CURRENTLY
OUTSTANDING ON YOUR ACCOUNT:
10/97 F FILING/LEGAL
04/98 F FILING/LEGAL
04/98 S SPECIAL ASSESS
04/98 i INT ON ESC FUND
05/98 F FILING/LEGAL
05/98 M MONTHLY ASSESS
05/98 S SPECIAL ASSESS
05/90 i INT ON ESC FUND
06/98 F FILING/LEGAL
06/98 i INT ON ESC FUND
07/98 F FILING/LEGAL
07/98 i INT ON ESC FUND
00/98 F FILING/LEGAL
08/98 L LATE CHARGE
08/98 i INT ON ESC FUND
09/98 M MONTHLY ASSESS
09/98 S SPECIAL ASSESS
11/98 L LATE CHARGE
11/98 M MONTHLY ASSESS
11/98 S SPECIAL ASSESS
749.72
72. SO <-_ -\~i~
36.00~
51.10
177.50
78.00
40.00
10.85
202.60
11.78
190.50
8.33
324.69
2.92
9.36
78.00
40.00
0.00
"8.00
40.00
rE'Af~ 0..... SIll /91
'1-::. FIL/lJfr//...f.~1.... (/
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FED 21 '00
19:08 No.OOS P.OI
... Continued from previous pagQ .... NOVEMBER 10, 1990
PLEASE MAKE YOUR CHECK PAYABLE '1'0: WESTWOOD VILLAGE CONDOMINIUM ASSOCIATION
AND FORWARD YOUR PAYMENT TO: C/O PROPERTY MANAGEMENT. INC.
P.O. BOX 622
I,F.MOYNE, PA 17MJ-0622
PLEASE FEEL FREE TO CALL OUR OFFICE IF YOU HAVE ANy QUESTIONS. WE WILL
DE GLAD TO BE OF ASSISTANCE.
IF YOU HAVE ELECTED AUTOMATIC WITHDRAWAL, TIllS AMOUNT WILL BE WITHDRAWN FROM
YOUR PERSONAL ACCOUNT ON THE 5TH nAY OF THE FOLLOWING MON~H, O~ TilE NEXT
BUSINESS DAY THEREAFTER.
SINCERELY,
PROPERTY MANAGEMENT, INC.
AS AGENTS FOR
WESTWOOD VILLAGE CONDOMINIUM ASSOCIATION
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FED ;'1 '00
17: IS Nu. OO~ P. 0 I
08-11-15199
Susan J Palmor
1706 PENN STREBT
HARRISBURG, PA, 17102
RE: 222 BRIAN DRIVE
HH-360-00-202220-01
DEAR HOMEOWNER:
OUR RECORDS INDICATE THAT THERE IS A BALANCE DUE OF 2,636.96 AS OF THE
ABOVE DATE.
IF ~OU HAVE MATERIAL TO SUBSTANTIATE PAYMENTS NOT REFLECTED ON OUR RECORDS,
PLEASE SUBMIT COPIES SO THAT WE MAY ADJUST OUR RECORDS APPROPRIATELY.
OTHERWISE, PLEASE FORWARD PAYMENT OF THE TOTAL AMOUNT DUE TO BRING YOUR
ACCOUNT CURRENT AND AVOID THE POSSIBILITY OF PENALTIES.
BELOW IS A DETAILED LIST OF THE CHARGES SHOWN AS CURRENTLY OUTSTANDING ON
YOUR ACCOUNT. PLEASE BE AWARE THAT RECENTLY RECEIVED PAYMENTS MAY HAVE BEEN
APPLIED TO OLDER BALANCES. PLEASE CONTACT OUR OFFICE FOR CI,ARIFICATION OF
PAYMENTS/POSTING AT (717) 730-4141 OR E-MAIL ATAMD~RENTPMI.COM.
THANK YOU FOR YOUR PROMPT ATTENTION TO THIS MATTER.
10/97 F FILING/LEGAL
04/98 F FILING/LEGAL
04/98 i INT ON ESC FUND
05/98 F FILING/LEOAL
05/98 i INT ON ESC FUND
06/98 F FILING/LEGAL
06/98 i INT ON ESC FUND
07/98 F FILING/LEGAL
07/98 i INT ON ESC FUND
08/98 F FILINO/LEGAL
08/98 i INT ON ESC FUND
09/98 i INT ON ESC FUND
10/98 i INT ON SSC FUND
11/98 M MONTHLY ASSESS
11/98 S SPECIAL ASSESS
... Continued on next
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867.72
108.50 -*'
51.10
177.50
10.85
202.60
11.78
198.50
8.33
324.69
9.36
11. 03
10.46
70.92
40.00
pllge ....
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... Continued from previouo
11/98 i INT ON BSC FUND
12/518 L LJ\TS CHARGE
1~/98 M MONTHLY ASSESS
12/98 S SVECIAL AS8~BS
1~/90 i INT ON SSC VUND
01/99 L LJ\TB CHARGE
03/99 L LJ\TB CHARGE
03/5151 S SPECIAL ASSESS
04/99 L LATE CHARGE
04/99 S SPECIAL ASSESS
05/99 L LATE CHARGE
05/519 S SPECIAL ASSESS
06/99 L LATE CHARGE
06/99 S SPECIAL ASSESS
07/951 L LATE CHARGE
07/99 M MONTHLY ASSESS
07/99 S SPECIAL ASSESS
08/99 L LATS CHARGS
08/99 M MONTHLY ASSESS
09/99 S SPECIAL ASSESS
FED 21 '00
17:IS Nu.OO~ P.02
pago ....
II. 10
10.00
'18.00
4.24
11.16
1. !II
2.59
40.00
2.93
40.00
3.26
40.00
3.59
40.00
3.93
78.0
40.00
4.91
78.00
40.00
AUGUST 11, 1999
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PLEASE MAKE YOUR CHECK PAYABLE TO:
AND FORWARD TO:
SINCERELY,
PROPERTY MANAGEMENT, INC.
AS MENTS FOR
WESTWOOD VILLAGE CONDOMINIUM
WESTWOOD VILLAGE CONDOMINIUM
PROPERTY MANAGEMENT, INC.
P.O. BOX 622
LEMOYNE, PA 17043
I'.b ilt UII IIIlI :mp
!Ill I "',"linn .. II"PIIllll", 1'.1:. "I"i!B:I-lIHH:~
p. ~-i
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6. I have previously protcstcll eml\lIlnthe accounting methods of Westwood
and 1 bellcvc my account has becn subject to chnrBcs nsscsscU In CliVI and are
unrt.llsonablc ultvlllcys fees as evidenced by the errors in the PMllellcrs.
~ ~CU\J-P~
8USM J. Palmer
Sworn 10 and subscribed
beror~c:. :'/ ~ J day
of ./<!!35!/A1< . 2000
~
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NolBIl' Public
-'-
M (,,~lStJQlo>Jj.li fi<IIlblRE .'"
E"5s ennsbor~".~!lry PLib/j~
(S .Illl omml.sion ~p' ;CroUmoberl.,nd Counry
, 9 ue to 0
Member, Pennsylvenla Assoclau;;, 01 N' ~OD
D1J"e.
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, I'A
v.
CIVIL ACTION -LA W
SUSAN J.I'ALMER,
Defendant
NO. 98.61 CIVIL TERM
PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
I. Factual and Procedural Backl!round
Plaintiff, Council of Westwood Village Condominium (hereinafter "Council"), has filed the
accompanying Motion for Summary Judgment pursuant to Pa.R.Civ.P. 1035.2 in Ihe above-
caplioned matter. Council submits Ihis Brief in Support of its Motion for Summary Judgment.
Westwood Village Condominium is a condominium Iocaled in East Pcnnsboro Township,
Cumberland County. Pennsylvania, that was created and established on January 29. 1975. pursuant
to Ihe Unit Property Act of Pennsylvania; the Declaration Creating and Establishing Westwood
Village Condominium (hereinafter "Declaration") is recorded in Ihe Office ofthe ReeorderofDeeds
of Cumberland County in Miscellaneous Book 213, Page 283. and Ihereafter as amended; the Code
of Regulations of Westwood Village Condominium (hereinafter "Code of Regulations") is recorded
in Miscellaneous Book 2 13. Page 328 and thereafter as amended; and the Declaration Plan of
Westwood Village Condominium dated January 29. 1975 is recorded in Plan Book 26. Page 13 and
thereafter as amended. See Council Complaint at ~3, a copy of which is auached 10 the
accompanying Motion for Summary Judgment as Exhibit "\." Council is the governing body of
Westwood Village Condominium, managing the business, operations, affairs and property of
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Westwood Village Condominium pursuanl to the Unit Properly Acl of Pennsylvania, the
Deelaralion, and Code of Regulations. See Exhibit "I" at "4.
Defendanl, Susan J. Palmer (hereinafter "Palmer"), is an adult individual residing at 222
Brian Drive, Enola, East Pennsboro Township, Cumberland Counly, Pennsylvania 17025. See
Exhibit "I" at ~2. For Ihe year 1997, pursuant to the Westwood Village Code of Regulalions,
Council assessed Palmer an annual general assessment in the amount of $78.00 per month. See
Exhibit "1" at ~1O. FUrlhennore, during the year of 1997, Council issued special assessmenls in the
amount of$40.00 per month to Palmer for increased operating maintenance and/or addilional capital
expenses pursuant to the Westwood Village Code of Regulations. See Exhibit "1" at ~IO. In 1997,
Palmer slopped paying her monlhly condominium assessments and, as of December 31, 1997, owed
assessments in the amount of$I.637.72. See Exhibit"(" at ~I2.
On January 26, 1998, Council filed the instant action against Palmer for the purposes of
collecting her unpaid assessmenls. See Exhibit "I." On or about February 14, 1998, Palmer filed
an Answer with New Matter to Council's Complaint. A copy of Palmer's Answer is attached to the
accompanying Motion for Summary Judgment as Exhibit "2." In her Answer, Palmer admitted that
she did not pay the required fees to PMI, but placed them into escrow in September, 1997. See
Exhibit "2" at ~I2.
The parties engaged in discovery in this action. At her deposition, Palmer admitted that she
failed to pay Council the required fees beginning in June 1997, depositing said monies inlo escrow
instead because she wanted to getlhe Council's attention regarding what she perceived as a failure
to maintain and repair the condominium. See deposilion of Susan J. Palmer, August 24, 1998 at pp.
2
21-26,32-34. A copy of the deposiliolltrtlllscript is lI11llched to Ihe Molioll for Summary Judgment
as Exhibit "3." Pallner continlled to escrow her fees, flliling to submit them 10 PMllhrough April
1995. See Exhibit "3" al p. 61. Palmer continucd this practicc, despite repealcd notices from
Councillhat such escrowing was not legal and would result in the assessment of late charges, Iieo
filings and institution of Icgal proceedings to collect the fees owed. See Exhibit "3" at 1'1'. 43, 45,
47 and 65. See also Palmer Deposition Exhibits 3, 5 and 6. Copies of the Palmer Deposition
Exhibits are collectively allached 10 the Motion for Summary Judgment as Exhibit "4."
As part of the discovcry conducted in this case, Council served Requests for Admissions on
Palmer regarding Westwood Village Condominium's Declaration and Code of Regulations. Copies
of the Requesls for Admissions, Palmcrs Responses thereto, the Declaration (without exhibits) and
the Code of Regulations are allached to the accompanying Motion for Summary Judgment as
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Exhibits "5," "6," "7" and "S," respcctively. Palmcr admilled that no provisions of the Code of
Regulations provides for escrow of assessments for Plaintiffs failure to adequately mainlain, repair
and replace the common elements of the condominium. See Exhibit "6" at ~1. Rather, the Code of
Regulations provides that Ihe Council had the authority to handle the "operalion, management,
mainteaance, renewal, replacement, repair, care, clean-up, upkeep, protection and surveillance of
Westwood Village Condominium." See Exhibit "s" at p. 12. The Code of Regula lions further vests
the Council with the ability to adjust or increase the amount of assessments for such common
expenses, as well as levy and collect special assessmenls. from individual owners, as deemed
necessary by the Council. Sec Exhibit "s" at 12. Finally, the Code of Rcgulations authorizcs thc
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Council to collcct "dclinquenllcvics or Asscssmcnts madc by Council against any Units and the
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respective Unil Owners thereol: and Interest thereon. tOl!elher wilh such costs lInd eXl1enses incurred
in connection Iherewith. includinl! bul notlimiled to minI! fees. courl costs and nllomevs' fces
whether bv suit or otherwise..... See Exhibit"8" at p. 14. (emphasis added).
Palmer also admilled thllt no provisions of the condominium's Declaration provides for the
escrow of assessments for failure to adequalely maintain, repair und replace Ihe common elements
of the Condominium. See Exhibit "6" at ~3. Rather, the Declaration provides that uny assessment
levied by the Council against any unit for the share of such common expenses arc the personal
liability ofthe unit owner of the unit. See Exhibit "7" at p. 17. Per the Declaration, all assessments
levied by the Council, together with interest constitute a charge against the unit which can be
enforced as provided in Section 703 of the Unit Properly Act of Pennsylvania. See Exhibit "7" at
p. 17. Additionally, the Declaration provides that any assessment against a unit, may be enforced
by suit initiated by the Council. See Exhibit "7" at p. 17.
Finally, Palmer admitted that the Pennsylvania Unit Property Act docs not provide for
escrowing of assessments for failure to adequately maintain, repair and replace the condominium's
common elements. See Exhibit "6" at ~7. Rather, as Palmer admitted, the Unit Property Act of
Pennsylvania provides that a uait owner may maintain an action for recovery of damages or
injunctive relief if aggrieved by a non-compliance with Ihe Code of Regulations. See Exhibit "6"
at ~~7 and 68 P.S. 9700.305 (repealed).
After suit was filed by Council to collect Palmer's delinquent condominium fees, Palmer paid
most of her delinquent condominium fees. but refused to pay for the interest on her delinquencies
and for legal fees and costs Council incurred in the collcclion of Palmer's delinquent assessments.
4
A brcakdown of Palmcr's chargcs and paymcnts sincc Scptcmber, 1997 is uttached to Ihc
accompanying Molion for Summary Judgmcnt us Exhibil "9." The tolul amount owcd by Palmer
at this timc consisls of $867.72 in ultorneys' fccs to Council, $4,782.73 in attorncys' fccs to
Shumakcr Williams, P.C., $302.66 in inlerest and $957.92 for unpaid monthly and spccial
usscssments to Council. Said amounls total $6,911.03. Sce Exhibit "9." Bccausc Palmcr failcd to
pay the monics as providcd for in thc Wcstwood Villagc Dcclaration, Code of Regulations and the
Pennsylvania Unit Property Act, she has breached hcr Agrcement with Council.
II. Issue
Whclher counsel is entitled to summary judgmcnt for Palmcr's failure to pay her
condominium assessments?
Suggested Answer: Yes.
III. Lel!ul Arl!ument
A. Standard of Review.
The Pennsylvania Rules of Civil Procedure provide Ihat aner the relevant pleadings are
closed, any party may move for summary judgment in whole or in part as a malter of law.
Pa.R.Civ.P. 1035.2. Summary judgment is appropriate "whenever there is no genuine issue of any
material fact as to a neccssary elemcnt of the cause of action or defense which could be established
by additional discovcry or cxpert report..." Pa.R.Civ.P. 1035.2(1). It is also proper whcre "an
advcrse party who will bear the burden of proof at trial has failed to produce evidence of facls
essential to Ihe cause of action or defense which in a jury trial would require the issucs to bc
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submilled 10 U jury." l'u.R.Civ.l'. 1035.2(2). The stulldurd of review for a motion for summary
judgment is well established:
A mol ion for summary judgment may properly be granled when the pleadings,
deposilions, answers 10 interrogalories, and admissions on file, together wilh Ihe
affidavits, if any, show that there arc no genuine issues of material fact and the
moving party is entitled to judgment as a mailer oflaw. However, "the record must
be examined in the light most favorable to Ihe non-moving party..... Moreover,
summary judgment should be granted only where Ihe right is clear and free of doubt.
Hopewell Estates. Inc. v. Kent, 435 Pa. Super. 471, 646 A.2d 1192 (1994)(eilations omilled).
Applying this standard 10 the instant Molion, it is clear that Council is enlitled to judgment against
Palmer.
B. Council is entitled to summarv iudgment as a mailer ofIaw because Palmer failed to Dav her
condominium assessments.
As established above and in Ihe accompanying Motion for Summary Judgment, the record
evidence reveals that beginning in June 1997, Palmer failed to pay special assessments issued by the
Council, escrowing the money instead. This was established by Palmer's own deposilion testimony
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and her admissions. Because Palmer failed to pay the assessments, late charges in the form of
interest were added to the assessmenls as pennilled by Westwood Village Condominium's Code of
Regulations and Declaration, as well as the Unit Property Act of Pennsylvania. See Exhibit "S" at
p. 14; Exhibit "7" at p. 17 and 6S P.S. 700.702 (repealed).' Moreover, the Code of Regulations
IThe Unit Property Act, 68 P.S. ~700.1 0 I, et!iJm. was repealed and replaced by the Unifoml
Condominium Act. 68 Pa.C.S.A. ~31 0 I,.!tl gg. The latter statute. however, only applies to
condominiums created within the Commonwealth of Pennsylvania aner the effective date of the statute.
January 1981. Condominiums. such as Westwood Village Condominium created under the Unit Properly
Act, still arc governed by the Unit Properly Act unless the condominium speeilically elects to procecd
undcr the Uniform Condominium Act. Westwood Village Condominium has not elected to proceed
under the Uniform Condominium Act; hence, it is governed by the Unit Property Act.
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authorizes Council to collecl such delinquentllssessmenls, together with intereslllnd costs and
expenses incurred in conncclion wilh collection. Such costs and expenses include court filing eosls
and altomeys' fees. Sce Exhibit "8" at 14. The Declaralion provides that any charge against a Unit
is enforceable as provided by Section 703 oflhe Unit Property Act. See Exhibit "7" al 17. The Acl
pennits charges to be enforced by an action in assumpsit. 68 P.S. 9700-703 (repealed). However,
under the Unit Property Act, a suit in assumpsit is not the only permissible method for collecting
assessed charges; rather, it is simply a pennissible collection melhod. Societv Hill Towers Owners
Association v. Matthew, 306 Par Super. 13,451 A.2d 1366 (1982). Thus, like any other debt, the
charges are enforceable by an aclion at law.
The action brought by Council against Palmer to collect the charges owed, including the
interest assessed thereon and the attorneys' fees incurred in collecting the delinquent assessments
is governed by the Commonwealth Court's decisions in Mounlainview Condominium Association
V. Bomersbach, No. 425 C.D. 1996 (Pa. Commw. Ct. July IS, 1997) and Mountainview
Condominium Association V. Bomersbach, 734 A.2d 468 (Pa. Commw. Ct. I 999). As with the
instant case, the defendant in Mountainview was a condominium owner who stopped paying her
monlhIy assessments to the condominium association because ofa dispute with the associalion. The
condominium declaration for Mountainview, like the Westwood Village Declaration, required that
all condominium owners pay a monthly assessment to the association. The Mountainview
declaration further provided Ihat the association was enlitled to recover all reasonable attorneys' fees
incurred in collecting delinquent assessments from a condominium owner. Here, the Code of
Regulations has a similar provision.
7
The Mounlainview Condominium Association sued thc dcfcndllntlo collcct her past due
assessments when the delinquency reached $1,200. The condominium owner subscquently agrecd
10 pay Ihe delinquent assessments, but refused 10 pay Ihe attorneys' fees which Ihen totaled $500.
The condominium owner offered a total of $1 ,400 to settle the debt of $1,700 which was rejected
by Ihe condominium associlltion. Evcntually, the condominium owncr paid her delinquent
assessments in full which tolaled $3,83 I .49, but still refused 10 pay the association's attorneys' fees.
The parties filed motions for summary judgment and Ihe trial court granted the defendant's
molion for summary judgment to the extentlhat legal fees generated after March 3, 1989 (lhe date
on which the plaintiff remitted payment for all assessments and interest accrued thereon) were
deemed unconscionable, unreasonable, against public policy and were not recoverable by the
condominium association. The associalion appealed and in a memorandum decision, the
Commonwealth Court reversed. Mountainview, No. 425 C.D. 1996. A copy ofthe Commonweallh
Court's memorandum decision is attached hereto as Exhibit"!."
In resolving Ihe appeal, Ihe Commonwealth Court initially noted that attorneys' fees arc
recoverable from an adverse party ifallowed by slatute or when clearly agreed to by the parties. kI.
at6 (citing DeDartment ofTransportation v. Minor Mines. Inc., 523 Pa. 112,565 A,2d 428 (1989)).
It further noted that Ihe Mountainview Association's declaration provided for the inclusion of
attorneys' fees as part of the delinquentllssessmenl. Id. Accordingly, it concluded that reasonable
legal fees generated by the association's counsel, relating to the prosecution of the civil action for
collection ofthe delinquent assessment consisting of the prior legal fees, are recoverable. Id. 01 10.
In reaching its conclusion, Ihe Court noted that if the unit owner wished to question the propriety of
8
any incrcascd asscssmcnt coslS, hcr rcmcdy WIIS with thc court, instcad of choosing 10 unilatcrally
avoid her obligalions. ,W. (citing Rivcr's Edge Condominium Association v. Rere. Inc., 390 Pa.
Super. 196, 568 A,2d 261 (1990)).
On remand, Ihe parties Iiligated the reasonableness of the allorneys' fees. After expert
testimony was offered by bolh parties, the trial court concluded that Ihe association's legal fees
totaling $46,548.64 were reasonably incurred and were recoverable by Ihe condominium association.
The unit owner appealed, arguing that Ihe condominium association should have mitigated its
damages by accepting the unit owner's compromised ofTer. Additionally, the unit owner argued that
the association was not entitled to collect allorneys' fees expended in collecling allorneys' fees. The
Commonwealth Court rejected the unit owner's arguments on both points. Mountainview,.734 A,2d
468.
The Commonwealth Court ruled that "the association's right 10 collect allorneys' fees is
erystal elear and unequivocally established in ... the Declaration ...". Id at 471. Moreover, the
Commonwealth Court, relying on its prior memorandum decision, ruled that the association was
entitled to collect allorneys' fees expended in allempting to collect attorneys' fees pursuant to the
provisions of the Declaration.
These cases govern Ihe Council's request for an entry of summary judgment against Palmer.
The facts are almost identical. For a period of time, Palmer refused to pay the assessments issued
by the Council. When she eventually paid the assessments, she still refused to pay the attorneys'
fees. Council's "right to collect allorneys' fees is crystal clear and unequivocally established ..." in
Ihe Code of Regulations, however. Having properly brought this action, Council is entitled to
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judgmenl against Palmer for Ihe small amount of unpaid assessments, togelher with the significant
attomeys' fees Ihat Council has incurred in connection with collecting bolh the unpaid assessments
and the attorneys' fees.
IV. Conclusion
For the reasons set forth above, Council is entitled to summary judgment against Defendant
Susan Palmer as a matter of law. Council respectfully requests that this Honorable Court enter
judgment in favor of Council and against Defendant Palmer in the amount of$6,9I 1.03.
Respectfully submitted,
r:-
Dated: ~ '7,\ ~
--- { I
SHUMAKER WILLIAMS, P.C.
B,'!!fEl ~
P.O. Box 88
Harrisburg, PA 17108
(717)763-1121
Attorneys for Plaintiff
103309
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA
MOUNTAIN VIEW CONDOMINIUM OWNERS'
ASSOCIATION,
Appellant
v.
KARIA P. BOMERSBACH
v.
MOUNTAIN VIEW CONDOMINIUM OWNERS'
ASSOCIATION
NO. 425 C.D. 1996
ARGUEO: October 8, 1996
HONORABLE BERNARD L. McGINLEY, Judge
HONORABL~ JIM FLAHERTY, Judge
HONORABLE CHARLES P. MIRARCHI, JR., Senior Judge
OPINION NOT REPORTED
BEFORE:
MEMORANDUM OPINION
BY JUDGE McGINLEY
FILED: July 15, 1997
The Mountain View Condominium Owner's Association
(Association) appeals from an order of the Court of common Pleas of
Chester County (trial court) which granted, in part, Maria
Bomersbach's (Bomersbach) motion for summary judg~ent and granted,
in part, the Association's cross-motion for partial summary
jUdgment.' We reverse and remand.Z
, This Court's inquiry into the trial court's grant of
summary judgment is limited to determining whether the trial court
committed an error of law or abused its discretion. Del1aDe v.
Murrav, 651 A.2d 638 (pa. Cmwlth. 1994).
2 A timely appeal was filed with the PennsylvanJa Superior
court which, sua sponte, transferred the appeal to this Court.
After oral argument before this Court, a petition for
reconsideration was granted. This matter was reassigned to this
writer, on June 4, 199'l.
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On Hay 18, 1987, 80mersbach purchased a unit in the
Hountain View condominiums. The Association is the governing body
which operates under rules and regulations entitled, "The
Declaration of Condominium of Hountain View", dated October 27,
1983 (Declaration). The Declaration authorizes the Association to
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s...s. fe.. ogainst 011 unit owners.
The fess are set by the
As.ociation at a stated annual meeting and are payable in monthly
installment!>.
In July of 1988, because of an i.lt:rease ill the monthly
assessment, Bomersbach unilaterally stopped paying her monthly
assessment and deposited the money into an escrow account.
Subsequently her unit was declared delinquent by the Association.
Bomersbach demanded an accounting from the Association to justify
the increase.
On January 27, 1989, the Association filed a
complaint seeking damages for delinquent assessments, interest,
accelerated assessments and attorney's fees.
Bomersbach agreed to settle the dispute if certain
documents were provided to justify the increase in the monthly
fees. On February 15, 1989, the Association tendered the requested
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infol"lllation.
on March 3, 1989, Bomersbach sent a check to the
Association to settle the claim.
The check included past due
assessments and interest.
No legal fees or other charges were
remitted. The Association returned the check and refused to settle
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the claim unless all fees and delinquencies were paid. Bomersbach
answered and counterclaimed.J
On November 11, 1990, the Association again invoic'ld
Bomersbach for delinquent assessments, late charges and attorney's
fees.
Bomersbach remitted a check for the assessment and late
charges only.
The Association accepted the check as a partial
payment on her delinquent account. Bomersbach remained curr.ent on
the assessment charges but continued to refuse to pay thr. legal
fees or any late charges attributed to the collection of her
delinquent account.
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On November 23, 1994, Bomersbach filed a motion for
summary judgment. The Association answered the motion and filed a
cross-motion for partial summary judgment. subsequently, the trial
court issued a thIrty-two page memorandum opinion and order
granting Bomersbach's motion to the extent that legal fees
generated after March 3, 1989 were unconscionable, unreasonable,
against public policy and not recoverable. The trial court also
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individual directors of the Association as additional defendants.
The trial court su<,tained preliminary objections to the
counterclaim on the basis that the additional defendants were
joined in violation of Pa.R.C.P. 2252(b). Bomersbach then filed a
complaint against the individual directors and the trial court
sustained preliminary objections to that complaint. Bomersbach'g
subsequent petitions for reconsideration and petition for leave to
join additional defendants were denied.
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record must be viewed in the light most favorable to the nonmoving
party, which is entitled to the benefit of all reasonable
interences. TownehiD of Bens~--.Mllgt!l, 620 A.2d 76 (pa.
cmw1th. 1993). ;,11 doubts as to the existence of a genuine issue
of material fact must bo resolved against the moving party. HA~
v. Tasman, 527 Par 132, 589 A.2d 205 (1991). Summary judgment may
be entered only in those cases where tho right is c1enr and free
trom doubt. Musser v. vilsmeier Auction Co., 522 Pa. 367, 562 A.2d
v.
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279 (1989).
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We first consider the Association's argument that the
trial court erred by concluding that, until 1993, there was no
statutory authority entitling it to recover legal fees incurred in
the collection of a delinquent ~ssessment.
The Association
contends that Section 3315 of the Uniform Condominium Act (Act), 68
Pa.C.S. S 3315, as it existed in 19BB, provided the requisite
statutory authority.
provided:
section 3315 of the Act, pertinently
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(a) General rule. - The association has a lien
on a unit for any assessment levied against
that unit or fines imposed against its unit
owner from the time the assessment or fine
becomes due. The association's lien may be
foreclosed in like manner as a mortgage on
real estate. Unless the declaration otherwise
provides, fees, charges, late charges, fines
effective date of the new Rules. KaDIan v. SEPTA, 6BB A.2d 736
(pa. cmw1th. 1997).
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and interest charged pursuant to Section
33D2(a) (lD), 911) and (12) (relating to powers
of unit owners' association) are enforceable
as assessments under this section . . . .
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(f) costs ftnd attorney's fees. - A judgment or
decree in any action or suit brought under
this section shall include costs and
reasonable attorney's feos for the prevailing
party.
It is well sattled that attorney's fees are recoverable
from an adve=se party when provided by statute, or when clearly
agreed to by the parties.s
OeDartment of TransDortatlon v. Minor
Mines. Inc., 523 Pa. 112, 122, 565 A.2d 428, 433 (1989). In the
present case, the legislature intended that attorney's fee be
recovered, and it so pr~vided in the Act.'
The Association noxt argues that the Declaration provides
for the inclusion of reasonable attorney's fees as part of the
delinquent assessment. Section 14.7 of the Declaration provides:
Personal Liabilitv of Unit Owners. All sums
assessed by the Association as an Annual or
Special Assessment, together with interest
thereon . . . , and any late charges that may
be levied by the Associatio.., shall constitute
the personal liability of the Owner of the
S Bomercbach admitted in her answer to the Association'S
complaint that the Oec1aration provided for the unit owner's
obligation t~ pay the Association for annual, water and special
assessments, together with interest and costs of collection
(including attorney's fees). n.R. at 19a.
, Section 33D2 of the Act, 68 Pa.C.S. ~33D2(14), expressly
provides an association with the right to exercise all powers
conferred upon it by its governing declaration.
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Unit so assosssd and also shall, until fully
paid, constitute a lien against such unit
pur..uant to Section J325 of the Act. The
Association may take actio" for failure to pay
any assessment or other charges on the date on
which it is Jue. The delinquent Unit Owner
shall be obligated to pay (a) all expenses of
the Executive Board, inclUding reasonable
attorney's fees, incurred in the collection of
delinquent assessments by legal proceedings or
otherwise, and (b) any amounts paid by the
Executive Board for taxes or on account of
superior liens or otherwise to protect its
lien, which expsnses and amounts, toqether
with accrued interest, shall be deemed to
constitute part of the delinquent assessment
and shall be collectable as such.
Section 14.7, Personal Liability of Unit Owners, R.R. at 17a.
When interpreting a contract, a court must review and
consider the antire instrument giving effect to all its provisions.
Grant v. Southwestern Pennsv1vania water Authoritv, 601 A.2d 1359
(PlI. Cmw1th. 1992). The function of contract interpretation and
construction is a question of law peculiarly within the province of
this Court and must be construed according to the plain meaning of
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the contract's language.
OeDsrtmont of transDort:~tion v. IA
Construction corooration, 588 A.2d 1327 (pa. Cmwlth. 1991). The
court must determine the intent of the parties and must adopt an
interpretation which delineates the most logical, reasonable,
probable and natural conduct of the parties. State Colleae Manor.
Ltd. v. Deoartment of Public Welfare, 576 A.2d 407 (pa. Cmwlth.),
aooeal dismissed, 525 Par 263, 579 A.2d 1294 (1990).
"\
7.
contrary to the trial court's conclusion, Section 14.7 of
the Declaration clearly and unambiguously provides for the
inclusion of reasonable attorney's fees as part of the delinquent
assessment. Section 14.7 unequivocally states that the delinquent
unit otlner shall be obligated to pay (a) all "expenses" of the
Executive Board, including reasonable attorney's fees and (b) any
"amounts" paid by the Executive Board for taxes or on account ot
superior liens.
Section 14.7 goes on to state that these
"expenses" and "amounts" "shall be deemed to constitute part of the
delinquent assessment and shall be collectable as such."
Pursuant to Section 14.7 attorney's fees are "expenses"
which constitute part of the delinquent assessment, and the unit
owner is responsible for paying reasonable attorney's fees incurred
in the collection of the delinquent assessment.
Accordingly,
reasonable legal fees generated by the Association's counsel after
March 3, 1989, relating to the prosecution of the civil action for
collection of that portion of the delinquent assessment consisting
of the prior legal fees, are recoverable.
The Association contends that, in accordance with Section
14.7 of the DeClaration, the legal fees it incurred have become
part of the delinquent assessment. Because S"ction 14.7 authorizes
the Association to recover legal fees incurred in the collection ot
a delinquent assessment, the Association argues that it is entitled
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to reco~er the additional legal tees it incurred in its attsmpt to
recover the initial delinquencies, including legal tees. We agree.
In support ot it~ argument that section 14.7 permits the
Association to recover legal tees incurred to recover legal tees,
the Association cites Wrentield Homeowners Association. Inc. v.
DeYouna, 410 superior ct. 621, 600 A.2d 960 (1991). In wrentield,
the homeowners refused to pay their assessment. The association
filed suit and the trial court: returned a verdict against the
homeowners.
The trial court also awarded legal fees to the
association because the association's declaration placed the costs
of c?11ection on delinquent homeowners. On appeal, superior court
affirmed the order of the trial court:
The declaration clearly makes the defaulting
homeowner liable for assessments plus the cost
of collection for the amount in default.
Furthermore, the declaration authorized the
association tu institute suit to collect
delinquent assessments. Because the
association was a corporation and could only
appear and be represented in pennsylvania
courts by an attorney, it was logical that
atto~neys' fees would be the primary costs of
collection if it became necessary to institute
suit. If the declaration was not intended to
include counsel fees, the burden of the costs
of collection would have fallen on the other
homeowners. Given the nature of the
declaration and the fact that this was a
contract between homeowners and their
nonprofit homeowners association it is
reasonable to conclude that the parties
intended the costs of collection to include
attorneys' fees. ~
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Ordinarily, tho dotormination ot tho roasonablonoss ot
attorney's fees is a mattor rolegated to the sound discretion of
the fact tinder. Robinson bv Robinson v. SEPTA, 615 A.2d 880 (pa.
cmwlth. 1992). The trial court conceded that the question of
reasonableness of attorney's fees was a question of fact for a jury
but it further stated that tho Association's legal fees were not
recoverable under the Declaration after March 3, 1989. The trial
court found that all subsequent legal fees were unreasonable, and
did not considerwhother the Association's costs of litigation were
reasonably and necessarily precipitated by the extensive
counterpleadings of Bomorsbach in response to the legal claim for
late feos. Order of the Trial Court, August 28, 1995 at 6, 10-12:
R.R. at 444, 450a-452a. The trial court permitted legal feos up
to the time of .litigation but not after settlemont talks broke
down. If Bomersbach wished to question the propriety of the
increased assessment costs, her remedy l~as with tho court, instead
she chose to unilaterally avoid her obligations. Rivers Edae
condominium Association v. Rere. Inc., 390 Pa, Superior Ct. 196,
568 A.2d 261 (1990). Her actions necessitated the Association's
civil action and her counterp1eadings only served to increase the
amount of her legal fees.
The trial court concluded that the legal fees incurred by
the Association after March 3, 1989, were not recoverable. The
trial court determined that tho Association had a duty to mitigate
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damages and erred when it did not conditionally accept the check
tendered by Bomersbach on March 3, 1989. The Association argues
that the trial court rolied on documents which wore not propor1y
before it on the motion for summary jUdgment. We agree. summary
judgment may not be granted where the trial court relies upon the
testimonial affidavits of the moving party. Nantv-Glo Borouah v.
American Surotv co., 309 Pa. 236, 163 A.2d 532 (1932). Testimonial
affidavits, even if uncontradicted, will not afford sufficient
basis for the entry of summary jUdgment because the credibility of
the testimony is a m~tter for the jury. Curran V. Philade1Dhia
NewsDaDers, 497 Pa. 163, 439 A.2d 652 (1981), citing Goodrich-Amram
2nd S1035(b):4 (1991) at 307.
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Former RUle 1035 (b) clearly limited the matter to be
decided on motion for summary judgment to "the record pleadings,
depositions, answers to interrogatories, and admissions on file,
together with the affidavits, if any.. Settlement negotiations are
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not admissible.
42 Pa.C.s. S6141(b).
Thus, the trial court
improperly considered exhibits outside the record when it
determined that the Association had a duty to accept Bomersbach's
conditional tender of payment on March 3, 1989, which specifically
excluded late charges and legal fees, or the Association would
forfeit legal fees incurred after that date.
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section JJ15(C) of the Act, 68 Pa.e.s. SJJ15(Cl. proviuus
that "[a) judgment or decrce in any action or suit brought under
thiR Gection GhaIl include costs and reasonable attorney's Cees for
the prevailing party." Thus, the Association must be permitted to
recover re~sonllb1e legal fees. Ergo, we reVerse the trial court's
determination that legal fees in~urred after March 3, 1989, are
unrecoverable by the Association. We remand for the parties to
litigate the reasonableness of the legal fees incurred by the
Association in this action. Sooner or later there will be a
conclusion to this deplorable affair, hopefully sooner. rather than
later.
Accordingly we reverse and remand to the trial court for
further proceed~ngs consistent with th!:l opinion.
Senior Judge Mirarchi dissents.
12.
IN THE COMMONI~EALTII COURT OF PENNSYLVANIA
MOUNTAIN VIEW CONDOMINIUM OlmERS'
ASSOCIATION,
Appellant
V.
MARIA P. BOMERSBACH
v.
MOUNTAIN VIEW CONOOMINIUM OWNERS'
ASSOCIATION
NO. 425 C.D. 1996
ORDER
,
AND NOW, this 15th day of
, 1997, the orde~
July
of the Court of Common Pleas of Chester Cour.ty at DOcket No. 89-
00637, dated August 28, 1995, is hereby reversed balled on our
conclusion that the Mountain View Condominium OWners' Association
is entitled to rea~onable atto~ney's fees incurred after March 3,
1989. The ord~r of the Common Pleas Court of Che~ter Ccunty is
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affirmed in a 11 other I'espects.
This matter is remanded Co the trial court for further
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proceedings consistent with this opinion.
JuriSdiction relinquished.
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CERTIFICATE OF SERVICE
I, David R. Breschi, Esquire, oflhe law finn of Shumaker Williams, P.C., hereby certify Ihat
I served a lrue and correct copy of the foregoing PlaintifPs Briefin Support of Motion for Summary
Judgment on this date by placing a copy of the same in the United Slales Mail, Postage Prepaid,
addressed to;
Ann F. DePaulis, Esquire
SALZMANN & DePAULlS, P.C.
105 North Front Street, Suite 201
Harrisburg, PA 17101
Dated: ~
_), 2,)'L~
SHUMAKER WILLIAMS, P.C.
By 'YfZf (( ~
David R. Breschi, Esquire
P.O. Box 88
Harrisburg, P A 17 I 08
(717) 763-1121
AlIomeys for Plaintiff
... .
.Il
Plainti ff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
vs.
No. 98.6 I Civil Term
SUSAN J. PALMER,
Defendant
DEEE~DANT'S BRIE~IN...QfPOSITION TO MOTION
FOR SUMMARYJUDGMEMI
I. FACTUAL AND PROCEDURAL HISTORY
Defendant, Susan J. Palmer ("Palmer"), is an adult individual now residing at 1706 Penn
Street, Harrisburg. Previously, Palmer resided at 222 Brian Drive, Enola, East Pennsboro
Township, Cumberland County. Palmer now leases the property at 222 Brian Drive, a
condominium unit identified as No. L29-F3, Building 10, Block 5 in the Westwood Village
Condominium ("Westwood"). Palmer has owned the unit since 1995.
Westwood was created and established on January 29, 1975, pursuant to the Unit
Property Act of Pennsylvania. The Plaintiff, the Council of Westwood Village Condominium
("Council") is the body which manages Westwood, pursuant to the Unit Property Act, the
Declaration creating and establishing Westwood Village Condominium ("Declaration") and the
Code of Regulations of Westwood Village Condominium ("Code of Regulations"). The Code of
Regulations and the Declaration were properly recorded in the Recorder of Deeds office of
Cumberland County.
The Council has the authority and the duty to maintain, repair and replace the common
elements as defined in the Declaration and to make assessment and collection from the unit
owners for common expenses, these assessments being made the personal liability of the unit
owner enforceable by suit by the Council.
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On or about the Fall of 1996, Palmer became concerned aboullhe manner and conduct of
the Council's monthly meetings. Palmer began allending Ihe meetings (See Palmer Deposilion,
excluding exhibits, p. 21 lines 11-15; p. 21-22 auached hereto as Exhibit I) and complained
about the need for a special assessment issued by Council in Ihe Spring of 1997 (Exhibil I, p. 23
line 21). Palmer was concerned that the special assessment was for substandard repair work on
the units (Exhibit I, p. 24 lines 8-21).
A group of homeowners fonned a loose association to discuss their shared concerns
about the management of Westwood and were advised by legal counsel from Saidis, Guido,
Shuff and Masland, to escrow the assessment fees (general and special) during the pendency of
an equity action (filed at No. 97-3436 Equity Tenn, Court of Common Pleas, Cumberland
County) to force a special election of council members (Exhibit I, pp.29-32). Palmer was not
named as a party to the equity action but she believed she was a party represented by Saidis,
Guido, Shuff and Masland (Exhibit I, p. 36 lines 3-17; p. 37 lines 19-21), Palmer began
escrowing her monthly fees in June of1997 (Exhibit I, p.32 lines 1-24). Palmer believed and
was advised that escrowing was a legal way to protest Council's actions (Exhibit I, p. 38 lines 4-
9; p. 40 lines 5-10). Palmer, at all times, acted in good faith in reliance upon the representations
of certain counsel that her actions were legal and valid.
The court in the equity action issued an order dated February 9, 1998 enjoining the
Council of Westwood to schedule a special meeting of unit owners to make a motion for the
removal from the Council one certain council member and to secure a vote thereon. The special
election occurred in May of 1998. Thereupon, Palmer withdrew her escrowed sums and made
payment ofthe assessments due and owing.
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Palmer dispuled Weslwood's addilional charge to her aeeounl of inlercst and allomeys'
fees and this dispute lead to Ihe filing oflhe instant action. Palmer still disputes the
reasonableness oflhe alleged charge of fees and interest. It is admillcd that the Declaration and
the Code of Regulation and the Unit Property Act pennit the enforcement of the assessmenls by
suit and that the Code authorizes the collection of the levies and the costs and expenses incurred
in connection with a suit. However, the law does not contemplate a unilateral charge for fees
and costs wilhout being subject to review or without the obligation of good faith in the conduct
of the party requesting fees.
Westwood has demanded judgment for the following:
. $ 306.66 in interest on the unpaid assessment
. $ 957.92 for unpaid monthly special assessments
. $4,782.73 for attorneys' fees to Shumaker Williams, P.C.
. $ 867.72 attorneys' fees to prior counsel
A total of$5,650.45 in attorneys' fee is demanded. The assessments and interest are easily
subject to accounting review by examining the payments made and not made. But the attorneys
fees are not supported by any documentation, and the record demonstrates at least one
discrepancy in the Council's charge to Palmer's account.
II. ISSUE
SHOULD SUMMARY JUDGMENT BE GRANTED TO PLAINTIFF,
WESTWOOD, WHERE THERE IS A QUESTION OF FACT AS TO THE
REASONABLENESS OF THE DEMANDED ATTORNEYS' FEES?
(Suggested Answer in the Negative)
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III. ARGUMENT
Summary judgment is inappropriale where a material queslion of fact exists.
Pennsylvania Rule of Civil Procedure, 1035.2 provides Ihat a motion for summary judgment
should be granted ifthe pleadings, depositions, answers to interrogatories and admissions on file,
together with supporting affidavits, if any, clearly demonstrate that there are no genuine issues of
material fact and the moving party is entitled to judgment as a matter oflaw. Furthennore, the
court must examine the record in the light most favorable to the non-moving party, here, Susan J.
Palmer. The non-moving party must set forth specific facts which demonstrate that a genuine
issue exists. See Salerno v. PhiladelDhia NewsDaDers. 377 Pa.Super. 83, 546 A.2d 1168 (1988)
(collecting cases). Palmer has raised a genuine issue of fact - are the attorneys' fees reasonable?
The agent for Westwood, PMI, set forth contradictory accounting of the fees assessed in April
1998 in the letters of November 1998 and August 1999 (Exhibit 2). The letters indicate that the
charges are either legal or special assessment. While the total amounts are equal, this type of
accounting error raises the question as to the accuracy of the charges. What work was
specifically perfonned on her account? The reasonableness and accuracy of the fees charged
must be subject to challenge and review in this litigation - a question to be relegated to the sound
discretion of the fact finder. Robinson v. Robinson v. SeDta. 150 Par Cmwlth. 2JJ, 615 A.2d 880
(1992).
The Unit Property Act, 68 P.S. ~700, 101, et seq. (repealed) provides for the collection of
interest on the unpaid assessments. The Code of Declaration provides for the collection of
assessments and levies, costs and expenses, court costs and attorneys' fees. (See Exhibit 8 of
Westwood's Motion for Summary Judgment at 14). However, the Unit Property Act does not
speak of attorneys' fees specifically. Its successor, the Unit Condominium Act, 68 Pa.C.S.A.
4
,
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~31 01, ct scq. snccifically providcs for thc rccovery of reasonable allomcys' fccs. lJJ.. al ~3315.
This language is inslruclivc, as is the ACl's imposilion oflhc dUly ofmanagcment 10 pcrfonn its
duty in good failh. 68 Pa.C.S. ~3112. Likcwisc, the succcssor Act providcs that rcmcdics arc to
Iibcrallyadministered. 68 Pa.C.S. ~3112. Thcsc principlcs infonn thc fair resolulion of case at
hand. This Honorablc Court is askcd to allow the Defendant an opportunily to seck proof the
reasonableness and the accuracy oflhe sizable attorneys' fees charged to her account. (The fees
arc twice the assessment charges received by Westwood.) Palmer acted at all times in good faith
evenly in mistaken belieflhat she was a named party in the equity action previously filed. She
was advised that escrowing was proper. She was not advised that she could or would be
responsible for legal fees (Exhibit I, p. 44 lines 9-13). Her reliance on such advice may have
been an error but she should not be subject to a unilateral application for fees which may not
reflect work perfonned on her account.
Westwood cites Mountain View Condominium Association v. Bomersbach. 734 A.2d 468
(Pa. Cmw/th. Ct. 1999) for the proposition that the fees are recoverable as a matter of law. But
the Court in Mountain View, also recognized the right to detennine the reasonableness of the
fees. Thus, a genuine issue of material facts is in dispute.
For the reasons set forth above, the Motion for Summary Judgment should be denied.
Respectfully submitted,
Salzmann & DePauIis, P.C.
Da~.b 2. Lj I 1.01.rZ)
By:
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eIissa K. Di el ,
Attorney ID o.
455 Phoe . ve; Suite A
Chamb urg, PA 17201
263-2121
5
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I hereby certify that on this 25th day of February, 2000, I served a true and correct
copy ofthe foregoing Defendant's Briefin Opposition to Motion for Summary Judgment by
first class mail, postage pre-paid to the following:
David R. Breschi, Esquire
Shumaker Williams
P.O. Box 88
Harrisburg, PA 17108-0088
Salzmann & DePaulis, p.e.
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1 COUNCIL or HEnWOOD I III Tllr. COUI\T 0" coto-tott rLun
VILl.1\Olt COUDOHIIIIUH, I CUHIlr.ALAUO COUnTY, rr.rnUIYLVAIltA
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"",pEA-RANeES I
11 SHUMAKER MILL lAMS
BY' DAVID R. BRESCHI, ESQUIRE
17 reR - PLAINTIFr
Oepodtlon otl SU8"".3, rALHER
Taken bVI 'laintiff
Dafoell' Jill L. Roth
Court ".portar-Notarv
DlItll'
AUlJuat 24, .!JDlI, 3132 p.m.
PlaclI'
Shumaker NJlllame
342' simp.on r.rry Road
Camp Hill, Pann.ylvania
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SALZMANN ~ DEPAULIS
BY' ANN r. DaPAULIS, ESQUIRE
reR - DErEND.\NT
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21
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1
INDEX TO TESTIMONY
:z DEPONENT
EXAMINATION
PAGr;
3 Su.an J. '.lrner
By Hr. Dr..ch!
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12 INDEX TO EXHIBITS
13 NO. DESCRIPTION
PAG.
14 1 Latter to Hr. Stephana# 8/2'/9"1
3.
15 2 Letter regarding e.crow account
J.
115 3 Notice trom council regardinQ eecrow
42
l' .. Letter tram Sherri Akena, 9/3/9"1
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18 ~ Letter to Hr. Seoner trom council
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Leeter to unit owner_ tram Pat Vandrew
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2.
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1 STIPULATJOII
2 It Is hereby stipulated by and between the
3 respective parties that all objections, except as to
I the form of the question, are reserved until the time
5 of trial.
6
7 SUSAN J. PALMER, called as a witness, being
8 duly sworn, was examined and testified as follows:
9 8Y HR. BRESCH!:
10 Q. Could you state your full name and address
11 for the record, please?
12 A. Susan J. Palmer. Susan Jacqueline Palmer,
13 222 Brian Drive, Enola, Pennsylvania.
II Q. Hs. Palmer, my name is David Breschi. I'm
15 the attorney for the Council of Westwood Village. And
16 this Is a deposition. Before we get started, I'm going
17 to give you a couple of the ground rules and a couple
18 of things that will more likely occur today during the
19 deposition.
20 First of all, you are under oath, and so your
21 questions will be answered truthfully. Are you aware
22 of that?
23 A. Yes.
21 Q. I would ask that when you respond to the
25 questions, that you respond orally through a yes or no
2
3
1 as opposed to a nod of the head. Do you understand
2 that?
3 A. Yes.
4 Q. And I would ask that when I ask you a
5 question that you allow me to complete the question
6 before you respond. Do you understand that?
7 A. Yes.
B Q. If at any time I ask you a question and you
9 are at all confused or don't understand the question,
10 please Indicate so and I'll attempt to rephrase it. Do
II you understand that?
12 A. Yes.
13 Q. If you do respond to the question, I will
14 assume that you do understand the question. Do you
15 understand that?
i6 A. Yes.
17 Q. If you, at any time, need to take a break or
18 you want to consult with your attorney, please announce
19 that request to me and we'll let you take a break or
20 consult with the attorney. Do you understand that?
21 A. Yes.
22 Q. At this time are you under the Influence of
23 any drugs or alcohol that would impair your ability to
24 accurately and truthfully answer these questions?
25 A. No, I am not.
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I Q. Could you state your social security nurr,bcr
2 for us, please?
3 A. 030-46-9311.
4 Q. And you stated that you reside at Orian
5 Drive?
6 A. Yes, I do.
? Q. And how long have you been residing at Orian
8 Drive?
9 A. Three years as of July 13th, 1995.
10 Q. Where did you reside prior to Brian Drive?
II A. 59 Pine Ridge Circle, Enola.
12 Q. And how long did you reside at Pine Ridge
13 Circle?
14 A. Two years.
15 Q. And prior to Pine Ridge Circle, where did you
16 reside?
11 A. 12 Carlton Court, Camp Hill.
18 Q. And how long did you reside there?
19 A. Three years; t think.
20 Q. Was your residence at pine Ridge Circle a
21 condominium?
22 A. No, it was not.
23 Q. How about you residence at Carlton Court?
24 A. Single-family.
25 Q. Single-family home?
1 A. Yes.
2 Q. With whom do you reside at Brian Drive with?
3 A. My daughter, Sara Palmer, and my son, Corey
4 Palmer. My daughter, Sara Palmer, is in college. She
5 will be attending NYU as of ~ugust 30th. So she won't
6 technically reside there anymore. Out that's her legal
1 address.
8 Q. And your son, Corey, you said.
9 A. Corey Palmer. He'll be a senior at East Penn
10 High School this year. He's a minor.
11 Q. Are you married?
12 A. No, I am divorced.
13 Q. What year did you get divorced?
14 A. January 24th, 1995.
15 Q. Was your residence at Orian Drive your first
16 residence that you lived at following your divorce?
11 A. I was divorced while still living at Pine
18 Ridge and then purchased the condo that summer.
19 Q. How long were you separated before your
20 divorce?
21 A. Three months.
22 Q. What's your birth date?
23 A. 10/18/58.
24 Q. Where did you go to high school?
25 A. Classical High, Springfield, Massachusetts.
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5
I Q. What year did you graduate?
2 A. 1916.
3 Q. old you attend college?
4 A. I took courses, but not enrolled as a
5 full-time student.
6 Q. SO you don't have any degree past high
1 school?
o A. No.
9 Q. Can you give us a brief summary of your work
10 history from 1916 to the present?
II A. Ho. Mostly part-time work until I came to
12 Pennsylvania In 1990. And then I worked briefly at
13 Harriet, Two -- Harriet comma Two -- as a bookkeeper
14 and secretary. And then on January 28, '91 I became
15 employed at Pennsylvania Blue Shield. And I am
16 currently there now.
11 Q. What's your job with Blue Shield?
18 A. I am now an associate HRIS programer.
19 Q. HRIS programer?
20 A. Yes.
21 Q. And what does HRtS stand for?
22 A. Human Resources Information Systems.
23 Q. And what Is your role in that job?
24 A. Writing reports, utilizing the human
25 resources software to get Information out of It on
6
1 request, etcetera. Things like that.
2 Q. At any time during your career, working
3 career, did you work for an attorney?
4 A. Yes.
5 Q. Can you tell us when you did that?
6 A. Briefly in, like, Karch to July of 1990 I
1 worked for -- I can't remember their name.
8 Q. Was it a local Harrisburg flm?
9 A. No, it was in Springfield, Mass.
10 HS. DePAULIS: Do you remember the name of
II the firm?
12 THE DEPONENT: No. That's what I can't
13 remember.
14 BY MR. BRESCHI:
15 Q. What did you do for the law firm?
16 A. Secretarial, part-time.
11 Q. At any time during your working career, did
18 you work for a property management company?
19 A. No.
20 Q. Go ahead. You were going to say something.
21 A. I've worked for real estate agencies, but not
22 property management.
23 Q. When did work for real estate agencies?
24 A. The two years prior to my working for the
25 attorney's firm.
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1 Q. SO 1988 to 1990, you worked for a real estate
2 agent?
3 A. Yes.
I Q. What dld you do for theM?
S A. Originally secretarial, and then In 1990, J
6 received my real estate agent license and was an agent
? briefly for one firm.
8 Q. As a real estate agent, did you sell
9 condomlnluM units?
10 A. No.
Il Q. Before you purchased the condominium on Brian
12 Orive, were you familiar with how condoMinium
13 self-governments or condominium organizations were set
14 up and run?
IS MS. DePAULIS: 00 you In mean In general?
16 BY MR. BRESCNI:
17 Q. Just in general, not specifically Westwood,
18 but just in general how condominiums work.
19 A. I can't think. I was aware that they were
20 governed by some type of councilor board or group.
21 But I just knew there would be a governing body.
22 That's all I really was aware of.
23 Q. SO you didn't have any experience with
21 condominiums or condominium associations when you were
25 a real estate agent?
I A. No, I did not.
2 Q. Old you ever serve In the military?
3 A. No, I did not.
I Q. Let's talk about your involvement here at
5 Westwood Village Condominiums. Can you tell us how you
6 first became aware of Westwood Village Condominium?
7 A. Before purchasing?
8 Q. Before purChasing.
9 A. Real estate ad. I was looking in the homes
10 magazine, I was looking for a home with much less
II maintenance than I had, that was lower in price than I
12 was currently carrying as a mortgage. It fit the bill.
. 13 Q. And you needed less maintenance because you
14 were a single mom at that point?
15 A. Yes.
16 Q. When you read the ad in the magazine, what
17 did you do?
IB A. Called the agent handling it and scheduled an
19 appointment to see it.
20 Q. Who was the agent?
21 A. It was with Gaughen.
22 Q. Jack Gaughen?
23 A. Yeah. Lynn Peiffer was her name.
24 Q. Did you meet with Ms. Peiffer?
25 A. Yes.
9
I Q. And you went through the residence?
2 A. Yes.
3 Q. And can you tell us what happened after you
l went through the residence?
S A. I cringed. It had never been remodeled nor
6 renovated In the 20-somethlng years since It had been
7 built. It was a rental property. And I was like,
8 whoa, a lot of work here. But, It had the right amount
9 of space. And I liked the area. I wanted to stay in
10 East Penn. And I said, I'll take it. I made an offer.
Il They made a counteroffer. tt was accepted.
12 Q. Now, before you made an offer to purchase the
13 property, did you discuss with Ms. Pelffer any details
II regarding condominium living and living In a
IS condominium association?
16 A. No, I did not.
17 Q. Can you tell us what your understanding
18 would-- as to what your responsibilities would be, if
19 any, in living in a condominium association?
20 A. I would pay a set amount of money, and they
21 would take care of the exterior or whatever their
22 responsibilities were; mowing, painting, snow removal,
23 etcetera.
24 Q. What else was your understanding about living
25 in a condominium association?
10
I A. I got to use the pool.
2 Q. Anything else?
3 A. That.was pretty much it.
4 Q. How about limits on what you could do with
5 your property, were you aware of those?
6 A. I was aware of those without her having to
7 tell me. I knew that being that they were joined as
8 one type of block, t couldn't decide to put up a deck,
9 make an addition, tear down walls, etcetera, without
10 permission of going to council and requesting
II permission. I understood that.
12 Q. When you moved in, did you receive a copy of
13 the declaration of the condominium?
14 A. No, I did not.
IS Q. How about a copy of the code of regulations?
16 A. No, I did not.
17 Q. Did you know they existed?
18 A. At the time, no. I was not aware that -- put
19 It this way, I knew there were rules and regulations.
20 I hadn't seen them.
21 Q. Did you, at any time, ever request to see
22 copies of those documents or copies of rules and
23 regulations?
24 A. No.
25 Q. Why not?
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A. There was no need at the time.
2 Q. When you went to settlement for the property,
3 were you curious as to what the rules and regulations
4 you were going to be under as a condominium owner?
5 A. How to put this, just in a very basic sense
6 as far as I knew, I couldn't have loud parties. I knew
7 I couldn't paint my house pink. I knew I couldn't do
8 things like that. I wasn't interested in delving into
9 the nuts and bolts of every rule and regulation in
10 there. I was a law-abiding citizen. I had been a
11 homeowner for 20osomethlng years.
12 I understood how you treat your neighbors and
13 your property. And I wasn't interested. I really, at
14 the time, did not know that I should have delved Into
IS them a little further, being what the future was going
16 to hold.
17 Q. SO at the time of closing, you did not or
18 were not provided a copy of declaration?
19 A. Not that I know of, no. And I have looked _0
20 I have all my closing paperwork from all of my 900
21 houses -0 and I exaggerate -- and I cannot find a copy
22 of them in there. They were not provided to me at
23 settlement.
24 Q. And didn't ask for them?
25 A. Ho, I did not.
1 Q. And you moved in to your condominium in July?
2 A. I moved in August Ist~ I closed on it July
3 13th, did some renovation on it and moved in August
41st.
5 Q. Now, the renovations that you did, were they
6 to the interior of the condominium?
7 A. That is correct.
8 Q. Did you get any permission from the
9 condominium association to do those renovations?
10 A. No.
II Q. Did you ask anybody whether or not it would
12 be a problem that you did the interior renovations to
13 the condominium?
14 A. No, I did not.
15 Q. Did anyone say anything to you about doing
16 the interior renovations?
17 A. No, they did not.
18 Q. Were they major renovations -- major, I mean
19 structural renovations or simply painting and
20 wallpapering?
21 A. They were cosmetic, but they were flooring,
...... 22 bathroom fixtures and toilet and vanities, those type
23 of things. No structural changes were made. Walls
24 were not moved, etcetera. So it wasn't just painting,
25 but it wasn't structural.
13
15
1 Q. SO you moved in August 1st, 1995. Is that
2 correct?
3 A. That is correct.
4 Q. When did you begin making payments to the
5 condominium association?
6 A. The following month that I was required to.
7 Q. Did you receive a payment booklet from the
8 condominium association or PHI?
9 A. Yes, t did.
10 Q. And did you receive that at closing or
II Immediately following your moving In August?
12 A. The owner did not hand over his payment book.
13 I called PHI and requested one, and they did mail one.
14 Q. Did you know what the monthly payment,
15 condominium payments, were before you moved in?
16 A. Yes, I did.
17 Q. Were you aware that council, governing
18 council, for the condominium association could increase
19 those payments --
20 A. Yes.
21 Q. 0- before you moved in?
22 A. Yes. I was aware that they controlled the
23 amount being assessed to the condominium owners.
24 Q. Do you know anyone who lived In Westwood
25 Village prior to moving in?
14
16
1 A. No, I did not.
2 Q. Did you know anyone that served on council
3 before you moved in?
4 A. No, I did not.
5 Q. SO you moved in. You began making your
6 condominium assessment payments. Can you tell us when
? you first had a complaint about how the condominium
8 association was being run?
9 A. Probably in late '96.
10 Q. Late 1996?
II A. Yes.
12 Q. So from August of 1995 until...
13 A. Fall.
14 Q. Fall of '96. Were you pleased with how
15 things were going for you living in the condominium and
16 being part of the condominium association?
17 A. Yes.
18 Q. You didn't have any complaints?
19 A. No.
20 Q. Now what occurred in the fall of 1996 to
21 cause you concern?
22 A. There seemed to be rumblings back and forth
23 about dissention between the board and the council.
24 There were talk of incidents of the council's behavior.
25 at meetings -- which I had not attended 0- in the way
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17
Q. /low did you meet Ann Nlsson?
2 A. At the council meetlngs .. council meeting.
3 I didn't know who she was at the time. Later on, I was
4 able to go, oh, somebody had said, that's Ann. She's
5 president of the board.
6 Q. /low about Carol Novosat?
7 A. She's my neighbor.
8 Q. /Iext door to you?
9 A. Exactly next door to me. Directly next door
10 to me. Pat Is a couple down from me.
Il Q. 50 you would have had conversations about it
12 with Carol during this time?
13 A. Yes, every so often; not frequently.
14 Q. And these conversations and complaints that
15 you received from Carol and Ann and Pat Vandrew
16 Involved their concerns about how council was
17 conducting meetings and treating homeowners?
18 A. Yes.
19 Q. Now, at this point, you had not attended any
20 council meetings?
21 A. At that point, no.
22 Q. And at that point, you had not had any
23 negative experiences with council?
24 A. No. At that point, no.
25 Q. So can you tell us what occurred then in the
I of being rude or Ignoring or out-snd-out nasty to the
2 homeowners. And I started wondering what was going on
3 with that. But I was stlll not Involved with that.
4 Q. Who was telling you this information?
5 A. I don't remember.
6 Q. Do you know Patricia Vandrew?
7 A. Yes, I know her.
8 Q. Where does she live?
9 A. Around the corner from me.
10 Q. Are you friends with her?
11 A. I'm an acquaintance of her. We do not have
12 coffee together.
13 Q. Old you ever speak to patricia Vandrew about
14 some of the concerns that you testified to?
15 A. Not at that time.
16 Q. Do you recall anyone, in particular, who you
17 were talking to regarding those concerns you just
IB expressed?
19 A. No. Simply because at that time I didn't
20 know anyone there. It would have been at one of the
21 meetings or out, like, in the parking lot walking by.
22 And I keep very much to myself. And I really -- I'm
23 not an outgoing person. I didn't go door to door and
24 say, high, I'm Sue. Nice to meet you, that thing of
25 kind. 50 I was friendly to them, but I didn't know
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20
I them. I didn't know their names or whatever.
2 Q. Do you know their names now?
3 A. Yes, I do.
4 Q. Can you tell us who those Individual people
5 were that were telling you?
6 A. I can't remember who said It or who was
7 saying these things. There were many different sources
8 of the unrest going on. I can't attribute a particular
9 statement to anyone person, because I can't remember
10 what I had for breakfast last week.
11 Q. I'm not asking you to give me particular
12 statements or specific statements, I'm just saying
13 generally, general conversations regarding other
14 peoples' concerns about what was going on, the names of
15 people that you would have dlscusslons.with.
16 A. I'd like to speak with my counsel for a
17 moment.
18
19
I fall of 1996, after you heard these concerns from Carol
2 Novosat, Pat Vandrew, what you did?
3 A. I started making it my business to attend
4 council meetings to see what, in fact, was going on,
5 and to hear what they had to say, and see how meetings
6 were conducted, etcetera.
7 Q. lihy did you do that?
B A. Because I was concerned.
9 Q. Why?
10 A. There was trouble in paradise. I wanted to
11 check it out. My interests were involved In that. I
12 wanted to see what was going on. They supposedly were
13 to represent me as a homeowner. I wanted to see what
14 my representation was doing.
15 Q. You began to get concerns about council,
16 hearing these concerns from other homeowners?
17 A. Yes.
18 Q. Were there any allegations from these
19 homeowners regarding mismanagement of money or funds?
20 A. Not at that time.
21 Q. Was it basically concerns about how they were
22 treating homeowners?
23 A. Yes. And how they were bringing up issues at
24 meetings and being basically told to shut up, sit down
25 and mind your own business. And they were addressing
(Discussion held off the record.)
THE DEPONENT: Can you repeat the question?
(Whereupon, the reporter read from the
20 record as requested.)
THE DEPONEIIl: Some of the people I had
I 21 discussions with n. but I still can't attribute
22 specific statements to. But It would have been Pat
23 Vandrew, Carol Novosat, Ann Nlsson. There were others,
24 but to this day, I stili don't know their names.
25
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1 councils' funds, etcetera.
2 Q. Old you receive any concerns about how the
3 board was handling its affairs?
4 A. No.
5 Q. Did you know that these w~en were members of
6 the board at the time?
1 A. Not at that time, no. In fact, as a
8 homeowner at that time, I didn't even know what each
9 function was performed by each. And that is shared by
10 ~any homeowners in there.
11 Q. When was the first council meeting you
12 attended?
13 A. I can't give a date.
14 Q. Was it in fall 1996?
15 A. I can't answer without referring back to the
16 file folder I have at home with all the correspondence
11 in it of the council things that were handed out. I'm
18 not sure if t started attending them in the fall of '96
19 or into the winter of '91.
20 Q. Can you tell us what happened when you began
21 attending these meetings?
22 A. I was very unsettled with how they were being
23 conducted and with the behavior of some of the council
24 members toward the homeowners. And I just got a
25 feeling of general confusion amongst the homeowners and
1 general contempt among the council members for the
2 homeowners.
3 Q. Who was on council?
4 A. At the time?
5 Q. Yes, ma'am.
6 A. Hr. William Hicks as president, Hs. Sherri
1 Akens as vice-president, Hr. William Bopp as treasurer.
8 And I'm not sure -- there were two other members. I'm
9 not. sure who the other two were.
10 Q. oid you attempt to say anything at these
11 council meetings?
12 A. Ho.
13 Q. How, I think the council meeting is in the
11 spring of every year, the annual meeting. Is that
15 correct? .
16 A. The annual meetings.
11 Q. Were there other meetings for some reason?
18 A. There were monthly meetings.
19 Q. That you were attending?
20 A. Yes.
) 21 Q. And then did you begin attending them on a
22 regular basis?
23 A. Yes. And then they began to stop having
24 them.
25 Q. What happened next? You attend some council
21
23
1 meetings and you witnessed firsthand the way council is
2 handling or treating those meetings. Can you tell us
3 what happened next?
4 A. In the spring of '91, I believe, they put
5 forth a special assessment for the.purpose of painting
6 and wood replacement, the siding replacement, and
1 roofing of all the condominium units, to be done in
8 phases. What shocked me was that assessment was made
9 with no Input from the homeowners. They refused to
10 give any background as to how they came to the figure
11 they assessed. And they pretty much shut down the
12 hoeeowners as far as being able to question them. It
13 was shut up, go home and pay it.
14 Q. This was in the spring?
15 A. Yes. It was quite an extraordinary amount.
16 Q. How much was the assessment?
11 A. Hy basic assessment is $18. They assessed me
18 an additional amount of 40 on top of it.
19 Q. Did you complain to council?
20 A. Not in written form.
21 Q. Verbally?
22 A. Actually, t take that back. Yes, I did
23 complain in written form when I sent that payment in --
24 or the first few payments after it was to bec~e in
25 effect. I said, this is ludicrous. They took the
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1 money. No response.
2 Q. SO you wrote a letter with your check?
3 A. I wrote it on the payment coupon.
4 Q. Then what happened?
5 A. Continued to pay it. Things continued to get
6 worse.
1 Q. How so?
8 A. They began doing substandard work. They
9 began to...
10 Q. When you say substandard work, do you mean
11 substandard work to the repairs or to the condominium
12 units themselves or substandard work as council
13 members, in general?
14 A. Council was responsible for monitoring the
15 work that was being done amongst the units. They
16 turned a blind eye to the work being done, being that
17 it was done by the council president. Rotten siding
18 was left and painted or It was removed and turned
19 around and painted or it was just plain old painted
20 over and they were told, live with it. That's what you
21 get. It was outrageous.
22 Q. Has this done to your --
23 A. Yes.
24 Q. -- to your condominium unit?
25 A. Hhen they got -- they worked down -- they
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I were working down the bad of the units In my -- [ had
2 a lIreplace extension stlcklng' out, plus I have a
3 two-story. There was a hole In the siding In one of
1 mlne-- and wood surroundl~g my fireplace was totally
5 rotten. They began to just -- they taped and were
6 beginning to paint.
1 And Friday -- Thursday or Friday came along
8 at the time they were going to paint, and I called I'ltI
9 and said, don't even think about it. They had every
10 intention of just continuing on. If I had not said
11 something, they would have painted over that rotten
12 wood. They wouldn't have bothered to replace any wood
13 that had holes in it, or recaulk or anything else
11 unless I. had cooplalned on that.
15 That's just one instance. There are many
16 others where they didn't complain, and it was horrible.
11 Q. And this was during the spring of '91?
18 A. As the work progressed, yes. It had to be
19 the spring of '91; spring, summer, fall, in through
20 that year.
21 Q. Did council respond to your complaints and
22 replace the wood?
23 A. PHI replaced the wood.
21 Q. Council is in charge of the work that goes
25 into the units, correct?
1 A. Yes. We are to contact PHI for any direct
2 requests for maintenance, for replacement, for
3 anything. We didn't get In touch with any council
4 members. They were unlisted.
5 Q. Any other complaints about work on your
6 property between spring and fall of 19911
1 A. I requested that they replace or repair my
8 front patio, which Is a cement patio. It is damaged
9 from either salt or whatever. But it should be
10 resurfaced. Yeah, yeah, yeah, we'll get to it, was the
11 response.
12 I also have water -- poor water drainage
13 there also. I get two and three inches of water every
14 time It rains, right by my door. We'll get to it.
15 Q. Have they gotten to it?
16 A. No.
11 Q. SO you began having some of these problems in
18 the spring and fall of 1991. What happened after that?
19 A. They began stepping up their assault on the
20 board. Council began this smoke screen action about
21 merging the board and council, and it would be a much
22 better place if we did this.
23 And it got awful political, very confusing,
24 and didn't seem to serve any purpose except to disguise
25 what Hr. Hicks was accomplishing with our money. Which
25
21
1 in my opinion, was to suck In as much as possible for
2 himself.
3 Q. SO what did you do?
4 A. I complained. I went to the pollee
5 department In East Pennsboro. It's a civil action,
6 they told me. I called the district attorney's office.
1 It's a civil action, they told me. I'm not a
8 dlllonaire. And ['m not about to bring suit against
9 him for embezzlement, fraud and violation of the
10 criminal code, where he has broken his fiduciary
11 agreement to represent us as a council member. I don't
12 have the money to pursue that. So, the next best thing
13 was nothing.
14 O. SO when did you call the police?
15 A. Probably In late winter, early spring of '98.
16 Q. SO it was in the beginning of 1998?
17 A. Somewhere around there. I would think
18 somewhere toward like February or Harch.
19 O. And you phoned the East pennsboro pollee?
20 A. Yes, I did.
21 O. And what did you tell them?
22 A. I told him that I had reason to suspect that
23 this man and all the council me~rs were embezzling
24 our money.
25 Q. What did they tell you?
26
28
1 A. It's a civil matter. It's not our problem.
2 O. What evidence did you have that they were
3 embezzling money?
4 A. There's a lot of money going out and not much
5 to show for it. $250,OOO-worth of special assessment
6 did not show up In our condominium association in our
7 units. I'd like to know where it's going.
8 O. Doesn't council give you a budget,
9 end-of-the-year budget at the annual meeting to show
10 you where the money's going?
11 A. Not for '98, they didn't. They showed us
12 proposed. They showed us '91s budget, and that was
13 that. And if you Inquired, you were stonewalled.
14 Q. You phoned the attorney general's office, did
15 you say?
16 A. Yes, I did.
17 Q. Did you tell them the same information?
lB A. I said the district attorney's office.
19 Q. What did they say?
20 A. It's a civil matter.
21 Q. Then what happened after you did that?
22 A. Complained and moaned to myself mostly, but
23 felt. powerless that nobody gave a flying fig what was
24 going on in that condo development. And that we were
25 at the mercy of this council who had all the power to
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I do whatever they want, end we had nothing, And yet
2 they were to represent us. It wes pretty frustrating,
3 O. Were you aware of the ablllty of the
4 homeowners to vote out the existing council Members?
5 A. We became.. I became aware of that In the
6 spring when they retained Saldls, Guido, Shuff end
1 Nasland to represent them. And that was their
8 recommendation, do an election, which Is a bunch of
9 crap. Because as soon as you vote one out, they
10 replace him right back on. It was an exercise in
II futility, and a joke in the process.
12 O. SO what you're saying is, Is it fraud, did
13 the council engage in fraud when they count the votes
14 or something?
IS A. There was a question, from what I
16 understand.. and I didn't get deeply involved in that
11 issue. I was more concerned about the siphoning of
18 money, which the attorneys frOB -- didn't seem to want
19 to follow that one up.
20 But from what I gather, many of the ballots
21 had come back opened, which is a violation of the way
22 the election should have been conducted. So they could
23 have tampered with whatever they wanted to. And that's
24 my understanding. So they felt that there had been
25 fraud committed.
1 O. Who's they?
2 A. The homeowners, a group of the homeowners
3 that were at that election meeting.
4 Q. At some point did some of the disgruntled
5 homeowners fom a group?
6 A. Yes, we did.
1 Q. Do you remember when you did that?
8 A. Spring of '98, I believe. He started meeting
9 as a group of concerned homeowners.
10 Q. On a weekly basis?
II A. It wasn't a set schedule. As certain issues
12 would come up we'd say, we need a meeting. And they
13 would advertise it there would be a meeting, and we'd
14 have one.
IS O. How many people would attend those meetings,
16 on average?
11 A. At some times there was over 30 people --
18 more than that. The room was full. And then at other
19 times, depending on the timing of the meeting, there
20 might be only 20.
21 O. Did it appear to you that the homeowners that
22 you were meeting with represented a rninorityof
23 homeowners In the community?
24 A. They didn't represent -0 they represented
25 anyone who was dissatisfied with what was going on.
29
31
I Anyone wes free to attend theso meetings, But a good
2 many of the homeowners just folt thet If they put their
3 head In the sand and be good little dubbles, It will
4 all go away, So there was a good proportion of
5 homeowners that were .- what do you call that when you
6 just aren't Involved, either side. You don't want to
1 be Involved.
8 O. Just ignored it?
9 A. Yes. Or else they feared the consequences
10 that had been intimated to them, that If they
11 participated or If they joined up, liens would be put
12 on their homes. They might not get any service or any
13 maintenance done to their hOllIes. There were threats.
14 There were -- they did a good job of making sure not a
IS hole bunch of people wanted to join up.
16 O. But you still had about 30 or so homeowners?
11 . A. Yeah, or more at first.
18 O. At some point, was there a discussion about
19 escrowing your condo fees?
20 A. Not at the beginning.
21 O. When did that come up?
22 A. Early summer.
23 O. Who suggested that?
24 A. The attorney.
25 O. Which attorney?
30
32
1 A. The ones in Saidis, Guido. Pick a number,
2 there were five different ones at a point. They handed
3 that off like candy to each attorney.
4 O. What did they tell you?
5 A. They had finally suggested to escrow the
6 funds until -- I don't know how they ended up picking
1 on that particular issue of the election, etcetera, as
8 a means of escrowing funds. I was all in favor of
.9 escrowing my money just to dry up the cash cow a little
10 bit, and possibly make them stop and have to account
11 for where their money was being spent or not spent.
12 That's why I escrowed my money.
13 0.' Old you escrow your money before the rest of
14 the homeowners did?
IS A. Ho, I did not.
16 Q. Are you sure of that?
11 A. Yes.
18 Q. Do you remember the first date you escrowed?
19 A. I have the original checks.
20 Q. Hell, why don't you tell us that.
21 A. Ny first escrow check was in June of '91.
22 Q. Where did you send that escrow check?
23 A. Saidls, Guido, Shuff and Nasland.
24 Q. And what was your reason for escrowing that
25 check that day?
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1 A. 8ecause I thought .- I assumed finally
2 something was going to be done about the management,
3 mismanagement -- that they would be called to account
4 for their behavior and actions up to this point, and
5 that maybe we would get some relief from this. My
6 assumption was to get rid of them all.
1 Q. And how did you think tha t was going to occur
8 by your escrowlng1
9 A. I figured if enough people escrowed, they
10 could not continue to Ignore us, that they would have
II to either sit down with us and meet some conditions
12 here or -- I don't know -- or else.
13 'Q. Was your escrowing done as 'part of a group
14 effort to get their attention?
15 A. I guess by escrowing all in a group -- we all
16 escrowed to the same attorney, as a group. We were
I? hoping it would cause some action or accomplish
18 something.
19 Q. You mentioned just before In your testimony
20 that you were hoping to get council's attention and
21 stop Ignoring us. Would you say that that's an
22 accurate reason why you escrowed the money?
23 A. Yes.
24 Q. Began escrowing money?
25 A. Yes, absolutely. Because up to that'point,
" .
1 they could have cared less. lihy should they stop
2 behavlng-- acting or not acting what they were doing.
3 They were getting their check every month. Why should
4 they change.
5 lie take away their funds for a little while,
6 oops, that's what they were there for. Take It away,
7 you're going to get their attention.
8 Q. Old you get their attention?
9 A. Bingo.
10 Q. Can you tell us what happened?
11 A. All kinds of correspondence started flying
12 back and forth. First they attacked us, or tried to,
13 through deception. They sent lots of correspondence to
14 all the homeowners that they can't do, for one thing.
15 You can't do this. lie don't recognize this as any type
16 of legal thing.
I? Second of all, they tried -- they threatened
18 people or intimated to people that If you escrow,
19 you're in deep trouble. So It scared a lot of people
20 and they did not participate. Third, they started
21 pursuing us legally for the funds. I was first.
22 Q. lihy did you think that you were first?
23 A. Because I wrote them a piece of
24 correspondence In September telling them that basically
25 they were a bunch of crooks, and my money is staying In
33
1 escrow, and they know where the hell It is. Alld when
2 the action comes to be, they'll get their money or not,
3 depending on what the judge says.
l In the mean time, I am not delinquent and I
5 never was. The end.
6 Q. lihat action are you talking about?
1 A. The equity action that Saldls and Guide
8 brought against the council.
9 Q. On behalf of whom?
10 A. The homeowners.
11 Q. Are you sure It was a homeowner action?
12 A. I know four of the homeowners had to sign up,
13 or however that works, to bring suite against them;
14 Carol Novesat, Pat Vandrew and Barb Horgan and a forth.
15 I'm not quite sure which one It was, whether it was Ann
16 Nisson or Claude Skelton. I'm not sure. There were
11 four of them.
18 Q. You weren't a party of that lawsuit, were
19 you?
20 A. No, I was not.
21 Q. Did anyone lead you to believe that you were
22 a party to that lawsuit?
23 A. The group of homeowners -- let me clarify.
24 Which lawsuit are you talking about? There were many.
25 Q. The one that you're talking about that
34
1 relates to your escrowing.
2 A. Yes.
3 Q. Hy question is: Did anyone tell you that you
4 were part or a party in that lawsuit?
5 A. During a discussion with all the homeowners,
6 It was Imparted to us that we were all a party to that,
? even though all our names were not on it, that Saidis
8 and Guido would not bring any action without having any
9 person or persons to be the person to charge them.
10 Q. In other words, they needed four
11 representatives from the homeowners?
12 A. Yes.
13 Q. Is that what they told you?
14 A. I don't remember a number being specified.
15 Four of them volunteered, that I know of. I don't know
16 how those four were chosen or not chosen or why there
I? weren't more. I don't know.
18 (Palmer Deposition Exhibit No. I was marked.)
19 BY HR. BRESCHI:
20 Q. Hrs. Palmer, I've just handed you a document
21 that we've identified as Palmer Number 1. Could you
22 review that document, and if you know, tell us what
23 that is.
24 A. This was the notice to Property Management
25 letting them know that our money was going to be
35
36
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I escrowed and for what purposo.
2 Q. Do you see the date there?
3 A. Yeah.
4 Q. Do you recall that after reviewing this date
5 that you began escrowing your money In 1997 as opposed
6 to 1990?
7 A. Yes. I'm sorry. I got my dates messed up.
o Q. SO your first escrowing would have occurred
9 some time in April of 199??
10 A. June.
11 Q. June of 19971
12 A. Yes.
13 Q. You did that before this letter went out,
14 this August 27, 1997 letter. Is that correct?
15 A. Yes.
16 Q. In June 1997, did the law firm of Saidis,
17 Guido, Shuff and Hasland represent you?
18 A. Hot me specifically.
19 Q. In August of 1997, did the law firm Saidis,
20 Guido, Shuff and Hasiand represent you?
21 A. They held my money. If that means they
22 represented me, I guess they did.
23 Q. Did you, at any time, sign a fee agreement?
24 A. Ho, I did not.
25 Q. Did you have any written agreement between
1 yourself and Saidis, Guido, Shuff and Hasland at any
2 time up until today?
3 A. Ho, I did not.
4 Q. Is it your testimony that Saidis, Guido,
5 Shuff and Hasland gave you legal advice though, and
6 told you that it was appropdate or legal to escrow
7 your money?
8 A. Hith me being a part of the homeowner group,
9 yes.
10 Q. Here you ever present when an attorney from
11 Saidis, Guido, Shuff and HasIand spoke to you or group
12 members in which you were present about escrowing
13 money?
14 A. He had had a meeting where the attorney was
15 present. I don't recall if the escrowing issue was
16 finalized there. I seem to recall hearing that by one
17 of the women, either Pat or Carol, saying they've
18 decided to escrow, are you interested in participating.
19 And I said absolutely.
20 Q. Out you were never present at a meeting where
21 an attorney from Saidis, Guido, Shuff and Hasland were
22 there, were you?
23 A. Yes, we had had a meeting with them there t~
24 try to give us options on how we could handle certain
25 issues of the council. Yes, I was there.
37
Q. Did they talk about escrowing the monoy?
2 A. As one of many options at the tlmo. There
3 was a lot of different Ideas being brought forth.
4 Q. Following the meeting that took place with
5 them, the attorneys from that firm, Saldls, Guido, did
6 the members of the homeowners group meet and vote as to
7 a coum of action to take?
8 A. Ho, not that I know of. Hot that I was
9 present at.
10 Q. You just became aware that the homeowners
11 decided to go forward with the escrowing. Is that
12 correct?
13 A. Yes.
14 Q. If you can look at this last full paragraph
15 of the first page. Do you see that paragraph?
16 A. Yeah.
I? Q. Does that accurately represent your reasons
10 for escrowing?
19 A. Yes.
20 IPalmec Deposition Exhibit Ho. 2 was marked.1
21 OY HR. BRESCHI:
22 Q. Hs. Palmer, I'm handing you a document that
23 we've labeled Palmer Humber 2. I ask that you review
24 that document, and if you can identify that document
25 for us, please.
3B
1 A, Okay.
2 Q. Have you seen this document before?
3 A. eh, yes.
4 Q. And can you tell us what this is?
5 A. This was a notice sent out by the concerned
6 homeowners, the group, explaining what we were doing,
? why we were doing it, and encouraging them to escrow
o along with us. And that they had been advised by
9 counsel that it was not illegal; that it was, in fact,
10 a legal way to protest certain actions.
11 Q. Old you receive this document?
12 A. Yes, I did.
13 Q. Did you make escrow pal'lllents or payments in
14 the escrow consistent with Palmer Humber 2?
15 A. Yes, I did.
16 Q. Hould you say that you received this document
I? shortly after the August 2?, 1997 letter came out,
18 which is paimer Number I?
19 A. I think this might have come before it. But
20 there's no date on it, so I can't be totally sure.
21 Q. You would agree that you began escrowing your
22 money several months before the August 27, 199? letter?
23 A. Yes. Date-wise, I know from the checks that
24 I had written, I began in June of '97.
25 Q. Has it your understanding that all the other
39
40
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I homeowners began escrowing at that date there too?
2 A. Around there, yes.
3 Q. Old you continue to make your $14 monthly
4 payment to the board of directors though?
5 . A. Yes, I did.
6 Q. But you were happy with the way they
7 conducted their business. And that's why you continued
8 to send them money. Is that correct?
9 A. I saw no reason to withhold money from them.
10 They were in charge of the recreational facilities
II only. And there were no problems, irregularities or
12 anything that I could see being done with them. I had
13 no reason to withhold my money from them.
14 Q. You see the names at the bottom of this
IS Palmer Number 2?
16 A. Yes, I do.
17 Q. Were they members of the board of directors
18 at the time, approximately August/September 1991?
19 A. Not all of them, no.
20 Q. Were all four of them members of a lawsuit
21 against council?
22 A. I know three of them were. I'm not sure if
23 Claude was. He might have been, but I'm not sure.
24 Q. 00 you see where it says, the procedures for
25 depositing your escrow fees.
I 00 you see where that says that?
2 A. Yes.
3 Q. Did you see the last bullet point states,
4 quote, your money's available to you and can be
5 withdrawn at any time --
6 A. Yes.
1 Q. -- close quote. Did you, at any time,
8 withdraw your money, escrow money, from Saidls, Guido?
9 A. No, I did not.
10 Q. Is it your testimony that you decided to
II escrow because you were told that it was legally
12 appropriate to do under the circumstances, and based on
13 your concerns?
14 A. Yes.
15 Q. And you were told this from an attorney?
16 A. Not from his mouth to my ear, no.
17 Q. But from his mouth through this letter of a
18 correspondence from other representatives of the
19 homeowners group?
20 A. Yes. And also verbally through the
21 homeowners who were meeting with the attorneys
22 frequently.
23 Q. Now, following the commencement of your
24 escrowing, did you receive any correspondence from the
25 council of Westwood Village concerning their opinion of
41
1 your escrowing?
2 A. Yes, I did.
3 Q. And can you tell us what correspondence you
4 received, If you can recall?
5 A. I received...
6 (Palmer Deposition Exhibit No.3 was marked.)
? BY HR. BRESCHI:
8 Q. Let's start with Palmer Number 3 and see if
9 that document rings a bell.
10 A. There were quite a few. That's why I'm
II trying to put them in order.
12 Q. Can you look at document Number 3 and review
13 it and identify it for us, if you can.
14 A. This was a letter sent by one of the many
15 presidents of the council when Hicks stepped down, or
16 stepped to the side, and appointed Akens as president
11 and get himself out of the lime light. I don't know if
IB this was sent to ail the homeowners or not or only to
19 those escrowing money.
20 This was not mailed. It was kind of just
21 distributed. So I don't know -- if it was mailed, I
22 don't know if the others got it. But this was them
23 saying that you can't do this.
24 Q. 00 you recall getting this document?
25 A. Yes, I have the original myself.
42
I Q. Did you read it?
2 A. Of course.
3 Q. What did you do in response to it?
4 A. Filed it.
5 Q. Did you think of consulting your own legal
6 counsel to determine what your rights are under these
1 circumstances?
8 A. No.
9 Q. Were you aware that you were risking
10 penalties, costs and attorney fees in the event that
II your counsel ended up being wrong in their advice to
12 you?
13 A. No.
14 (Palmer Deposition Exhibit No. 4 was marked.)
15 BY HR. BRESCHI:
16 Q. I'm going to hand you Palmer Number 4, and
11 ask for you to review it.
18 Have you read this before?
19 A. I don't recall seeing this before.
20 Q. And it was sent to Johnna Deily. 00 you see
21 that? Is that a yes?
22 A. Yes.
23 Q. And was she the woman that was representing
24 you or representing the homeowners at the time?
25 A. Probably at the time. She was a quickie.
4l
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I Q. And you don't recall her forwarding a copy of
2 this to you?
3 A. No, I do not.
4 Q. It says In the last sentence of this
5 document, quote, council has posted a notice at the
6 mall kiosk stating the procedures which will be taken
7 against any homeowners who decides to take this action.
8 Period. Close quote. Old you receive that?
9 A. Yes, I did.
10 Q. 00 you recall something posted, sent to mall
II kiosk, stating --
12 A. Yes, I do.
13 Q. And stating the fact that If the homeowners
14 do decide to escrow their money, they will be brought
15 for collections, a suit wili be brought against them to
16 collect the money?
I? A. Yes.
18 Q. And you were aware of that when you were
19 escrowing?
20 A. Yes.
21 Q. And still, did you decide or think about
22 seeking legal counsel?
23 A. No. Because I felt we were being served by
24 legal counsel at the time.
25 IPalmer Deposition Exhibit No.5 was marked.)
I BY HR. BRESCNI:
2 Q. I'm going to hand you a document which we've
3 labeled Palmer Number 5. And I recognize it's
4 addressed to a Hr. Stoner. But aside from that, the
5 body of that letter, could you read that and tell us if
6 you've ever seen that document before.
? A. I've never seen this before, no.
8 Q. You never received t~is document from
9 council?
10 A. Not with Hr. Stoner's name on it.
Il Q. Aside froo Hr. Stoner's name.
12 A. I received my own.
13 HS. DePAULIS: Are you asking did she receive
14 a form letter addressed to her?
IS HR. BRESCHI: Right.
16 THE DEPONENT: I don't have this one.
I? BY HR. BRESCHI:
18 Q. You never received that?
19 A. Not this particular one.
20 (Palmer Deposition Exhibit No.6 was marked.)
21 BY HR. BREseHI:
22 Q. I'm going to hand you a document we've
23 labeled Palmer Number 6. And I ask for you to review
24 that document,' and if you can, tell us whether or not
25 you've seen this document before.
I',
.~_.,.....~:"':~~"':'.
45
47
I A. Yes, I've seen this.
2 Q. And what Is It?
3 A. This was posted on our bulletin board, I
4 believe, or mailed -- I can't remember which. So many
5 papers flew by. But this tells them -- this was an
6 encouraging note to the homeowners to show that they
? could escrow and hopefully not get hurt too badly.
8 Q. Were you getting regular letters from
9 patricia Vandrew or other leaders of the group with
10 your statements of your assessment fees that you had
11 placed in escrow?
12 A. No. I did not receive a regular statement
13 until the beginning of '98 to show to date what was in
14 there at the time. I wasn't receiving monthly
IS statements. I could have, if I wanted to. I didn't
16 ask for them.
17 Q. But at the beginning of '98, you began to
18 receive monthly statements?
19 A. No, I did not.
20 Q. Did you receive periodic statements from
21 them?
22 A. No.
23 Q. When you wrote your Checks, were you writing
24 them out to Saidls, Guido?
25 A. Yes, I was.
46
4B
I Q. When you first began to escrow your funds,
2 can you tell us how long you intended to do this?
3 A. As long as it took.
4 Q. For what?
5 A. For some kind of remedial action to happen.
6 Q. What do you mean remedial action?
7 A. To either get rid of the councilor to have
8 them comply with what we were hoping for. Anything.
9 Q. You said get rid of the councilor comply
10 with some type of action that we were hoping for. What
II action were you hoping for?
12 A. To remove council eventually.
13 Q. SO it was your intention, when you first
14 began escrowing your money, tbat you were going to do
15 that until council was removed from office?
16 A. I began escrowing my money under the same
17 contingencies that was in the letter -- from this. I
18 was going to escrow until either tbe court order
19 resolving the lawsuit was resolved or until the council
20 agrees to call a special meeting. Blah, blah, blah,
21 etcetera.
22 Q. That says August 27, 1997. You started
23 escrowing in June '97, correct?
24 A. Yes, I believe so.
25 Q. What was your intention in June '97 of bow
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2 A. The same, because we were told that this
3 sctlon was going to happen. Thls correspondence was
I not sent out In a timely manner. But these were the
5 reasons why the escrow account was step up and begun.
6 Q. So the attorneys --
7 A. It was a verbal agreement, If you will.
8 Q. A verbal agreement between who?
9 A. At the time, because I didn't have this until
10 August 27th. But I knew they were escrowing for thls
II reason at the time.
12 Q. So you were told by the attorneys that you
13 could escrow for that particular legai reason?
11 A. Yes.
15 Q. And you were told by the attorneys that you
16 wouldn't owe any interest on the money that you
17 escrowed?
18 A. I wasn't told anything regarding interest.
19 Q. Were you told by the attorneys that you were
20 going to be responsible fol' late fees?
21 A. No. There was nothing told one way or the
22 other about late fees or interest.
23 Q. Did you think that might be. important?
21 A. I thought that being that I'm not delinquent,
25 that I'm not late.
I Q. Hhat's your definition of delinquent?
2 A. Withholding money. I was not withholding
3 money from them. I was not not paying it. It was
I paid.
5 Q. SO if you paid your condo fees or condo
6 assessment fees to your daughter, and she put it in her
7 bank account, you would consider yourself not
8 delinquent?
9 A. No, I would not. No, I disagree. That's
10 what I meant. Hy daughter, A, is not an attorney,
II could not set up an escrow fee nor take action against
12 council.
13 I believe that I would not be delinquent
II because this was escrowed for a certain reason with an
15 attorney, and that there.was certain legal protection
16 with that; that it wasn't just for fun.
17 Q. SO you weren't delinquent because an attorney
18 advised you -- I want to make sure that we get this
19 clear on the record. It's your belief you weren't
20 delinquent because an attorney advised you that you had
2i the legal right to escrow?
22 A. Yes. And so did a district justice.
23 Q. We'll get to that in a minute.
21 So the attorney said you have a legal right
25 to escrow. And you believed that because the attorney
. '
19
51
I advlsed you that you could do thls, that you'ro not
2 dellnquent?
3 A. That's my thlnklng.
I O. I just want your undorstandlng. nut the
5 attorney never told you that you weren't golng to be
6 responslble for interest or late reos. Is that
7 correct?
8 A. That's correct.
9 O. Have you paid lnterest on the money that you
10 escrowed?
11 A. No.
12 O. Have you been asked to pay Interest on that
13 money?
11 A. I have been billed for it, yes.
IS O. Why haven't you paid it?
16 A. Because I don't owe it.
17 O. Has an attorney told you you don't owe it?
IB A. Ho. I told me I don't owe it because I was
19 never delinquent. You can't pay late fees on money you
20 were not delinquent on.
21 O. Did the attorney tell you that you may be
22 responsible for attorney fees in the event that they
23 try to collect this money from you?
24 A. No, I was not advised of that.
25 O. Either way?
50
52
1 A. Either way what?
2 Q. You weren't advised either way whether or not
3 you would be responsible for attorney fees or you would
4 not be responsible for attorney fees?
5 A. That is correct.
6 Q. Let me make sure we have this clear for the
7 record. At no time during this process would you have
8 considered Saidis; Guido your attorney?
9 HS. DePAULIS: Objection. That's what she's
10 testified to. We previously covered this.
11 HR. BRESCHI: I just want to clarify it for
12 the record.
13 BY HR. BRESCHI:
11 O. If you want me to rephrase, I'll do so.
15 A. I've already answered this. They were the
16 attorneys holding my money. They were representing a
17 group of homeowners that I belonged to. In that
18 respect, they represented me.
19 O. Now, at some point, did PHI file suit against
20 you on behalf of the council of Westwood Village?
21 A. I believe they were together, PHI and
22 council. That's who I went up against in front of the
23 district justice.
24 Q, And do you remember when you went to the
25 district justice hearing?
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I . A. Occe~ber 6th, 1911.
2 O. You ~ean 19911
3 A. That too.
4 O. Can you tell us what happened at the hearingl
5 A. Yes. It was Hr. Hicks and Attorney Patterson
6 and Hr. Haxwell Irom PHI, and Hr. Bopp Irom tho council
7 against 10. And they presented their case. And I
8 presented mine. And the judge lound {or me that I was
9 not delinquent In withholding my funds.
10 O. What did you say to the judge, In terms 01
II your testimony that day, what did you testify tol
12 A. Just what I just said, that I was not
13 delinquent. I presented to him all the cancelled
14 checks that I paid to Saldis and Guido and where my
15 funds were at the time.
16 Q. Old you essentially give him the reasons that
11 you stated to us here today on the recordl
18 A. I basically said that it was because they
19 were a bunch of crooks, and I would like to see them
20 come to justice. If you want to see my testimony,
21 contact the district justice. I can't quote you
22 word-for-word.
23 Q. But, generally, the general testimony that
24 you provided at that hearing, is it similar to what you
25 stated to us todayl
1 A. Yes.
2 Q. And what about PHI and Hr. Hicks and Hr.
3 Bopp, what did they testify to?
I A. Attorney Patterson attempted to have them
5 show the chronology of the billing and the lateness,
6 etcetera, etcetera. And so they just pretty much
1 testified to that.
8 Q. Did you ask them any questions?
9 A. Yes, because they got the chronology wrong
10 with the correspondence. So, while Hr. Haxwell was on
11 the stand, I asked him a few questions regarding what
12 he was talking about. Because he was referring to my
13 letter to him after -- he got things out of sequence in
14 his testimony. So I wanted to clarify if he knew what
15 he was talking about.
16 Q. And were those cleared up?
11 A. Yeah.
18 Q. Did you ask any other questions?
19 A. No.
20 Q. Did Hr. Hicks testify?
I 21 A. No.
j 22 Q. Hr. Bopp?
23 A. No.
21 Q. Did you present any other evidence besides
25 your checks and your own personal testimony?
53
55
I A. 110. I presented the correspondence I had
2 been recel vlng and th,1t J had sent in that lime period
301, like, between August through tlove~her, etcetera.
I O. Old y~u present the Pal~er Nu~ber I that we
5 spoke about 1
6 A. Yes, I did.
7 O. And you showed tho judge thatl
8 A. Yes.
9 Q. And do you recall what the judge saldl
10 A. Yes.
II O. What did he sayl
12 A. He was not happy; spoke directly to Hr.
13 Patterson and said, Is this a test case. And Hr.
14 Patterson assured him, that, no, I was not a test case.
15 Because their trial was due to come up. Their court
16 date was the day after mine.
11 Q. The court date meaning the Cumberland County
18 court?
19 A. Yes. They were to appear to court. And the
20 district justice was not happy that they were wasting
21 his time with this crap.
22 Q. And did he rule for you right there on the
23 benchl
24 A. No, he did not.
25 Q. Several days laterl
54
56
1 A. Yes.
2 Q. As the months went on in 1998, did you
3 receive information that the -- let me back up. Do you
I recall the hearing that was held in the lawsuit, the
5 equity lawsult--
6 A. Yes.
7 Q. -- that is referenced by August 21th, 1991?
8 A. Yes.
9 Q. Do you know a hearing was held on December
10 5th, 19971
11 A. Yes.
12 Q. Do you recall a decision being issued by the
13 judgel
14 A. Yes.
15 Q. And that was the beginning of February of
16 19981
17 A. Approximately.
18 Q. Old you begin making your payments directly
19 to council in February of 19981
20 A. No.
21 O. Why not?
22 A. Because the second condition on this lawsuit
23 did not occur until Hay of '98, and that is until
24 council agrees to call a special meeting of homeowners
25 for the purpose of voting upon to remove certain
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I council membora. They dldn'tllolVe that until Hay.
2 O. Well, tho second rull paragraph, lr you
3 would, If you want to turn back to ralmer Numhor I.
4 Allow me to read that to you.
5 A. Go ahead.
6 O. OUoto, the purposo or this let tor Is advise
7 that all future asaessments from Individual unit owners
8 will be held In an escrow account by my office until
9 the earlier of two occurrences. Close quote. Do you
10 see that, ma'am?
II A. Yes, I do.
12 O. And do you see an or between one and two?
13 A. Yes, I do.
14 O. Would you agree with me that that means
15 either one of those two events would occur before the
16 escrowing would cease?
17 A. I would agree with what you said. However,
18 the court order stated that they had to have a special
19 election, which did not occur until April or Hay.
20 O. I'm aware of that. But would you agree with
21 me that on Palmer Number I, the August 27th, 1997
22 letter, provides that you were going to stop escrowing
23 the money and begin making paymeets directly once a
24 court order was issued resolving the lawsuit?
25 A. The court resolved that. We did not -- the
1,
rcourt resolved that. It was not done. It had not been
2 completed. The action had not been completed until
3 they held the election. The court ruled on that.
4 Q. SO In early February 199B, you became aware
5 that the court had issued an order?
6 A. Yes.
7 Q. And despite that, you decided not to make a
8 payment to council -- make your condominium assessment
9 payments directly to council. Is that correct?
10 A. I continued to escrow until council was to
II comply with the court's order.
12 Q. When did the council comply with the court
13 order?
14 A. I believe It was around Hay 9th.
15 Q. And had a meeting on Hay 9th?
16 A. Yeah, after much duress.
17 Q. Can you tell us when you wrote your cheek to
IB council for the total amount of monies that you've
19 escrowed?
20 A. I believe that was on -- hold on one moment.
21 I want to get the date right. Check was issued on 5/23
22 of '9B in the amount of $1,024, which was the total
23 amount in escrow for that time. That check was then
24 returned to me with the correspondence stating that
25 they did not want -- they would not accept that because
. .
51
59
1 limy wanted tho attorneys' rnos also.
2 O. Why didn't you Issue a check on Hay 10th, the
3 day altar the olectlon was held?
I A. Uecause ( was not advised that the funds were
5 being released right then.
6 O. Whon did you pay your Hay condo messment
1 fees?
B A. Probably the end of Hay.
9 O. Where did you pay them to?
10 A. I don't remember.
11 I don't show a separate payment for Hay.
12 However, I would like to reserve the right to review my
13 papers to see what the total amount was, and if I
14 Included Hay with the escrow money when I sent It in.
15 Q. Do you agree that you owed Hay 1997
16 assessment fees to council?
17 A. Yes, I would agree to that.
IB Q. Would you agree that following the occurrence
19 of the special meeting, pursuant to the court order, in
20 your opinion, you would hav~ absolutely no legal basis
21 to not pay the condominium assessment directly to
22 council of Westwood Village. Would you agree with
23 that?
24 A. Would you repeat the last part?
25 Q. You stated that it was your understanding and
5B
60
1 your belief that you were -- or had a right to pay into
2 escrow your condo assessment fees until a court order
3 that resolved that lawsuit and the special meeting was
4 finally called by council had occurred. Is that an
5 accurate statement?
6 A. Correct.
7 Q. And my question to you is: Would you agree
B that based on your opinion and your testimony that
9 following the special meeting of the homeowners called
10 by council, pursuant to the court order, that you were
II then under an obligation to begin paying directly to
12 the council your condominium assessment fees?
13 A. Yes, that's correct.
14 Q. And you would agree that if you failed to do
15 so, that you would be in breach of your condominium
16 obligations?
11 A. Yes.
IB Q. And can you tell us right now, under oath, if
19 you recall immediately following the order of the court
20 that you -- and the special meeting -- that you began
21 paying your condo assessment fees directly to council
22 through PHI?
23 A. I began paying them -- I show -- besed on my
24 checkbook, I show the June payment going to council.
25 The Hay payment, I assumed I had sent. I may be
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2 O. 1I0w about April, can you tell me If April
3 went?
4 A. April was In the assessment.
5 O. Do you have a copy of that checkl
6 A. Yeah, It was check number 2161.
1 O. Can you tell me who you made It out to?
8 A. I originally made It out to Saldls, Guido,
9 Shuff and Hasland. And then that was voided, and check
iO number 2165 was reissued on 5/2 to the council of
II Westwood Village for the April payment. Interesting.
12 But I'd have to see the actual checks to see what was
13 really done.
14 O. I thought you had copies of other checks that
15 you submitted into escrow?
16 A. I do. 'They're at home in my file cabinet.
11 O. You don't have that right now?
IB A. No, I don't.
19 O. Can you explain to us why that check was
20 returned to you and you submitted it directly to
21 counclll .
22 A. No, I can't. I don't remember why.
23 O. Oid it come with any correspondence from the
24. attorneys when it came back to youl
25 A. No, because it wasn't submitted to the
I attorneys. It only went as far as Pat Vandrew, who was
2 handling the money for them. And she advised me that
3 we were now going to .- the money was going to be
4 released, and that we were to start submitting to
5 council directly.
6 So she returned the check to me, and I
1 reissued it to council.
8 O. Were you disappointed on the outcome of the
9 special election?
10 A. Extremely.
II O. lIave you decided to move from Westwood
12 Village?
13 A. Yes, I have.
14 O. Is your property on the market?
15 A. 110, it's not, not anymore.
16 O. Why not?
11 A. Because I've leased it.
18 O. SO you do not reside there anymore?
19 A. I do now. I will be moving shortly.
20 O. Did you, at any time, engage in any type of
i 21 vandalism on the property?
......./ 22 A. Absolutely not.
23 O. Someone, I think, had testified previously
24 that they saw you with sidewalk chalk writing on
25 sidewalks around Westwood Village, various messages
61
1 about council. Have you ever done something like thatl
2 A. Is that considered vandalism when you write
3 on the public street?
4 O. I don't know.
5 A. flake a judgment before I answer.
6 O. Without identifying whether or not It's
1 vandalism or not, have you ever written --
B A. You didn't answer my question.
9 O. Unfortunately, I'm the one who gets to ask
10 the questions. I don't have to answer anything.
11 Did you at all, at any time, write with
12 sidewalk chalk things on the sidewalk or streets at
13 Westwood Village condominiums about council?
14 A. Yes, I did.
15 O. Can you tell us what you wrote at the.
16 entrance to Westwood Village condominium?
11 A. I believe it was welcome to Westwood Prison.
18 O. And why did you do that?
19 A. Because I was extremely ticked off about the
20 crap they were sending through the mail at the time,
21 that they were being slanderous, misleading, purely
22 lying. And I had had enough.
23 O. SO did you do that to just vent your
24 frustration?
25 A. Basically.
62
I O. Did you have any help doing that?
2 A. 110.
3 Q. Can you tell us any other thing that you
4 recall writing?
5 A. I wrote all kinds of interesting things, but
6 every single one of them was true. And none of them
1 were slanderous.
8 O. Did you bring documents with you today
9 pursuant to our notice of deposition?
10 HS. DePAULIS: Yes, she did.
II HR. BRESCHI: Can I take a look at those
12 documents?
13 (Break.)
14 BY HR. BRESCHI:
15 Q. Hs. Palmer, you produced for us a manila
16 folder with copies of documents. And my question to
11 you is: Are these documents consistent of all the
lB correspondence you've had with PHI and with council
19 since you've been living at Westwood Village?
20 A. Probably not.
21 Q. Do you have other documents or other
22 correspondence at home, copies of other correspondence?
23 A. Hy attorney has everything.
24 HR. BRESCHI: Off the record.
25 (Discussion held off the record.)
63
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64
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1 BY MR. BRESCHI:
2 O. Just one other question, Ms. Palmer. In your
3 IMnlh envelope there's a letter dated October 13th,
4 1997 to you from council. And I ask that you pull that
S letter out.
6 tlow, I want you to look at that letter and
7 look at Palmer Number S, If you would. And I'd ask
8 you, looking at the October 13th, 1997 letter and
9 Palmer Number S, can you now tell us whether or not you
10 recall receiving that form letter from council?
11 A. Yes.
12 O. 00 you recall receiving that form letter on
13 or about October 13th, 1997?
14 A. Yes.
IS MR. BRESCH!: That's all I have.
16 IWhereupon, the deposition was concluded
at S:20 p.m.)
17
18
19
20
21
22
23
24
2S
GS
1 COHMONNEALTH or PENNSYLVANIA
..
2 COUNTY or CUHBElU.ANo
SS.
3
I. JILL L. ROTH. a Court Reporter-Notary
4 Public authorized to admini.ter oatha and taka
5 depoaitlona In the trial ot c.u.... and havlnQ an
6 attic. In Carli81.. Pennsylvania, do hereby cacti!y
7 that the tore901ng 1. the t..tlmony ot SUSAN J. PALMER.
.
I lurther cartlly that batore the taking ot
9 .aid dopo.ition the wi tn... wa. duly aWornl that the
10 qu..t.lona and anewera wara takan down In IItenotyPe by
11. the .aid Reporter-Notary, approved and aoreed to, and
12 artarwards reduced to computer printout under the
13 direction or .aid Reporter.
"
I further certIfy that the proceedings and
l' evIdence are contaIned fully and accurately In the
16 note. taken by me on the withIn depoaitian, and that
17 thi. copy 1_ a correct transcript or tho same.
,.
In testimony Wheteor, I have hereunto
19 8ubacrlbed m hll
,.
Ptember, 1998.
"
22
CARUSLE
IIY COil
23 My Conmi8sion
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11-10-1UO
"BSTWOOD VILLAaB CONDOMINIUM ASSOCIATION
clo PROPBRTY MANAOBMBNT, INC.
P.O. BOX 622
LKMOYN!, PA 17043-0622
PMMBR, SUSAN J
222 BRIM DRIVIl
INOLA, PA 17025
18,' 222 DIAN DRIVE
HH-360MOO-202220-01
DRAA HOMBOlmBR,
OOR.RBCOIWB ItmICATE TmmB'S A BALMCB DUB ON YOUR ACCOtmT IN THE AMOUNT
OF $2,2051.85 AS OF ,TH~ ABOVE DATE. PLIW3B REMIT PAYMENT OF THE TOTAL D~
IJIIItBDJA'l'BLY TO BRI~, YOUR. A(.'t;OLld. CORRBNT ANIl AVOID PUR'l'HBR. COLLECTION
ACTIONS. PLBASB PIND BBLOW A' DBTAILBD' LIST OF '1'HB CHARGBS CURRBNTLY
OD'l'STA!lDIHa ON YOUR ACCOtlNT,
10/97 P FILING/LE~
0.198 P PILZHO/LBOAt
04/98 s' SPECIAL' ASS~SS
04/98 i raT ON.BSC Ft1HD
05/98 P PIDINO/LBOAL
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05/98 i raTON BaC FUND
06/99 P PILING/LEGAL
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08/98 i INt'OR BSC POND
09/98 M ~y ASSBSS
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11/98 M MONTHLY ASSBBS
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PLI!lABB MAKS YOUR CIISCK PAyABLE TO I WBSTWooD VILtME CONDOMINIUM ASSOCIATION
lUID FORWARD YOUR PAYMENT TO. clo PROPBRTY MllNAIlBMBHT, INC.
P.O. BOX 632
LEMOYNB, PA 17043-0622
PLSASI FBBL WRII TO CALL OUR OFPICK IF YOUHAVB ANY QUBSTIONS. WB WILL
DB eUtAD TO DB OF A99IsTANCB.
IF YOU RAW BLBCTBD AUTOMATIC WITHDRAWAL, THIS' AMOUNT ifILL BR' WITHDRAWN FROM
YOUR Pl:R80NAL ACCOUNT ON TIIB 5TH DAY OF THE FOLLOWING MON'l'H, Oil TUB NEXT
BUSINI88 DAY THBRBAPTBR.
8INCBRBLY.
PROPBR'l'Y MANAGIlMBIn'. INC.
AS AOBRTB POR
IfBSTNOOD VILLAGB CONDOMINIUM ASSOCIATION
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17:15 Nu.004 P.OI
. .. .
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00-11-111911
Susan J 'almer
1105 PINN STREBT
~ISBURO, PA, 17102
RII: I 222 BRIAN DRIVB
HH-360-00-202220-01
DBAR HOMBOWNBR I
OUR RBCORDS INDICATB THAT 'I'HBRE IS A BALANCB DUB.OP 2,636.96 AS OF 'l'HB
ABOVB DATS.
IF YOU HAW M'.l'BRIAL TO SUBS'tANTIATS PAYMBNTS. NOT RBPLBCTBD. ON OUR RBCORDS,
PLBAB2 SUBMIT. COPIBS SO THAT. WS' MAY ADJUST OUR RECORDS' APPROPRIATELY.
OnnlRWISB, PLBASB FORWARD PAYMENT OF THB TOTAL..llMOUNT DUB: TO BRING YOUR
ACCOUNT ctIRRENT AND AVOID THB POSSIBILITY OF PBNALTIBS. .
IIBLOtf IS A DBTAILBD LIST. .OF THB.CHARGBS . SHOWN. AS.CURR8NTLY OUTSTANDING ()N
YOtlR. ACCOUNT. . PLBAsB BE AMARa THAT .RBCENTx.Y RBCBIVBD PAYMENTS MAY HAW BBBN
APPLIBIl TO OLDBR DA1'.oANCBS. PLBASE COH'I'ACT. 011&. OFPICB FOR CLARIFICATION OP
PAYNBNTs/POSTINQ AT (?17) .?30-4~41 OR B-MAIL AT AMOaRBNTPMI.COM.
'lIUUfIt YOU POR YOUR PRl>>fPT .AT'I'BNTION.TO THIS MATTBR.
10197 P PILING/LEGAL 867.72
04/98 P P.ILIltO/LBGAL 10S.50 ~
04/g8 i XNT OH,BSC POND 51.10
05/g8 F PILIRO/LBGAL 177.50
05/98 1 INT oN'SSe FUND 10.85
061'1$ F pu.:mo/LBcW. . 202.60
05/98 1 INTOR sSC FUND 11.78
07/98 P PILrNG/LBGAL 198.50
07/98 i INT ON BSC'FUND 8.33
08/98 P FILING/LBGAL 324.69
08/98 i INT ON SSC POND 9.36
09/98 1 INT' ON sse POND 11.03
10/98 i INT ON BSC POND 10.46
11/98 M MONTHLY ASSBSS 70.92
11/98 S SPHCIAL ABSSSs 40.00
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laIn i INT ON ISC FUND 11.16
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06/'9' L LATH CHARGB 3. S9
06/" 8 SPIrCIAL ABSBSS 40.00
07/" L LATH CHARGB 3.93
07/99 M MON'.l'HLY ABSBSS 79.0.
07/99 S SPBCJAto ABSSSS 4 0.00
oBln L LA'l'B CHAROB 4.91
oa/9lJ M'MONTHLY ASSBSS 19.00
OBI" 8 SPRCJAL ASSBSS 40.00
PLBASB' MJdCIt YOUR CHBCK' PAYABLE TO:
AND FORWARD TO:
. AUGUST 11, UlIg
. WBSTWOOD, VJLUGB CONDOMINIUM
PROPBRTY MANAGBMBNT. IRe.
P.O. BOX 622
LEMOYNS, filA 17043
SINCBRBLY,
l'ROPSRTr MANAoBImNT, INC.
AS ~BN'1'S FOR
WBII'I'1fOqD VILIAGB CONDOMINIUM
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
Pluinliff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION -LAW
SUSAN J. PALMER,
Dcfcndunt
NO. 98-61 CIVIL TERM
ORDER
AND NOW, this
day of
, 1999, upon consideralion of Council of
Weslwood Village Condominium's Motion for Summary Judgment, Briefin Support thereof and
any responses thereto, IT IS HEREBY ORDERED thut summary judgment is entered in favor of
Plaintiff, Council of Westwood Village Condominium, and against Defendant, Susan J. Palmer, in
the amount 01'$6,91 1.03.
BY THE COURT:
J.
Parties to be nolified pursuant to Pa.R.Civ.P. 236(A)(2).
Counsel for Plainliff:
Ann F. DePaulis, Esquire
SALZMANN & DePAULIS, P.C.
105 North Front Street, Suite 201
Harrisburg, I' A 17101
Counsel for Defendant:
David R. Bresehi, Esquire
SHUMAKER WILLIAMS, P.C.
P.O. Box 88
Harrisburg, I' A 17108
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PRAECIPB FOR LISTING CASI FOR ARG~NT
l"-t be t:r..-rltten and lulJrdtttd in "''PH..'''tIi)
TO THE PIlOTlIONOTARY OF CUMBERLAND COUNTY:
PI8Me lUt the ld.t!WIlMttU' t= ttIe -'= ~t 0:Iurt.
---------------------------------------------------------------
------
CAPTION OF CASB
I SltUe ~ nuat be ltatell in full)
CXXJNCIL OF WES'IWOOD VILlJ\GE cx:tIDCMINIUM,
(PlBintUf)
VB.
SUSAN J. PAlMER
(IlafendIInt)
. No.
98
Ci'riJ.
61
19 98
1. State mat1:er to be argued (i.e.. plllin~'8 IIDticn f= ~ trlal, de1:..~t'.
denID:rer to ~t. etc.):
Plaintiff's Motion for Sunrnary Joogment
2. Identify caunsel who will. ar9J8 case:
(II)
far plaintilf:
~_: David R. Breschi, 1.0. IIS9001
~ PIAMS, P.C.
RarriSEUrg, PA 17108
far deremant:
Mh. : Ann F. Depaulis
SALZMANN & I:lEBAULIS, P.C.
105 North Front street, Suite 201
HarriSburg, PA 17101
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(b)
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3. I will notify lIll psrties in writing witlUn bID days that this l3l8 hu
been llsted ~ ~t.
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4. ~t Court Date: March 1, 2000
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[lilted; 1/20/00
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David R. Breschi, 1.0.11 59001
-'^-
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
PllIinliff
CUMBERLAND COUNTY, PA
CIVIL ACTION -LA W
v.
SUSAN J. PALMER,
Dcfcndanl
NO. 98.61 CIVIL TERM
OIUlER
AND NOW, Ihis
day of
, 1999, upon consideration of Council of
Wcslwood Villagc Condominium's Molion for Summary Judgment, Brief in Support Ihereofand
any responses thereto, IT IS HEREBY ORDERED that summary judgment is entered in favor of
Plaintiff, Council of Weslwood Village Condominium, and against Defendant, Susan J. Palmer, in
the amount 01'$6,91 1.03.
BY THE COURT:
J.
Parties to be notified pursuant to Pa.R.Civ.P. 236(A)(2).
Counsel for Plaintiff:
Ann F. DePaulis, Esquire
SALZMANN & DePAULIS, P.C.
105 North Front Street, Suite 201
Harrisburg,PA 17101
Counsel for Defendant:
David R. Bresehi, Esquire
SHUMAKER WILLIAMS, P.C.
P.O. Box 88
Harrisburg, I' A 17108
i
, III
,
~
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM.
IN TIlE COURT OF COMMON PLEAS
Pluinlil'l'
CUMBERLAND COUNTY. PA
v.
CIVIL ACTION -LA W
SUSAN J.PALMER.
Dclcndant
NO. 98.61 CIVIL TERM
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND NOW comcs the Plaintiff, Council of Westwood Village Condominium (hereinafter
"Council"), by and through its allomeys, Shumaker Williams, P.C., and moves for summary
judgment pursuant to Pa.R.Civ.P. 1035.2 and in support thereof avers as follows:
I. Council has a principal address at c/o Property Management, Inc., 1300 Market Street,
P.O. Box 622, Lemoyne, Pennsylvania 17043. See Complaint at ~I. A copy of Council's Complaint
is attached hereto as Exhibit "\."
2. Westwood Village Condominium is a condominium located in East Pellnsboro
Township, Cumberland County, Pennsylvania, that was created and eSlablished on January 29, 1975,
pursuant to the Unit Property Act of Pennsylvania; the Declaration Creating and Establishing
Westwood Village Condominium (hereinafter "Declaration"), is recorded in the Office of the
Recorder of Deeds of Cumberland County in Miscellaneous Book 213, Page 283, and thereafter as
amended; the Code of Regulations of Weslwood Village Condominium (hereinafter "Code of
Regulations"), is recorded in Miscellaneous Book 213, Page 328 and Ihereafter as amended; and the
Declaration Plan of Westwood Village Condominium dated January 29,1975, is recorded in Plan
Book 26, Page 13 and thereafter as amended. See Exhibit "I" at ~3.
3, Couueil is thc govcl'l1ing hody of WCSIWOOlI Villagc Condominium, nHlnaging thc
business, opcrations, affairs and propcrty ofWcstwoOlI Village Condominium pursuanlto the Unit
Properly Ael of Pennsylvania, thc Declaration, and Codc of Regulations. See Exhibit "I" at '14.
4. Council is composed of live (5) individuals privalc1y elected by the unil owners of
Westwood Village.
5. Defendant, Susan J. Palmer (hereinafter "Palmer"), is an adult individual residing at
222 Brian Drive, Enola, Easl Pennsboro Township, Cumberland County, Pennsylvania 17025. See
Exhibit "I" at '112.
6. For the year 1997, pursuant to Ihe Westwood Village Code of Regulations, Council
assessed Palmer an annual general assessment in the amount of$78.00 per monlh. See Exhibit "I"
at '1110.
7.
Furthennore, during the year of 1997, Council issued special assessments in Ihe
,
I
amount of$40.00 per month to Palmer for increased operaling maintenance and/or additional eapilal
!
expenses pursuanlto the Weslwood Village Code of Regulations. See Exhibil"I" at '110.
8. In 1997, Palmer stopped paying her monlhly condominium assessments and, as of
December 31,1997, owed assessmenls in the amount of$I,637.72. See Exhibit "I" al '112.
9. On January 26, 1998, Counciltilcd the instant action against Palmer for the purposes
i
I
I"
II
of collecting her unpaid assessments. See Exhibit "\."
10. On or about February 14, 1998, Palmer tiled an Answer with New Matter to
Council's Complaint. A copy of Palmer's Answer is attached herelo as Exhibit "2."
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II. In her Answer, I'nlmer mlmitted thnt she did not pny Ihe required Ices tol'Ml, but
plneed them into escrow in September, 1997. See Exhibit "2"nt '112.
12. The pnrties engnged in discovery in this nclion.
13. AI her deposition, I'nhner ndmitted that she failed 10 pay Councillhe required fees
beginning in June 1997, deposiling said monies into escrow instead because she wanted to gel the
Council's attention regarding what she perceived as a failure to mainlain and repair the
condominium. Scc deposition of Susan J. Palmer, August 24, 1998 at Pl'. 21 -26,32-34. A copy of
Ihe deposition transcript is attachcd hereto as Exhibit "3."
14. Palmer continued to cscrow her fccs, failing to submit them to PMI through April
1998. See Exhibit "3" at p. 61.
IS. Palmer continued this praclice, despile repeatcd notices from Council that such
escrowing was nol legal and would result in the asscssment of late charges, lien filings and
institution oflegal proceedings 10 collect the fees owed. See Exhibit "3" at Pl'. 43, 45, 47 and 65.
See also Palmer Deposition Exhibits 3, 5 and 6. Copies of thc Palmcr Deposition Exhibits are
colleclively attached as Exhibit "4."
16. As part of the discovery conductcd in this case, Council served Requests for
Admissions on Palmer regarding Westwood Village Condominium's Declaration and Code of
Rcgulations. Copies of the Requests for Admissions, Palmers Responses thercto, the Dcclaration
(without exhibits) and the Codc of Regulalions are attached as Exhibits "5," "6," "7" and "8,"
rcspectively.
3
,
.
'...
."
17. I'nlmcr ndmillcd Ihntno provisions of thc Codc of' Rcgulations providcs for cscrow
of'nsscssmcnls for I'lnintif'f's fhilurc to adcquntcly maintain, rcpair and rcplncc thc common clcmcnts
of' thc condominium. Scc Exhibit "6" nt '11.
IS. Rnlhcr, thc Codc of'Rcgulations providcs Ihatlhc Council had Ihc authority 10 handlc
the "operation, managemcnl, maintcnancc, rcnewal, rcplaccmcnt, rcpair, care, clcan-up, upkccp,
protection and surveillance of Westwood Villagc Condominium." Sec Exhibit "S" at p. 12.
19. The Code of Regulations further vesls the Council wilh the ability to adjusl or
,
increase the amount of assessments for such common expenses, as well as levy and collect special
~
assessmenls, from individual owners, as deemed necessary by Ihe Council. See Exhibit "S" at p. 12.
i
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!
20. Finally, the Code of Regulations authorizes the Council to collect "delinquent levies
or Assessments made by Council against any Units and the respeclive Uni1 Owners thereof, and
interest thereon to ether with such costs and ex enses incurred in connection therewith includin
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but not limited to filinl! fees. court costs and allornevs' fees whether bv suit or otherwise..... See
Exhibil "S" at p. 14. (emphasis added).
21. Palmer also admilled that no provisions of the condominium's Declaration provides
for the escrow of assessments for failure to adequately mainlain, repair and replace the common
elements of the Condominium. See Exhibit "6" at ~3.
22. Rather, the Declaration provides that any assessment levicd by thc Council against
any unit for the share of such common expenses are the personal liability of the unit owner oflhe
unit. See Exhibit "7" at p. 17.
I
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23. Per the Declurution, ullllssesslllents levied by the Council. logether with interest
constilute II churge IIgainstthe unil which cun be enlorced liS provided in Section 703 of the Unil
Properly Act of Pennsylvania. See Exhibit "7" at p. 17.
24. Addilionally, the Declarnlion provides thatllny lIssesslllenl against a unil, may be
enforced by suit initiated by the Council. See Exhibit "7" at p. 17.
25. Palmer also admilled Ihatthe Pennsylvania Unit Property Act docs not provide for
escrowing of assess men Is for failure to adequately maintain, repair and replace the condominium's
common elements. See Exhibit "6" at ~7.
26. Rather, as Palmer also admilled, Ihe Unit Property Act of Pennsylvania provides that
a unit owner may maintain an action for recovery of damages or injunctive relief if aggrieved by a
non-compliance with the Code of Regulalions. See Exhibit "6" at ~~7 and 68 P.S. 9700.305
(repealed).
27. After suit was filed by Council to collect Palmer's delinquent condominium fees,
Palmer paid most of her delinquent condominium fees, but refused to pay for the interest on her
delinquencies and for legal fees and costs Council incurred in the collection of Palmer's delinquent
assessments. A breakdown of Palmer's charges and payments since September, 1997 is allached
herelo as Exhibit "9."
'I
28. The total amount owed by Palmer at this time consists 01'$867.72 in allorneys' fees
10 Council, $4,782.73 in allomeys' fees to Shumaker Williams, P.C., $302.66 in interest and $957.92
for unpaid monthly and special assessmenls to Council. Said amounts total $6,9 I 1.03. See Exhibit
"'9."
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 98-61 CIVIL TERM
I
.
.
v.
I
.
.
SUSAN J. PALMER
Defendant
.
.
I
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NOTICE '1'0 PLEAD ~...; : .: ,-f,?J
-"'-" ." """Irn
You have been sued in court. If you wish to defebii..;ag~fmr~~
the claims set forth in the following pages, you must ~ake tcti~~
~ . .. -oj
within twenty (20) days after this Complaint and Notice ;ie ~rv~
.
.
CIVIL ACTION-LAW
by entering a written appearance personally or by attorney and
filing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to
sdo so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or
other rights important to you.
YOU SHOULD TARE 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
4th Floor
CARLISLE, PA 17013
(717) 240-6200
..~
MOTICIA
Le han demand ado a usted en 1a corte.
S1 usted qu1ere
deferderse de estas demandas expeustas en 1as pag1nas s1guientes,
usted tiene (20) dias de plaze al partir de la fecha de la demanda
y la notif1cac1on. Usted debe presentar una apariencia escrita 0
en persona 0 por abogado y archivar en la corte en forma escrita
BUS defensas 0 sus objeciones alas demand as en contra de su
persona. Sea avisado que si usted no se defiende, 1a corte tomara
medidas y puede entrar una orden contra usted sin previa aviso 0
notificacion y por cualquire queja 0 a1ivio que es pedido en la
peticion de demanda. Usted puede perder dinero 0 sus propiedades
o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESI.~nITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
4th Floor
CARLISLE, PA 17013
(717) 240-6200
.,
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
SUSAN J. PALMER
Defendant
CIVIL ACTION-LAW
No. 98-61 CIVIL TERM
COMPLAINT
AND NOW comes Plaintiff, by its attorney, ~ent H. Patterson, and
files this Complaint as follows:
1. Plaintiff is Council of Westwood Village Condominium
("Council") which has addresses c/o Grace Lovell, President, 205
Louise Court, Enola, PA 17025 and c/o property Management Inc.,
1300 Market Street, P.O. Box 622, Lemoyne, pennsylvania 17043.
2. Defendant is Susan J. Palmer, an adult individual, who
resides at 222 Brian Drive, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania 17025.
3. Westwood Village Condominium is a condominium
located in East Pennsboro Township, Cumberland County, Pennsylvania
that was created and established pursuant to the Unit Property Act
of Pennsylvania; the Declaration Creating and Establishing Westwood
Village Condominium ("Declaration") which is dated January 29, 1975
and recorded in the Office of the Recorder of Deeds of Cumberland
County in Miscellaneous Book 213, Page 283 and thereafter as
amended; the Code of Regulations of Westwood Village Condominium
-1-
.I~,
("Code of Regulations") which is recorded in Miscellaneous Book
213, Page 328 and thereafter as amended, end the Declaration Plan
of w..twood Village Condominium dated January 29, 1975 and recorded
in Plan Book 26, Page 13 and thereafter as amended.
4. Plaintiff is the body which manages the busine.s,
operations, affairs and property of Westwood Village Condominium
pursuant to the Unit Property Act of Pennsylvania, the Declaration,
and Code of Regulations.
5. Defendant is the owner of Unit No. L29-F3, Building 10,
Block 5, known as 222 Brian Drive in Westwood Village Condominium,
having acquired title by deed dated July 13, 1995 and recorded in
the Office of the Recorder of Deed. of Cumberland County in Deed
Book 125, Page 197, together with a proportionate undivided
interest in the common elements, as defined by the Declaration, of
0.85070.
6. Plaintiff has the duty under Section 12 of the
Declaration to maintain, repair and replace the common elements as
defined in the Declaration and to make Assessments and collection
of common receipts from the unit owners for common expenses and the
payment of common expenses as defined in the Declaration.
7. Section 16 A and B of the Declaration and Sections 702
and 703 of the Act provide that assessments against any unit owner
for a share of common expenses chargeable to that owner shall
-2-
..~
constitute the personal liability of the unit owner and that any
such assessment may be enforced by suit by Council acting on behalf
of the unit owner. and .hall be li.ted by the Prothonotary a. a Ii.
penden..
8. For and prior to each of the year. 1995, 1996 and 1997,
and pur.uant to Article VII, Section IB of the Code of Regulations,
Plaintiff a..e..ed all unit owner. for the e.timated annual common
expense. and said asses.ment for each unit was in the .ame
proportion a. each unit'. re.pective undivid.d common int.re.t in
the common .lem.nt. a. set forth in the Declaration.
9. During the year. of 1996 and 1997, Plaintiff i.su.d
special a.sessments to all unit owner. for increa.ed operating
maintenance and/or additional capital exp.n..s pur.uant to Article
VII, Section lC of the Code of Regulations.
10. The monthly assessments levied by Plaintiff against the
condominium unit owned by Defendant at 222 Brian Drive for 1995,
1996, and 1997 were as follow.:
~ A..e..ment.
1995 General A....sment:
1996 General Assessment:
Special As.e..ment:
$91.53
$91.53
$28.25 (April, May,
June, July only)
-3-
.' ......
Special Assessment:
$78.00
$40.00
1997
General Assessment:
11. Pursuant to a statement of account for the period of
August 1995 through December 31, 1997, a copy of which is attached
hereto and marked as Exhibit A, Plaintiff charged Defendant for the
assessments, late charges and attorney fees set forth therein.
12. The Defendant only made payments as indicated on the
statement of account (Exhibit A) and failed to make the payments as
shown on Exhibit A, leaving a balance due and owing as of December
31, 1997 of $1637.72.
13. Pursuant to Article VII, Section 1I of the Code of
Regulations, Plaintiff is empowered to collect delinquent
assessments against unit owners together with interest, costs,
filing fees, and attorney fees.
14. Plaintiff has or will incur attorney fees in the minimum
amount of $800.00 and will incur additional attorneys fees in
connection with this action for which Defendant is liable.
15. Interest has accrued on the amount owing by Defendant to
Plaintiff at the legal rate of six percent (6\) per annum and will
continue to accrue.
16. All conditions precedent to Defendant's liability have
been satisfied.
-4-
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.....
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WHEREFORE, Defendant requests judgement against Plaintiff in
the amount of $1637.72 together with filing fees, attorney fees,
costs, and interest.
~r~
~ent H. Patterson
Attorney for Plaintiff
221 Pine street
Harrisburg, PA 17101
(717) 238-4100
-5-
. , ,
. "
Westwood Village
222 Brian Drive
Monthly Amount Check Amount Date Late Balance
Assesl. Due Number Received Received Charge
Carried Forward from 1996: 12Ui3
January 78.00 1892 91.53 01102197. 10.00 118.00
40.00 . 158.00
February 78.00 1732 88.00 02/04197 10.00 158.00
40.00 198.00
March 78.00 1758 88.00 03104197 10.00 198.00
40.00 1762 30.00 03106197 208.00
April 78.00 1789 198.00 04101197 10.00 98.00
40.00 1819 78.00 04128197 60.00
May 78.00 1547 78.00 05128197 10.00 70.00
40.00 110.00
June 78.00 1878 158.00 06130197 10.00 40.00
40.00 80.00
July 78.00 10.00 168.00
40.00 208.00
August 78.00 1923 78.00 08105197 10.00 218.00
40.00 258.00
September 78.00 10.00 346.00
40.00 386.00
October 78.00 10.00 474.00
40.00 514.00
Filing Fees 87.72 581.72
Legal Fees 800.00 1,381.72
November 78.00 10.00 1.469.72
40.00 1,509.72
December 78.00 1,587.72
40.00 10.00 1,637.72
/
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Beginning Balance:
Total Charges:
Total Payments:
Ending Balance:
$121.53
2,403.72
887.53
_$1,637.72
88 of 1~197
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. "'"
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Westwood Village 222 Brian Drive
Monthly Amount Check Amount Date Late Balance
Assess. Due Number Received Received Chaale
Carried FOl'Ward frorr1 1995: 91.53
January 91.53 1279 91.53 01/02. 10.00 101.53
February 91.53 1309 91.53 02/05 10.00 111.53
March 91.53 1358 101.53 03/04 10.00 111.53
28.25 139.78
April 91.53 1388 119.78 04101 111.53
28.25 1429 119.78 04129 20.00
May 91.53 1481 119.78 05131 10.00 1.75
28.25 30.00
June 91.53 1487 119.78 08124 1.75
28.25 30.00
July 91.53 1527 91.53 07129 30.00
August 91.53 1559 91.53 08130 30.00
September 91.53 10.00 131.53
October 91.53 1598 ' 101.53 10102 121.53
1822 91.53 10129 30.00
November 91.53 121.53
December' 91.53 1860 91.53 12/02 121.53
Beginning Balance: $91.53
Total Charges: 1,261.36
rotal Payments: 1,231.36
Ending Balance: $121.53 as of 12131/96
Monthly Amount Check
Assess. Due Number
Carried Forward from 1994:
January
February
March
April
May
June
July
August
September
October
,
.
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Westwood Village
91.53
91.53
91.53
November
December
91.53
91.53
Beginning Balance:
Total Charges:
Total Payments:
Ending Balance:
222 Brian Drive
Amount Date
Received Received
Late
Cha!:ge
Balance
0.00
1106
1154
1169
1232
10.00
101.53
91.53
91.53
0.00
0.00
91.53
101.53 09/05
91.53 10/02
91.53 10130
91.53 11/27
$0.00
467.65
376.12
$91.53
as of 12/31/95
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VERIFICATION
I, Grace Lovell, verify that I am President of the Council of
Westwood Village Condominium, that as such officer, I am authorized
to make this verification on behalf of the Council, and that the
statements in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that
false statements herein are made subject to penalties of 18 Pa.
C.S. S 4904 relating to unsworn falsification to authorities.
J;Utu ~h,JJ.,
Grace Lovell
Date: (J 1/ J.:L / 1 r
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COUNCIL OF WESTWOOD VILLAGE
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
:
NO. 98-61 CIVIL TERM
SUSAN J. PALMER
Defendant
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CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 26th day of January, 1998, I, Kent H. Patterson,
hereby certify that I this day served Defendant with the within
Complaint by depositing a copy of same in the United States mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to
Defendant as follows:
Susan J. Palmer
222 Brian Drive
Enola, PA 17025
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~nt H. Patterson
Attorney for Plaintiff
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
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COUNCIL OF WES1WOOU VILLAGE
CONDOMINIUM
Plaintiff
IN Tim COURT OF COMMON PLEAS
CUMUERLAND COUNTY,
PENNSYLVANIA
SUSAN J. PALMER
Defendant
CIVIL ACTION.LAW
No. 98-61 CIVIL TERM
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DEFENDANTS ANSWER TOGETHER WITH NEW MAlTER
AND NOW comes Defendant, Susan J. Palmer, and files this Answer, together with New Maller as
follows:
I. Admit in Part. Plaintiff should also include Mr. William Hicks' address, as he is the primary
source of all directions given and actions taken by the so-named Council of Westwood Village
Condominium.
2. Admit.
3. Admit.
4. Admit.
s. Admit.
6. Admit in Part. Plaintiff docs havc the duty to maintain, repair, and replace the common
clements. and to makc assessments and collections and payments as defined in the Declaration.
Howcvcr, Plaintiff has abdicated their duty in thc first part by:
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I) Issuing contracts for maintenance and repair of the condominium units without a
bidding process. without ALLOWING input from any homeowners, and with a clear
conflict of interest in the case of both the landscaping and painting/siding contracts,
which were awarded to Mr. William Hicks' company(s) while be was acting as
PRESIDENT of the Council of Westwood Village.
2) Allowing. witb FULL knowledge, grossly substandard work to be perfonned.
Examples include painting over rotten wood siding without first making any effort to
inspect or replace damaged materials, watering down the paint being used, initially
refusing 10 repair or replace obviously rotten wood siding & trim until repeatedly
requested by the homcowner, neglecting to repair or replace railings, patio walls and
doors. and hardware.
3) Perfonning work in a prejudiced and political fashion, i.e. ifa homeowner "supports"
Mr. Hicks, then the work needed to be perfonned on hislher condominium unit was
done with speed and quality. If a homeo"1Ier would not show their "support" for the
activities and wisbes of Mr. Hicks and the Council, then requests for repairs, etc. went
unheeded by botb tbe Council members and Property Management, Inc. The result
was an inconsistent and detrimcntal appearance to the Condominium units as a whole.
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6.1. Further. Plaintiff has violated the collection procedures by making assessments (either
regular or special) without allowing ANY Input or objections by the homeowners, either
written or in person during council meetings. Council arbitrarily set the omounts to be
collected and allowed no discussion or questions to be put forth by the body of
homcowners as 10 where the money wonld be spent or IF IN FACT WE AS THE
HOMEOWNERS WANTED TO SPEND IT in the first place.
6.2 When repeatedly requested to do so, both Council and PMI have refused to present any
evidence of contracts, eiUler original or copies, entered into with Mr. Hicks' or any other
companies contmcted for by Westwood Village Condominium. Yet they continue to have
frL'C hand in expending all funds collected without any accountability to the homeowners. 8
6.3 1llerefore,it is my opinion as Defendant, and Ule crux of the malter, that Plaintiff is in
violation, direct or indirect, of the Declamtion, and potentially of Criminal Code Section
41.13 by continuing 10 abdicate their fiduciary responsibility to the homeowners, myself
included, and to act in a manner that is self-serving, biased, and potentially criminal, with
no regard for or interest in the welfare of Westwood Village Condominium as a whole.
7. Admit.
8. Admit.
9. Admit in Part. As stated in Answer Pamgmph 6, Plaintiff did issue special assessments, but
without the input or agreement of the homeowners, within which group I om a part.
10. Admit.
I I. Admit.
12. Deny in Part. I, the Defendant, Susan J. Palmer. made payments direcUy to the Council of
Westwood Village, c/o Property Management. Ine. up until August of 1997, at whieh time I
began to remand the remaining and future payments to an escrow account in the name of and
held by the law finn of Said is, Guido, Shuff, and Masland, and managed by an agreed upon
homeowner, Patricia Vandrew.
12.1 Because there appeared to be no other relief from the dictatorial actions and policies of
the Council of Westwood Village, I joined with a group of homeowners in escrowing our
condominium fees (regular and special). See attached, Exhibit IA, the letter from the
attorney's office to PMI advising them of the action and reasons for this action. 'I Sf
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Therefore. Plaintiffs knew where the money was going, and that until the Courts ruled on the
suit by Ule homeowners, the money would CONTINUE to go there.
12.2 Again. attached is Exhibit 2A, a statement from Patricia Vandrew showing the balance
of money being held at the end of the year 1997 in the escrow account held by Saidis, Guido,
Shuff, and Masland. The amount indicated includes all of the regular and special fees for the
monUls of August through December of 1997 ($590.00), plus 2 back payments of$40.00 each
for the special assessments due for June and July of 1997 ($80.00).
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12.3 TIle total amount escrowed equals S670.00. Subtracted from the total alleged to be owed
on Exhibit A oflhe Complaint (SI637.72), this leaves $967.72. Sublract the alleged
"'egal and filing" fees ofSS67.72 leaves SIOO.OO, which is the balance of "late fccs"
alleged 10 be owed. According 10 the lelter submitted by the homeowner's attorneys, no
late fees may be assessed while this action is pending. Therefore, 1 as the Defendant, am
not in a delinquent stale after all.
13. Deny In Part. PlaintilTis empowered to collect delinquent assessments. However:
13. I Based on the infonnation in Answer Paragraph 12.3, this unit owner is NOT
delinquent.
13.2 PlaintilTmust abide by The Federal Debt Collection pra:~ct (15 U.S.C.A.
61692) and the Pennsvlvania Debt Colleclion Trade Practi lation (37 PA Code
6303). However. the following sections of the law(s) were violaled by Plaintiff:
"Cannot use harassing lactics such asoo.publishing lists ofdeblors."
303.3 WIlile engaged in the collection of debts, it shall be an unfilir or deceptive
act or proactice for a creditor or debt collector 10 engage in any of the
following acts or proactices:oo. (19) "Publishing a list ofdeblors who
allegedly refuse to pay debts, except 10 a consumer reporting ageney or as
otherwise pennitted by Slate or Federal law. "
They published my name in relation to their debl collection actions on the
Council's public bulletin board at Westwood Village's mail kiosk, not once, but
twice, as part of their alleged "meeting minutcs".
13.3 If the unit owner is not delinquent, then fees for interest, costs, filing fees, and
attorney fees are not collectible from the Defendant.
14. Deny in Part. PlaintilTmay incur legal fees in pursuit of this action. However, Plaintiffs need
not have incurred ANY expense if they had not pursued this frivolous and timewasting action.
IS. Denied.
16. Denied.
WHEREFORE, Defendant urges this Court to dismiss this Complaint.
222 Brian Drive
Enola, P A 17025
(7/7) 732-470S
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COUNCIL OF WES1WOOD VILLAGE
CONDOMINIUM
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNlY,
: PENNSYLVANIA
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I CIVIL ACTION-LAW
: No. 98.61 CIVIL TERM
v
SUSAN J. PALMER
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 14th day of Februaty, 1998, I, Susan J. PnImer, hereby certifY that I this day
served Plaintiff with the within Defendant's Answcr Together with New Matter by depositing a copy of
same in the United States mail, postage prepaid. at Camp Hill, Pennsylvania, addressed to Plaintiffs as
follows:
Grace Lovell, President
205 Louise Court
Enola, PA 17025
and
Property Management, Inc.
1300 Market Street
P.O. Box 622
LcmoYlle, PA 17043
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Sus J. Palmer, Defl:ndant
222 Brian Drive
Enoia, P A 17025
(7 I 7) 732-4708
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SAIDIS, GUIDO, SIIUFI~ & MA8LANI>
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A rROrF.5510NAI. COMrORA11OH
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John n. SlIke
Robert C. Saldls
Edward n. Guido
Oenrrray S. Shurr
Albert II. Moslnnd
Johnnn J. Oelly
Richard P. Mlslllsky
Scali D. Moore
DDVld J. Freed
w...t Shore orneel
2109 MOIket Slreet
Comp Hili. rA 17011
Telephone: (717) 737.3~0'
FDcslmlle: (717) 737.3~07
26 Well 1118h Slreet . I'o.t Omce Uox 560
Corll.le, "."".ylvn"ln 17013
Telephone: (717) 243.6222 . Fncolmlle: (717) 243.(,486
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Reply Th CorIL".
August 27, 1997
Property Management, Inc.
P.O. Box 622
Lemoyne, PA 17043-0622
Attn: James Stephens
Re: Westwood Village Condominium Assessments
Dear Mr. Stephens:
Please be advised that this office represents The Board of
Westwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village.
The purpose of this letter is to advise that all future
assessments from individual unit owners will be held in an escrow
account by my office, until the earlier of two occurrences:
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
Village Condominiums, which an equity action is to be
heard December S, 1997; or
2. Until the Council agrees to call a Special
Meeting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held.
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be the only fair and
reasonable way to go. The individual unit owners wish to express
that they are not ~1ithholding their assessments, and I can make
available the account information in the escrow account at any
time upon your request.
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717-243-6'
5RIOl5 GUIDO SHUFF
471 P02/02 RUG 27 .~, 15140
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Property Management, Inc.
James Stephens
August 27, 1997
Page Two
I specifically put you on notice that these assessments are
being collected, and the money is being reserved, so that no
interest or late charges are to be aesessed against the unit
owners, and no liens may be placed against -the homeowners'
property during the period that the assessments are held in
epcrow.
Hopefully, this matter will be resolved in short order. It
is to everyone's benefit that this matter be resolved quickly, at
which time the funds can also be released to the Property
Management Company.
If you have any questions regarding this, or need. any
additional information, please do not hesitate to contact me. In
the event that you are represented by counsel df your own, please
have him or her contact me to discuss this as well.
Thank you for your cooperation and patience in this matter.
Very truly yours,
SAlOIS,
JJO/rlm
MASLAND
cc. Carol Novasat
Sherri Akens
Kent Patterson. Esqui-re
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WESTWOOD VILLAGE CONDOMINIUM
STATEMENT OF ESCROW FUNDS- 1!>>97
Nwne: Susan Palmcr
Addrcss: 222 Briwl Drivc Enola, P A 17025
Months Paid: August, Septembcr, October, November, DI~cember
Total Amount Paid: $590.00 (plus $80.00 additional payment)
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Dear Unit Owner:
Enclosed is a statcmcnt ofthc Wcstwood Village assessment fees you hove paid into
cscrow for the year 1997. If you fcelthcre are MY discrepwlcics with your rccords please
do not hesitate to contact me. All funds are safely dcposited in on account held by the
lawfirin of Said is, Guido, Shuff & MaslMd.
A major victory has been won as far as our rights to escrow our assessments. SUSM Palmer .
defended herself against a civil suit filed by Council Md PMI for delinquent fees. SUSM
went up against Williwn Hicks Wld Williwn Bopp - Council mcmbers, Mr. Robert Maxwell
- PMI, Wld Kent Patterson - attorney for Council. The District Justice ruled that she was
well within her rights. Council collected nothing Wld was responsible for $800.00 in court
costs. (Another exwnple of their misuse of our funds.)
We are hopeful that you will take this as a good sign that we are doing the right thing. The
only success we have had in gaining a response from Council is by cutting off their funds.
Please continue submitting your monthly fees to me Wld they will be deposited with our
attorney.
Please urge your neighbors and friends to join us in this legal protest against the
actions of Council.
The trial between the Concerned Homeowners Wld Council took place December 5, 1997.
Our attorney, Karl Ledebohm, did Wl excellent job of presenting the facts. We feel it went
well but the final decision rests with Judge Oler. As soon as his decision is forthcoming
you will be notified. Hopefully the Judge was able to see firsthWld what we have been up
against for the past 18 months. Council's defense was that the unit owners have to abide
by the wording oCthe Code of Regulations - - - - but they don't.
A meeting is being planned to discuss our next steps. Watch the bulletin board at the end
of the mail kiosk for more information.
Thank you for your support in our efforts to restore our rights in Westwood Village.
Sincerely,
i1t~~1Crve~
Patricia V Wldrew
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APPEARAUCESI
16 GHUHAKER WILLIAMS
BY I DAVID R. BRESCllJ, ESQUIRE
I" rOR . PLAWTIFr
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nALZMAtltl , DEPAULIS
BYI ANti r. DePAULIS, eSQUIRE
FOR - DEFENDAUT
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ItIDEX TO TESTIMOtlY
2 DEPOtlENT
EXI\HWATION
PAGt::
3 SUeen J. Palmer'
BV Hr'. Br-alchi
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12 INDEX TO EXIIJOnS
13 tlo. DESCRIPTION
PACP;
14 1 Lattar' to Hr. Stephana, 8/27/97
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15 2 Letter rllQ/llrdinQ aecrow Account
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163 Notica trom council rllQardlnQ "aerow
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17 4 Letter tr-Otn Sharrl Akan., 9/3/91
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18 !l. LattaI' to Hr. Stonar tr-Otn council
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19 (; Letter- to unit owner-s tram Pat Vandrew
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STIPULATIOII
1 II Is hereby stipulated by and between the
3 respective parties that all objections, except as to
4 the form o[ the question, are reserved until the time
50[ trial.
6
1 SUSA/l J. PALIlER, called as a witness, being
8 duly sworn, was examined and testl[led as [ollows:
9 BY HR. BRESCHI:
10 Q. Could you state your [ull name and address
11 [or the record, please?
11 A. Susan J. Palmer. Susan Jacqueline Palmer,
13 112 Brian Drive, Enola, Pennsylvania.
14 Q. Hs. Palmer, my name Is David Bresch!. I'm
15 the attorney for the Council of Westwood Village. And
16 this is a deposition. Before we get started, I'm going
11 to give you a couple of the ground rules and a couple
18 of things that will more likely occur today during the
19 deposition.
10 First of all, you are under oath, and so your
11 questions will be answered truth[ully. Are you aware
11 o[ that?
13 A. Yes.
14 Q. I would ask that when you respond to the
15 questions, that you respond orally through a yes or no
,
1 as opposed to a nod o[ the head. Do you understand
1 that?
3 A. Yes.
4 Q. And I would ask that when I ask you a
5 question that you allow me to complete the question
6 before you respond. Do you understand that?
? A. Yes.
8 Q. If at any time I ask you a question and you
9 are at all confused or don't understand the question,
10 please indicate so and I'll attempt to rephrase it. Do
II you understand that?
11 A. Yes.
13 Q. If you do respond to the question, I will
14 assume that you do understand the question. Do you
15 understand that?
16 A. Yes.
11 Q. If you, at any time, need to take a break or
18 you want to consult with your attorney, please announce
19 that request to me and we'll let you take a break or
10 consult with the attorney. Do you understand that?
11 A. Yes.
11 Q. At this time are you under the influence of
13 any drugs or alcohol that would impair your ability to
14 accurately and truthfully answer these questions?
15 A. No, I am not.
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I O. Could you state your social security number
2 for us, please?
3 A. 030-46-9311.
4 O. And you stated that you reside at Brian
5 Drive?
6 A. Yes, I do.
1 O. And how long have you been residing at Brian
8 Drive?
9 A. Three years as of July 13th, 1995.
10 O. Where did you reside prior to Brian Drive?
11 A. 59 Pine Ridge Circle, Enola.
12 O. And how long did you reside at Pine Ridge
13 Circle?
14 A. Two years.
15 O. And prior to Pine Ridge Circle, where did you
16 reside?
11 A. 12 Carlton Court, Camp Hill.
18 Q. And how long did you reside there?
19 A. Three years, I think.
20 Q. Was your residence at Pine Ridge Circle a
21 condominium?
22 A. No, it was not.
23 Q. How about you residence at Carlton Court?
24 A. Single-family.
25 Q. Single-family home?
1 A. Yes.
2 Q. With whom do you reside at Brian Drive with?
3 A. Hy daughter, Sara Palmer, and my son, Corey
4 Palmer. Hy daughter, Sara Palmer, is in college. She
5 will be attending NYU as of August 30th. So she won't
6 technically reside there anymore. But that's her legal
1 address.
B Q. And your son, Corey, you said.
9 A. Corey Palmer. He'll be a senior at East Penn
10 High School this year. He's a minor.
11 Q. Are you married?
12 A. No, I am divorced.
13 Q. What year did you get divorced?
14 A. January 24th, 1995.
15 Q. Was your residence at Brian Drive your first
16 residence that you lived at following your divorce?
11 A. I was divorced while still living at Pine
18 Ridge and then purchased the condo that summer.
19 Q. How long were you separated before your
20 divorce?
21 A. Three months.
22 Q. What's your birth date?
23 A. I0/18/5B.
24 Q. Where did you go to high school?
25 A. Classical High, Springfield, Hassachusetts.
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1 O. What year did you graduate?
2 A. 1916.
3 O. Did you attend college?
4 A. I took courses, but not enrolled as a
5 full-time student.
6 O. SO you don't have any degree past high
1 school?
8 A. No.
9 O. Can you give us a brief surrmary of your work
10 history from 1916 to the present?
11 A. No. Hostly part-time work until I came to
12 Pennsylvania in 1990. And then I worked briefly at
13 Harriet, Two -- Harriet comma Two -- as a bookkeeper
14 and secretary. And then on January 28, '91 I became
15 employed at Pennsylvania Blue Shield. And I am
16 currently there now.
11 O. What's your job with Blue Shield?
18 A. I am now an associate HRIS programer.
19 Q. HRIS programer?
20 A. Yes.
21 Q. And what does HRIS stand for?
22 A. Human Resources Information Systems.
23 Q. And what is your role in that job?
24 A. Writing reports, utilizing the human
25 resources software to get information out of it on
6
1 request, etcetera. Things like that.
2 Q. At any time during your career, working
3 career, did you work for an attorney?
4 A. Yes.
5 Q. Can you tell us when you did that?
6 A. Briefly in, like, Harch to July of 1990 I
7 worked for -- I can't remember their name.
8 Q. Was it a local Harrisburg firm?
9 A. No, it was in Springfield, Hass.
10 HS. DePAULIS: Do you remember the name of
11 the firm?
12 THE DEPONENT: No. That's what I can't
13 remember.
14 BY HR. BREseHI:
15 Q. What did you do for the law firm?
16 A. Secretarial, part-time.
17 Q. At any time during your working career, did
18 you work for a property management company?
19 A. No.
20 Q. Go ahead. You were going to say something.
21 A. I've worked for real estate agencies, but not
22 property management.
23 Q. When did work for real estate agencies?
24 A. The two years prior to my working for the
25 attorney's firm.
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1 Q. SO 1988 to 1990, you workcd for a rcal cstatc
2 agent?
3 A. Yes.
I Q. What did you do for them?
5 A. Originally secretarial, and thcn in 1990, I
6 received my real estate agent license and was an agcnt
7 briefly for one firm.
8 Q. As a real estate agent, did you sell
9 condominium units?
10 A. No.
11 Q. Before you purchased the condominium on Brian
12 Drive, were you familiar with how condominium
13 self-governments or condominium organizations were set
11 up and run?
15 HS. DePAULIS: Do you in mean In general?
16 BY HR. BRESCHI:
17 Q. Just in general, not specifically Westwood,
18 but just in general how condominiums work.
19 A. I can't think. I was aware that they were
20 governed by some type of councilor board or 9rouP.
21 But I just knew there would be a governing body.
22 That's all I really was aware of.
23 Q. SO you didn't have any experience wi th
24 condominiums or condominium associations when you were
25 a real estate agent?
1 1\. No, I did not.
2 Q. Did you ever serve in the military?
3 1\. No, I did not.
4 Q. Let's talk about your involvement here at
5 Westwood Village Condominiums. Can you tell us how you
6 first became aware of Westwood Village Condominium?
7 1\. Before purchasing?
8 Q. Before purchasing.
9 1\. Real estate ad. I was looking in tha homes
10 magazine, I was looking for a home with much less
11 maintenance than I had, that was lower in price than I
12 was currently carrying as a mortgage. It fit the bill.
13 Q. And you needed less maintenance because you
14 were a single mom at that point?
15 1\. Yes.
16 Q. When you read the ad in the magazine, what
17 did you do?
18 1\. Called the agent handling it and scheduled an
19 appointment to see it.
20 Q. Who was the agent?
21 1\. It was with Gaughen.
22 Q. Jack Gaughen?
23 1\. Yeah. Lynn Peiffer WdS her na~,e.
24 Q. Did you meet with Hs. Peiffer?
25 1\. Yes.
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1 Q. I\nd you went through the residence?
2 1\. Yes.
3 O. I\nd can you tell us what happened after you
I went through the residence?
5 A. I cringed. It had never been rcmodeled nor
6 reno~atcd in the 20-something years since It had been
7 bullt. It was a rental property. I\nd I was like,
8 whoa, a lot of work here. But, it had the right amount
9 of space. And I liked the area. I wanted to stay in
10 East Penn. And I said, I'll take it. I made an offer.
11 They made a counteroffer. It was accepted.
12 Q. Now, before you made an offer to purchase the
13 property, did you discuss with Hs. Peiffer any details
14 regarding condominium living and living in a
15 condominium association?
16 A. No, I did not.
17 Q. Can you tell us what your understanding
18 would-- as to what your responsibilities would be, if
19 any, In living In a condominium association?
20 A. I would pay a set amount of money, and they
21 would take care of the exterior or whatever their
22 responsibilities were; mowing, painting, snow removal,
23 etcetera.
24 Q. What else was your understanding about living
25 in a condominium association?
10
12
I 1\. I got to use the pool.
2 Q. I\nything else?
3 1\. That was pretty much it.
4 Q. How about limits on what you could do with
5 your property, were you aware of those?
6 1\. I was aware of those without her having to
7 tell me. I knew that being that they were joined as
8 one type of block, I couldn't decide to put up a deck,
9 make an addition, tear down walls, etcetera, without
10 permission of going to council and requesting
11 permission. I understood that.
12 Q. When you moved in, did you receive a copy of
13 the declaration of the condominium?
14 1\. No, I did not.
15 Q. How about a copy of the code of regulations?
16 1\. No, I did not.
17 Q. Did you know they existed?
18 1\. I\t the time, no. I was not aware that -- put
19 It this way, I knew there were rules and regulations.
20 I hadn't seen them.
21 Q. Did you, at any time, ever request to see
22 copies of those documents or caples of rules and
23 regulations?
24 1\. No.
25 Q. Why not?
":1
I
I
....0,
,.
A. There was no need at the time.
2 O. When you went to settlement ror the property,
3 were you curious as to what the rules and regulations
4 you were going to be under as a condominium owner?
5 A. How to put this, just In a very basic sense
6 as far as I knew, I couldn't have loud parties. J knew
1 I couldn't paint my house pink. I knew I couldn't do
B things like that. I wasn't Interested In delving into
9 the nuts and bolts of every rule and regulation In
10 there. I was a law-abiding citizen. I had been a
11 homeowner for 20-something years.
12 I understood how you treat your neighbors and
13 your property. And I wasn't interested. I really, at
14 the time, did not know that I should have delved into
15 them a little further, being what the future was going
16 to hold.
17 O. SO at the time of closing, you did not or
18 were not provided a copy of declaration?
19 A. Not that I know of, no. And I have looked --
20 I have all my closing paperwork from all of my 900
21 houses -. and I exaggerate -- and I cannot find a copy
22 of them in there. They were not provided to me at
23 settlement.
24 O. And didn't ask for them?
25 A. No, I did not.
1 Q. And you moved in to your condominium in July?
2 A. I moved in AU9ust 1st. I closed on it July
3 l3th, did sone renovation on it and moved in AU9ust
4 1st.
5 Q. Now, the renovations that you did, were they
6 to the interior of the condominium?
1 A. That is correct.
e Q. Did you get any permission from the
9 condominium association to do those renovations?
10 A. No.
11 Q. Did you ask anybody whether or not it would
12 be a problem that you did the interior renovations to
13 the condominium?
14 A. No, I did not.
l5 Q. Did anyone say anything to you about doing
l6 the interior renovations?
17 A. No, they did not.
18 Q. Were they major renovations -- major, I mean
19 structural renovations or simply painting and
20 wallpapering?
21 A. They were cosmetic, but they were flooring,
22 bathroom fixtures and toilet and vanities, those type
23 of things. No structural changes were made. Halls
24 were not moved, etcetera. So it wasn't just painting,
25 but it wasn't structural.
13
15
I O. SO you moved In August 1st, 1995. Is that
2 cor rect?
3 A. That 19 correct.
4 Q. When did you begin making payments to the
5 condominium association?
6 A. The following month that I was required to.
1 Q. Did you receive a payment booklet from the
B condominium association or PMIl
9 A. Yes, I did.
10 Q. And did you receive that at closing or
II immediately following your moving in August?
12 A. The owner did not hand over his payment book.
13 I called PMI and requested one, and they did mail one.
14 Q. Old you know what the monthly payment,
15 condominium payments, were before you moved in?
16 A. Yes, I did.
11 Q. Were you aware that council, governing
18 council, for the condominium association could Increase
19 those payments --
20 A. Yes.
21 Q. -- before you moved in?
22 A. Yes. I was aware that they controlled the
23 amount being assessed to the condominium owners.
24 Q. Do you know anyone who lived in Westwood
25 Village prior to moving in?
14
16
1 A. No, I did not.
2 Q. Did you know anyone that served on council
3 before you moved in?
4 A. No, I did not.
S Q. SO you moved in. You began making your
6 condominium assessment payments. Can you tell us when
1 you first had a complaint about how the condominium
8 association was being run?
9 A. Probably in late '96.
10 Q. Late 1996?
1I A. Yes.
12 Q. SO from August of 1995 until...
13 A. Fall.
14 Q. Fall of '96. Were you pleased with how
15 things were going for you living in the condominium and
16 being part of the condominium association?
11 A. Yes.
18 Q. You didn't have any complaints?
19 A. No.
20 Q. Now what occurred in the fall of 1996 to
21 cause you concern?
22 A. There seemed to be rumblings back and forth
23 about dissention between the board and the council.
24 There were talk of incidents of the council's behavior
25 at meetings -- which I had not attended -- in the way
I of being rude or Ignoring or out-and-out nasty to the
2 homeowners. And I started wondering what was going on
J with that. Out I was stIll not Involved with that.
4 Q. Who was telling you this Information?
5 A. I don't remell'l>er.
6 Q. Do you know patricia Vandrew?
7 A. Yes, I know her.
o Q. Where does she live?
9 A. Around the corner from me.
10 Q. Are you friends with her?
II A. I'm an acquaintance of her. We do not have
12 coffee together.
13 Q. Old you ever speak to Patricia Vandrew about
14 some of the concerns that you testified to?
15 A. Not at that time.
16 Q. Do you recall anyone, in particular, who you
17 were talking to regarding those concerns you just
18 expressed?
19 A. No. Simply because at that time I didn't
20 know anyone there. It would have been at one of the
21 meetln9s or out, like, In the parking lot walking by.
22 And I keep very much to myself. And I really -- I'm
23 not an outgoing person. I didn't go door to door and
24 say, high, I'm Sue. Nice to meet you, that thing of
25 kind. So I was friendly to them, but I didn't know
I them. I didn't know their names or whatever.
2 Q. Do you know their names now?
3 A. Yes, I do.
4 Q. Can you tell us who those individual people
5 were that were telling you?
6 A. I can't remember who said it or who was
1 saying these things. There were many different sources
o of the unrest going on. I can't attribute a particular
9 statement to anyone person, because I can't remember
10 what I had for breakfast last week.
II Q. I'm not asking you to give me particular
12 statements or specific statements, I'm just saying
13 generally, general conversations regarding other
14 peoples' concerns about what was going on, the names of
15 people that you would have discussions _ith.
16 A. I'd like to speak with my counsel for a
11 moment.
10
19
IDlscussion held off the record.)
THE DEPONENT: Can you repeat the question?
IWhereupon, the reporter read from the
20 record as requested.)
THE DEPONENT: Some of the people I had
21 discussions with -- but I stili can't attribute
22 specific statements to. But It would have been Pat
23 Vandrew, Carol Novosat, Ann Nlsson. There _ere others,
24 but to this day, I stili don't know their names.
25
11
19
1 Q. 1I0w did you meet Ann Nlsson?
2 A. At the council meetings -- council meotlng.
1 I didn't know who she was at the time. Later on, I was
4 able to go, oh, somebody had said, that's Ann. She's
5 president of the board.
6 Q. How about Carol Novosat?
1 A. She's my neighbor.
8 Q. Next door to you?
9 A. Exactly next door to me. Directly next door
10 to me. Pat is a couple down from me.
11 Q. SO you would have had conversations about It
12 with Carol during this time?
13 A. Yes, every so often; not frequentiy.
14 Q. And these conversations and complaints that
15 you receIved from Carol and Ann and Pat Yandrew
16 Involved their concerns about how council was
11 conducting meetings and treating homeowners?
18 A. Yes.
19 Q. Now, at this point, you had not attended any
20 council meetings?
21 A. At that point, no.
22 Q. And at that point, you had not had any
23 negative experiences with council?
24 A. No. At that point, no.
25 Q. So can you tell us what occurred then In the
18
20
I fall of 1996, after you heard these concerns from Carol
2 Novosat, Pat Vandrew, what you did?
3 A. I started making it my business to attend
4 council meetings to see what, in fact, was going on,
5 and to hear what they had to say, and see how meetings
6 were conducted, etcetera.
1 Q. Why did you do that?
8 A. Because I was concerned.
9 Q. Why?
10 A. There was trouble in paradise. I wanted to
II check It out. My interests were involved in that. I
12 wanted to see what was going on. They supposedly were
13 to represent me as a homeowner. I wanted to see what
14 my representation was doing.
IS Q. You began to get concerns about council,
16 hearing these concerns from other homeowners?
17 A. Yes.
18 Q. Nere there any allegations from these
19 homeowners regarding mismanagement of money or funds?
20 A. Not at that time.
21 Q. Nas it basically concerns about how they w~re
22 treating homeowners?
23 A. Yes. And how they were bringing up issues at
24 meetings and being basically told to shut up, sit down
25 and mind your own business. And they were addressing
I councils' lunds, etcetera.
2 Q. Old you receive any concerns about how the
J board was handling Its allalrs?
4 A. No.
S Q. Old you know that these women were members 01
6 the board at the time?
7 A. Not at that time, no. In lact, as a
8 homeowner at that time, I didn't even know what each
9 lunction was performed by each. And that Is shared by
10 many homeowners In there.
II Q. When was the lirst council meeting you
12 attended?
\J A. I can't give a date.
H Q. Was It In lall 1996?
15 A. I can't answer without referring back to the
16 file folder I have at home with all the correspondence
17 In it of the council things that were handed out. I'm
18 not sure if I started attending them in the fall of '96
19 or into the winter of '97.
20 Q. Can you tell us what happened when you began
21 attending these meetings?
22 A. I was very unsettled with how they were being
23 conducted and with the behavior of some of the council
24 members toward the homeowners. And I just got a
25 feeling of general confusion amongst the homeowners and
I general contempt among the council members for the
2 homeowners.
3 Q. Who was on council?
4 A. At the time?
5 Q. Yes, ma'am.
6 A. Hr. William Hicks as president, Hs. Sherrl
7 Akens as vice-president, Hr. William Bopp as treasurer.
8 And I'm not sure -- there were two other members. I'm
9 not sure who the other two were.
10 Q. Did you attempt to say anything at these
II council meetings?
12 A. No.
13 Q. Now, I think the council meeting is In the
14 spring of every year, the annual meeting. Is that
IS correct?
16 A. The annual meetings.
17 Q. Were there other meetings for some reason?
18 A. There were monthly meetings.
19 Q. That you were attending?
20 A. Yes.
21 Q. And then did you begin attending them on a
22 regular basis?
23 A. Yes. And then they began to stop having
24 them.
25 Q. What happened next? You attend some council
21
I meetings and you witnessed llrsthand the way council Is
2 handling or treating those meetings. Can you tell us
3 what happened next?
4 A. In the spring 01 '97, I believe, they put
S lorth a special assessment lor the purpose 01 painting
6 and wood replacement, the siding replacement, and
7 roofing 01 all the condominium units, to be done in
8 phases. What shocked me was that assessment was made
g with no Input Irom the homeowners. They relused to
10 give any background as to how they came to the figure
II they assessed. And they pretty much shut down the
12 homeowners as far as being able to question them. It
13 was shut up, go home and pay it.
14 Q. This was in the spring?
IS A. Yes. It was quite an extraordinary amount.
16 Q. How much was the assessment?
17 A. Hy basic assessment is $78. They assessed me
18 an additional amount of 40 on top of it.
19 Q. Old you complain to council?
20 A. Not in written form.
21 Q. Verbally?
22 A. Actually, I take that back. Yes, I did
23 complain in written form when r sent that payment in --
24 or the first few payments alter it was to become in
25 effect. I said, this is ludicrous. They took the
22
I money. No response.
2 Q. SO you wrote a letter with your check?
3 A. I wrote it on the payment coupon.
4 Q. Then what happened?
5 A. continued to pay it. Things continued to get
6 worse.
7 Q. How so?
8 A. They began doing substandard work. They
9 began to...
10 Q. When you say substandard work, do you mean
II substandard work to the repairs or to the condominium
12 units themselves or substandard work as council
13 members, in general?
14 A. Council was responsible for monitoring the
IS work that was being done amongst the units. They
16 turned a blind eye to the work being done, being that
17 it was done by the council president. Rotten siding
18 was left and painted or it was removed and turned
19 around and painted or it was just plain old painted
20 over and they were told, live with it. That's what you
21 get. It was outrageous.
22 Q. Was this done to your --
23 A. Yes.
24 Q. -- to your condominium unit?
25 A. When they got -- they worked down -- they
23
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I were working down the back of the units in my -- I had
2 a fireplace extension sticking out, plus I have a
J two-story. There was a hole in the siding In one of
4 mlne-. and wood surrounding my fireplace was totally
5 rotten. They began to Just -- they taped and were
6 beginning to paint.
7 And Friday -- Thursday or Friday came along
8 at the time they were going to paint, and I called PHI
9 and said, don't even think about It. They had every
10 Intention of just continuing on. If I had not said
II something, they would have painted over that rotten
12 wood. They wouldn't have bothered to replace any wood
IJ that had holes in it, or recaulk or anything else
14 unless I had complained on that.
IS That's just one Instance. There are many
16 others where they didn't complain, and it was horrible.
17 Q. And this was during the spring of '971
18 A. As the work progressed, yes. It had to be
19 the spring of '91; spring, summer, fall, In through
20 that year.
21 Q. Oid council respond to your complaints and
22 replace the wood?
2J A. PHI replaced the wood.
24 Q. Council Is In charge of the work that goes
25 into the units, correct?
1 A. Yes. lie are to contact PHI for any direct
2 requests for maintenance, for replacement, for
J anything. lie didn't get In touch with any council
4 members. They were unlisted.
5 Q. Any other complaints about work on your
6 property between spring and fall of 1991?
1 A. I requested that they replace or repair my
8 front patio, which is a cement patio. It is damaged
9 from either salt or whatever. But it should be
10 resurfaced. Yeah, yeah, yeah, we'll get to it, was the
11 response.
12 I also have water -- poor water drainage
iJ there also. I get two and three inches of water every
14 time it rains, right by my door. We'll get to it.
15 Q. Have they gotten to It?
16 A. No.
17 Q. SO you began having some of these problems in
IB the spring and fall of 1991. What happened after that?
i9 A. They began stepping up their assault on the
20 board. Council began this smoke screen action about
21 merging the board and council, and it would be a much
22 better place if we did this.
23 And it got awful political, very confusing,
24 and didn't seem to serve any purpose except to disguise
25 what Hr. Hicks was accompiishing with our money. Which
25
27
I In ~y opinion, was to suck in as much as possible for
2 himself.
J O. So what did you do?
4 A. I complained. I went to the police
5 department In East Pennsboro. It's a civil action,
6 they told me. I called the district attorney's office.
1 It's a civil action, they told me. I'm not a
8 millionaire. And I'm not about to bring suit against
9 him for embezzlement, fraud and violation of the
10 criminal code, where he has broken his fiduciary
II agreement to represent us as a council member. I don't
12 have the money to pursue that. So, the next best thing
13 was nothing.
14 O. SO when did you call the police?
15 A. Probably in late winter, early spring of '98.
16 O. SO It was in the beginning of 1998?
17 A. Somewhere around there. I would think
18 somewhere toward like February or Harch.
19 O. And you phoned the East Pennsboro police?
20 A. Yes, I did.
21 Q. And what did you tell them?
22 A. I told him that I had reason to suspect that
23 this man and all the council members were embezzling
24 our money.
25 Q. What did they tell you?
26
28
1 A. It's a civil matter. It's not our problem.
2 O. IIhat evidence did you have that they were
3 embezzling money?
4 A. There's a lot of money going out and not much .
5 to show for it. $250,OOO-worth of special assessaent
6 did not show up in our condominium association in our
1 units. I'd like to know where it's going.
B O. Ooesn't council give you a budget,
9 end-of-the-year budget at the annual meeting to show
10 you where the money's going?
11 A. Not foc '9B, they didn't. They showed us
12 proposed. They showed us '91s budget, and that was
IJ that. And if you inquired, you were stonewalled.
14 Q. You phoned the attorney general's office, did
IS you say?
16 A. Yes, I did.
17 O. Old you tell them the same information?
18 A. I said the district attorney's office.
19 O. What did they say?
20 A. It's a civil matter.
21 Q. Then what happened after you did that?
22 A. Complained and moaned to myself mostly, but
2J felt powerless that nobody gave a flying fig what was
24 going on in that condo development. And that we were
25 at the mercy of this council who had all the power to
1 do whatever they want, and we had nothing. And yet
2 they were to represent us. It was pretty [rustratlng.
3 O. Were you aware o[ the ability o[ the
4 homeowners to vote out the existing council members?
5 A. We became n I became aware o[ that In the
6 spring when they retained Saldls, Guido, Shurr and
? Hasland to represent them. And that was their
8 recommendation, do an election, which Is a bunch o[
9 crap. 8ecause as soon as you vote one out, they
10 replace him right back on. It was an exercise In
II futility, and a joke In the process.
12 O. SO what you're saying Is, Is It [raud, did
13 the council engage In fraud when they count the votes
14 or something?
15 A. There was a question, from what I
16 understand-- and I didn't get deeply involved In that
I? Issue. I was more concerned about the siphoning of
18 money, which the attorneys from -- didn't seem to want
19 to follow that one up.
20 But from what I gather, many of the ballots
21 had come back opened, which Is a violation of the way
22 the election should have been conducted. So they could
23 have tampered with whatever they wanted to. And that's
24 my understanding. So they felt that there had been
25 fraud committed.
O. Who's they?
2 A. The homeowners, a group of the homeowners
3 that were at that election meeting.
4 O. At some point did some of the disgruntled
5 homeowners form a group?
6 A. Yes, we did.
1 O. Do you remember when you did that?
8 A. Spring of '98, I believe. We started meeting
9 as a group of concerned homeowners.
10 O. On a weekly basis?
II A. It wasn't a set schedule. As certain issues
12 would come up we'd say, we need a meeting. And they
13 would advertise it there would be a meeting, and we'd
11 have one.
15 O. How many people would attend those meetings,
16 on average?
11 A. At some times there was over 30 people __
18 more than that. The room was full. And then at other
19 times, depending on the timing of the meeting, there
20 might be only 20.
21 O. Old it appear to you that the homeowners that
22 you were meeting with represented a minority of
23 homeowners in the community?
24 A. They didn't represent -- they represented
25 anyone who was dissatisfied with what was going on.
29
I Anyone was free to attend these meetings. But a good
2 many o[ the homeownors just Celt that I! they put their
3 head In the sand and be good little dubbles, It will
4 all go away. So there was a good proportion of
5 homeowners that were -- what do you call that when you
6 just aren't Involved, either side. You don't want to
1 be Invol ved.
8 O. Just ignored It?
9 A. Yes. Or else they foared the consequences
10 that had been Intimated to them, that If they
11 participated or I! they joined up, liens would be put
12 on their homes. They might not get any service or any
13 maintenance done to their homos. There were threats.
14 There were -- they did a good job of making sure not a
IS hole bunch of people wanted to join up.
16 O. But you stili had about 30 or so homeowners?
11 A. Yeah, or more at first.
18 O. At some point, was there a discussion about
19 escrowing your condo fees?
20 A. Not at the beginning.
21 O. When did that come up?
22 A. Early SUMer.
23 O. Who suggested that?
24 A. The attorney.
25 O. Which attorney?
30
I A. The ones In Saidis, Guido. Pick a number,
2 there were five different ones at a point. They handed
3 that off like candy to each attorney.
4 O. What did they tell yOU?
5 A. They had finally suggested to escrow the
6 funds until -- I don't know how they ended up picking.
1 on that particular issue of the election, etcetera, as
8 a means of escrowing funds. I was all in favor of
9 escrowing my money just to dry up the cash cow a little
10 bit, and possibly make them stop and have to account
II for where their money was being spent or not spent.
12 That's why I escrowed my money.
13 O. Did you escrow your money before the rest of
14 the homeowners did?
IS A. No, I did not.
16 O. Are you sure of that?
11 A. Yes.
18 O. Do you remember the first date you escrowed?
19 A. I have the original checks.
20 O. Well, why don't you tell us that.
21 A. Hy first escrow check was in June of '91.
22 O. Where did you send that escrow check?
23 A. Saidis, Guido, Shuff and Hasland.
24 O. And what was your reason for escrowing that
25 check that day?
31
3~
1 A. Because I thought -- I assumed fiMlly
2 something was going to be done about the management,
3 mismanagement -- that they would be called to account
I for their behavior and actions up to this point, and
5 that maybe we would get some relief from this. My
6 assumption was to get rid of them all.
1 Q. And how did you think that was going to occur
8 by your escrowing?
9 A. I figured if enough people escrowed, they
10 could not continue to ignore us, that they would have
11 to either sit down with us and meet some conditions
12 here or -- I don't know -- or else.
13 Q. Was your escrowing done as part o[ a group
14 effort to get their attention?
15 A. I guess by escrowing all In a group -- we all
16 escrowed to the same attorney, as a group. We were
11 hoping it would cause some action or accomplish
18 something.
19 Q. You mentioned just before in your testimony
20 that you were hoping to get council's attention and
21 stop ignoring us. Would you say that that's an
22 accurate reason why you escrowed the money?
23 A. Yes.
24 Q. Began escrowing money?
25 A. Yes, absolutely. Because up to that point,
1 they could have cared less. Why should they stop
2 behavlng-- acting or not acting what they were doing.
3 They were getting their check every month. Why should
4 they change.
5 We take away their funds for a little while,
6 oops, that's what they were there for. Take It away,
1 you're going to get their attention.
8 Q. Did you get their attention?
9 A. Bingo.
10 Q. Can you tell us what happened?
II A. All kinds of correspondence started flying
12 back and forth. First they attacked us, or tried to,
13 through deception. They sent lots of correspondence to
14 all the homeowners that they can't do, for one thing.
15 You can't do this. We don't recognize this as any type
16 of legal thing.
11 Second of all, they tried -- they threatened
18 people or intimated to people that if you escrow,
19 you're in deep trouble. So it scared a lot of people
20 and they did not participate. Third, they started
21 pursuing us legally for the funds. I was first.
22 Q. Why did you think that you were first?
23 A. Because I wrote them a piece o[
24 correspondence In September telling them that basically
25 they were a bunch of crooks, and my money is staying In
33
35
I escrow, and they know where the hell It Is. And when
2 the action comes to be, they'll get their money or not,
3 depending on what the judge says.
4 In the mean time, ( am not delinquent and I
5 never was. The end.
6 Q. What action are you talking about?
1 A. The equity action that Saldls and Guido
8 brought against the council.
9 Q. On behal[ of whom?
10 A. The homeowners.
II Q. Are you sure it was a homeowner action?
12 A. I know four of the homeowners had to sign up,
i3 or however that works, to bring suite against them,
14 Carol Novosat, Pat Vandrew and Barb Horgan and a forth.
15 I'm not quite sure which one It was, whether It was Ann
16 Nisson or Claude Skelton. I'm not sure. There were
11 four o[ them.
18 Q. You weren't a party of that lawsuit, were
19 yOU?
20 A. No, I was not.
21 Q. Old anyone lead you to believe that you were
22 a party to that lawsuit?
23 A. The group of homeowners -- let me clarify.
24 Which lawsuit are you talking about? There were many.
25 Q. The one that you're talking about that
34
36
I relates to your escrowing.
2 A. Yes.
3 Q. Hy question is: Did anyone tell you that you
4 were part or a party in that lawsuit?
5 A. During a discussion with all the hcaeowners,
6 it was imparted to us that we were all a party to that,
1 even though all our names were not on it, that Saldis
8 and Guido would not bring any action without having any
9 person or persons to be the person to charge them.
10 Q. In other words, they needed four
11 representatives from the homeowners?
12 A. Yes.
13 Q. Is that what they told you?
14 A. I don't remember a number being specified.
15 Four of them volunteered, that I know of. I don't know
16 how those four were chosen or not chosen or why there
11 weren't more. I don't know.
18 IPalmer Deposition Exhibit No. 1 was marked.)
19 BY HR. BRESCHl:
20 Q. Hrs. Palmer, I've just handed you a document
21 that we've identified as Palmer Number 1. Could you.
22 review that document, and if you know, tell us what
23 that is.
24 A. This was the notice to Property Management
25 letting them know that our money was going to be
I escrowed and for what purpose.
2 Q. Do you see the date there?
3 A. Yeah.
4 Q. Do you recall that after reviewing this date
5 that you began escrowing your money In 1991 as opposed
6 to 199B?
1 A. Yes. I'm sorry. I got my dates messed up.
B Q. SO your first escrowing would have occurred
9 some time in April of 19911
10 A. June.
11 Q. June of 19911
12 A. Yes.
13 Q. You did that before this letter went out,
14 this' August 21, 1991 letter. Is that correct?
15 A. Yes.
16 Q. In June 1991, did the law firm of Saidis,
i1 Guido, Shuff and Hasland represent you?
IB A. Not me specifically.
19 Q. In August of 199?, did the law firm Saidis,
20 Guido, Shuff and Hasland represent you?
21 A. They held my money. If that means they
22 represented me, 1 guess they did.
23 Q. Did you, at any time, sign a fee agreement?
24 A. No, I did not.
25 Q. Did you have any written agreement between
1 yourself and Saidis, Guido, Shuff and Hasland at any
2 time up until today?
3 A. No, I did not.
4 Q. Is it your testimony that Saidis, Guido,
5 Shuff and Hasland gave you legal advice though, and
6 told you that it was appropriate or legal to escrow
1 your money?
8 A. With me being a part of the homeowner group,
9 yes.
10 Q.' Were you ever present when an attorney from
11 Saidis, Guido, Shuff and Hasland spoke to you or group
12 members in which you were present about escrowing
13 money?
14 A. We had had a meeting where the attorney was
15 present. I don't recall if the escrowing issue was
16 finalized there. I seem to recall hearing that by one
11 of the women, either Pat or Carol, saying they've
18 decided to escrow, are you interested in participating.
19 And I said absolutely.
20 Q. But you were never present at a meeting where
21 an attorney from Saidis, Guido, Shuff and Hasland were
22 there, were you?
23 A. Yes, we had had a meeting with them there to
24 try to give us options on how we could handle certain
25 issues of the council. Yes, I was there.
31 39
Q. Did they talk about escrowing the money?
2 A. As one of many options at the time. There
3 was a lot of dif[erent ideas being brought forth.
4 Q. Following the meeting that took place with
5 them, the attorneys from that firm, Saldls, Guido, did
6 the members of the homeowners group meet and vote as to
1 a course of action to take?
8 A. No, not that I know of. Not that I was
9 present at.
10 Q. You just became aware that the homeowners
II decided to go forward with the escrowing. Is that
12 correct?
13 A. Yes.
14 Q. If you can look at this last full paragraph
15 of the first page. Do you see that paragraph?
16 A. Yeah.
11 Q. Does that accurately represent your reasons
18 for escrowing?
19 A. Yes.
20 IPalmer Deposition Exhibit No.2 was marked. I
21 BY HR. BRESCHI:
22 Q. Hs. Palmer, I'm handing you a docUllent that
23 we've labeled Palmer Number 2. I ask that you review
24 that document, and if you can identify that document
25 for us, please.
38
1 A. Okay.
2 Q. Have you seen this document before?
3 A. Oh, yes.
4 Q. And can you tell us what this is?
5 A. This was a notice sent out by the concerned
6 homeowners, the group, explaining what we were doing,
1 why we were doing it, and encouraging them to escrow
8 along with us. And that they had been advised by
9 counsel that it was not illegal; that it was, in fact,
10 a legal way to protest certain actions.
11 Q. Did you receive this document?
12 A. Yes, I did.
i3 Q. Did you make escrow payments or payments in
14 the escrow consistent with Palmer Number 2?
15 A. Yes, I did.
16 Q, Would you say that you received this document
11 shortly after the August 21, 1991 letter came out,
IB which is Palmer Number I?
19 A. I think this might have come before it. But
20 there's no date on it, so I can't be totally sure.
21 Q. You would agree that you began escrowing your
22 money several months before the August 21, 1991 ietter?
23 A. Yes. Date-wise, I know from the checks that
24 I had written, I began in June of '91.
25 Q. Was it your understanding that all the other
.
~('
I
.,
,
..
,
40
,
I
j
I
~
~
I homeowners began escrowing at that date there tool
2 A. Around there, yes.
3 Q. Old you continue to make your $14 ~onthly
4 payment to the board of directors though?
5 A. Yes, I did.
6 Q. But you were happy wilh the way they
1 conducted .their business. And that's why you continued
8 to send them money. Is that correct?
9 A. I saw no reason to \/1 thhold money !rOIl them.
10 They were in charge of the recreational facilities
II only. And there were no problems, Irregularities or
12 anything that I could see being done with the.. I had
13 no reason to withhold my money [rom them.
14 Q. You see the names at the bottom of this
15 Palmer Number 2?
16 A. Yes, I do.
l? Q. Were they members of the board o[ dl rectors
IB at the time, approximately August/September 1'91?
19 A. Not all of them, no.
20 Q. Were all four of them members of a lawsuit
21 against council?
22 A. I know three of them were. I'm not sure l!
23 Claude was. He might have been, but I'm not sure.
24 Q. Do you see where it says, the procedures for
25 depositing your escrow fees.
1 Do you see where that says that?
2 A. Yes.
3 Q. Old you see the last bullet point states,
4 quote, your money's available to you and can be
5 withdrawn at any time --
6 A. Yes.
? Q. -- close quote. Old you, at any time,
8 withdraw your money, escrow money, from Sald!s, Guido?
9 A. No, I did not.
10 Q. Is it your testimony that you decided to
II escrow because you were told that It was legally
12 appropriate to do under the circumstances, and based on
13 your concerns?
14 A. Yes.
15 Q. And you were told this [rom an attorney?
16 A. Not from his mouth to my ear, no.
11 Q. But from his mouth through this letter 01 a
18 correspondence from other represenutl ves o[ the
19 homeowners group?
20 A. Yes. And also verbally through the
21 homeowners who were meeting with the attorneys
22 frequently.
23 Q. tlow, [ollowlng the couJllencement of your
21 escrowing, did you receivp any correspondence fron the
25 council of Westwood VIlI,lge concernlnll their opinion of
41
41
I your escrowing?
2 A. Yes, I did.
3 Q. And c.ln you lell us what correspondence you
I received, If you can recall?
~ A. f received...
6 IPal,er Deposillon Exhibit No.3 wu marked.)
1 Dr HR. BRESCHII
B Q. Let's slart wilh Palmer Number 3 and see l!
9 thst docu~ent rings a bell.
10 A. There were quite a few. That's why I'm
ll11ylng to pul them In order.
12 Q. Csn you Inok at document Humber 3 and review
13 It an.lldentlly It lor us, I! you can.
14 A. This was a letter sent by one of the ~any
I~ presldentl 01 the council when Hicks stepped down, or
16 steJ~lCd to the Ilde, and appointed Akens as president
11 amI gel himll out 01 the lime Ilght. I don't know if
18 this was sent to sll the homeowners or not or only to
I' those escrowing loney.
20 This was not mailed. It was kind of just
21 distributed. So I don't know n l! It was mailed, I
22 don't know I[ the others got it. But this was them
23 saying that you can't do this.
21 Q. Do you recall getting this document?
2~ A. Yes, I have the original myself.
42
44
I Q. Did you read it?
2 A. Of course.
3 Q, What did you do In response to It]
I A. filed It.
5 Q. Did you think o[ consulting your own legal
6 counsel to determine what your rights are under these
1 circumstances?
8 A. Ho.
, Q. Were you aware that you were rlski~g
10 penalties, costs and attorney fees in the event that
II your counsel ended up being wrong In their advice to
12 you?
13 A, Ho.
II IPalmer Deposition Exhibit No.4 was marked.l
l~ Br HR. BRESCIIl:
16 Q. 1'. going to hand you Palmer Number 4, and
I? ask lor you to review It.
18 Have you read this be[ore?
19 A. I don't recall seeing this before.
20 Q. And It was sent to Johnna Deily. Do you see
21 that? Is that a yes?
22 A. Yes.
23 Q. And was she the woman that was representing
24 you or representing the homeowners at the time?
2~ A. Probably at the time. She was a quickie.
1 Q. And you don't recall her [orwarding a copy of
2 this to you?
3 A. No, I do not.
4 Q. It says in the last sentence of this
5 document, quote, council has posted a notice at the
6 mail kiosk stating the procedures which will be taken
1 against any homeowners who decides to take this action.
8 Period. Close quote. Did you receive that?
9 A. Yes, I did.
10 Q. Do you recall something posted, sent to mail
11 kiosk, stating --
12 A. Yes, I do.
13 Q. And stating the fact that if the homeowners
14 do decide to escrow their money, they will be brought
15 for collections, a suit will be brought against them to
16 collect the money?
11 A. Yes.
18 Q. And you were aware of that when you were
19 escrowing?
20 A. Yes.
21 Q. And still, did you decide or think about
22 seeking legal counsel?
23 A. No. Because I felt we were being served by
24 legal counsel at the time.
25 (Palmer Deposition Exhibit No.5 was marked.l
1 BY HR. BRESCHI:
2 Q. I'm going to hand you a document which we've
3 labeled Palmer Number 5. And I recognize it's
4 addressed to a Hr. Stoner. But aside from that, the
5 body of that letter, could you read that and tell us if
6 you've ever seen that document before.
1 A. I've. never seen this before, no.
8 Q. You never received this document from
9 council?
10 A. Not with Hr. Stoner's name on it.
II Q. Aside from Hr. Stoner's name.
12 A. I received my own.
13 HS. DePAULIS: Are you asking did she receive
14 a form letter addressed to her?
15 HR. BRESCHI: Right.
16 THE DEPONENT: I don't have this one.
11 BY HR. BRESCHI:
lB Q. You never received that?
19 A. Not this particular one.
20 (Palmer Deposition Exhibit No.6 was marked.l
21 BY HR. BRESCHI:
22 Q. I'm going to hand you a document we've
23 labeled Palmer Number 6. And I ask for you to review
24 that document, and if you can, tell us whether or not
25 you've seen this document before.
45
41
I A. Yes, I've seen this.
2 Q. And what Is It?
3 A. This was posted on our bulletin board, I
4 believe, or mailed -- I can't remember which. So many
5 papers flew by. But this tells them -- this was an
6 encouraging note to the homeowners to show that they
1 could escrow and hopefully not get hurt too badly.
8 Q. Were you getting regular letters from
9 Patricia Vandrew or other leaders of the group with
10 your statements of your assessment fees that you had
11 placed in escrow?
12 A. No. I did not receive a regular statement
13 until the beginning of '98 to show to date what was in
14 there at the time. I wasn't receiving monthly
15 statements. I could have, if I wanted to. I didn't
16 ask for them.
11 Q. But at the beginning of '98, you began to
18 receive monthly statements?
19 A. No, I did not.
20 Q. Did you receive periodic statements from
21 them?
22 A. No.
23 Q. When you wrote your checks, were you writing .
24 them out to Saldis, Guido?
25 A. Yes, I was.
46
48
1 Q. When you first began to escrow your funds,
2 can you tell us how long you intended to do this?
3 A. As long as it took.
4 Q. For what?
5 A. For some kind of remedial action to happen.
6 Q. What do you mean remedial action?
1 A. To either get rid of the council or to have
8 them comply with what we were hoping for. Anything.
9 Q. You said get rid of the councilor comply
10 with some type of action that we were hoping for. What
II action were you hoping for?
12 A. To remove council eventually.
13 Q. SO it was your intention, when you first
14 began escrowing your money, that you were going to do
15 that until council was removed from office?
16 A. I began escrowing my money under the same
11 contingencies that was in the letter -- from this. I
18 was going to escrow until either the court order
19 resolving the lawsuit was resoived or until the council
20 agrees to call a special meeting. Blah, blah, blah,
21 etcetera.
22 Q. That says August 21, 199? You started
23 escrowing in June '9?, correct?
24 A. Yes, I believe so.
25 Q. What was your intention in June '91 of how
1 long you were going to escrow?
2 A. The same, because we were told that thin
3 action was going to happen. This correspondunce was
4 not sent out in a timely manner. But these were the
5 reasons why the escrow account W,lS step up and hmjun.
6 Q, SO the attorneys --
1 A. It was a verbal agreement, l! you will.
8 Q. A verbal agreement between who?
9 A. At the time, because I didn't have this unlll
10 August 21th. But I knew they were escrowing for this
11 reason at the time.
12 Q. SO you were told by the allorneys that you
13 could escrow for that particular legal reasonl
14 A. Yes.
15 Q. And you were told by the allorneys that you
16 wouldn't owe any Interest on the money that you
11 escrowed?
18 A. I wasn't told anything regarding Interest.
19 Q. Were you told by the attorneys that you were
20 going to be responsible [or late fees?
21 A. No. There was nothing told one way or the
22 other about late fees or Interest.
23 Q. Oid you think that might be Important?
24 A. I thought that being that I'm not delinquent,
25 that I'm not late.
1 Q. What's your definition of delinquent?
2 A. Withholding money. I was not withholding
3 money from them. I was not not paying It. It was
4 paid.
5 Q. SO if you paid your condo lees or condo
6 assessment fees to your daughter, and she put it In her
1 bank account, you would consider yoursell not
8 delinquent?
9. A. No, I would not. No, I disagree. That's
10 what I meant. Hy daughter, A, is not an attorney,
II could not set up an escrow lee nor take action against
12 council.
13 I believe that I would not be delinquent
14 because this was escrowed for a certain reason with an
15 attorney, and that there was certain legaL protection
16 with that; that it wasn't just [or fun.
11 Q. SO you weren't deLlnquent because an attorney
18 advised you -- ( want to make sure that we get this
19 clear on the record. It's your belief you weren't
20 delinquent because an attorney advised you that you had
21 the legal right to escrow?
22 A. Yes. And so did a district justice.
21 Q. We'll get to that In a minute.
24 So the attorney said you have a legal right
25 to escrow. And you believed that because the attorney
49
51
I advised you Ih,lt you could do this, that you're not
2 dollnquontl
3 A. That's my thinking.
4 Q. I just want your understanding. But the
\ ,1llorney never told you that you weren't going to be
6 recponslble for Interest or late lees. Is that
1 COllect?
8 A. That's correct.
9 Q. Have you paid interest on the money that you
10 escrowed?
11 A. Ho.
12 Q. Have you been asked to pay Interest on that
13 money?
14 A. I have been billed for it, yes.
1\ Q. Why haven't you paid It?
16 A. Because I don't owe It.
11 Q. Has an attorney told you you don't owe It?
18 A. No. I told me I don't owe It because I was
19 never delinquent. You can't pay late fees on money you
20 were not delinquent on.
21 Q. Old the attorney tell you that you may be
22 responsible for attorney fees in the event that they
23 try to collect this money from you?
24 A. No, I was not advised of that.
25 Q. Ei ther way?
50
52
A. Either way what?
2 Q. You weren't advised either way whether or not
3 you would be responsible for attorney fees or you would
4 not be responsible for attorney fees?
5 A. That Is correct.
6 Q. Let me make sure we have this clear for the
1 record. At no time during this process would you have
8 considered Saidis, Guido your attorney?
9 HS. DePAULIS: Objection. That's what she's
10 testified to. We previously covered this.
11 HR. BRESCHI: I just want to clarify it for
12 the record.
13 BY HR. BRESCHI:
14 Q. If you want me to rephrase, I'll do so.
15 A. I've already answered this. They were the
16 attorneys holding my money. They were representing a
11 group o[ homeowners that I belonged to. In that
18 respect, they represented me.
19 Q. Now, at some point, did PHI file suit against
20 you on behalf of the council of Westwood Village?
21 A. I believe they were together, PHI and
22 council. That's who I went up against in front of the
23 district justice.
24 Q. And do you remember when you went to the
25 district justice hearing?
1 A. December 6th, 1911.
2 Q. You mean 19911
3 A. That too.
4 Q. Can you tell us what happened at the hearing?
5 A. Yes. It was Hr. Hicks and Attorney Patterson
6 and Hr. Haxwell [rom PHI, and Hr. Bopp from the council
1 against me. And they presented their case. And I
8 presented mine. And the judge found for me that I was
9 not delinquent in withholding my funds.
10 Q. What did you say to the judge, in terms of
11 your testimony that day, what did you testify to?
12 A. Just what I just said, that I was not
13 delinquent. I presented to him all the cancelled
14 checks that I paid to Saidis and Guido and where my
15 funds were at the time.
16 Q. Old you essentially give him the reasons that
I? you stated to us here today on the record?
18 A. I basically said that it was because they
19 were a bunch of crooks, and I would like to see them
20 come to justice. If you want to see my testimony,
21 contact the district justice. I can't quote you
22 word-for-word.
23 Q. But, generally, the general testimony that
24 you provided at that hearing, Is it similar to what you
25 stated to us today?
I A. Yes.
2 Q. And what about PHI and Hr. Hicks and Hr.
3 Bopp, what did they testify to?
4 A. Attorney Patterson attempted to have them
5 show the Chronology of the billing and the lateness,
6 etcetera, etcetera. And so they just pretty much
1 testified to that.
8 Q. Did you ask them any questions?
9 A. Yes, because they got the chronology wrong
10 with the correspondence. So, while Hr. Haxwell was on
11 the stand, I asked him a few questions regarding what
12 he was talking about. Because he was referring to my
13 letter to him after -- he got things out of sequence in
14 his testimony. So I wanted to clarify if he knew what
15 he was talking about.
16 Q. And were those cleared up?
11 A. Yeah.
IB Q. Did you ask any other questions?
19 A. No.
20 Q. Did Hr. Hicks testify?
21 A. No.
22 Q. Hr. Bopp?
23 A. No.
24 Q. Did you present any other evidence besides
2\ your checks and your own personal testimony?
53
55
I A. No. I presented the correspondence I had
2 been receiving and that I had sent in that time period
3 of, like, between August through November, etcetera.
4 Q. Did you present the Palmer Number I that we
5 spoke about?
6 A. Yes, I did.
1 Q. And you showed the judge that?
8 A. Yes.
9 Q. And do you recall what the judge said?
10 A. Yes.
11 Q. What did he say?
12 A. He was not happy; spoke directly to Hr.
13 Patterson and said, is this a test case. And Hr.
14 Patterson assured him, that, no, I was not a test case.
15 Because their trial was due to come up. Their court
16 date was the day after mine.
11 Q. The court date meaning the Cumberland County
18 courtl
19 A. Yes. They were to appear to court. And the
20 district justice was not happy that they were wasting
21 his time with this crap.
22 Q. And did he rule for you right there on the
23 bench?
24 A. No, he did not.
25 Q. Several days later?
54
56
I A. Yes.
2 Q. As the months went on in 199B, did you
3 receive in[ormation that the -- let me back up. Do you
4 recall the hearing that was held In the lawsuit, the
5 equity lawsuit--
6 A. Yes.
1 Q. -- that is referenced by August 2?th, 1991?
8 A. Yes.
9 Q. Do you know a hearing was held on December
10 5th, 19911
11 A. Yes.
12 Q. Do you recall a decision being issued by the
13 judge?
14 A. Yes.
15 Q. And that was the beginning of February of
16 1998?
11 A. Approximately.
IB Q. Did you begin making your payments directly
19 to council in February of 1998?
20 A. No.
21 Q. Why not?
22 A. Because the second condition on this lawsuit
23 did not occur until Hay of '9B, and that is until
24 council agrees to call a special meeting of homeowners
25 for the purpose of voting upon to remove certain
I council members. They didn't have that until Hay.
2 Q. Well, the second full paragraph, If you
3 would, if you want to turn back to Palmer Number I.
4 Allow me to read that to you.
5 A. Go ahead.
6 Q. Quote, the purpose of this letter Is advise
1 that all future assessments [rom individual unit owners
8 will be held in an escrow account by my office untiL
9 the earlier of two occurrences. Close quote. Do you
10 see that, ma'am?
II A. Yes, I do.
12 Q. And do you see an or between one and two?
13 A. Yes, I do.
14 Q. Would you agree with me that that means
15 either one of those two events would occur before the
16 escrowing would cease?
11 A. I would agree with what you said. However,
18 the court order stated that they had to have a special
19 election, which did not occur until April or Hay.
20 Q. I'm aware of that. But would you agree with
21 me that on Palmer Humber I, the August 2?th, 1991
22 letter, provides that you were going to stop escrowing
23 the money and begin making payments directly once a
21 court order was issued resolving the lawsuit?
25 A. The court resolved that. We did not -- the
1 court resolved that. It was not done. It had not been
2 completed. The action had not been completed until
3 they held the election. The court ruled on that.
4 Q. SO in early February 199B, you became aware
5 that the court had issued an order?
6 A. Yes.
1 Q. And despite that, you decided not to make a
8 payment to council -- make YOUt condominium assessment
9 payments directly to council. Is that correct?
10 A. I continued to escrow until council was to
II comply with the court's order.
12 Q. When did the council comply with the court
13 order?
14 A. 1 believe it was around Hay 9th.
15 Q. And had a meeting on Hay 9th?
16 A. Yeah, after much duress.
11 Q. Can you tell us when you wrote your check to
18 council for the total amount of monies that you've
19 escrowed?
20 A. I believe that was on -- hoLd on one moment.
21 I want to get the date right. Check was issued on 5/23
22 of '98 in the amount of $1,021, which was the total
23 amount in escrow for that time. That check was then
24 returned to me with the correspondence stating that
25 they did not want -- they would not accept that because
~...:A......:.~~~
._0'
S1
1 they wanted the attorneys' fees also.
2 Q. Why didn't you issue a check on Hay 10th, the
3 day after the election was held?
I A. Because I was not advised that the funds were
5 being released right then.
6 Q. When did you pay your Hay condo assessment
1 fees?
8 A. Probably the end of Hay.
9 Q. Where did you pay them tol
10 A. I don't remellber.
11 I don't show a separate payment for Hay.
12 However, I would like to reserve the right to review my
II papers to see what the total anount was, and if I
11 included Hay with the escrow money when I sent it in.
15 Q. Do you agree that you owed Hay 1991
16 assessment fees to council?
11 A. Yes, I would agree to that.
18 Q. Would you agree that following the occurrence
19 of the special meeting, pursuant to the court order, in
20 your opinion, you would have absolutely no legal basis
21 to not pay the condominium assessment directly to
22 council of Westwood Village. Would you agree with
23 that?
24 A. Would you repeat the last part? _
25 Q. You stated that it was your understanding and
58
1 your belief that you were -- or had a right to pay into
2 escrow your condo assessment fees until a court order
3 that resolved that lawsuit and the special meeting was
4 finally called by council had occurred. Is that an
5 accurate statement?
6 A. Correct.
1 Q. And my question to you is: Would you agree
8 that based on your opinion and your testimony that
9 following the special meeting of the homeowners called
10 by council, pursuant to the court order, that you were
II then under an obligation to begin paying directly to
12 the council your condominium assessment fees?
13 A. Yes, that's correct.
14 Q. And you would agree that if you failed to do
15 so, that you would be in breach of your condOlinium
16 obligations?
l? A. Yes.
18 Q. And can you tell us right now, under oath, if
19 you recall il\lllediately following the order of the court
20 that you -- and the special meeting -- that you began
21 paying your condo assessment fees directly to council
22 through PHI?
23 A. I began paying them -- I show -- based on my
24 checkbook, I show the June payment going to council.
25 The Hay payment, I assumed I had sent. I may be
59
60
!
':1
:."
(~
1 Incorrect.
2 Q. How about Aprll, can you tell me if Aprll
3 went?
4 A. April was In the assessment.
5 Q. Do you have a copy o[ that check?
6 A. Yeah, it was check number 2161.
1 Q. Can you tell me who you made It out to?
8 A. I originally made it out to Saldis, GuIdo,
9 Shuff and Hasland. And then that was voided, and check
10 number 2165 was reissued on 5/2 to the council of
11 Nestwood Village for the April payment. Interesting.
12 But I'd have to see. the actual checks to see what was
13 really done.
14 Q. I thought you had copies of other checks that
15 you sutnitted into escrow?
16 A. I do. They're at home in my file cabinet.
11 Q. You don't have that right now?
18 A. No, I don't.
19 Q. Can you explain to us why that check was
20 returned to you and you submitted it directly to
21 council?
22 A. No, I can't. I don't remember why.
23 Q. Did it come with any correspondence from the
24 attorneys when it came back to you?
25 A. No, because it wasn't submitted to the
'......
61
I about council. /lave you ever done something like that?
2 A. Is that considered vandalism when you write
l on the public street?
4 Q. I dun't know.
S A. Hake a judgment before I answer.
6 Q. WIthout identifying whether or not it's
? vandalism or not, have you ever written __
8 A. You didn't answer my question.
9 Q. Unfortunately, I'm the one who gets to ask
10 the questions. I don't have to answer anything.
11 Oid you at all, at any time, write with
12 sidewalk chalk things 011 the sidewalk or streets at
13 Westwood Village condominiums about council?
14 A. Yes, I did.
15 Q. Can you tell us what you wrote at the
16 entrance to Westwood Village condominium?
11 A. I believe it was welcome to Westwood Prison.
18 Q. And why did you do that?
19 A. Because I was extremely ticked off about the
20 crap they were sending through the mail at the time,
21 that they were being slanderous, misleading, purely
22 lying. And I had had enough.
23 Q. SO did you do that to just vent your
24 frustration?
25 A. Basically.
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I attorneys. It only went as far as Pat Vandrew, who was
2 handling the money for them. And she advised me that
3 we were now going to -- the money was going to be
4 released, and that we were to start submitting to
5 council directly.
6 So she returned the check to me, and I
7 reissued it to council.
8 Q. Were you disappointed on the outcome of the
9 special election?
10 A. Extremely.
II Q. Have you decided to move from Westwocd
12 Village?
13 A. Yes, I have.
14 Q. Is your property on the market?
15 A. No, it's not, not anymore.
16 Q. Why not?
11 A. 8ecause I've leased it.
18 Q. SO you do not reside there anymore?
19 A. I do now. I will be moving shortly.
20 Q. Did you, at any time, engage in any type of
21 vandalism on the property?
22 A. Absolutely not.
23 Q. Someone, I think, had testified previously
24 that they saw you with sidewalk chalk writing on
25 sidewalks around Westwood Village, various messages
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I Q. Did you have any help doing that?
2 A. No.
l Q. Can you tell us any other thing that you
4 recall writing?
5 A. I wrote all kinds of interesting things, but
6 every single one of them was true. And none of then
1 were slanderous.
8 Q. Did you bring documents with you today
9 pursuant to our notice of deposition?
10 HS. DePAULIS: Yes, she did.
II MR. BRESCHI: Can I take a look at those
12 documentsl
13 (Break.)
14 BY MR. BRESCHI:
15 Q. Hs. Palmer, you produced for us a manila
16 folder with copies of documents. And my question to
I? you is: Are these documents consistent of all the
18 correspondence you've had with PHl and with council
19 since you've been living at Westwood Village?
20 A. Probably not.
21 Q. Do you have other documents or other
22 correspondence at home, copies of other correspondence?
23 A. Hy attorney has everything.
24 HR. BRESCHI: Off the record.
25 {Discussion held off the record. I
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I BY HR. BRESCHl:
2 Q. Just one other question. Hs. Palmor. In your
3 manila envelope there's a letter dated October 13th,
4 1991 to you [rOIl council. And I ask that you pull that
5 letter out.
6 Now, J want you to look at that letter and
1 look at Palmer Number 5, IC you would. And C'd ask
B you, looking at the October 13th, 1991 letter and
9 Palmer Number 5, can you now tell us whether or not you
10 recall receiving that Corm letter from council?
II A. Yes.
12 Q. Do you recall receiving that forlll letter on
13 or about October 13th, 19911
14 A. Yes.
15 HR. BRESCHJ: That's all I have.
16 IWhereupon, the deposition was concluded
at 5:20 p.III.)
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1 CotflONWCALTH or Pe:HNSYLVANIA
SS.
Z COUNTY or CUH8ER~D
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I. ~ILL L. ROTH. . Cou~t Repo~ter-Not.~y
4 Public autho~ized to .~in1atet oath. and take
~ depoll1tion. in tha tt1.1 of c.u.... .nd havln9 an
60ttice in Catli.le. Pennaylvanhl. do hareby c.rtify
7 that the tOte901n9 1" the te.t1mony at SUSAN ~. PALHtR.
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I tutther certify that betore the takln9 ot
9 ..id depo.ition the witn... wa. duly aworn, that the
10 que.tion. .nd anawera war. taken down in stenotype by
11 the .aid Reporter-Notary. approved and e9re.d to. end
lZ aft.rwa~de reduced to computer printout undar the
l~ direction of eeid Aeporter.
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I furthet certily that the ptoceedln9. end
1~ avidenc. are containad fully .nd eccurately In the
16 note. taken by me on the within depoaition. and that
11 th~a copy 1e " CDr~.ct tranacript of tho aame.
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19 aubacrlbad my hand thia 4th day
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ERRATA SHEET
to the deposition of
SUSAN J. PALMER
Taken August 24, 1998
Line
Correction
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S;SAN J. P R '
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25 File # 98160B
Central Pennsylvania Court Reporting Services
(717) 258-3657 or 800-863-3657 or fastfngers@aol.com'
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I hereby certify that I have read and subscribe
2 to the foregoing deposition taken August 24, 1998.
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9 COMMONWEALTH OF PENNSYLVANIA )
)ss.
10 COUNTY OF CUMBERLAND )
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SUSAN J. PALMER, acknowledges the foregoing as
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13 her sworn deposition (subject to the attached list of
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corrections, if any) and signed it in my presence the
of Oc.J.o ~I"\
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, 1998.
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My Commission Ex ires:
NOTARIAL SEAL
DEBORAIl J. WORTHINGTON. NolaJy Public
My CD/1unlsslon Expires Feb. 22. 19&9
File # 98160B
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Central Pennsylvania Court Reporting Services
(717) 258-3657 or 800-863-3657 or fastfngers@aol.com .
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Tbe "Concerned Homeowners" bave sent a notice to most bomeowners in
Westwood Village asking for you to place your condominium fees
in escrow witb tbeir attorney.
Tbey bave also stated in tbe letter tbat you may do so witbout reprimands from
Council as late fees or property liens.
Council is informing you tbat we oC any legal provision(s)
Cor tbe escrowing oCcondominium Cees. We bave advised PMI to Collow all
normal collection procedures, to include late Cees and liens, despite tbe letter
Crom tbe "Concerned Homeowners."
Please be advised that this is not an idle threat
as the "Concerned Homeowners" would like you to believe.
PMI will assess late charges and file liens, as applicable, against any
homeowner who chooses to place their condominium fees in escrow
as directed by the "Concerned Homeowners."
,
Council urges all bomeowners of Westwood Village to continue paying tbeir
condominium fees as usual and to ignore tbe recent letter tbey may have
received stating tbey sbould do otberwise.
DEPosmON
EXHIBIT
~i!J!i
President, Council of Westwood Village
Posted 9/1/97
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DEPOsmON
EXHIBIT
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Dear Mr Stoner:
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We, the couneilpersons currently serving on the Council for Westwood Villoge, arc writing to
you to express our concern.
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We have been advised by PMI who was advised by Karl Ledebolm, attomey for the Concerned
Homeowners, that you are transmitting your monthly assessments for escrow. As was posted at
the mall kiosk (copy attached) we on Council do not believe it is legal to escrow and thereby not
pay your assessments as due.
We want to advise you that we believe you arc not octing responsibly and arc endangering your
assets in Westwood Village. As noted on the attached we will follow our collections poliey of
assessing late charges and filing liens the same as we would for any unit owner who refused to
pay their assessmcnls ngularly and timely. Escrowing your payment does not stop the
collections process.
While we recorrtmend you pay your assessments in a timely way we acknowledge you will do as
you believe is right. Be assured we will do what is in the best interest of all Westwood Village
unit owners.
Please consider carefully your decision and actions.
Thank you for your attention to this letter.
Councilpersons
Orace Lovell Bill Hicks
President of Council Vice-President
Deanna Robinson
Secretary
Bill Bopp
Treasurer
DEPOsmON
EXHIBrr
car nj, Owner:
Enclosed is a statement of the Westwood Village assessment fees you have paid into
escrow for the year 1997. If you feel there are Wly discrepWlcies with your records please
do not hesitate to contact. me. AII.funds are safely deposited in on account held by the
lawflrin of Said is, Guido, Shuff & MaslWld.
A major victory has been won as far as our rights to escrow our assessments. SusOJl Palmer
defended herself against a civil suit filed by Council Wld PM! for delinquent fees. SUSWl
went up against William Hicks Wld William Bopp - Council members. Mr. Robert Maxwell
- PMI, and Kent Patterson - attorney for Council. The District Justice ruled that she was
well' within her rights. Council collected nothing Wld was responsible for $800.00 in court
costs. (Another example of their misuse of our funds.)
Please urge your neighbors and friends to join us in this legal protest against the
actions of Council.
We are hopeful that Y04 will take this as a good sign that we are doing the right thing. The
. only success we have had in gaining a response from Council is by cutting off their funds.
Please continue submitting your monthly fees to me Wld they will be deposited with our
attorne~ .
The trial between the Concerned Homeowners and Council took place December S, 1997.
Our attorney, Karl Ledebohm, did an excellent job of presenting the facts. We feel it went !
well but the final decision rests with Judge Oler. As soon as his decision is forthcoming
you will be notified. Hopefully the Judge was able to see firsthWld what we have been up
against for the past 18 months. Council's defense was that the unit owners have to abide
by the wording of the Code of Regulations - _ _ _ but they don't.
A meeting is being planned to discuss our next steps. Watch the bulletin board at the end
of the mail kiosk for more infonnation.
Thank you for your support in our efforts to restore our rights in Westwood Village.
Sincerely,
1lJ-~~1C~
Palricia VWldrew
,
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
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v.
SUSAN J. PALMER,
NO. 98-61 CIVIL TERM
Defendant
PLAINTIFF'S FIRST REOUEST FOR ADMISSIONS DIRECTED TO
DEFENDANT SUSAN J. PALMER
NOW COMES Plaintiff, Council of Westwood Village condominium ("Westwood"), by and
through its counsel, Shumaker Williams, P.C., who, pursuant to Pa.R.Civ.P. 4014, requests that the
Defendant, Susan J. Pamer (''Palmer''), within thirty (30) days of this Request, admit or deny the
following admissions:
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1.
There are no provisions in Westwood Village Condominium's Code of Regulations
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that pennit Palmer to place into escrow condominium assessments based upon the failure of Council
to adequately maintain, repair and replace the condominium's common elements.
2. Palmer did not rely on any provision in the Westwood Code of Regulations when she
decidr,d to escrow the condominium assessments in 1997.
3. There are no provisions in Westwood Village Condominium's Declaration that pennit
Palmer to place into escrow condominium assessments based upon the failure of Council to
adequately maintain, repair and replace the condominium's common elements.
4. Palmer did not rely on any provision in the Westwood Declaration when she decided
to escrow the condominium assessments in 1997.
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S. There are no provisions in Pennsylvania Unil Property Aet that pennit Palmer to
place into escrow condominium assessments based upon the failure of Council to adequately
maintain, repair and replace the condominium's common elements.
6. Palmer did not rely on any provision in the Pennsylvania Unit Property Act when she
decided to eserow the condominium assessments in 1997.
7. There are no provisions in the Pennsylvania Unifonn Condominium Act that pennit
Palmer to plaee into eserow condominium assessments based upon the failure of Council to
adequately maintain, repair and replace the condominium's common elements.
8. Palmer did not rely on any provision in the Pennsylvania Unifonn Condominium Aet
when she decided to escrow the condominium assessments in 1997.
9. There are no provisions in any Pennsylvania statute that pennit Palmer to plaee into
escrow condominium assessments based upon the failure of Council to adequately maintain, repair
and replace the condominium's common clements.
10. Palmer did not rely on any provision in any Pennsylvania statute when she decided
to escrow the condominium assessments in 1997.
11. There is no legal authority provided in any Pennsylvania case law that pennits Palmer
to place into escrow condominium assessments based upon the failure of Couneil to adequately
maintain, repair and replaee the condominium's common elements.
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12. Palmer did not rely on any legal authority provided in any Pennsylvania case law
when she decided to escrow the condominium assessments in 1997.
lloI<d, 02, Iii Il!l
SHUMAKER WILLIAMS, p.e.
By ~.!~
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Plaintiff
92247
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COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND CO., PENNSYLVANIA
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v.
: NO. 98-61 CIVIL TERM
(
SUSAN J. PALMER,
.
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Defendant
: CIVIL ACTION - LAW
DEFENDANT'S RESPONSE TO
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS
"
NOW comes Defendant, SUSAN J. PALMER, by and through her counsel,
I.
,
SALZMANN & DePAULIS, P.C., responds to Plaintiff's First Request For Admissions
as follows:
I. Admitted in part. denied in part. While it is admitted that no
provisions of the Code of Regulations provides for escrow of assessments for the
Plaintiff's failure to adequately maintain, repair and replace the condominium's common
elements, Defendant also escrowed assessments pending the outcome of the equity action
against Plaintiff concerning election of officers.
2. Denied as stated. Defendant relied upon representations and
advice of counsel whom she reasonably believed represented a group of disgruntled unit
owners of which she was a member. Defendant is unaware of the specific basis for said
counsel's advice.
3. Admitted in part, denied in part. While it is admitted that no
provisions of the condominium's Declaration provides for the escrow of assessments for
Plaintifrs failure to adequately maintain, repair and replace the condominium's common
elements, Defendant also escrowed assessments pending the outcome of the equity action
against Plaintiff concerning the election of officers.
4. Denied as stated. Defendant relied upon representations of the
advice of counsel whom she reasonably believed represented a group of unit owners of
which she was a member. Defendant is unaware of the specific basis for said counsel's
advice.
5. Admitted in part, denied in part. While it is admitted that no
provisions of the Pennsylvania Unit Property Act provides specifically for the escrow of
assessments for Plaintifrs failure to adequately maintain, repair and replace the
condominium's common elements, Defendant also escrowed assessments pending
outcome of the equity action against Plaintiff considering election of officers. In
addition, Section 306 and Section 307 of the Unit Property Act provides for the duties
and powers of council and Section 305 provides for relief for non-compliance to the Act.
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6. Denied as stated. Defendant relied upon the representations and
advice of counsel whom she reasonably believed represented a group of unit owners of
which she was a member. Defendant is unaware of the specific basis for said counsel's
advice.
7. Denied as stated. While it is admitted that no provisions ofthe
Pennsylvania Uniform Condominium Act specifically provides for the placing of
assessments into escrow based upon Plaintitl's failure to adequately maintain, repair and
replace the condominium's common elements, the Pennsylvania Uniform Condominium
Act also provides for the applicability of principles of law and equity. In addition, the
Pennsylvania Uniform Condominium Act provides for an obligation to good faith as well
as a general rule that the provisions be liberally administered. Defendant also escrowed
assessments pending the outcome of the equity action against Plaintiff concerning the
election of officers.
8. Denied as stated. Defendant relied upon representations and
advice of counsel whom she recently believed represented a group of unit owners of
which she was a member. Defendant is unaware of the specific basis of counsel's advice.
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9. Denied as stated. Defendant reasonably believes that the
provisions of the Uniform Condominium Act provided for the applicability of principles
of law and equity as well as the obligation of good faith are applicable in this case. In
addition, Plaintiff also escrowed assessments pending the outoome of the equity action
against Plalntiffoonsidering election of officers.
10. Denied as stated. Defendant relied upon representations and
advice of oounsel whom she reasonably believed represented a group of disgruntled unit
owners of which she was a member. Defendant is unaware of the specific basis for
oounsel's advice.
II. Denied as stated. Defendant believes that the general principles of
good faith as well as the provisions of the Uniform Condominium Act provide a
reasonable basis for the escrow of oondominium assessments. Furthermore, Defendant
also escrowed assessments pending the outoome of the equity action against Plaintiff
oonceming the election of officers.
12. Denied as stated. Defendant relied upon representation and advice
ofoounsel whom she recently believed represented a group of unit owners of which she
was a member. Defendant is unaware of the specific basis for said oounsel's advice.
Respectfully submitted,
SALZMANN & DePAULIS, P.C.
By: i/~ ~
~aulis, EsquIre -..-
Attorney 1.0. No. 56106
105 North Front Street
Suite 201
Harrisburg, Pennsylvania 17101
(717) 232-9420
(717) 232-1970 (Fax)
1580 Gabler Road
Chambersburg, Pennsylvania 17201
(717) 263-2121
(717) 263-0663
Attorney for Defendant
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VERI FICA TION
I, SUSAN PALMER, have read the foregoing Response to Plaintiff's First Request For
Admissions, and hereby amnn that it is true and correct to the best of my personal knowledge,
information and belief. This Verification and statement is made subject to the penalties of 18 Pa.
C.S. 04904 relating to unsworn fiI1sification to authorities; I verify that all the statements made in
the foregoing are tnJe and correct and that false statements may subject me to the penalties of 18
Pa. C.S. ~4904.
Dated:
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-SUSAN PAL
r
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F d'-i-t,~L..
CERTIFICATE OF SERVICE
AND NOW. this jjntl'l day of February, 1999, I, DEBORAH J. WORTHINGTON,
secretary for the law finn of SALZMANN & DePAULIS, P.C., attorneys for Defendant, hereby
certify that I served a copy of the within Defendant's Response To Plaintiff's First Request For
Admissions. Directed To Defendant, this day by facsimile and by depositing the same in the
United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
David R. Breschi, Esquire
Shumaker Williams
P.O. Box 88
Harrisburg, Pennsylvania 17108-0088
SALZMANN & DePAULIS, P.C.
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Section
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32.
DECLARATION CREATING
AND ESTABLISHING WES~~OOD VILLAGE CONDOMINIUM
Table of Contents
Ti tle
Definitions and Terms
Submission of Property to Act
Description of Land
Name
Description of Certain Improvements
to be Erected
Description of Units, Boundaries
A. Subdivision into Units
B. Boundaries
Expansion
A. Right to Expand
B. Form of Amendment
C. Adjustment of Common Interests
D. Execution and Recording of Amendments
E. Status Pr.ior t~ Expansion
F. Effect of Expansion
Unit Deeds
Description of Common Elements and
provisions Applicable Thereto
The Declaration Plan
Administration of the Property
Duties of the Council
Powers of the Council
Voting Rights of Unit Owners
Sharing of Common Expenses and Common Profits
Assessments and their Enforcement
Maintenance and.Re~~irof Units,
Restrictions and" Covenants ..: .' :
A. General' .. . ;.:. .-
B. Specific Rostrictions on Use of Units
C. Specific Restric~ions, on .Le.~se, etc.
D. Community Facil'itiE:s".~'" ..::!..
Mech~l!!.c.!..s Liens .Agaihst Units ..... .
Encroachments,' tasem.ehts' ...:j'...
First Members of' the:'Counci1 ';l;",
_.Insurance, Repair or Recon~truction
Eminent Domain
Removal of. Property. fr,?!,! Ac.t .:.
Amendment" . ", ':,: :.:"':,: ~':.~~".' .-;:""
Provisions Applicable to Declarant
Provisions for the Protection of the
Construction Mortgagee
Captions .
Provisions Binding Upon Successors and
Assigns, Covenants Running With Land
Gender, Singular, Plural
Severability
Effective Date
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DECLARATION CREATING
AND ESTABLISHING WESTWOOD VILLAGE CONDOMINIUM
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THIS DECLARATION is made
by H.L.W. CONSTRUCTION CORPORATION,
called the "Declarant"),
this 29\r day of ~, 19'15
a '~arylan corporation {hereTn
WIT N E SSE T H T H A Tl
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WHEREAS, the Declarant is the owner in ,fee simple of the
tracts of land referred to herein and has constructed or intends
to construct residential buildings and other improvements thereon;
WHEREAS, by this Declaration, the D~clarant intends to
submit the tract of land described more fully in Section 3 hereof,
and the buildings and improvements erected and to be erected therepn,
and the easements, covenants, rights and appurtenances thereunto
belonging, to the provisions of the Unit Property Act of Pennsylvania,
~ct of July 3, 1963, P.L. 196 (68 P.S. 5700.101 et seq.) for the
6~e~ific purpose of creating and establishing Westwood Village condo-'~~:J
m1n1um; ,'.~;
NOW, THEREFORE, the Declarant, pursuant to the Act, does
hereby declare and state on behalf of itself, its successors, and
.assigns, and on behalf of all persons having or seeking to acquire I
any interest of any nature whatsoever in Westwood Village Condo- ,
minium, as follows: '
51. Definitions and Terms. The following terms when use(,
in the Declaration and in the other instruments consisting of the
Condominium Documents are intended to be consonant wlth the meanings
ascribed to them by the Act and are defined herein as follows:
"Act" means the Unit Property Act of Pennsylvania, Act of
July 3,1963, P.L. 196 (68 P.S~ 5700.101 et aeq.).
"Assessment" means the sums assessed against a Unit by
resolutions duly adopted by the Council for the share of Common
Expenses chargeable to a Unit.
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"Building" means anyone of the buildings designed for
Tesidential use and containing Units which does or will comprise
~art of the Property more particularly Ihown at the time of refer-
'nce on the Declaration Plan, and any amendments thereto, is
described in 55 hereof, il or will be erected upon the Land sub-
mitted to the prqvilions of the Act purluant to the provilions of
52 and 57 hereof and which is used, or intended to be used, for the
purpOles let forth in 519 of this Declaration.
"Code of Regulations" means such governing regulations as
are adopted pursuant to the Act for the administration, regulation
and management of the Property, including such amendments thereof
as may be adopted and Recorded from time to time.
, "Common Elements" means and includes I
(a) ~he Land and all those portions of the Buildings
and Property which are not included in and do not comprise part of,
.the Units. .
(b) ~he foundations I structural partsl supports,
main, load bearing and exterior wallsl non-load bearing walls and
partitions not located within a Unitl party wallsl columns: beams I
roofs: floor slabs: pipe chases and electrical lines serving more.
than one Unit, and interior walls and partitions, if any, enclosing
said pipe chases and electrical lines serving more than one Unit,
and the space occupied by the foregoing I frames, tracks and sills
If windows of Units, except for the Unit-side surface thereof:
.:oors. and frames of doors leading from Units to the exterior of
the ~uilding except for the Unit-side surface thereof: and the
chimney stacks, balconies, terraces and patios adjacent to certain
Units subject, however, to an easement for the exclusive use by the
.Unit Owner having direct access to' the chimney stacks, balcony,
. terrace or patio adjacent to his Unit: and the storage area adjacent
to certain Units or assigned to certain units by the Council subject,
however, to an easement for the exclusive use of the Unit Owner whose
Unit is adjacent to such storage area or to whom such storage area ,
has been so assigned.
(c) ~he yards, landscaped and planting areas, walk-
ways, sidewalks, fences, roadways, driveways, parking areas, street
lights and other lighting facilities.
(d) Portions of the Land and the Buildings and other
improvements thereon and all personal property used for the manage-
ment, oPeration, maintenance of the Property: all other personal
property existing or intended for common ,use.
(e) Installations of all central services and util-
ities and water, gas, sewer, electric, telephone and other utility
lines, meters, pipes, conduits, fixtures and associated equipment
and facilities, which serve the Common ~lements or serve core than
me Unit or both.
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(f) All other aP\laratus and installations eXisting
or intended for common use.
(g) All other parts or elements of the Buildings
and other improvements necessary for their existence, management,
operation, maintenance, upkeep alld safety, or normally in common
use.
"
.COmmon Expenses" meanfl and includes:
(a) Expenses of ndministration, maintenance, care,
repair, upkeep and replacement oJ: the Common Elements;
(b) Expenses agrClcd upon as common by all Unit
'OWners; and
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(0) Expenses declared common by provisions of the
Act, or by the Condominium Documtlnts.
"Common Interest" meanll the proportionate undivided inter-
est in'the fee simple absolute ill the Common Elements appertaining
to each Unit as expressed in S9 horeof and set forth in Exhibit "1\"
attached hereto and made a p,art hureof.
"Common Receipts" meann: (i) Assessments and other funds
':ollected from Unit OWners as COlllmon Expenses or otherwise; (ii) rent."",
...:nd other charges derived from ll'asing or licensing the use of the ::';9
Common Elements; and (iii) receil'ts designated as common by or pur-
suant to the Condominium Document.s or the Act.
"
....
"Common Profits" means the excess, if any, of all Common
':Receipts over all Common ExpensclI during any fiscal year of the
Condominium.
"Condominium" means Wentwood Village Condominium.
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"Condominium Documents" or "Documents" means and includes
this Declaration, the Code of, ROCJulations, the Declaration Plan, and ,
any' other rules and regulations 'h:lVerning the use and operation of the '
Property adopted by the Council from time, to time, as the same may'be
amended or supplemented (and, if required, :Recorded) from time to time.
"Council" means a boarl' of natural individuals of the' number
stated in the Code of' Regulation!! who are residents of the CommonweaJ.th
. ,
of Pennsylvan~a, who need not be Unit OWners and who shall manage the
operation and affairs of the Con.lominium and the Property on behalf of
the Unit OWners in compliance wilh and subject to the provisions of t:he
Act.
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"Declarant" means M.L.W. Construction Corporation.
"Declaration" means this instrument and such amendmenta
thereof as may be made pursuant to 57 hereof, or otherwise, and
Recorded from time to time.
"Declaration Plan" means the plan of survey and drawings
of the Property prepared in accordance with Section 402 of the Act,
as the same ma~ be amended and supplemented from time to time pur-
suant to the provisions of 57 hereof, or otherwise. The Declaration
Plan initially consists of a document entitled "Declaration Plan of
Westwood Village Condominium" bearing even date with the Declaration
executed by the Declarant and the plans and drawings attached to said
document, certified by Skelly & Loy, Registered Professional Engineers,
which plans and drawings consist of a cover page and the following:
Sheets "A-I" and "A-2" - A survey plan of the Land
showing the location of the Buildings and other improvements
erected and to be erected thereon, and the Unit Designation
for each Unit and the location of the community facilities
and open space referred to in paragraph 0 of 5lB hereof.
Sheets "B-1" and "B-2", inclusive - Plans and
drawing of the Buildings and floor plans and elevations
thereof, and showing some of the Common Elements.
() "Land" means the lot or piece of ground submitted to the
Act at the time of reference by this Declaration or any amendments
hereto, and all casements, covenants, rights, liberties, privileges,
hereditaments and appurtenances belonging or appertaining thereto.
"Majority" or "Majority of Unit Owners" means the Unit
of more than fifty per cent (50\) in the aggregate of the
Interests in the Common Elements as specified in the Declara-
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OWners
Common
tion.
"Person" means a natural individual, corporation, partner-
ship, association, trustee, business trust or the trustees thereof,
or other legal entity, or any combination thereof.
"Property" means and i~cludes the Land, Buildings and all
other improvements erected or to be erected thereon, all owned in
fee simple, which have been or are intended to be submitted to the
provisions of the Act by this Declaration or any amendments hereto.
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RRecorded" means that an instrument haa been duly entered
(.~ 'of record in the Office for the Recording of Deeds in and for
\~~ Cumberland County, Pennsylvania.
RRevocationR means an instrument signed by 'all Unit Owners
and by all holders of all mortgages, judgments or other liens against
the Units, by which the Property is removed from the provisions of
the Act.
RTract 1", RTract 2" and -Tract 3" means the three parcels
of land referred to in 57 hereof, each of which is more particularly
described in Exhibit "c" attached hereto e.nd made a part hereOf.
RUnit" means the part of the Property located within a
BUilding designed or intended for independent residential use, which
has a direct exit to a Common Element or Common Elements leading to
a public street or way, and is described in 56 hereof and inclUdes
the Common Interest'in the Common Elements which is assigned thereto
pursuant to the provisions of Paragraph B of 59 of this Declaration.
"Unit Deed" means a deed of conveyance of a Unit in record";
able form fulfilling the requirements of Section 403 of the Act.
RUnit Designation" means. the number or combination of letter
and number designating a Unit as shown on the Declaration Plan and
assigned to the Unit.
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"Unit OWner" means any Person or Persons owning any Unit
in fee simple.
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52. Submission of Property to Act. This Declaration is
filed pursuant to the Act and Declarant hereby submits the Land des-
cribed in 53 hereof and the Buildings and all improvements erected j
and to be erected thereon and all easements, covenants, rights, liberti~.
priVileges, hereditaments and appurtenances belonging or appertaininq
thereto, to the provisions of the Act.
53. Description of Land. The lot or piece of ground which
is submitted to the provisions of the Act pursuant to 52. hereof is
located in East Pennsboro Township, Cumberland County, Penn'sylvania
and is more particularly described in Exhibit "B" attached hereto
and made a part hereof.
54. ~.The name by which the Property shall hereafter
be identified and known is "WESTWOOD VILLAGE CONDOMINIUM".
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55. Description of Certain Improvements to be Erected.
'Among the improvements to be made to the Land are the structures des-
cribed as followsl
The Declarant intends and will construct two multi-
unit modern Builaings containing a total of 21 units upon the Land
described in 53 hereof.
The two multi-unit Buildings will contain eleven
different modular forms shown in the Declaration Plan, each contain-
ing the following numbers and types of Unitsl
Building
. Number
Modular
Type
F2
F3
F4
Gl
GIT
G2
G2T
TH3D
T2A
T2B
T3
Number of Units of
Each Modular Type
Contained Therein
1
One
Two
Two
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Two
One
Six
Three
One
One
One
One
'!'he location of each Building upon the Land des-
. cribed in 53 hereof is more particularly shown in the Declaration
Plan. '!'he Declarant declares that the Buildings if not completed at
the time of the recording of this Declaration shall be deemed in all
respects, when completed, to be subject to the provisions of this
Declaration.
56. Description of Unitsl Boundaries.
A. Subdivision into units. Declarant, in order to
.implement the plan of ownership for the Property permitted by the
Act, covenants, agrees and declpres that. Declarant hereby subdivides
the Buildings described in 55 hereof into 21 separate parcels of
real property, being the 21 Units referred to in this 56 and as
shown on the Declaration Plan. Every Unit referred to above, together
.with its undivided Common Interest in the Common Elements, shall for
all purposes be and it is hereby declared to be and constitute a
separate parcel of real property and the ownership of each Unit,
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together with said Common Interest, is for all purposes tho ownership
of real property. Subject only to the provisions of this Declaration,
the Code of Regulations, and all covenants, restrictions, easements,
rules, regulations, resolutions and decisions affecting the same and
relating thereto as may be contained in the Document. or a. may from
time to time be ~assed in accordance with the Declaration and the
Code of Regulations, each Unit may be held and owned by one or more
Persons in any form of ownership, real estate tenancy or relationship
recognized under the laws of the Commonwealth of Penn.ylvania, each
Unit OWner of a Unit shall be entitled to the exclusive ownership and
possession of his Unit, ~~~~~ch U~A~~__~~g~th~~w~t~_~~~_un~i~~ded
~9!M'0!LInterel!t. in, the_.common_J;:.l~m!tnt.s.,_.Il).a'y'_be__s~ld ,_con~ey'ed.
mortgaged....leased or otherwise dealt.with.by,the.Unit"Owner.thereof
in the same manner as is otherwise permitted by the laws of the
Commonwealth of Pennsylvania for any other parcel of real property.
Building 1 contains the following Units located in
Block 1: Ll, L2, L3~ L4, and L51 and Building 2 contains the following
Units in Block 1: L6, L7, LB, L9A, L9B, L9C, L9D, L9E, L9F, L9G, L911,
L9J, L9X, L9L, L9M, and L10.
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The Unit Designation of each Unit and the modular type
of each Unit, the location of each Unit and their dimensions and the
Common Elements to which each Unit has direct exit and other data'
concerning each Unit's proper identification are shown in the Decla-
ration Plan. The letters, or combination of letter and number,
~hich follow the Unit Designation as shown on the Declaration Plan
'.ave . the following meanings: "Gl" and Gl T" - One bedroom garden Un1. t:::7.\
"G2" and "G2T" - Two bedroom garden Unit, "TH3D" - Three bedroom and':';)
den townhouse Unit; "T2A" and "T2B" - Two bedroom triplex Unit, "T3" -.
Three bedroom triplex Unit, "F2" - Two bedroom fiveplex Unit; "F3" -
Three bedroom fiveplex Unit,.and "F4" - Four bedroom fiveplex Unit.
B. Boundaries.
Each Building Unit consists of: (i) the volumes .
or cubicles of space enclosed by the measured horizontally and vert1.',,:,:
cally from the unfinished inner surfaces of the perimeter walls and ....
the walls dividing the Units, the bottom surface of the top chord of
the roof truss and concrete slab upon which the Unit is constructed
(except in the case of first floor garden Units in which case the
vertical boundaries are the concrete slab and unfinished surface of
the ceiling., and in the case of second floor garden Units in which
case the vertical boundaries are the unfinished surface' of the .ceil1.ng
and the.unfinished surface of the floor dividing the second floor Unit
from the first floor Unit, and in the case of third floor garden Un1.ts \
in which case the vertical boundaries are the unfinished surface of
the ceiling and the unfinished surface of the floor dividing the th1.rd
floor Unit from the second floor Unit), including the inside surfaces
of all doors, windows and vents; (ii) all interior partition walls,
floors and other partitions located within the Unit (including the
space occupied by such walls, floors and partitions and the frames
~~ /of any doors or other op~nings in such walls or partitions) exceptin~~)
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such part of such interior walls, floors and partitions locatod
within the Units, if any, which may comprise part of the Common
Elements, and (iii) the decorated inner surfaces of all said walls,
roof frames and concrete slabs consrsting of paint, plaster,
plaster board, carpeting, floor tiles and other floor coverinqs,
and all other finishinq materials affixed or installed as a part
of the physical structure of the Unit and all .immediately vial.bltt,
fixtures, appliances, mechanical and electrical systems and equip-
ment, heating and air cooling systems and equipment installed for
the sole and exclusive use of the Unit, commencing at the point of
disconnection from the structural body of any Building and from
utility lines, pipes, or systems serving the Unit.
No pipes, wires, conduits or other public utility lines
or installations constituting a part of the overall utility system
designed for the service of any particular Unit, nor any of the
structural members or portions of any Building, nor any other
property of any k~nd which is not removable without jeopardizing
the soundness, safety or usefulness of the remainder of any Build-
ing shall be deemed to be a part of any Unit.
Each Unit Owner (including Declarant) shall have the ex-
clusive right to use the balcony, terrace, patio, chimney stack or
storage area adjoining his Unit or to use such storage area as'may
be assigned to his Unit by the Council.
57. Expansion.
A. Riqht to Expand. Subject to obtaining the written
consent of The Trustees of HNC Mortgage and Realty Investors, which,
consent shall not be unreasonably withheld, Declarant and its suc-
cessors in title shall have the. right (but without obligation to do
so) in their sole discretion without consent of the Councilor any-
Unit Owner or the holder of any lien on any Unit, at any time and
from time to time within seven years from the date of recordation
of this Declaration, to submit to the provisions of th~ Act and to
subject to, and include within the provisions of, the Condominium
Documents by amendment in form hereinafter mentioned, one or more
of the three tracts or parcels of land which are more particularly
described in Exhibit "c" attached hereto, made a part hereof and
incorporated herein by reference, as "Tract 1," "Tract 2" and
"Tract 3," together with the buildings and other improvements thereon
erected. The three tracts or parcels of land will be subjected to
the Condominium Documents and submitted to the provisions of the
Act in numerical sequence, so that Tract 1 will be submitted be-
fore Tract 2, and Tract 2 will be submitted before Tract 3. Upon
submission of a Tract as aforesaid, the Declarant and its successors
in title shall have the right to construct buildings and other im-
pr.ovements either partially or wholly on the Tract or Tracts then
or previously submitted, and on the Land described in 53 her.eof,
subject, however, to the limitations hereinafter mention~d.
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Upon submission of Tract 1 an additional 66 Units, contain-
ing not more than 145 bedrooms in the aggregate, will become part of
the condominium and the Property. Upon submission of Tract 2, an
additional 64 Units, containing not more than 128 bedrooms in the ag-
gregate, will become part of the Condominium and the Property. Upon
submis.ion of Tract 3 an additional 73 Units, containing not more than
171 bedrooms in the aggregate, will become part of the Condominium and
the property. The design and construction of the Buildings to be
erected on Tract 1, Tract 2 and Tract 3 ahall be of at least as good
quality and shall have architectural harmony with the Buildings erected
on the Land described in S3 hereof~
B. Form of Amendment.
Each amendment hereto submitting Tract 1, Tract 2
or Tract 3 to the provision of the Act and subjecting said Tracts to
the Condominium Documents shall contain the following:
(1) A reference to the Act and an expression
of intention to submit and subject the Tract and the Buildings and
other improvements erected, or to be erected, thereon to the provisions.
of the Ac~ and the Condominium Documents.
()) The name of the Condominium and a refer-
ence to the book and page in the Office for the Recording of Deeds of
Cumberland County where the Declaration, the Declaration Plan and all
~mendments thereto have been Recorded.
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(3) A description of the Tract and of the
Buildings and improvements erected or to be erected thereon and of the
Common Elements which will comprise part of the Condominium and
Property.
(4) . A description of the Units included in
said Buildings and the identification thereof by Unit designation.
<;1
(5) The proportionate undivided Common In-
terest in the Common Elements assigned to each Unit, erected or to be
erected on the Tract, expre~sed as a percentage and percentage
decimals to the nearest one-thousandth, and shall aggregate
precisely such percentage and decimal as, when added to the other
existing Common Interest as reduced pursuant to paragraph C of this
57, shall total 100'. . There shall be specified also the proportionate
undivided Common Interest in the Common Elements which will be
assigned to each Unit in the Tract being submitted to the Act in the
event an additional Tract shall be so submitted at a later date.
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C. ~ustment of Common Interests.
In the event Tract 1 shall be subjected to the Condo-
'::Jirminium Documents as above provided, then I (a) the Common Interest in
,I~~.. the Cornmon Elements of the 66 Units erected or to bo erected upon such
lubmission shall aggregate 75.639' of tho whole and shall be allocated
among such 66 Units on the basis of the approximate number of Iquare
feet of floor space contained in each such Unit, as the Declarant shall
determine, and (b) the aggregate of the Land described in S3 hereof
shall be reduced to 24.361' of the whole and the Unit Owners of Units
erected on the Land described in S3 hereof shall be divested of their
respective interests in the Cornmon Elements to the extent necessary
to vest in the Unit OWners of the new Units to be erected upon sub-
mission of Tract 1 75.639' of Common Interests in the Common Elements.
Thereafter the Unit OWners of the Units initially erected on the Land
described in S3 hereof shall have the respective Common Interests in
the Common Elements specified in Column 2 of Exhibit "A" attached
hereto and made a part hereof, and the Doclarant as the Unit Owner of
the Units to be erected upon submission of Tract 1 shall be vested
with and have the respective Common Interests in the Common Elements
,,,,) so specified in the amendment by which Tract 1 is submitted to the
"".' , .Condominium Documents.
In the event Tract 2 shall be subjected to the Con-
dominium Documents as above provided, then: (A) the Common Interest
in the Common Elements of the 64 Units erected or to be erected upon
such submission shall aggregate 41.488' of the whole and shall be
allocated among such Units on the basis of the approximate number of ,
~~.square feet of floor space contained in each such Unit, as the Declarant
~~ shall determine; and (b) the aggregate of the Common Interests in the
Common Elements of the Units erected on the Land described in S3 hereof
and on Tract 1 shall be reduced to 58.512% of the whole and the Unit
Owners of Units erected on the Land described in S3 and on Tract 1
shall be divested of their respective interests in the Common Elements
to the extent necessary to vest in the Declarant as the Unit Owner of
the new Units to be erected upon submission of Tract 2 41.488% of Com-
..:"~) mon Interests in the Common Elements.. Thereafter the Unit OWners of
"".':; the 21 Units initially erected on the Land described in S3 hereof
shall have the respective Common Interests in the Common Elements
specified in Column 3 of Exhibit "A" attached hereto and made a part
hereof; the Unit OWners of the new Units erected upon the submission
of Tract 1 shall have the respective Con~on Interests in the Common
Elements so specified in the amendment by which Tract 1 was subjected
to the Condominium Documents; and the Declarant as the Unit Owner of
the new Units erected upon the submission of Tract 2 shall be vested
with and have the respective Common Interests in the Common Elements
so specified in the amendment by which Tract lis subjected to the
Condominium Documents.' ,
In the event Tract 3 shall be subjected to the Condominium
Documents as above provided, then: (a) the Common Interests, in the
Common Elements of the 73 Units erected or to be erected upon sub-
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mi.. ion shall aggregate 33.492' of the whole and shall be allocated
among such units on the basis of the approximato number of square
feet of floor space containBd in each such Unit, as the Declarant
.hall determine, and (bl the aggregate of the Common Interests in the
Common Elements of the Units erected on the Land described in 53 hereof,
on Tract l and on Tract 2 .hall be reduced to 66,509' of the whole
and the Unit Owners of Units erected on the Land described in 53,
on Tract l and on Tract 2 shall be divested of their respective intdrests
in the Common Elements to the extent necessary to vest in the Declaran~
a. the Unit Owner of the new Units to be erected upon the submission
of Tract 3 33.492' of Common Interests in the Common Elements. There-
after the Unit Owners of the 21 Units erected on the Land described in
53 hereof shall have the respective Common Interests in the Common
Elements specified in Column 4 of Exhibit "A" attached hereto and
made a'part hereof, the Unit Owners of tho Units erected on Tract l
shall have the respective Common Interests in the Common Elements so
specified in the amendment by which Tract l was subjected to the
Condominium Documents, the Unit Owners of the Units erected on Tr.act 2
shall have the respective Common Interests in the Common Elements so
specified in the amendment by which Tract 2 was subject to the Con~
dominium Documents; and the Declarant as the Unit Owner of the new
Units to be erected upon the s4bmission of Tract 3 shall be vested
with and have the respective Common Interests ih the Common Elements
so specified in the amendment by which Tract 3 is subjected to the
Condominium Documents, .
The divestiture and vesting of interests in the Common
Elements as hereinbefore set forth shall take place automatically wh~n
the amendment is Recorded without the necessity of any other written
instrument either of grant or divestiture given by any Unit OWner.
D. Execution and Recording of Amendments.
Each amendment hereto submitting Tract 1, Tract 2 or Tract..
3 to the provisions of the Act and subjecting the same to the Con-
dominium Documents shall be executed solely by the Declarant on its
behalf. as well as on behalf of all Unit OWners affected thereby, and
each Unit OWner by his acceptance of a deed or conveyance to his Unit
hereby grants and shall be deemed to have granted to the Declarant
the power and authority to execute such amendments on his behalf. If
and to the extent further action may be necessary to effectuate such
Amendments in accordance with the Act, each Unit OWner, by his
acceptance of a deed or conveyance to his Unit, shall have granted to
the Declarant an irrevocable power of attorney, coupled with an
interest, 'empowering Declarant to approve and execute the Amendment
to the Declaration and Declaration Plan contemplated by this 57 and
to be effected pursuant to the provisions hereof, and no separate or
other signature, vote or other approval whatsoever of any Unit OWner
shall be requisite to the execution, filing of record or effectiveness
of any such amendments.
......
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Each amendment to tho DeclarAtion and DeclAration PLAn
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);l1~hall be Recorded and shall become effective on the date upon which
the .ame .hAll hAve been Recordea And apportionmonts of ~ssessments
shall be made accordingly as of such date. A copy of ,each such amend-
ment shall be delivered or sent to the 'Council by the Declarant
within 10 days after the recording thereof, but the delivery thereof'
to the Council shall not constitute a condition precedent to the
effectiveness of such amendment.
E. Status Prior to Expansion.
Unless And until the submission of a Tract to the provisions
of the Act by an ~ondment in accordance with this 57, fee simple
title to such Tract and to any and all buildings and improvements, if
any, erected thereon, shall rCll'l.i.n vested in the Declarant and its
successors and assigns ~nd no portion thereof and no interest
therein shall be a part of the Condominium hereby created, and no
costs or expense attributabln thereto shall be the responsibility of
,::,") any Unit OWner and shall be bo:ne solel~' by the Declarant. The
',': Declarant shall be under no obligation whatsoe\'er to submit: any Tract
to the provisions of the Act aad Declarant I s right to make any Tract a
part of the Condominiu.:n shall terrrtinate at the expiration of seven years
from the date upon which th~ Declaration is Recorded.
F. Effect of E~Dansion.
',~J~ I Upon subrnissior. of a Tract and the Buildings and other
-',- l.t:lprovements ther!lon erectec t.o the i\ct in accordance with this 57,
the Tract and the B~ildiogs a~d other irnprove~ents thereon erected so
submitted shall in all J.esp~cts be cc.:e:;:",-;i a part of the COndominium
hereby created, am: all proviGiol1s of the Condo:niniUI:l Documents shall
be applicable thereto and to all llni';.s and all Common Elements situate
thereon. The Common Elements situate on such Tract shall thereafter
be indivisible from the Co~~on Elements situate on the Land and any .
..::',,) Tract theretofore subr.\ittcd to the Act, and all Unit OWners shall own
~:~ their respective proportionate undivided Common Interests therein as
set forth hereinabove,
58. Unit 06cds,
A Cnit ~cd conveying title to a Unit shall be Recorded
and shall include the follo\\'ing: (i) the nar.,e by which the Property
is identified and known, viz, "\~ostwood Village Condominium"; (ii) a
statement that the Ploperty is located in East Pennsboro.Township,
Cumberland County, Pcnnsylva~ia; (iii) a reference to the Declaration
and the Declaration Plan, including reference to the place where the'
Declaration and the Declaration Flan, and any amendments thereof, are
Recorded; (iv) the Unit Oesignation of the Unit in the Declaration
Plan; (v) a reference to the last Unit Deed, if any, conveying such
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"nit, including the referenco to the place where the sarno WIIS Recorded,
t1itJ,.nd (viI the Common Interest in the Common Elements assignod to the
~~~nit by the Declaration, and any Amendments thereof,
Every Unit Deed, conveyance, lien or writt~n instrument
duling with . Unit using the Unit Designation assigned t~, a Unit shall
be deemed to include, without requiring specific reCerenc,' thereto or
enumerating them, all the appurtenances thereto, whether llpecificallY
described or not, and easements and covenants in favor oC the Unit and
similarly shall be subject to all easements and covenants in favor of others
59. Description of Common Elements and Provisit1ns Appli-
cable Thereto.
A. The Common Elements are described in 51 hereof
and are more particularly set forth and shown in the Decluration
Plan.
B. Each Unit has appurtenant and assigneel to it a
Common Interest in the Common Elements as set forth in Column 1 of
Exhibit "A" attllched hereto, made a part hereof and herein incorporated
,b)( reference, subject to adjustment, as provided in 57 hOL'eof.
C. The Common Interest of a Unit in the C~n~on Elements
shall be inseparable from each Unit, and any conveyance, lease, devise,
')r other disposition or mortgage or other encwnhrance of .my Unit shall
A.xtend to and include the Common Interest in the Common El.:!ments,
~ hether or not expressly referred to in the instrument' eft'.:!cting the
'same. The Common Interests of the Units in the Common El,'ments and
the fee titles to the respective Units conveyed therewith, shall not
be separately conveyed, transferred, alienated or encumbc~.:!d and each
,of said Common Interests shall be deemed to be conveyed, l'ransferred,
alienated or encumbered with its respective Unit notwithsl:anding the
description in the instrument of conveyance, transfer, ali.:!nation or
encumbrance may refer only to the fee title to the Unit.
D. The Common Elements shall remain undivlJed and no
action for partition or division of any part thereof shall be permitted,
except as provided in Section 802 of the Act.
E. The Common Interest appurtenant to each Unit shall
have a permanent character, shall be inseparable from each Unit and
shall not be altered or changed except pursuant to 57 her~of or by an
amendment to the Declaration duly executed by all of the l':\it owners
affected thereby and Recorded.
F. Except 'as their use may otherwise be li~ited by the
COndominium Documents, each Unit owner, tenant and occupant of a Unit,
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And the family members, guests, customers, clients, Agents And employees
~f such Unit Owner, tenant and occupant, may use tho Common Elements in
common with all other Unit ~'ners and tenants or occupants of other
Units, and their respective family members, guests, customers, clients,
agents and employees, in accordance with the purposes for which they.
are intended without hindering or encroaching upon the lawful rights
of the other Unit OWners.
G. No Unit OWner may exempt himself from liability with
respect to the Common Expenses by waiver of the enjoyment of the right
to use any of the Common Elements or by abandonment of his Unit or
otherwise. Conversely, the Council's responsibility under paragraph J
of this S9 shall be exercised without discrimination as between the
various areas and types of Common Elements.
H. The Council, and the Council's agents and employees,
shall have the irrevocable right and easement to have access to each
Unit from time to time during reasonable hours as may be necessary for
the inspection, maintenance, repair or replacement of any of the Common
Elements therein or accessible therefrom or the making of any addition
or improvements thereto; or to make repairs to any Unit or the Common
Elements if such repairs are reasonably necessary for public safety or
to prevent damage to any other Unit or Units or the Common Elemen~s;
or to abate any violation of law, orders, rules or regulations of any
governmental authorities having jurisdiction thereof.
I. The Council shall, if any questions arise, 'determine
the purpose for which a Common Element is intended to be used. The
Council shall have the right to promulgate rules and regulations
limiting the use of the Common Elements to Unit OWners and their
respective families, guests, invitees and employees, subject to the
'right of a Majority of the Unit OWners to change any such rules and
regulations.
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J. The maintenance, repair, replacement, cleaning,
sanitation, management, operation and use of the Common Elements and
the making of any additions or improvements thereto shall be the re-
sponsibility of the Council and shall be carried out as provided in
the Code of Regulations, but nothing herein contained shall be con-
strued so as to preclude the Council from delegating these duties to
a manager or agent or to other persons, firms or other corporations.
K. The Common Expenses incurred or to be incurred
for the maintenance, repair, replace~ent, cleaning, sanitation, man-
agement, operation and use of the Common Elements and the making of
any additions or improvements thereto shall be assessed by the Council
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against, and collected from, the Unit owners.
L. No Unit owner Ihall do any work which would affect
or alter any of the Common Elements, or jeopardize the soundness or
safety of the Property, or impair any easement, covenant or heredita-
ment therein without the unanimous consent of the Unit OWners affected
thereby. . "
510. The Declaration Plan. The Declaration Plan shows
fully and accurately, among other things, the extent of the Property,
the location of the Buildings on the Land, the floor plans of the
Buildings, including the Units and the Common Elements, the Unit Desi~-
nation for esch Unit and the name by which the Property is known.
The Declaration Plan is to be Recorded contemporaneously
with the recordation hereof, and is hereby incorporated herein as if
fully set forth herein. Any discrepancy or inconsistency between
the Declaration and the Declaration Plan in the description of the
Units, or the Common Elements, or both, shall be resolved in favor
of the description contained in the Declaration Plan.
.,511. Administration of the Property. The administration
of the Property shall be governed by the Code of Regulations, a copy
of which is to be Recorded immediately subsequent to the recording
of the Declaration and the Declaration Plan.
, The first members of the Council specified in 521 of the
Declaration shall establish and adopt the original Code of Regula-
~lons. Thereafter, no amendment or change of the provisions of the
:ode of Regulations shall be effective unless it 1s adopted at a
meeting of the Unit Owners by the affirmative vote of at least those
Unit owners who represent a majority of votes entitled to be cast
at that meeting, and such amendment is Recorded.
512. Duties of the Council. The duties of the Council
shall include the following: ------
(a) The maintenance, repair and replacement of the
Common Elements;
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The making of Assessments and collection of
Unit Owners for Common Expenses and the payment
(b)
Common Rece10ts from
of Common Expenses;
(c) The promulgation, distribution, interpretation
and enforcement of rules and regulations governing the details of
the use and operation of the Property and of the Common Elements,
subject to the right of a Majority of the Unit Owners to change ~~y
such rules and regulations; and '
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(d) The other duties set forth 1n the Declaration
and the Code of Regulations.
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S13: Powers of the Coun~il. Subject to the limitat1ens,
and restrictions-Contiined in the Act. the Declaration and the Code
of Regulations. the Council shall on behalf of the Unit Owners:
(a) Have power to manage the operation and affairs
of the Property and for such purposes to engage employees and appoint
agents and managers and to define their duties and fix their compen-
sations. enter into contracts and other written instruments or docu-
ments and to authorize the execution thereof by officers elected by
the Council; and
(~) Have such incidental powers as may be appropri-'
ate to the performance of their duties.
" Sl~. Votin~i~ts of Unit Owners. The voting rights of
Unit owners shalr-bei'compute-d~t1le!basil of each Unit OWner's Com-
mon Interest in the Common Elements. The number of votes which each
Unit Owner shall be entitled to cast at any meeting of the Unit OWn-
ers shall be equal to the respective figure shown opposite the Unit
Designation of the Unit owned by such Unit Owner in Exhibit "A" hereof
(representing the percentage of Common Interest in the Common Elements)
multiplied in each case by 1,000 thereby resulting in 100,000 votes
in the aggregate.
The right to cast the votes applicable to a particular
Unit shall be established by the record title of such Unit. There-
after. (i) except as hereinafter provided as to a Unit owned by a
husband and wife. if a Unit is owned by more than one individual.
the individual entitled to cast the votes for the Unit shall be
designated by a c~rtificate signed by all the record Unit Owners
of the Unit and filed with the Secretary of the Council; (ii) if
a Unit.is owned by a corporation, the individual entitled to cast
the votes for thp. Unit shall be designated by a certificate of ap-
pointment signed by the preside~t or vice prp.sident, under its cor-
porate seal, and attested by the secretary or assistant secretary,
of the corporation and filed with the Secretary of the Council, and
(iii) if a Unit is owned by a partnership, the individual entitled
to cast the votes for the Unit shall be designated by a certificate
signed by all partners and filed with the Secretary of the Council.
, Any such certificate shall be valid until revoked or until
superseded by a subsequent certificate or until a change in the own-
ership of the Unit concerned. A certificate designating the individ-
u~l entitled to cast the vote of a Unit may be revoked by any Unit
OWner thereof.
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If a Unit shall be owned by a husband and wlfe, then they
may, but shall not be required to, execute a certificate designating
an indlvidual ~o cast the votes for their Unit. It auch a certifi-
cate ahall not be executed and if both of them are unable to agree,
as to the manner in which the votes applicable to thelr Unit shall
be cast, then the votes applicable to such Unlt shall not be counted;
provlded, however, that if only one of them shall be present at a meet-
ing of the Unit ~~ners, the spouse present may cast the votes appll-
cable to the Unit unless prior thereto the other spouse, by written
notice to the Secretary, shall deny authorization of the spouse pres- ,
ent to cast such votes.
Sl5. Sharin~ of Common Expenses and Common Profits. The
Unit Owners shallShare, -be l1able and charged for and fie-bound to
contribute to," Common Expenses in the same proportlon as thelr re-
spective Common Interests in the Common Elements. The Unit Owners
shall share, and be entitled to, Common Profits in the same propor-
tion ns their respective Common Interests in the Common Elements.
.
S16. Assessments and their Enforcement.
.
A. All Assessments levied by the Council against
any Unit for the share of Common Expenses chargeable to that Unit
shall constitute the personal liability of the Unit Owner of the
Unit so assessed and shall, until fully paid, together with inter-
est thereon as provided by law, constitute a char~e against such
Unit which shall be enforceable as prov1ded in Section 703'of the
Act.
B. Any Assessment against a Unit may be enforced
by suit by the Council acting on behalf of the Unit Owners in an
action in assumpsit; provided that each su1t when filed shall refer
to the Act and to the Un1t aga1nst wh1ch the Assessment 1s made and
the Unit Owner thereof and shall be indexed by the prothonotary as
11s pendens. Any Judgment aga1nst a Un1t and the Un1t Owner shall
be enforceable in the same manner as is otherw1se prov1ded by law.
C. A first mortgagee of any'Unitwho comes into
possession of the Unit pursuant to the remedies prOvided in the
mortgage, foreclosure of the mortgage, or deed in lieu of fore-
Closure, shall. take the Unit free of any claims or unpaid assess-
me~ts at the t1me sU7h mortgagee comes.into the possession of the
Un1t (except for cla1ms for a pro rata share of such assessments
or charges resulting from a pro rata reallocation of such assess-
ments to. all Units, including the mortgaged Unit). " .
D. In the event that title to a Unit shall be
tra~sferred by sheriff's sale pursuant to execution upon any lien
a~a1~;t the Unit, the Council shall give notice in writing to the
~ ~r bf of any unpaid Assessments which are a charge agai'nst the
t~ t ut have not been reduced to lien pursuant to Section 703 of
e Act. The Purchaser at such sheriff'F sale and the Unit'
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involved shall not be liable for unpaid Assessments which became
due prior to the sheriff's sale of the Unit. Except as provided
in Paragraph C above, any such unpaid Assessment Which cannot
be promptly collected from the former Unit Owner .hall be re-
asses.ed by the Council as a Common Expense to be collected from
all of the Unit Owners, inclUding the purchaser who acquired
title at the sheriff's sale, his SUccessors and assigns. To pro-
tect the Council's right to collect unpaid Assessments which are.
a charge against a Unit, the Council may, on behalf of the Unit
OWners, purchase the Unit at sheriff's sale provided such action
is authorized by the affirmative vote of a majority of the me"~ers
of the Council, and if the Council does effect such purchase, the
Council shall thereafter have the power to sell, convey, mortgage
or lease such Unit to any Person whatsoever. Notwithstanding any
foreclosure, tax sale, jUdiCial, or other forced sale of a Unit,
all applicable prOvisions of the Condominium Documents shall be
binding Upon any purchaser at such sale to the same extent as they
would bind a voluntary grantee, except as prOVided in Paragraph C
above and except as provided by law.
E. Except as provided in Paragraph C above, Upon the
voluntary sale or conveyance of a Unit, the grantee shall be joint~y
. and severally liable kith the g~antor for all unpaid Assessments
which are a charge against the Unit as of the date of the sale 'or
conveyance, but such joint and several liability shall be without
prejUdice to the grantee's right to recover from the grantor the
amount of any such unpaid Assessments which the grantee may pay,
and Until any such Assessments are paid, they shall continue to be
a charge against the Unit which may be enforced in the manner set
forth in Section 703 of the Act; prOVided, however, that any Person
who shall have entered into a written agreement to purchase a Unit
shall be enti.tled to obtain a written statement from the Treasurer .
of the Council setting forth the amount 9f unpaid Assessments charged
against the Unit and the Unit Owner, and such statement shall be
furnished within 10 days after written request therefor. If such-'
statement does not reveal the full amount of the unpaid Assessments
as of the date it is rendered, neither the purchaser nor the Unit
shall be liable for the payment of an amount in excess of the unpaid
Assessments shown thereon. Any such excess which cannot be prompt~y
collected from the former Unit Owner may ,be reassessed by the Council
as a Common Expense to be collected from all of the Unit Owners, in-
cluding the purChaser, his heirs, executors, administrators and assign
517. Maintenance and Repair of Units.
A. No Unit Owner except for the Declarant shall make
any structural modifications or alterations within his Unit without
the written consent of 'the Council. No Unit Owner shall take any
action under any circumstances which does or may tend to impair the
structural integrity of, or adversely affect or jeopardize the sound-
ness or safety of, any part of the Property or impair any easement,
right or hereditaments appurtenant thereto or affect the Common
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Elements without the unanimous written consent of all Unit Owners
who might be affected thereby. No Unit Owner except for the De-
clarant shall contract for or perform any maintenance, repair, re-
placement, removal, alteration or modification of the Common Ele-
ments, oxcept through the Council.
. B. It shall be the r~spon.ibility of the Council to
maintain, repair or replace:
(i) All portions of any Unit which contribute
to the support of any Building or other improvements on the Land,
inclUding load bearing walls, but excluding paint, wall papering,
plaster, decorating or other work on the interior surfaces of walls,U
ceilings and floors within such Unit1 ;
(ii) .All portions of any Unit which constitute
a part of the exterior of any Building;
(ii~) All Common Elements within any Unit1 and
(iv) All incidental damage caused by work done
'in any Unit by direction of th~ Council.
C. It shall be the responsibility of the Unit Owner:
(i) To'maintain, repair, or replace at his own
expense all portions of his Unit which may cause injury or damage to
the other Units or to the Common Elements except the portions thereof
mentioned and described in S17B hereof;
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(ii) To paint, wallpaper, plaster, decorate and
maintain the interior s~rfaces of all walls, ceilings, doors, door .
frames, windows, windo~'1 frar::esanc vents, anc f~oo::::; within tho
Unit1
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(iii) To pay the expenses incurred by the Council
in making repairs or replacements of the Common Elements caused by /:::::
his willful ,or negligent act or failure to act1 '..:'
. (iv) To pay the expenses incurred by the Council
in makJ.ng re~airs or replacements to any chimney stack, balcony, '.
terrace, patJ.O or storage area with respect to which he has an ease~
ment for exclusive use as provided in the Declaration caused by his ;
willful or negligent act or failure to act;
(v) To maintain in I!I neat and orderly condi tion
any chimney stack, balcony, terrace, patio or storage area with re-
spect to which he has an easement for exclusive use as provided in
the Declaration1
(vi) To perform his responsibilities in such a
manner and at such reasonable hours so as nor. to distu~b other Unit
OWners1
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(vii) To refrain from repairing, altering, replac-
ing, painting or otherwise decorating or changing the appearance of
,~\. any portion of the Common Elements without first obtaining the consent
,;;~l in' writing of the Council and to refrain from repairing, altering, re-
placing, painting, decorating or changing any exterior appendages to
the Unit without obtaining the aforementioned consentl and
(viii) To notify the councilor its agents prior to
performing any repair work of any kind, the responsibility for which
lies with the Council. The failure of the Council to take action on
such notice shall not be deemed a waiver by it of its rights nor shall
it be deemed to constitute its consent thereto or its agreement to pay
for such work. The Unit OWner shall abide by any terms specified by II
the Council relating to the conduct of such repair work. V t
D. Nothing in this 517 contained shall be construed
so as to impose a personal liability upon the members of the Council
or officers of the Council for the maintenance, repair or replacement
of any Unit or Common Element.
SlB. Restrictions and Covenants.
A. General.
Every Unit OWner shall, and by his acceptance of
his Unit Deed covenants on behalf of himself, his heirs, successors
and assigns that he will, comply strictly with the terms, covenants
~ and conditions set forth in the Condominium Documents, the rules,
. ~./I regulations, resolutions and decisions adopted pursuant thereto, 'and
the Unit Deeds, in relation to the use and operation of the Units,
the Common Elements and the Property. Failure to comply with any
of the foregoing shall be grounds for an action to recover sums due, ,
for damages, or injunctive relief or any or all of them. Such action
may be maintained by an aggrieved Unit OWner, or any member of the
Council on its own behalf or on behalf of the Unit OWners, or by any
Person who holds a mortgage lien upon a Unit and is aggrieved by any
~~) such non-compliance. In any case of flagrant or repeated violation
" by a Unit OWner, he may be required by the Council to give sufficient
surety or sureties for his future compliance with said covenants,
conditions, restrictions, Condominium Documents, rules, regulations,
resolutions and decisions. ;:
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B. Specific Restrictions on Use of Units.
(1) Each Unit is intended to be, and shall be,
used as a private residence only.
(2) MY other use of any Unit shall be' permitted
only with the prior written consent of the Council and where permitted
by law.
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(3) A Unit OWner shall not use, permit or allow '
the Unit or any part thereof to be used for an offensiv~ or unlawful
purpose and he shall not permit or allow any nuis~nce within the Unit
and he shall not use, permit or allow the Unit to be used in a manner
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which will be a source of annoyance to Unit Owners or other r~sidents
of the Property or which in any way interferes with the peaceful pos-
session, enjoyment and proper use of the Property by the other Unit
Owners or other residents thereof.
(3) The acceptance of a Unit Deed or the ente~illg
into a lease or the entering into occupancy for a Unit or the accept- ",
. ance of a mortgage on a Unit, shall constitute agreement that the pro.:.<'
visions of the Declaration of Covenants and Restrictions, the Certifi- ......
cate of Incorporation and By-Laws of the Association, together with
the rules and regulations promulgated thereby, as they initially exist
or as they may be amended hereafter from time to time, are accepted
and ratified by such Unit Owner, tenant,. occupant or mortgagee nnd(
all of such provisions shall be deemed and taken to be covenants .
running with the land and shall bind any person having at any time
any interest or estate in such Unit as though such provisions were
recited and stipulated at length in each and every deed or convey-
ance or mortgage or lease thereof.
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(4) All expenses and other charges by the Asso-
ciation ~gainst a Unit shall constitute a lien against said Unit in
favor of the Association which lien shall be prior to all other liens
except (i) the lien for any real estate taxes or general or special
assessments by the local taxing authorities, (ii) the ~ayments due
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under any bona fide mortgage instruments of encumbrance, if any,
duly recorded: and (iii) liens created under this Declaration in
favor of the Council by reason of non-payment of Assessments, pro-
vided, however, a first mortgagee of any Unit who comes into
possession of the Unit pursuant to the remedies provided in the
mortgage, foreclosure of the mortgage, or deed in lieu of fore-
closure, shall take the Unit free of any claims for unpaid charges
or assesaments of the Association at the time such mortgagee comes
into possession of the Unit (except. for claims fot a pro rata 8ha~e
of such charges or assessments resulting from a pro rat. reallocation'
of such charges or assessments to all Units, including the mortgaged
Unit). '
519. Mechanic's Liens Against Units.
II
Any mechanic's lien arising as a result of repairs to or
improvements of a Unit by a Unit OWner or by the Council shall be a
lien only against such Unit. Any mechanic's lien arising as a result
of repairs to or improvements of the Common Elements, if authorized .
in writing pursuant to a duly adopted resolution of the Council, shall
be paid by the Council as a Common Expense and until so paid shall be
a lien against each Unit in a percentage equal to the Common Interest
in the Common Elements relating to such Unit.
520. Encroachments: Easements.
A. In the event that any Unit or any portion of the.Com-
mon Elements has hitherto encroached upon or hereafter encroaches
upon any other Unit or upon any other portion of the Common Elements
as a result of: (i) settling of the Land or any improvements there-
on: or (ii) deviations arising from the original construction: or
(iii) alterations, repairs or additions to any Unit or to any
portion of the Common Elements: or (iv) condemnation or eminent do-
main proceedings relating to any Unit or any portion of the Common .
Elements, or , in the event that any encroachment by any Unit or any
portion of the Common Elements 'upon any other Unit or upon any other
portion of the Common Elements shall occur as a result of the partial
or total destruction of any Unit or any portion of the Common Elements,
and of the rebuilding or reconstruction thereof in substantially the
same location, a valid easement with respect to any such encroachment
and for the maintenance of the same shall exist for so long as the
Units and/or Common Elements affected thereby shall stand. ~
B. In interpreting any and all provisions of the Condo-
minium Documents, subsequent Unit Deeds to, and mortgages of, Units,
the actual location of the Unit shall be deemed conclusively to' be
the property intended to be conveyed, reserved or encumbered notwith-
standing any minor deviations, either horizontally, vertically or
laterally, from the locations as indicated on the Declaration Plan.
described
thereon.
C. The Property initially constitutes the real property
in Exhibit "B" together with the improvements located
The Declarant is the owner in fee simple of the. adjoining
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D~ Easements are hereby established for the use and benefit
of all owners, Unit Owners, occupants and tenants of Units or Buildings
located on the Land hereby submitted to the provisions of the Act or .'
on Tract 1, Tract 2 or Tract 3, for the mutual, reciprocal and indepe.:
dent'use of th~ facilities and utilities located on any of said real .,
property, as follows: .
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real property constituting Tract 1, Tract 2 and'Tract 3, and reserves
to itself, its successors and assigns a non-exclusive easement for
the use, egress and ingress over all of the Common Elements of the
Property for purposes of access, the storage of building materials and
equipment and, without limitation, for any and all purposes reasonably ,
related to the completion of the marketing, rental, construction, main~
tenance and repair of the real prope~ty and improvements to be located
on Tract 1, Tract 2 and Tract 3. The Developer shall have the right,
from time to time, to use said Common Elements for ingress and egress
of trucks, motor and other vehicles (including, but not limited to,
construction vehicles and equipment) and by persons on foot for the
purpose of installing and maintaining streets I water linesl sanitary
and storm sewersl telephone, gas and electric lines over, along an4
across said Common Elements and for access to the construction sites
on said Tracts 1, 2 and 3 for itself, its agents, employees, servants,
invitees and licensees.
(i) Easements for vehicular
and maintenance, repair and replacement of
pedestrian walks and streets leading to or
aforesaid real property.
or pedestrian ingrcss, egres:
parking areas, g_trden areas,
from and across any of the .
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(ii) Easements for use, maintenance, repair and replacemel
of water linesl sanitary and storm sewersl telephone, communication, ga:
and electrical lines and appurtenances necessary or incidental thereto
which serve any of the aforesaid real property.
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the use
(iii) The easements herein established are
use and benefit of the above enumerated parties
of the general public.
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and are not for
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(iv) To the extent that any street, pedestrian walk, park
area or any other facility is located within the Property, the cost of ,
the maintenance, repair or replacement and operation of the eascments
with respect thereto shall be borne by the Condominium Unit Owners as a
Common Expense. To the extent that any such street, pedestrian walk,
parking area or any other facility is located outside the Property, the ,
cost of the maintenance, repair or replacement and operation of the eas.
ments with respect thereto shall be borne by the owner or owners of suc:,
other real property on the basis of the number of Units located on such
other real property or on such other basis as those owners shall agree
upon among themselves. To the extent that a street, pedestrian walk,
parking area or other facility is shared by the Property and other real
property and a physical allocation, on the basis of square footage lo-
cated within and without the Property is not feasible, then the cost of'
the maintenance, repair or replacement and operation of the easements r ..
affected shall be shared by the Condominium (as a Common Expense) ana ,~)
the owners of the other real property on the basis of the number of Uni
located within the Property and within the other real property. I
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521. First r-Iembers of the Council. The first members of
the Council are: John E. Swan, Catherine Magill, Frank Wilson,
Franklyn Failing and Margaret Failing.
522. Insurance; Repair or Reconstruction. The Council
shall maintain the insurance specified in the Code of Regulations.
The premiums for such insurance shall be Common Expenses.
.
In 'the event of damage to or destruction of one or more of
the improvements comprising part of the Property, the damage shal~
be repaired and such improvement or improvements restored as provided
in the Code of Regulations; provided, however, that in the case o~
substantially total destruction of one or more of the Buildings, ehe
Code of Regulations may make provision for an exception to such re-
quired restoration.
'523. Eminent Domain. Whenever all or part of the Common
Elements shall be taken, injured or destroyed as the result of the
exercise of the power of eminent domain, each Unit Owner shall be
entitled to notic.e thereof and to participate in the proceedings
incident thereto, but in any proceeding for the determination of
damages, such damages shall be determined for such taking, injury
or destruction as a whole and not for each unit Owner's interest
therein. After such determination each Unit Owner shall be entitled
to a share in the damages in the same proportion as his Common'In-
terest in the Cornmon Elements subject to the provisions of the Code
of Regulations. The Code of Regulations contains provisions for
restoration and rebuilding after a taking, injury or destruction of
part of any improvement comprising 'part of the Property pursuant to
the exercise of the power of eminent domain.
. S2~. RE!.m~a_Lo_r... Pr_QP.er_~from Act. The Property may be
removed from the provisions of the Act at any time by a Revocation
expressing the intention to do so. No such Revocation shall be ef-,
fective unless and until it i~ executed by all of the Unit Owners
and by the holders of all mortgaBes, judgments and other liens affect-
ing the Units, anu is duly Recorded. When the Property has been re-
moved from the provisions of the Act. the former Unit ~wners shall.
at the time such removal becomes efrective. become tenants in com~on
of the Property, and the holders of mortga~es. jud~ments and other
liens against the Unit or Units formerly owned by such Unit Owners
shall have mort5a~es, judgments and liens upon the respective un-
divided cornmon interests of the Unit Owners in the entire Property.
The undivided interest in the Property owned in common which shall
appertain to each Unit O~mer following such removal shall be the
same percentage as' the Cornmon Interest previously owned by such
Unit Owner in the Cornmon Elements. All funds held by the Council
and all insurance prQceeds. if any. shall be and continue to be
held for the Unit Owners in proportion to the amount of their re-
spective Cornmon Interests. The costs incurred in connection with
such removal shall be a Common Expense.
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If the Property shall be removed from the provisions of
the Ar.t, then the Property shall be subject to an action for par-
tition by any Unit Owner or lienor as if owned in common, in which
event the net proceeds of sale shall be divided among all the Unit
Owners in proportion to their respective Common Interests; provide~,
however, that no payment shall be m3de to a Unit Owner until there
has first been paid off out of his share of such net proceeds all
liens or charges on his Unit. Such removal of the Property from
the provisions of the Act shall not preclude its subsequent sub~is-
sion to the provisions thereof in accordance with the terms of the I
Act. ~
: ~25. ~~n~~n~. Except ~s otherwise provided in the De1
claration and/or the Act, the~ration and the Declaration Plan r.
may be amended in the followi~~nner:
(i) Notice of the SUbject matter of the proposed
amendment in reasonably detailed form shall be included in the no-
tice of any meeting of the Unit Owners held in accordance with the
provisions of the Code of Regulatiohs at which a propos~d amend-
ment is to be cons1dered.
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. (ii) A resolution adopting a proposed amendment may
be proposed by either the Councilor by a Majority of the Unit Owners
at a meeting called for that purpose. Such amendment must be approved
by not less than eighty percent (80~) of the Unit Owners voting in
accordance with the procedures established by the Code of Regulations c~
and of the holders of seventy-five percent (75%) of the first ~lli~
mortgages of illl of the Units (based upon one vote for each first
mortgage owned) and, if the amendment has a significant adverse
effect upon the use or enjoyment of, or the services available to, .1
a particular class of Units, then also by eighty percent (80%) of
the Unit Owners of such class of Units and their first mortcaaees,
similarly voting. J -
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(111) All amendments made as 'provided in this ~25 shal f'..;"""
be evidenced by a written instrument, executed and acknowledged by the
members of the Council, ,~h1ch shall contain a certification that the
amendments were approved in accordance with this ~25. Such instru~ent
shall be Recorded and shall b~come effective on the date upon whicij
such instrument shall have been Recorded. Copies of such instrument
shall be sent to each Unit Owner in the manner provided in the Code
of Regulations for the (l;ivin~ of notices to Unit Owners, but the
same shall not constitute a condition precedent to the effective-
ness of such amendment.
526. Provisions Applicable to Daclar~nt.
Notwithstanding any other provisions herein cr in the Code
of_J'legul.ations contained, for so long as Declarant continues to own
~y of the Units the follo'O'/ing provisions shall be deemed to be in
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full force and effect, none of which shall be construed so as to
relieve Declarent from any obligations of a Unit Owner to pay
Assessments as to each Unit owned by Declarant in accordance with
the Documents after the construction of the Unit has been completed.
(i) Declarant shall have the right at any time to
sell, transfer, lease or re-let, any Units which Declarant contin~es
to own after the Condominium Documents have been Recorded, without
regard to any restrictions relating to the sale, transfer or lease
of Units contained in the Condominium Documents, and without the
consent or approval of the Councilor any other Unit Owner being I
required therefor.
(ii) For so long as Declarant owns
which have been submitted to the provisions of th~
of the members of the Council shall be selected by
. ~i
f1ve or more Un ts
Act a majority'
the Declarant. \
(iii) Declarant does not make, and specifically dis-
claims any intent, to have made, any warranty or representation in
connection with any Unit, the Common Elements, the Property or the
Condominium Documents except as specifically set forth herein or in
any agreement of sale for a Unit, and no person shall rely upon any
warranty or representation not so specifically made therein.
(iv) No amendment may be made to the Condominium
Documents without the written consent of Declarant so long as
Declarant retains the ownership of ten or more Units which have
been submitted to the provisions of the.Act.
(v) The Declarant shall have the right to transact
on the Property any business necessary to consummate the sale of
Units, inclUding, but not limited to, the right to maintain models,
display signs, employees in the office and to use the Common Elements. ~
,
(vi) During the period of time in which the Buildings
and Units are under construction by the Declarant and not completed,
no Assessments for Common Expenses shall be made against the Declar-
ant as the owner of the Units which shall not have been completed
until the completion thereof, and the Common Expenses shall be
assessed against the Unit OWners (including the Declarant) of those
Units which shall have been ccmpleted in the proportions which their
respective Common Interests in the Co~~on Elements bear to each ~
other. t
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~. Frovisions for the Protection of the Construction
Mortgagee. Notwithstanding anything to the contrary contained in
the Declaration, the Code of 'Regulations, the rules and regulations
of the Council, and all other Condominium Documents, until the
s~tisfaction of record of the mortgage (the "Mortgage") upon Property
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recorded in the Office of the Recorder of Deeds of Cumberland
I
Count.y, Pennsylvania, in Mortgage Book ~G~ at page 69 ,
as it. may be amended, modified, or exten e from time to time,
now held by The Trustees of HNC Mor.tgage and Realty Invest.ors
(t.he "Trustees"), tJJp f'n11n"lin.9...2r.Dvi.s.ions shall be a part of
the Declarat.ion, the Code of Regulations and all other Condominium
Documents and shall supersede any inconsistent provisions cont.ained
therein:
required by
and joinder
(i) Whenever the consent of the Declarant. is
any of the Condominium Documents, the written consent I
of The Trustees shall also be required.
J
(ii) The Council shall be required to give The i
~ste!!.l'l..~..tit~erU)Qtice of any d~w.S;...Qy'. !;h~ Dec;L~&:ant ';1"~er the:
Declaration, the Code of Regulations or any other Condomlnlum Doc-
ument, and shall be prohibited from pursuing any ~am~ which the
Council may have ~gai~~~ ~he_Declarant with respect to such default
until it.-'~~s giv~n :T.lie...Tr""""es_ten.days prior written notice .of its
i~~p~t~ ex~~qise s~ch remedy., during which time The Trustees shal~
have the ris.!!!-~Q...9l!E~ any. .;!!J.c;:n d~f.a,\.lu....,
(iii) The Trustees shall be given written notice of
any meeting of the Councilor Unit OWners, together with the agenda
of such meeting. Such notices shall be given in the same m~~ner as
notices are given to the members of the Councilor the Unit OWners,
as the case may be, under the provisions of the Code of Reguldtions.
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", (iv) No amendment shall be made to the Declaration or.~~:.
the Code of Regulations which would reduce the amount of the insur- -
ance coveragG presently required, which would alter the procedure .
for repairing the Buildings, which would alter the rights of The
Trustees or which would, in any other way, affect the security of
the Mortgage, without the written consent and joinder of The Trust':'
ees to any such amendment.
(v) I,;...T.be 'l'rm;tees.Jihould...a.C:<::;l;!.p-t ~..deEld from th~ .:::
~lar~n~ ;~l~_Qf-f~~~p.~osurc-Qf th~ Mor~gage, The Trustees shal~"
not...I?~;1.i"hl,. fOJ:- .unpaicLAssess!llen.ts..oL.. the..Deciilrant. w.hici)'. accrued
prior.-!.o the convey.mce.J~ur:.~(;'Li.lLJ.!.~\!..Q.; f..RF.~.g~.9.JSJ!I!:;.. .' . .
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(vi) If The Trustees declare the Declarant to be in
default under the Mortgage and either assume possession of the un-.
sold.Units or acquire title to the unsold Units upon foreclosure of
the Mortgage (whether by purchase of the unsold Units at foreclosure
sale, by deed in lieu 01 foreclosure or otherwise), The Trustees or
their successors and assigns shall have and enjoy all of the rights,
privileges and in~unities granted to the Declarant under the Decla-
ration, the Code of Regulations and the other Condominium Documents~
provided, .however, that this provision will not in any way limit the
provisions of the Act, the Declaration and the Code of Rngulations
which provide that the purchaser of a Unit at foreclo&ure sale or
by deed in lieu of foreclosure shall not be liable for unpaid assess-
ments against such Unit which accrued prior t.o such sale or. transfer.....,;'
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recorded in the Office of the Recorder of Deeds of Cprnberland
County, Pennsylvania, in Mortgage Bool< ~licf at page 69 ,
as it may be amended, modified, or exten e from time to time,
now held by The Trustees of HNC Mortgage and Realty Investors
(the "Trustees"), t;j).. fnlln"O/in.IJ....P.r.JJvisions shall be a part of.
the Declaration, the Code of Regulations and all other Condominium
Documents and shall supersede any inconsistent provisions contained
therein:
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required by
and joinder
(i) Whenever the consent of the Declarant is
any of the Condominium Documents, the written consent I
of The Trustees shall also be required.
~
(ii) The Council shall be required to give The :
t!J!~te!!.13 .JfJ.:itj:'sn..nQtice of any d~l.lJ.S:..~Y.. 1;h~ De~;Lu.ant under the:
Declaration, the Code of Regulations or any other Condominium Ooc~
ument, and shall be prohibited from pursuing any ~am~ which the
Council may have ~ga~~~~ ~he_Declarant with respect to suc~ defau~t
until it has givt;!n :T.Iie...Tr..,,+-r'es_ten.days prior written oot1ce .of 1tS
i~~F~t~'ex~t~ise s~ch remedy., during which time The Trustees shall
have the ri~~2...C;:.EE~ an:i.);!}1J.n Qd.C\\.l.l..1;.~.,
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(iii) The Trustees shall be given written notice of
any.meeting of the Councilor Unit OWners, together with the agenda
of such meeting. Such notices shall be given in the same m~~ner as
notices are given to the members of the Councilor the Unit OWners,
as the case may be, under the provisions of the Code of Reguldtionso
(iv) No amen~~ent shall be made to the Declaration O~;;.
the Code of Regulations which would reduce the amount of the in sur- '-""
ance coverage presently required, which would alter the procedure' i
for repairing the Buildin~s, which would alter the rights of The
Trustees or which would, in any other way, affect the security of
the Mortgage, without the written consent and joinder of The Trust~
ees to any such amendment.
.
(v) I~....T.he 'l.rn"'toees.Jihould....a.c~e.P.~ ~..deed from th~ . :.:
~clar~n~ i~l~_aL-for~9.tosure.Qf ~h~ Mortgage, The Trustees shall"
not".i?.!L.lii'h1.. fOl;. unpaid... Assesslllen.ts..oL.. the..Deciarant. w.hicQ'"accrucd
pri~~o the convcy.:mce.'p'Y d~~c:Li..!!...J.~!!~..2.~ ~_RF.~gl..Q~J.!.I~.. '"
(vi) If The Trustees declare the Declarant to be in
default under the Mortgage and either assume possession of the un-.
sold.Units or acquire title to the unsold Units upon foreclosure of
the Mortgage (whether by purchase of the unsold Units at foreclosure
sale, by deed in lieu of foreclosure or otherwise), The Trustees or
their successors and assigns shall have and enjoy all of the rights,
privileges and immunities granted to the Declarant under the Decla-
ration, the Code of Regulations and the other Condominium Documents.
provided, ,however, that thi.s provision will not in any way limit the
provisions of the Act, the Declaration and the Code of Rogulations
which provide that the purchaser of a Unit at foreclo&ure sale or
by deed in lieu of foreclosure shall not be liable for unpaid assess-
ments against such Unit which accrued prior to such sale or. transfero___/
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(viiI Without the prior written consent of The
Trustees, which consent shall not be withheld unreasonably, the
council shall neither select an insurance trustee as required
under the provisions of the Code of Regulations nor enter into
an Insurance Trust Agreement with such iri5urance trustee. The
Council shall obtain the written consent and approval of the
Trustees, which consent and approval shall not be withheld un-
reasonably, as to the form and substance of the Insurance Trust ,
Agreement. In addition, the Council shall be required to establish
an escrow account in a bank approved by The Trustees and to deposit
therein on a monthly basis in advance one-twelfth of the esti~ated .
insurance premiums for the insurance policies which the Council is
required to maintain. The escrow account shall be a joint account;
in the names of the Council and the insurance trustee and shall i
provide that, if the Council shall fail to pay the aforesaid
insurance premiums when due, the insurance trustee is authorized
unilaterally to withdraw funds sufficient for the payment of the
insurance premiums.
(viii) Whenever the Property suffers destruction or
damage, the cost of reconstruction or repair of which exceeds
$100,000.00, the Council shall request and obtain the prior
written consent and approval of The Trustees of its selection of
an architect and contractor to oversee and make the repairs.
528. Captions. Captions used in this Declaration are
inserted solely as a matter of convenience and shall not define or
limit any of the terrr.s or provisions hereof.
529. Provisions Binding Upon Successors and Assigns,
Covenants Runnin ;,i th Land. The present title to the Property hereby
s Jected to the prov~sions of the Act by the Declarant, and the
title to each Unit which shall be hereafter conveyed or acquired in
any manner, is hereby expressly declared and made subject to the
terms and provisions of the Declaration, and the acquisition of
title to a Unit by any Person shall be conclusively deemed'to mean
that the acquirer approves, adopts and ratifies the provisions of the
Declaration, the Code of Regulations, the rules and regulations of,
the Council, and all other Condominium Documents and will comply
therewith. All provisions of the Condominium Documents shall be
construed to be covenants running with the land and with every
part thereof and interest therein, including but not limited to
every Unit and the appurtenanc~s thereto: and every Unit OWner and
claimant of the Property or any part thereof or interest therein,
and his heirs, executors, administrators, successors and assigns
shall be bound by all,of the provi~ions of the' Condominium Documents.
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530. Gender, Singular, Plural. h~enever the context so
permits, the use of the plural shall include the singular, the
singular shall include the plural, and any gender shall be deemed
to include all genders.
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. 531. Severability. Any provision of the Condominium
Documents which shall be enforceable or invalid in any jurisdiction
~hal1, as to such jurisdiction, be ineffective to the extent of
such unenforceabi1ity or' invalidity, without invalidating the re-
maining provisions of the Condominium Documents, and any such unen-
forceabi1ity or invalidity in any jurisdiction shall not render .
unenforceable or invalidate such provision in any other jurisdiction.
532. Effective Date. The Declaration shall become eff~c-
the date when it, the Declaration Plan and the Code of Re~U-
are Recorded.
tive on
lations
.
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IN WITNESS WHEP~OF, the Declarant, intending to be legally
bound, has executed this Declaration the day and year first above
written.
ATTEST:
M. L. W. CONSTRUCTION CORPORATION
/s/
Michael D. RUbin, Secretary
by: /s/
Martin L. Weil, President
[Corporate Seal]
~
COUNTY OF
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(~Z~;
COMMONWEALTH OF PENNSYLVANIA
On this 29th day of J:lnuarv , 1975 before me the
undersigned officer, personally appeared Martin L. Weil who acknow-
ledged himself to be the President of M. L. W. CONSTRUCTION CORPOR-
ATION,' a Maryland corporation, and that he as such President and
being authorized to do so, executed the foregoing Declar~tion for
the purposes therein contained by signing the name of the corpora.
tion by himself as President. . I
.<........
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
[Notarial Seal]
/s/
Notary Public
My Commission Expires:
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CODE OF REGULATIONS
OF WESTWOOD VILLAGE CONDOMINIUM
Table of Contents
Article
Title
IDENTIFICATION OF TIfE PROPERTY AND. DEFINITIONS
51. Identification of the Property
52. Definitions
ADMINISTRATIONf APPLICABILITY
51. Administration
52. Applicability
PRINCIPAL OFFICE
THE COUNCIL
51. Management of the Property; Number and
Qualification
52. Term and ComDensation
53. Nominations and Elections
54. Vacancies
55. Removal
56. Organizational Meeting
57. Meetings
58. Regular Meetings
59. Quorum
510. Unit OWners Attendance at Meetings
OFFICERS OF THE COUNCIL
51. Designation
52. Election of Officers
53. Duties of the President
54. Duties of the Vice President
55. Duties of the Secretary
56. Duties of the Treasurer
57. Compensation
58. Resignation and Removal
59. Filling Vacancies
510. Execution of Instruments
UNIT OWNERS
51. Place of Meetings
52. Annual Meetings
53. Special Meetings
54. Notices
55. Record Date
56. Quorum
57. Number of Votes
58. Prox.ies
59. Action by Unit OWners
510. Actions of Unit OWners Without a Meeting
511. List of Unit OWners
512. Order of Business
.
Page
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3
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II
III
IV
V.
.,
VI
.
Article Title Page
~ POWERS, AUTHORITY AND DUTIES OF THE COUNCIL 11
,.'\:"" . VII
. I 51. Powers, Authority and Duties ' 11
A. Operation of the Property 12
B. Preparation of Budget 12
C. Increases in Assessments 12
D. Expenditures 13-
E. Employment of Manager 13'
F. Fidelity Bonds 13'
G. Taxes, Water and Sewer Costs 13
H. Hire Employees 14
I. Collection of Delinquencies 101 .
J. Legal Counsel, etc. 14
It. Operating Accounts 14
L. Audits and Books of Account 15
M. Rules and Regulations 15
N. Insurance 15
o. Collection of Proceeds 15
P'. Prosecution of Eminent Domain Proceedings 15
Q. Purchase of Units 16
R. Lease or License of COmmon Elements 16
s. Designation of Title Holder 16
'1'. Leases 16
u. Personal Property 16
v. Additions and Improvements 17
l.'i! W. Incidental Acts 17
~,...~ 52. Limitation of Council'S Liability 17
I~JW 53. Indemnification of COuncil Members 18 .....
. ,
54. Language Concerning Liability in Agreement 19 ...-,.
55. Notice of Suit and Opportunity to Defend 19
VIII INSURANCE: DAMAGE AND DESTRUCTION 19
51. Insurance for Benefit of Unit OWners 19
52. Master Policies . 19
53. Types of Insurance 20
54. Unit OWner's Insurance 22
55. Improvements by unit OWners 22 " ,
56. Proceeds of Insurance 22 ...
57. Adjustment of Loss 22
58. Distribution of Proceeds 22
59. Repair or Reconstruction of Casualty Damage 22
510. Substantial TOtal Destruction 24
IX EMINENT DOMAIN: OBSOLESCENCE 26
51. Eminent Domain 26
52. Obsolescence 26
X LEASE OF mIlTS 27
51. Lease of Units 27 f'
XI MORTGAGES 27 I
51. Notification of Council 27 l
52. Report of Unpaid Assessments 27
53. Copies of Notices 28 I
;~ 54. Notices of Damage 28
~,i;J:P 55. Examination of Books 28 I
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56. Rights of First Mortgagees 28 II
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C.l 51. No Participation in Adjustment of
'" .
Losses 28
58. provisions for the protection of the
Construction Mortgagee 29
XII FISCAL YEAR 30
51- Fiscal Year 30 .
XIII AMENDMENTS TO CODE OF REGULATIONS 31
51. . Proposal 31
52. Vote Required 31
53. Effective Date 31
XIV PARLIAMENTARY RULES 31
51. Parliamentary Rules 31
XV MISCELLANEOUS 32
51. Failure of the Counci~ to Insist Upon
Strict Performance Is No Waiver 32
52. Captions 32
. ....~~) 53. Gender, Singular, Plural 32
'.".." 54. . Severabi.li ty 32
55. Effective Date 32
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CODE OF REGULATIONS
OF WESTWOOD VILLAGE CONDOMINIUM
,
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THIS CODE OF REGULATIONS is made this 29th day of Jlnuar~
1975, by the fOllowinq.,jndividuals, John E, Swan, Catherine Magill,
Frank Wilson, Franklyn'~ailing, and Margaret Failing, all of whom,
constitute the first members of the Council of WESTWOOD VILLAGE
CONDOMINIUM,
ARTICLE I
IDENTIFICATION OF THE PROPERTY
AND DEFINITIONS
"
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51. Identification of the Property. This Code of Regula-
tions is the Code of Regulations which is adopted pursuant to the
Unit Property Act'of Pennsylvania, Act of July 3, 1963, P.L. 196
(68 P.S. 5700.101 et seq.) for the regulation and management of the"
Property known and identified as WESTWOOD VILLAGE CONDOMINIUM whic: .'.
was submitted to the provisions- of the Act by Declaration Creating .
and Establishing Westwood Village Condominium bearing even date
herewith made by M. L. W. Construction Corporation, a Maryl~nd Cor-
poration, and ~ecorded in the Office for the Recording of Deeds in
and for Cumberland County, Pennsylvania, in Deed Book , Page ,
and the accompanying Declaration Plan which was Recorded in said
Office in Plan Book I Page ....'...
...~."
. 52. Definitions. .The following terms when used in this
Code of Regulations shall have the same meanings ascribed to them
in 51 of the Declaration referred to in Sl of this Article I, viz.
'"Act", "Assessment", "Building", "Code of Regulations", "Common .
Elements", "Common Expenses", "Common Interest"; "Common Receipts",
"Common Profits", "Condominium", "Condominium Documents", "Council";
"Declarant"; "Declaration"; "Declaration Plan"; "Documents", "Land";
"Majority" or "Majority of Unit OWners", "Person", "Property", :.:
"Recorded"; "Revocation"; "Tract 1 I" "Tract 2" and "Tract 3", "Unit<..,
"Unit Deed", "Unit Designation", "Unit OWner", and "Voting Represen-
tative" of a Unit Owner means the person who is entitled pursuant to
the provisions of 514 of the Declaration to cast votes for such Unit
Owner. .
ARTICLE II
ADMINIST~.TION; APPLICABILITY
51, Administration. The administration and management
of Westwood Village Condominium and tne Property and the actions
~~ of the Council and the Unit OWners shall be governed by the Code
\~J~ of Regulations.
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52. ~icability. All present and future Unit Owners,
tenants, their licensees, customers, busines~ invitees, servants,
agents, employees and any other person or persons that shall be
permitted to use the Property shall be subject to the Code of
Regulations and to the Rules and Regulations (as defined in Parb-
graph H of 51 of Article VII of the Code of Regulations) made and
promulgated by the COuncil. Acquisition, rental or occupancy of
any Unit shall be conclusively deemed to mean that the Unit Ownor,_
tenant or occupant has accepted and ratified the Code of Regulations
and the Rules and Regulations of the COuncil and will comply with
them.
ARTICLE III
PRINCIPAL OFFICE
. 51. Principal Office. The principal office of Westwood
Village Condominium and of the Council shall be located initially
at 5082 Lilac Lane, Swatora Township, Harrisburg, Pennsylvania,
but thereafter may be located at such other suitable and covenient
place or places as sh&ll be permitted by law and.designated by the
Council. '
ARTICLE IV
'l'HE COUNCIL
51. Mana ement of the Pro ert : Number and Qualification.
Th~ COuncil sha manage the uS1ness, operat on an a a rs 0
Westwood Village COndominium and the Property on behalf of the Unit
OWners in compliance with and subject to the provisions of the Actr'
this Code of Regulations and the Declaration. The Council shall
consist of five natural individuals, each of whom shall be at least
twenty-one years of age. A person need not be a Unit Owner to
qualify for membership in the Council.
52. Term and Compensation.' The first members of the
COuncil shall be persons designated as such in the Declaration, and
they shall serve until their successors shall have been elected at
the first annual meeting of the Unit Owners. At any annual election
in which the Declarant shall be entitled to select a majority of the
members of the Council as provided in 526(ii) of the Declaration
all members of the Council shall.be ~lected for a term of one year.
At the first annual election in which the Declarant shall not be
entitled to select a majority of the members of the Council, two
members shall be elected to serve for a term of three years, two to
serve for two years and one to serve for one year. At all subsequent
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elections the member or members of the Council to be elected at
auch election shall be elected for a term of three years. Each
member shall aerve until his successor shall be elected and shall
aerve without compensation.
53. Nominations and Elections. At least .two months pre-
ceding the annual meeting of the Unit owners the President shall .
appoint a nominating committee of three, at least one of whom
(when possible) shall be a member of the Council whose term of
office does not expire at the ensuing annual election. 'The nomi-
nating committee, after considering the qualifications of indivi-
duals and consulting with the Declarant while the Declarant owns
five or more Units, shall select an individual or individuals to
be elected as a member of the Council. Such Committee shall report
its nominees to the President at least fifteen days prior to the
date of the annual meeting.
Any ten Unit OWners, or the Unit OWner of ten or more Units,
may nominate candidates to the Council by presenting such nomina-
tions in writing signed by them to the Secretary. Such petition
shall be presented not less than fifteen days before the annual
meetinq.
.At least ten days prior to the annual meeting the Unit .
OWners. shall be notified in writing of all nominees to the Council
and shall be furnished with ballots. The names of all nominees
shall be either typed or printed upon all ballots. Where there is
more than one candidate such names shall be arranged in alphabe~ical
order.
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Those nominees receiving the greater number of votes out of
the number to be elected shall be declared elected and in case of
a tie vote as to the last place ~o be filled, a new ballot shall
be cast in order to determine the last successful candidate ex-
cluding those with a smaller number of votes who shall be declared
defeated~Cumulative voting shall not be permitted.
Unit OWners or their Voting ~presentative may cast their
vote prior to the annual meeting by depositing their ballots with
the Secretary, to be opened by him at the meeting, and are not
required to be present at the meeting to cast their ballots for
the election of the members of the Council.
54. Vacancies. If the office of any member of the Council
shall become vacant by reason of his death,~eslgnation, retirement,
disqualification, removal from office or otherwise, the remaining
members of the Council, at a special meeting duly called for such
purpose, shall choose a successor, who shall serve for the remaining
unexpired term of the member replaced.
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~; S5. Removal. Members of the Council (except those selected
by the Declarant pursuant to the provisions of 526(ii) of the Declar-
ation) may be removed with or without cause, by the affirmative vote
of Unit owners or their Votinq Representatives havinq two-thirds of
the votes cast at any annual or special meetinq of the Unit owners
duly called for such purpose, in which case the provisions of 54 of
this Article IV shall also apply. .
56. Organizational Meeting. lbe first or orqanizational
meetinq of each newly elected Council shall be held immediately
upon adjournment of the meetinq of the Unit owners at which they
were elected and at the same place where the meetinq of the Unit
owners was held, provided a quorum is present. If a quorum of the
Council is not then present, such first or organizational meeting
shall be held as soon thereafter as may be practicable provided
notice is qiven to each member of the Council as set forth in 57
of this Article IV or unless waived as provided in 59 of this
Article IV.
57. Meetings. lbe Council shall meet reqularly at least
once a month on the fIrst Thursday of each month or on such other
day as the Council may fix. At the meeting to beheld on the first
Thursday of November of each calendar year the Council shall adopt
the budget specified in Paraqraph B of 51 of Article VII of the.
Code of RegUlations. The meetinqs shall be held at the principal
office of Westwood Villaqe Condominium or at such other places as' the
Council may determine. The annual meetinq of the Council shall be
held immediately followinq the annual meetinq of the Unit Owners at
the place where such annual meetinq of the Unit Owners is held. A
special meeting of the COuncil may be called by the President or .
Vice President on two days notice qiven either in writinq, in person,
by telephone, or by wire, to each member of the Council. Such special
meetinq must be called on the demand or request of two members of the
Council. -
59. Regular Meetings. Regular meetings once established
may thereafter be held without notice at the time and place agreed
upon by the COuncil. If the time or place of a regular meeting be
changed by circumstances beyond the control of the COuncil, notice
of the change shall be given in the same manner as for a special
meeting. Notice of a regular or special meeting need not be given
to any member of the Council who submits a waiver of notice, whether
such waiver be before or after the meeting. Attendance at the
meeting shall be deemed to be a waiver of notice thereof.
59. Quorum. At all duly convened meetings of the Council,
a Majority of the members of the Council shall constitute a quorum
for the transaction of business except. as otherwise expressly pro-
vided in,the Code of RegUlations or by'law. Each member of the
Council shall be entitled to cast one vote and the acts of the
majority of the members of the COuncil present at such meeting at
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which a quorum is present shall be the acts of the Council. If at
any meeting of the Council there shall be less than a quorum present,
(I:;; the members of t.he Council present may ,sdjourn the meet.ing from time
',;; i." to time, and at any such adj ourned meeting at which a quorum is
present, any bu~iness that might have been transacted at the ~eetin9
as originally called, may be transacted without fu~ther notice to any
auch members.
.
510. Unit owners Attendance at Meetin s. Except for the
meeting to approve an a opt t e u get 0 t e Council as stated
in 57 of this Article IV, Unit OWners shall have no right to attend
the meetings of the Council, but the Council may, in its sole dis-
cretion, elect to allow the Unit owners to attend a particular
meeting or meetings. If the Council does elect to allow the Uni.t
owners to attend a particular meeting, the Secretary of the Council
shall give a notice of such meeting to the Unit owners at least
three days prior to the said meeting~ provided however that the
failure to give such notice shall neither invalidate any actions
taken by the Council at said meeting nor impo~e any liability on
the Councilor the members or officers of the Council for the
failure to give said notice. Notwithstanding anything contained in
this 510, all Unit owners shall have the right to attend and be
heard, but not the right to vote, at the meeting' of the Council at
which the budget of the Council and Westwood Village Condominium
shall be adopted by the Council. Unit owners shall receive notice
of said meeting in the manner provided in 54 of Article VI of the
?~~ Code of Regulations by the Secretary of the Council at least ten days,
~~~ but not more than twenty days prio~ to said meeting.
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ARTICLE V
OFFICERS OF THE COUNCIL
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51. Designation'. The officers of the Council shall be
a President, Vice President, Secretary and Treasurer. The Secretary
may be eligible to the office of Treasurer. All officers shall be '
members of the Council....'
52. Election of Officers. The 'officers of the Council
shall be elected annually by the Council at the organization of each
new Council and shall hold office until their successors are elected
or appointed by the Counci~ and qualify.
53. , Duties,of the President. The President shall be the
chiefexecuti~e officer of the Council and shall preside at all {,
meetings of the Unit owner~ and of the Council. He shall have the
general powers and duties usually vested in the office of the Presi-I
dent of a Pennsylvania business corporation including but not limited
to, the power to appoint committees from among the Unit OWners from
time to time as he may deem appropriate to assist in the conduct of
the affairs of the Council.
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54. Duties of the Vice President. The Vice President shall
perform all duties as shall be delegated to him by the President. He
shall serve as chairman of the respective committees which the Presi-
dent shall deem appropriate. The Vice President shall exercise the
powers and perform the duties of the President in his absence or
disabili ty.
55. Duties of the Secretary. The Secretary shall attend-
all meetinqs or-t~ouncil and all meetings of the Unit owners and
shall record all votes and the minutes of all meetinqs and proceedinqs,
including resolutions, in a minute book to be kept for that purpose.
He shall have charge of the minute book and such records and papers
as the Council shall direct and perform all duties incident to ~he
office of Secretary of a Pennsylvania business corporation includinq
the sendinq of notices of meetings to the Unit OWners, the Council
and committees and such other duties as may be prescribed by the Code
of RegUlations or by the Councilor the Preside~t. He shall keep at
the Council's office a record of the names and addresses of all Unit
owners and the information specified in 511 of Article VI of the
Code of Regulations, as well as copies of the Declaration, the Decla-
ration Plan, the Code of Requlations and the Rules and Regulations
adopted by the Council, all of which shall be available at the office
of the Council for inspection by Unit OWners or prospective Unit
OWners during regular business hours. The Secretary shall keep or
cause to be kept the register of holders of mortgages secured upon
the Units referred to in Article XI hereof.
56. Duties of the Treasurer. The Treasurer shall have
charge and custody of, and be responsible for, the funds and secur-
ities of the council and shall deposit all monies, checks and other
valuable effects in the name and to the credit of the Council in
such depositories as may from time to time be designated by the
Council. He shall disburse the funds of the Council as may from time
to time be ordered by the Councilor by the President, making proper
vouchers for such disbursements. He shall keep or cause to be kept'.
full, complete and accurate accounts and records of all financial
transactions of the Council and shall submit or cause to be sub-
mitted to the Council and the Unit OWners such reports thereof as
the law, the Declaration, the Councilor the Code of Regulations may
from time to time require. Such accounts and records shall inClude,
without limitation, chronological listings of all Common Receipts
and Expenses on account of the Common Elements and each Unit, and
any other expense incurred, the amount of each Assessment for Common
Expenses and Assessments applicable to the Units, if any, and the
amounts paid and the amounts. due on such Assessments by the Unit
OWners. Such records shall specify and itemize the maintenance,
repair and replacement expenses relating to the Common Elements and
any other expenses incurred by the Co~cil. The foreqoinq financial
records shall be kept at the Council's office and shall be available
there for inspection by Unit OWners or prospective Unit OWners during
regular business hours. He shall direct and perform all duties in-
cident to the office of Treasurer of a Pennsylvania business corpora-
tion.
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57. Compensation. The officers of the Council shall ~erve
without compensation unless such is approved by a Majority of Unit
owners. If any compensation shall be paid it shall be treated os a
Common Expense. Appointment or election as an officer shall not
carry with it an automatic contractual right to compensation. The
officers of the Council shall be entitled to reimbursement for all
expenses reasonably incurred in the discharge of their duties.
58. Resignation and Removal. Any officer of the Council
may resign at any time by written notice to the Council, such re-
signation to become effective at ~he next Council meeting. Any
member of the Council who resigns or is removed as a member of the
Council shall also be deemed to have resigned or been removed, :I.pso
facto, from any Council office he may have held. Any officer of
the Council may be removed from his office at any time, by a majority
vote of the Council whenever in the best judgment of the members of
. the Council the interests of the Unit owners will be best serve.d
thereby, or by vote of the Unit OWners with or without cause, in the
same manner as set forth for the removal of members of the Council
in 5S of Article IV of the Code of Regulations.
59.
or removal of
other members
Fillin1 Vacancies. Vacancies caused by resignation
any of icer shall be filled by a majority' vote of the
of the Council.
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510. Execution of Instruments. No agreement, contract,
check, deed, lease, mortgage or other instrument shall be binding
upon the Council and the Unit owners unless signed by two officers
of the Council, except as such power may be otherwise delegated to
the Manager as provided in 51 of Article VII of the Code of Regula-
tions. The liability of the Unit OWners, the Councilor any officer
of the Council under any instrument binding or purporting to bind
the Unit owners or the Council shall be governed by the provisions
of 54 of Article VII of the Code of Regulations.
ARTICLE VI
UNIT Oh'~ERS
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51. Place ~~etings. All annual and special meetings
of the Unit OWners shall be hald at the principal office of West-
wood Village Condominium or at such other suitable and convenient
place as may be pennitted by law and from time to time fixed by
the Code of Regulatior.s or the Council and designated in the notices
of such meetings.
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. 52. Annual Meetinqs. The first annual meeting of the
(";0, I unit OWners shall be held within thirty days after the date on
, 'i '\ which title to Units then submitted to the provisions of the Act
) and having Common Interests in the Common Elements in excess of
seventy percent shall have been conveyed by the Declarant to Unit
Owners other than the Declarant or within one year ~ollowing the
" date of Conveyance of the first Unit, whichever shall first oc~ur.
/subsequent annual meetings shall be held at 7130 P.M; on the first'
Monday of April of each year, or at such other date and time as the
, Council may determine but not more than one hundred fifty nor less
than ninety days after the end of the fiscal year of Westwood Village
Condominium as specified in Article XII of the Code of Regulations. '
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At the annual meeting, the Unit OWners (and, the Declarant
pursuant to 526(ii) of the Declaration) shall elect the members
of the Council unless such action is taken pursuant to the pro-
visions of 510 of this Article VI. The Unit OWners also may con-
duct whatever other business may be required or permitted by law,
the Declaration or'the Code of Regulations, to be done by a vote
of the Unit OWners. The Treasurer of the Council shall present
at each annual meeting an audit (certified by an independent
certified public ac!d~tant) of the Common E~p~nses, Common Receipts
and Common Profits, and the allocation thereof to each Unit OWner,
and the Treasurer shall report on any changes expected for the
current fiscal year. Such audit shall be delivered to all Unit
OWners not less than ten days prior to the annual meeting.
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53. Special Meetings. Special meetings of the Unit OWners
may be called at any reasonable time and from time to time if request-
ed by any two members of the Council and must be called by the Council
upon receipt of written request from Unit OWners entit'led to cast
15,000 votes. The Council snall designate the date, time and
location of all special meetings'of the Unit OWners. Special meetings
of the Unit OWners Ghall be called for the purpose of considering -.
matters which shall be required or permitted by law, the Declaration,
or the Code of Regulations, to be done by a vote of the Unit OWners.
or for any other reasonable purpose. Action taken at a special meet-
ing shall be confined to the purposes stated in the notice thereof.
54. Notices. Notice of meetings of the Unit OWners shall.
be in writing. The Secretary of the Council shall give or cause to
be given to the Unit OWners and all members of the Council any
notice permitted or required by the Declaration or the Code of
Regulations either by hand delivery, or mailing united States Postal
Service first class mail addressed to the Unit Owner at such address
as the Unit OWner may from time to time specify in writing to the
Secretary. This notice shall be deemed given if placed in the Unit
Owner's mailbox by hand'or when the notice has been duly deposited
in a receptacle therefor maintained by the United States Postal
Service. po~tage prepaid. Notice of meetings need not be given to
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any Unit Owner who personally, or by his Voting Representative,
signs a waiver of notice whether before or after the meeting.
The attendance at a meeting of any unit owner, or his Voting
Representative, without protesting prior to the conclusion of
the meeting the lack of proper notice of such meeting, shall
constitute a waiver of notice of the meeting by such Unit Owner.
If there are co-owners of record of a Unit, notice' shall be
addressed to all of them, but need be sent or delivered only to
their Unit or to one other address designated in writing by them
in accordance with the provisions of this 54.
Notices of the annual and special meetings of the Unit
Owners shall specify the date, time and location of the meeting,
as well as the matters which will be the subject of discussion or
vote at such meeting. All notices for the annual meetings shall
be given to the Unit Owners at least ten days, but not more than
twenty days, prior to such meeting. Notices for special meetin~s
shall be gi"en to the Unit Owners at least fifteen days, but not
more than twenty-five days, prior to such meeting. Notices for
postponed meetings shall be given at least ten days, but nor more
than twenty days, prior to the date of the rescheduled meeting.
. 55. Record hate. FO~ the purpose df determining the
Unit OWners entitled to notice of any meeting of the unit Owners,
or any adjournment thereof, or for the purpose of any other ac~ion,
the council shall fix in advance a date as the record date for such
determination. Such date shall not be more than thirty nor less
than twenty-five days before the date of the meeting. If no
record date is fixed, then the date shall be deemed to be the
twenty-fifth day before the date of the meeting.
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56. Quorum. No official business may be transacted nor
may any binding vote be taken a~ any meeting of the Unit Owners
unless a quorum of Unit Owners is present. A quorum for all
meetings shall exist if there is present, in person or by proxy,
Unit Owners or their voting Representatives together entitled to
cast at least twenty-five percent of the total outstanding votes of
the Unit Owners. The subsequent joinder of a Unit Owner or his .;-;:'.
Voting Representative in the action taken at a meeting by signing ....0.
and concurring in the minutes thereof shall constitute the pres~nce
of such Person for the purpose of determining a quorum. .When a
quorum is once present to organize the meeting, it. cannot be broken
by the subsequent withdrawal of a Unit Owner or Unit Owners or.his
or their Voting Representatives. If a quorum is not present at
any meeting, the Unit Owner~ present may reschedule the meeting
for a' later date, allowing time for the required notice which the
Secretary shall give or cause to be given to all Unit Owners and
which shall include notice that action may be taken at such
rescheduled meeting regardless of a ~ormal quorum. A quorum at
such rescheduled meeting shall consist of whatever number of Unit
Owners and Voting Representatives is present, whether or not their
t":.";Jt. combined votes equal t\lenty-five percent of the total outstanding
~Jf~ votes of the Unit Owners.
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57. Number of Votes. ~he number of votes which each
Unit OWner (including the Declarant) or his voting Representative
shall be entitled to cast in any of the affairs of the Unit Owners
requiring a vote, and which votes are assigned to a particular
Unit, shall be as provided in 514 of the Declaration.
A Unit which has been acquired by the council on behalf of
all the Unit Owners shall not be entitled to vote so long as it
continues to be so held.
.
58. proxies. Any Unit owner and any Voting Representative
may attend all meetings of the Unit owners either in person or by
proxy. Such proxy shall be in writing and shall be delivered to the
council at least one day prior to the meeting for which the proxy
has been given. ~he proxy ma1 be revoked at any time by written
notice to the council. No proxy shall endure for more than one
meeting, and any postponements thereof, unless the proxy shall
state some longer period of duration, which in any event shall not
exceed eleven months. Such proxy shall also become void when the
council has received written notice, given by a responsible person
who would have personal knowledge of the fact, of the death or
judicially declared incompetence of the grantor of such proxy or
of the recording of the transfer of titl. to the Unit from the
grantor of such proxy.
59. . Action bv Unit Owners. 'Except as otherwise provided
by law, the Declaration or the Code of Regulations, acts of the
Unit Owners shall require the approval of the Unit Owners or their
Voting Representatives together entitled to cast in excess of
fifty percent of the votes of all Unit OWners or their voting
Representatives present in person or by proxy at a meeting of the
Unit Owners at which a quorum is present in person or by proxy.
510. Actions of Unit Owners without a Meetin. Any action
required or perrn~tte to e ta en y a vote of the Unit Owners may.
be taken without a meeting by the written consent, stating the actio'
so taken, of at least that number of Unit Owners or their Voting
Representatives whose votes would otherwise have been sufficient
to take the action if a meeting had been held at which all Unit
OWners or their Voting Representatives were present.
511. List of Unit Owners. The Secretary of the council
shall compile and keep up to date at the principal office of the
council a complete list of the Unit owners and their last known
,post office addresses. Such list shall also show opposite each
Unit OWner's name the Unit Designation of the Unit or Units owned
by him, the percentage of Co~non Interest in the Common Elements
assigned to the Unit or Units owned by him, ,the number of votes whic
the Unit Owner is entitled to vote ~t meetings of the Unit Owners ar
the Voting Representative, if any. This list shall be open to in-
spection by all Unit Owners and other persons lawfully entitled
to inspect the same durin~ regular business hours.
"
512. Ordp.r of Business. ~he order of business at the
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annual meeting of the unit Owners shall bel
(a) Calling the roll.
(b) Proof of notice of the meeting or
certification as to waivers.
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(c) Reading of minutes of preceding meeting.
(d) Reports of the officers.
(e) Reports of the Council.
(f) Reports of Corrunittees.
(g) Selection and appointment of inspectors
of election.
(h) Election of members of the council.'
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(j) New business.
(k) Adjournment.
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OWners shQl1 as far as practical conform to the order of business
at the annual meeting insofar as the special purposes of the meet-
ing will permit.
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ARTICLE VII
POWERS, AUTHORITY AND
DUTIES OF THE COUNCIL
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51. Powers, Authority and Duties. The council shall have
and exercise all lawful powers, authority and duties necessary for
the proper conduct and the administration, management and operation
of affairs of Westwood Village Condominium and the property, and
may do or cause to be done all such other lawful acts and things
as are not by law, by the Code of Regulations and the Declaration
or otherwise, directed or required to be done or exercised by the
Unit Owners, or by others. In the performance of its duties as
the administering body of Westwood Village Condominium and the Prop-
erty, the Council shal~ have powers, authority and duties set forth in
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~he Act and the Documents, including, but not limited to, the
following I
~ A. Operation of the Property, The operation,
management, maintenance, renewal, replacement, repair, care, clean-
ing, upkeep, protection and surveillance of Westwood Village Con-
dominium and the Property, and all other property, real or personal, ,
of the Council held for the benefit of the Unit Owners.
B. Preparation of Budqet. The preparation. and
adoption not later than, the first Thursday of November of each
calendar year of a budget or estimate of Common Expenses for the
next succeeding fiscal year which shall include, but not be lim-
ited to, a provision to establish and maintain an adequate reserve
fund for the replacement of the Common Elements. In connection with
the sale of each unit, a working capital fund for the initial months
of operation of the Westwood Village Condominium shall be established
in a minimum amount of two months of the estimated annual Common
Expenses for each such Unit. The total amount of such budget or
estimate shall be assessed against all of the Units and the re-
spective Unit Owners thereof, in the same proportion as their re-
spective undivided Common Interests in the Common Elements as set
forth in the Declaration. The proportionate amounts thus found ap-
plicable to each Unit shall be payable by the unit Owner thereof ~o
the Council in twelve equal monthly installments on the first day of
each month of each year. On or before the due date of the first
monthly installment, the Council shall prepare and deliver or mail
~o each Unit OWner and person holding a first mortgage upon a Unit
~ho'has given the information set forth in Sl of Article XI of the
Code of Regulations, a statement showing the amount thereof and the
amount assessed against such Unit for the entire fiscal year, and
shall not be obligated to give notice of any subsequently accruing
monthly payments for such fiscal year; and the omission of notice
'of such installment shall not relieve such Unit Owner from his ob-
ligation to pay such monthly installments promptly when and as they
become due and payable. The omission by the Council to fix the As-
sessments for the next fiscal year shall not be deemed a waiver or
modification in any respect of the provisions of the Code of Regu-
lations or of the other Documents, or a release of the Unit Owners
from the obligation to pay the Assessments, or any installment
thereof for any such year, but the Assessment fixed for the preceding
fiscal year shall continue until a new Assessment is fixed.
C. Increases in Assessments. To adjust or increase
the amount of any annual Assessment for Common Expenses and monthly
installments thereof, and to levy and collect in addition thereto,
special Assessments for Common Expenses in such amounts as the
Council may deem proper, whenever the council is of the opinion
it is necessary to do so in order to meet increased operating or
maintenance costs, or additional capital expenses, or because of
emergencies; provided, however, that all such increased or special
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shall be made or levied against the Unit OWners and the
by them respectively, in the samo proportions or per-
provided in Paragraph B of 51 of this Article VII.
Assessments
Units owned
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. D. Expenditures. To use and expend any sum collected
from such Assessments for the operation, management, 'maintenance,
renewal, replacement, repair, care, cleaning, upkeep, surveillance .
and protection of the Property and all of the real and personal pro-
perty of the council held for the benefit of the Unit Owners. No
expenditures for capital improvements in excess of $S,OOO.for any
one item shall be made by the Council without the affirmative vote
of the Unit Owners or their Voting Representatives representing a
majority of the total votes at an annual meeting or special meeting,
called for that purpose at which a quorum was present. In the event'
there shall be any Common Profits remaining at the end of each fiscal
year, then the same shall, in the discretion of the council, either
be returned to the Unit Owners in the s~e proportion as their re-
spective Common Interests therein or be credited in said proportion
to the next monthly .instal1ments due from the Unit Owners under the
current fiscal year's budget, until exhausted.
. E. Em~loY'ment of Manager. To employ a professional ..
Managing Agent (herel.n called the "~1anager") to manage the property.
The Manager shall be subject to the control of the council at all.
times. The council shall have the p~wer to fix the Manager's com-
pensation and to set forth and define the details of the Manager's
powers and duties; provided, however, that any agreement with the
~anager shall be in w~iting and shall'provide that it may be
~erminated for cause on ninety (90) days' written notice and that
the term of any such agreement shall not exceed three years. The:'';':':;
compensation of the Manager shall be paid by the council as part
of the Common Expenses., Notwithstanding the foregoing, until the {
satisfaction of record of the Mortgage referred to in 527 of the (
'Declaration, the Council shall not select any Manager without
the prior written consent and approval of the Trustees of HNC Mortgage
and Realty Investors which consent and approval shall be required
as to the form and substance of any agreement with a Manager; pro-
vided, however, that such consent and approval may not be wi. thheld ': '.,
unreasonably.
F. Fidelitv Bonds. To obtain fidelity insurance
coverage as required by S3 of Article VIII of the code of RegUlations.
The premiums on such insurance shall be paid by the Council as part
of the Common Expenses.
G. Taxesl Water and Sewer Costs. To pay all taxes
and assessments levied or assessed against any property of the
council held for the benefit of the Unit Owners, exclusive of any
taxes or assessments levied against any Unit or otherwise properly
chargeable to the Unit'Owner or Unit Owners thereof.
Taxes and assessments (if any) which may be levied against
~he Property as a whole before separate assessments for each Unit
~re made as provided by Section 701 of the Act shall be paid by the
Council and shall be included in the budget ana paid by the Unit
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owners as a Common Expenso. All liens against the Common Elements
ot any nature including taxes and special assessments levied by
governmental authorities shall be paid by the Council and shall be
a.sessed by the Council against the Unit or Units in accordance
with their respective Common Interests or to the Common Expense
account, whichever in the judgment of the Council ~s appropriate.
.
The cost ot electricity tor common tacilities (other than
as supplied to individual Units) which are assessed, levied and
charged against the Property as a whole shall be paid by the Council
and shall be included in the budget and paid by the Council as a
Common Expense.
The costs ot water or sewer which are provided and separately
metered to individual Units shall be billed to those Unitsl tha
costs of water or sewer which are provided to Buildings and are
not separately metered to Units within those Buildings shall be
assessed by the Council against the Units in such Buildings in
proportion to their respective Common Interests. The costs of
water or se~er for common facilities (and not supplied to Units)
shall be paid by the Council and shall be included in the budget
and paid by the council as a Common Expense.
H. Hire Employees. To employ and dismiss such
clerks, workmen, janitors, watchmen and other personnel, and to
purchase or arrange for such services, machinery, equipment, tools,
materials and supplies, as in the opinion of the Council' may from
time to time be necessary for the proper operation and mainte-
nance of Westwood Village Condominium and the Property, except the
portions thereof required to be maintained by Unit OWners.
I. Collection of Delinquencies. ' To collect delin-
quent levies or Assessments made by the Council against any Units
and the respective Unit OWners thereof, and interest thereon, to-
gether with such costs and expenses incurred in connection there-
with, including but not limited to filing fees, court costs and
attorneys' fees whether by suit or otherwise, and to abate nuisances
and enforce observances of the Rules and Regulations (as defined in
Paragraph M of this 51) relating Westwood Village Condominium and
the Property, by injunction or such other legal action or means as
the COuncil may deem necessary or appropriate.
J. Le~al Counsel. etc. To employ or reta1n legal
counsel, e~g1neers and acc~untants, and to f1x the1r compensation,
whenever such professional advice or services may be deemed necessar
by the Council for any proper purposes, including but not lImIted
to those hereinbefore or hereinafter referred to 1n the Code of
Re~ulations.or the Declaration.
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accounts. and
and opened as
I and as may be
K. ODeratin~ Accounts. To cause such operat1ng
escrow and other accounts, if any. to be. established
the Council may deem appropriate from time to time
consistent wieh good accounting practIces.
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L. AUdits and Books of Account. (1) To cause a
complete audit of the books and accounts ~t the Council to be made
by a competent certified public accountant at tho end of each fiscal_,
year, and at such other time or times as may be deemed necessary. ';
The Council shall also prepare at the end of each fiscal year and
furnish to all Unit OWners a report of the business and affairs of
the Council, showing its transactions and reflecting fully and
accurately its financial condition.
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(2) To keep de~ai1ed books of account" in chron-'
elogiea1 order, of the receipts and expenditures affecting Westwood
Village Condominium and the Property and its administration, and
specifying the amount of the Common Expenses, Common Receipts and , .
Common Profits and the portions thereof attributable to each Unit. ! ,
M. Rules and Regulations. To make, promulgate and
enforce compliance with such reasonable rules and regulations (here-
in called the "Rules and Regulations") relative to the operation,
use and occupancy. of the Units, the Common Elements and other portions
ef the Property (including (1) the assignment to each Unit of the ,
exclusive right to Use of certain parking spaces on a uniform, rea- ' '..
son able and equit4~~e basis and (2) the alsignment of storage areas "
within a Building to Units in that Building where no individual
storage area is adjacent to 'a Unit and for the exclusive use of such
Unit), and to amend th~ same from time to time as the Council sball
deem necessary or appropriate, which Rules and Regulations when ap-
proved by appropriate resolutions shall be binding on the Unit Owners,
and the tenants and occupants of Units. A copy of such rules and ,..-
Regulations and copies of any amendments thereof shall be delivered ,':;',_
or mailed to each Unit Owner promptly upon the adoption thereof. '
The Rules and Regulations shall be subject to change by the affirma-
tive vote of a Majority of all of the Unit Owners. '
. N. Insurance. To procure and maintain the insurance
and keep the Property insured as provided in Article VIII of the .
Code of Regulations. The Council shall review the insurance re-~'
quirements and limits thereof once each year. The Council shall .'
pay the premiums on the aforementioned policies as Common Expenses. ..:.... ~
In the event the amount of any premium on such insurance shall be
increased above the normal premium because of a particular use of,
or'hazard or risk in, a Unit, then the Unit OWner of such Unit .
shall be solely liable for the increase, and the same shall not
constitute a Common Expense.
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. O. Collection of Proceeds. To collect all proceeds
of all casualty or physical damage insurance and to .apply the same
towards the cost of repair, restoration or replacement of any damaged
Property in accordance with the provisions of the Code of Regu-
lations and the Declaration.
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P. Prosecution of Eminent Domain Proceedinqs. To
prosecute all proceedings with respect to the taking, injury or
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destruction by eminent domain of the Common Elements or any part
thereof, or any part of the Property, provided, however, that the
Council shall not compromise any claim without the affirmative
vote of Unit Owners or their Voting Representatives representing
at least a majority of the total outstanding votes of the Unit
OWners at an annual meeting or special meeting thereof called
for that purpose. The Council shall give notice to each Unit
OWner and the first mortgagee of each Unit of any such proceedings'
and each Unit Owner shall be entitled to participate in any such
proceedings. The Council shall also determine whether ~t shall
be appropriate to apply any sums payable with respect to such tak-
ing, injury or destruction to the repair or repfacement of the
Co~~on Elements or Property injured or destruyed as a result
thereof and shall distribute any. sums not so applied as provided
in Article IX of the Code of RegUlations.
. Q. Purchase of Units. In order to protect the Coun-
'cil's right to collect unpaid Assessments which are a charge against
a Unit, it shall have the right to purchase, on behalf of the Unit
OWners, at sheriff's sale any Unit in Westwood Village Condominium,
provided that action shall be authorized by the affirmative vote of
a majority of the members of the council. To purchase a Unit for
use by the superintendent employed by the Council and to purchase,
hold, lease, sublet, sell, convey and mortgage such Units acquixed
pursuant to the provisions of the preceding sentence. The Council
may borrow all or a part of the funds necessary to effect-any such
purchase. Payment of the purchase price shall be made from the
Common Receipts and any income from any resale, mortgage or lease
shall be deemed to constitute Common Receipts.
R. Lease or License of Common Elements. To lease or
license the use of Common Elements in a manner not inconsistent with
the rights of the Unit Owners, including, but not limited to leases
of portions of the Common Elements to the Declarant.
S. Designation of Title Holder. To designate a
nominee for the purpose of acquiring title to any Unit and/or to
designate and enter into a trust agreement with two or more members
of the Council to act as trustees on behalf of the Council and
Unit Owners for the purpose of holding title to any Units purchased
by the Council in trust for the Council and the Unit Owners and/or
to execute mortgages and leases as such trustees. '
T. Leases. To enforce the provisions regarding
leases as provided in Article X of the Code of Regulations.
U. Personal Property. To acquire, hold and lease in
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, the name of the Council, the Council's nominee, or the trustees ap-
pointed by the Council pursuant to Paragraph S of this ~l, for the
benefit of the Unit Owners, tangible and intangible personal propert~
and to dispose of the same by sale or otherwise. the beneficial.
interest in such personal property shall be in the Un1t Owners and
shall be deemed'part of the Common Elements and shall not be trans-
ferable except as part of the transfer of title to a Unit. the
transfer of title to a Unit shall transfer to the grantee oWner-
ship of the grantor's share of the beneficial interest in such
personal property.
v. Additions and Improvements.
(1) subject to the provisions of the Documents,
the Council shall have the right to make or cause to be made such
alterations, additions and improvements to the Common Elements as
in the Council's opinion may be beneficial and necessary or which
are requested in writing by a Unit Owner or Unit Owners and the
holders of first mortgages thereon. The Council may re~uire the
consent in writing before undertaking such work of such Unit Owners'
and the holders of first mortgages thereon, whose rights, in the
sole opinion of the Council, rnay be prejudiced by such alterations,
additions or improvements.
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J (2) When, in the' sole opinion of the Council,' .
the alteration, addition or improvement is general in character the .'-,
costs therefor shall be assessed as Corranon Expenses. . . .'::: .
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'. (3) When, in the sole opinion of the Council,
the alteration, addition or improvement is exclusively or substan-..
tially exclusively for the benefit of one or more Unit Owners who
requested it, the cost shall be assessed against such Unit Owner
or Unit Owners in such proportion as the Counci~ shall determine is
fair and equitable. Nothing herein contained shall prevent the Unit
Owners affected by such alteration, addition or improvement from .;.:-:
agreeing in writing, either before or after the Assessment is made,
to be assessed in different proportions.
W. , Incidental Duties. to perform
as are contained in the Act and Documents or any
plement thereto.
such other duties
amendment or sup-
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52. Limitation of coUncil'S Liability. The Council and
the members 01" tne t,;ounc1l in their capacity as Council members "'
and/or officers of the Council: (a) shall not be liable for the i
failure of any service.to be obtained. and paid for by the Council
hereunder, or for injury or damage to persons or property caused I
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~y the elements or by another Unit Owner or person on the Property.
or resulting from electricity, water. rain or dust which may leak
or flow from the outside or from any parts of any Buildings or other,
improvements constructed on the Property. or from any of their pipes.
drains, conduits, appliances. or equipment, or from any other place
unless caused by willful misconduct or gross negligence o( the
Council: (b) shall not be liable to the Unit Owners as a result
of the performance of their duties for any mistake of judgment,
negligence. or otherwise. except for their own individual willful
misconduct or gross negligence: (c) shall have no personal liability"
in contract to a Unit Owner or any other person or entity under any i
agreement, deed. lease, mortgage. instrument or transaction entered
into by them on behalf of the Councilor the Unit Owners in the per-
formance of their duties; (d) shall have no personal liability in
tort to a Unit Owner .or any other person or entity direct or im-
puted, by virtue of acts performed by them, except for their own
individual willful misconduct or gross negligence in the performance
of their duties or acts performed for them; and (e) shall have
;.' no per30na1 liability arising out of the use, misuse or condition
of the Property, or which might in any other way be chargeable
against or imputed to them aD a result or by virtue of their per-
formance of their duties except for their own individual willful
misconduct or gross negligence.
; 51. Indemnification of Council Members. Each memDer of
he Council 1n his capacity as a Council member and/or officer and
~is heirs, executors and administrators shall be 1ndemn1f1ed by the
Unit Owners aga1nst all liabi11ties and expenses, 1ncluding attorneys'
fees, reasonably incurred by or imposed upon him in connection with
any proceeding in which he may become involved by reason of his
being or having been a member and/or officer of the Council. or
any settlement thereof, whether or not he is a Council member
and/or officer at the time such expenses are incurred, except
in such cases wherein the Council member and/or officer is adjudged
guilty of gross negligence or willful misconduct in the performance
of his duties; provided that, in the event of a settlement. the
indemnification shall apply only if and when the Counc,11 (with
the affected member abstaining) acting upon advice of legal counsel,
approves such settlement and ~eimburscment as being in the best
interests of the Unit Owners. The indemnification by the Unit
OWners set .forth in this S3 of this Article VII shall be paid by
the Council on behalf of the Unit Owners and shall constitute a
Common Expense and shall be assessed and collectible as such. Such
right of indemnification shall not be deemed exclusive of any
rights to which such Council member and/or officer may be entitled
as a matter of law or agreement or vote, of Unit Owners or of the
Councilor otherwise.
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54. Lan ua e Concernin Liabilit in ^ Every
agreement, , ese, mor gage, ns rumen or 0 er transact10n
entered 1nto by the Counc11 on behalf of the Westwood Villaqe Condomi.....
and the Property shall prov1de that the Council and the officers, .
executing the same are acting only as agents for the Unit Owners
and shall have no personal liab11ity thereunder (except to the
extent, if any, that they may also be Unit Owners at the time
any such liab11ity is assessed), that any claim by the othe~
party or parties thereto in respect thereto or to the subject
matter thereof shall be asserted against the Council, wh1ch shall
act on behalf of the Unit Owners in respect thereto, that any
liability thereunder or in respect of the subject matter thereof
shall be borne by those Persons who are Unit Owners at the time
such liabi11ty is assessed by the Counc11 as a Common Expense, for
which Assessment each such Unit OWner shall be liable only severally
to the extent of 'his Common Interest i~ the Common Elements.
55. ortunit to Defend. Complaint
brought agains e ounc , or e 0 cers, emp oyee~ or agents
thereof, in their respective capac1t1es as such. or the Property as
a whole, or the Un1t Owners as a class, shall be directed to the
Council, which shall g1ve written notice thereof promptly to the
Unit Owners and the mortga~ees who shall have reg1stered with
the Council pursuant to the provisions of ~l of Article XI of the
Code of Regulations. and shall be defended by the Council.. The Unit
Owners and such mortgagees shall have no right to participate other
than through the Council in such defense.
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ARTICLE VIII
INSURANCE; DAMAGE AND DESTRUCTION
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51. Insurance for Benefit of Unit OWners. Except for
title insurance, the Council shall obtain and maintain, tp the
extent available, insurance on the Buildings and all other in-
surable improvements upon the Land, including but not limited
to, all of' the Units, the heating and air cooling apparatus and
equipment and other fixtures installed therein as supplied by the
Declarant, together with the service machinery and equipment and
all other personal property as may be held and administered by
the Council for the beneflt of the Unit Owners, covering the
interest of the Council and all Unit Owners and their mortgagees
as their interests may appear. The insurance shall be purchased
from recognized insurance companies duly licensed to operate in
the Commonwealth of Pennsylvania 3nd holding a financial rating
of "AAA" or better and a policyholders' rating of "A" or better
according to the latest Best's insurance Reports.
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52.
policies
shall be
Master Policies. The council shall obtain master
of insurance which shall provide that the loss thereunder
paid to the Council if t~e net proceeds are $25,000 or
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less and to a bank 01:~fU.llt._cclllpany..re9ularl:l__c2oing .~usiness ill
Pennsylvanra deslqnated.by.tne Council as insurance trustee-under
the Code of Regulations, if the net pr'oceec!s exceed $25,000';" 'I'he
master policies shall contain a proper mortgagee endorsement (without
contribution) which shall provide that any proceeds shall be paid
to the Council for the use and benefit of the holders of mortgages
on the Units as their interests may appear. Under the same master
policies, certificates of insurance shall be issued which indicate
on their face that they are a part of such master policies of in-
surance covering each and every Unit of Westwood Village Con-
dominium and the Common Elements. A certificate of insurance shall
be issued to each Unit Owner and the original thereof shall be de-'
livered to the mortgagee, if there be one, or retained by the Unit
OWner if there is no mortgagee. The certificate of insurance
shall show the relative amount of insurance covering the Unit and
Common Interest in the Common Elements and shall provide that inl-
provements to a Unit or Units which may be made by the Unit Owner
or Owners shall not affect the valuation for the purposes of this
insurance of the Buildings and other improvements upon the Land.
Such master insurance policies and certificates shall contain pro-
visions to the extent obtainable by the Council, using its best
efforts, that the insurer waives its right to subrogation HS to
any claim against the Councilor Unit Owners, their respective
servants, agents, tenants or guests, and of any defense based
upon coinsurance or upon the invalidity arising from the acts of
the.insured, and providing further that the insurer shall not be
entitled to contribution from casualty insurance which may be
purchased by individual Unit Owners or their mortgagees as here-
inafter permitted. The original master policies of insurance
shall be deposited with the insurance trustee and memoranda thereof
shall be retained by the Council and deposited with any first
mortgagee who may require the same. The insurance t.~s~ m~~t
acknowledge that the insurance policies and any proceeds thereof
. will be held in accordance with the terms of the Code of Regula-
'.tions. The aforesaid policies shall, to the extent obtainable,
provide that coverage shall not be prejudiced by any act or ne-
glect of the Unit Owners when not within the control of the Council
or by failure of the Council to comply with any warranty or con-
dition with regard to any portion of the premises over which the
Council has no control. All policies of insurance shall provide
that such policies may not be cancelled or substantially modified
without at least thirty days prior written notice of all insureds,
including all first mortgagees of the Units, and certificates of
such insurance and all renewals thereOf, together with proof of
payment of premiums, shall be delivered to all Unit Owners and
their mortgagees at least thirty days prior to the expiration
of the then current policies. .
In addition to the foregoing and in the event that the Federal
National Mortgage Association or the Federal Home Loan Mortgage
Corporation become the holders of any' first mortgages on the Units,
~hc Council shall obtain and maintain, to the extent available,.
such insurance coverage as shall meet the minimum requirements
of whichever of said organizations are the holder of any such
mortgages.
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53.
Types of Insurance. The Property shall be covered
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(1) Casualty or physical damage insurance;"in an amount
equal to the full replacement value of the auildings and all other
insurable improvelllents referred to in 51 of this Article VIII, as ' ,J
determined annually by the Council with the assistance of the in-
surance company affording such coverage. The policies which provide
such coverage shall contain, to the extent obtainabl~an "agreed,
amount endorsement" or its equivalent, a "demolition endorsement" or
its equivalent, and, if necessary, an "increased cost of construction
endorsement" or "contingent liability from operation o'f building laws
endorsement" or its equivalent.
(a) Loss or damage by fire and other hazards
covered by the standard extended.coverage endorsement togdther
with coverage for the payment of Common Expenses with respect to
damaged Units during the period of reconstruction.
(b) Such other risks as from time to time cus-
tomarily shall be, covered with respect to property similar in con-
struction, location and use as the Buildings and other insurable
improvements, including but not limited to, sprinkler leakage (if
applicable), debris removal, cost of demolition, vandalism, ma-
licious mischief, windstorm and water damage, and such other in-
surance as the Council may determine. The policies providing.such
coverage shall provide that, notwithstanding any provisions thereof
which give the carrier the right to elect to restore damage in lieu
of making a cash settlement, such.option shall not be exercisable
without the approval of the Councilor where in conflict with the
terms of the Documents.
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(ii) Public liability insurance against claims for
bodily injury, death or prope~ty damage, such insurance to afford
minimum protection in respect of bodily injury or death and/or
property damage of not less than $1,000,000 ariSing out of a single
occurrence, which such insurance shall include, to the extent obtain-
able, protection against water damage liability, liability for non-
owned and hired automobiles and liability of property of others . .
and shall contain a "severability of interest" endorsement which
shall preclude the insurer from denying the claim of a Unit Owner
because of negligent acts of the Councilor other Unit Owners.
(iii) Workmen's compensation insurance to meet the
requirements of law.
(iv) Fidelity insurance coverage against dishonest acts
on the part of members, officers, employees or agents of the Council
or the Manager or volunteers who are responsible for handling funds
collected and held for the benefit of,the Councilor the Unit Owners:
. such insurance POlicies shall name the Council as the insured and,
shall be written in an amount which is sufficient to provide pro-
tection which is at least equal to one and one-half times the es-
.timated annual Common Expenses (unless a greater amount is required .
by FNMA): any such POlicies i;hall have added thereto an endorsement .,.' fr'::
covering any persons who serve the Councilor the Manager without ',;..-)
compensation if the policy would not. othc=wise cover volunteers.
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54. Unit owner's' Insurance. Each unit owner may obtain
'.'~ insurance at fils own expense affording coverage upon his personal
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~ : property and for his personal liability, but all such insurance
shall contain the same waiver of subrogation as that referred to
. in ~2 of this Article VIII. Each Unit ~~er may obtain physical
damage insurance at his own expense upon his Unit, but such insuranc
shall provide that it shall be without contribution as against the
casualty insurance purchased by the Councilor shall be written by
.the same carrier; a copy of any such policy shall be filed with
the Council within thirty days after the purchase thereof. If a
casualty loss is sustained and there is a reduction in the amount
.of the proceedS which would otherwise be payable on the insurance
purchased by th~ Council pursuant to S3 of this Article VIII due
to proration of insurance purchased by the Unit Owner under this
S4, the Unit Owner agrees to assign the proceeds of this latter
insurance, to the extent of the amount of such reduction, to the
insurance trustee to be distributed as provided in the Code of
Regulations.
. 55. Improvements bv Unit owners. Each Unit OWner shall
required to notify the Council of all improvements made ~y him
his Unit, the val~e of which is in, excess of One Thousand Dollarf
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S6" Proceeds of Insurance. All proceeds pOly able as a
result of casualty losses sustained which are covered by insurance
purchased by the Council as hereinabove set forth shall be paid'
as,provided in S2 of this Article VIII. The sole duty of the
insurance trustee, and the duty of the Council with respect to
insurance proceeds paid to the Council, shall be to receive such
proceeds as are paid and to hold the same in trust. for the purp~se
elsewhere stated in the Code of Regulations, and for the benefit
of the Unit Owners and their respective mortgagees.
57. Adiustme~t of LOss. Each Unit OWner shall be deemed
"to' have delesated. to the Councll his right to adjust with the
insurance companies all losses under policies purchased bY the
Council. .
5B. Distribution of proceeds. No Unit OWner, or anv other
p'aE~Y.~~E~)l have priorit~ over any ri~hts of the first mortgagees o~
the Un1ts pur~~~t~~~~~1~_~~rtgages 1n the event of a distrioution
FO the t,l.~;,t qmLl!;,s.J2..f_i!~:L.';!::!!1~:r::Cl!lqCLproceed1L..r~s_Ul tinq from losseli
to the Units or the Common Elements. In no event shall any distribu-
tion of proceeds be maae-by-tne councilor the insurance' trustee di-
rectly to a Unit Owner where there is a mortgagee endorsement on the
certificate of insurance. In such event, any remittances shall be'to
the Unit Owner and his mortgagee jointly. This is a covenant for the
benefit of any mortgagee of a Unit and may be enforced by him.
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Repair or Reconstruction of Casualty Damaqe. . Except'
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as otherwise provided by law or in the Documents, damage to or
destruction of the Buildings or any of the other improvements
constructed on the Property shall promptly be repaired and re-
stored by the Cou~cil using the proceeds of insurance, if any,
held by the Councilor the insurance trustee for that purpose,
and the Unit Owner.s directly affected thereby shall be liable for
Assessment for any deficiency in such proceeds in proportion to
their respective Common Interests in the Common Elements. The
council shall be responsible for accomplishing the full repair
or reconstruction which shall be paid out of the common Receipts
and assessed as above provided. The Unit Owners may apply the
proceeds from their individual fire or casualty insurance policies,
if any, to the share of such Common Expense as may be assessed to
them. The council 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 make to his Unit beyond such condition. If any changes
are made in the basic construction of any restored unit or the
Common Elements, or both, the council shall record an amended
Declaration plan encompassing such changes.
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Immediately after a casualty causing damage to the Pro-
perty for which the Council has the responsibility of maintenance'
and repair, the Council shall obtain .reliable and detailed estimates
~ of the cost to place the damaged Property in condition hereinbefore
\~'J specified. Such costs may include professional fees and premiums
for such bonds as the Council desires.
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The proceeds of insurance coilected on account. of casualty ,"~{'I
and the sums received by the Council from collections of Assessments
against Unit Owners on account of such casualty, shall constitute a
construction fund \~hich shall be disbursed by the Councilor the ",
insurance trustee, as the case may be, in payment of the costs of
reconstruction and repair in the following manner:
. (i) If the amount of the estimated cost of recon-....
struction and repair of the damaged or destroyed Property is less
than $25,000.00, then the construction :und shall be disbursed 1n
payment of such costs upon order of the Council, provided, however,
that upon request of a mortgagee Which 1s a beneficiary of an in-.
surance policy, the proceedS of which are included in the construction
fund, such fund shall be disbursed in the manner hereafter prov1ded
1n the following paragraph (1i). '
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(ii) If the estimated cost of reconstruction and
repair of the damaged or destroyed property is more tnan $25,000.00,
then the construction fund shall be disbursed in payment of such
costs upon approval of an architect licensed to practice in Pennsyl-
vania and employed by the Council to supervise such work, payment to
be made from time to time as the work progresses. The architect shall
be required to furnish a certificate giving a.brief desc4iption o~ the
services and materials furnished by various contractors, subcontractors,
materialmen, the architect, or other persons who hav~ rendered services
or furnished materials in connection with the work: (a) that the sums
requested by them in payment are justly due and owing and that said
sums do not exceed the value of the services and materials furnished;
(b) that there is no other outstanding indebtedness known to the said'
architect for the services and materials described; and (c) that the
cost as estimated by said architect for the work remaining to be done
subsequent to the date of such certificate, does not exceed the amount
o~ the construction fund remaining after payment of the sum so request-
ed. In addition, when the estilnated cost of reconstruction and repair
exceeds $100,000.00, the contractor which is retained to make the re-
pairs shall be required to obtain, if possible, corporate surety per-
formance and labor and material bonds from a surety licensed to do
business in Pennsylvania.
In the event there are any surplus moneys in the construction
fund after the reconstruction or repair of the casualty damage has
been' fully completed and all costs paid, such sums shall be distri-,
buted to the Unit OWners and their mortgagees who are the beneficial
owners of the fund. .
SlO. Substantial Total Destruction. A. If (i) there is
substantially total destruction of a Building or Buildings, the
existence of which condition shall be conclusively determined by a
unanimous vote of the members of the Council rendered within thirty
days after the damage; and (ii) the Unit OWners directly affected
by damage to or destruction of one or more of the Buildings and
entitled to cast seventy-five percent of the votes of all said
Unit OWners directly affected thereby duly resolve, within sixty
days after receipt of at least three contractors' bids and final
insurance adjustment, not to proceed with.repair or restoration,
then, and only in those events, the Property shall be removed from
the provisions of the Act upon the proper recording of a Revocation
not less than thirty days after the determination to remove the
Property from the provisions of the Act. Upon the recording of the
Revocation 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 Councilor the insurance trustee, shall be
considered as one fund and shall be divided among all the Unit.
OWners in proportion to their respective Common Interests in the
Common Elements, after discharging, out of the respective shares
of Unit OWners, to the extent sufficient for the purpose, all
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liens against the Units of such unit owners.
B. Notwithstanding anything contained in Paragraph ^
of this 510 to the contrary, the property will not be removed from
the provisions of the Act in spite of a decision by the Unit owners
directly affected by such damage or destruction to do so pursuant
to Paragraph A of this 510 if the Unit owners in the undamaged
Building or Buildings, if any (herein in this Paragraph B collect-'
ively called the "Remaining Unit owners") entitled to cast in excesS
of fifty percent (50%) of the votes of all Remaining Unit ownerH,
with the consent of all the holders of mortgages on their Units,
within thirty days after the determination is made to remove the
property from the provisions of the Act pursuant to paragraph ^ of
this 510: (i) authorize and direct the council to purchase all,
but not lesS than all, of the Units in the damaged Building or
Buildings (herein in this paragraph B collectively called the
"Damaged units"), and (ii) also offer in writing to purchasl! the
Units of all Remaining Unit OWners who vote against purchasing
the Damaged Units (herein called the "Dissenting Unit OWner or
owners") for a purchase price equal to the most recent appraisod
value of the Damaged Units and Units of the Dissenting Unit owner
or OWners as determined in the appraisal made pursuant to 53 of
this Article VIII, with the value of each such Unit being conclusively
deemed to be an amount of money equal to the appraised value of the
Property multiplied by such unit's Common Interest in thl! Common
Elements. If the Council does offer in writing to purchase the
Damaged Units and the Units of the Dissenting Unit owner or OWnero
pursuant to this Paragraph B, the Unit OWners of the Damaged Units
and the Dissenting Unit OWner or OWners shall be obligated to accept
the said 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 Unit or Units of Dissenting Unit OWner or OWnero referred
to in the immediately preceding sentence), of either (i) requiring.
any or all of the unit OWners of Damaged Units and any or all of the
Dissenting Unit owners to convey a good and marketable title to each
Unit purchased pursuant to this paragraph B, free of all liens and
encumbrances except for such liens or encumbrances as may be in
existence at the time of the delivery of the original dced to such
Unit from the Declarant 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 purchase made pursuant to this Paragraph n, taking
title to any such Unit under and subject to such liens or encumbrances
and deducting from the purchase price the sum necessary to discharge
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. proceeds of insurance arising from the
Council'S insurance policies attributable to the Damaged Units, which
proceeds shall be used to pay the purchase prices of the Damaged
Units. If the net proceeds of insurance are inoufficient to pay the
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shall be assessed against the Remaining Unit Owners as a Commo~
Expense. All closings pursuant to this Paragraph B shall be held
'not later than the later of (il sixty days following the Council's
receipt of all insurance proceeds, and (iil sixty days after the
Remaining Unit Owners shall have voted not to remove the Property
from the provisions of the Act. All realty transfer taxes payable
with respect to the transactions contemplated hereby shall be
divided equally between the sellers and buyers of the Units.
C. The implementation of the provisions of this SlD
requires the written approval of the first mortgagees of Units
in accordance with the provisions of 56 of Article XI of the
Coda of Regulations. For purposes of this SID and Section SD7
of the Act only, the term "Unit Owners directly affected thereby"
shall mean all unit Owners in the damaged Building or Buildings.
ARTICLE IX
EMINENT DOMAIN; OBSOLESCENCE
51. Eminent Domain. A taking of, injury to, or de-
struction of pnrtJ~r all of the Property b~ the exercise of the
power of eminent I~main shall be eOnsidered to be included in the
term "damage or destruction" for purtloses of this Article IX an.d
the award or settlement made in lieu thereof, or any other com-
pensation arising out of any taking or condemnntion shall be
treated in the same manner as insurance proceeds arising from a
casualty loss. Whenever all or part of the Common Elements shall
be taken, injured or destroyed by the exercise of the power pf
eminent domain, each Unit Owner shall be entitled to notice there-
of and to participate in the proceedings incident thereto, but in
any proceedings for the determination of damages, such damages
shall be determined for such taking, injury or destruction as
a whole and not for each Unit owner's interest therein. No Unit.
OWner, or any other party, shall have priority over any rights.
of the first mortgagees of the Units pursuant to their mortgages in
the event of a distribution to the Unit Owners pursuant to the
provisions of this 51. Any such damages, settlement or compensa-
tion shall be collected by the Council and distributed by it among
the Unit Owners and the holders of liens against the Units of such
Unit Owners in proportion to each Unit Owner's Common Interest in
the Common Elements, except to the extent that the Council deems
it necessary or appropriate to apply them to the repair or restora~
tion of any injury or destruction.
52. Obsolescence. In the event the Council by unanimous
vote of the members thereof shall determine that the Buildings are
obsolete, the Council, at any regular or special ~eeting of the Unit
OWners, may call for a vote to determine whether or not the Property
shall be removed from the provisions of the Act and sold;. subject,
however, to the written ap~roval of the first mortgagees as required
by S6 of Article XI of the code of Regulations. In the event at
least seventy-five percent of the Unit OWners voting in accordance
with the procedures established by the Code of Regulations shall
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de~errnine that the Property shall be removed from the provision.
of the Act and sold, tnen the provisions of Paragraph D of 510 of
Article VIII of the Code of Regulations shall become applicable al
if there had been substantially total destruction of the Property
and the Unit Owners who voted for such sale shall be doomed to be
the "Dissenting Unit Owner or Owners" and the Unit Owners who
voted against such sale shall be deemed to be the "Remaining Unit
owners" and the Remaining Unit Owners shall be entitled to purcha~e
the Units of the Dissenting Unit Owner or Owners upon the terml and
conditions specified in said Paragraph B.
ARTICLE X
LEASE OF UNITS
51. Lease of Units. Any Unit Owner may loase his
Unit provided (i) that a fully conformed copy of said leaso or re-
newal thereof sh~ll be delivered to the council within 10 days of
its execution1 (ii) that such lease shall be consistent with and,
by its terms specifically subject to, the provisions of the Declar-
ation, Code of Regulations and other Co~aominium Documents, as the
same may be amende!! 'from time to time 1 ,iiI! (iii) that the Doord of
Directors shall have the power to terminoto such loase ond/or bring
summary proceedings to evict the tenant in the name of tho los~or
thereunder, in the event of a default by the tenont in the per-
formance of such lease.
Notwithstanding anything to the contrary herein, the
provisions of this Article X shall not be applicable to a judicial
sale of any Unit, nor to a voluntary conveyance t~ a mortgagee in
lieu of foreclosure, nor to any sale or lease by any mortgagee
after such mortgagee shall have acquired title to a Unit pursuant
to a foreclosure of its mortgage or by virtue of a deed in lieu 0(..
foreclosure, nor to the Declarant until after the Declarant has
initially conveyed or disposed of all Units in Westwood Village
Condominium.
ARTICLE XI
MORTGAGES
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51. Notification of Council. A Unit Owner who mortgages
his Unit shall notify the council of the name and address of his
mortgagee and the Council shall maintain such information in a book
entitled "Mortgages of Units." A person who holds a mortgage may
supply such information to the Council.
52. Report of Unpaid Assessments. The Council whenever so
requested in writing by a mortgagee of a Unit Ihall promptly report
any then unpaid Assessme~ts for Common Expenses due from, or any
other default by, the Unit Owner of the mortgaged Unit.
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5~. Copies of Notices. The Council when giving notice to
a Unit Owner of a default in paying Assessments for Cornrnon Expenses
or other default, shall send a copy of such notice to each holder of
a mortgage covering such unit whose name and address has theretofore
been furnished to the council within thirty days of the date of default.
54. Notices of Dama~. The Council shall notify: (a) the
mortgagee of a Unit whenever amage to the Unit covered by the
mortgage exceeds $1,000; and (b) all the mortgagees of all of the
Units whenever damage to the Common Elements exceeds $1.0,000 or when-
ever any condemnation proceeding has cornrnenced as to any part or all
of the Property.
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55. Examination of Books. Each mortgagee of a Unit who
shall have given the aforesaid information to the Council shall be
permitted to examine the books of account of the Council during
regular business hours.
56. Rights of First Mortgaqees. Unless at least 75 percent
of the first mortgagees (based upon one vote for each first mortgage
owned) of Units have given their prior written approval, the Council
shall not be entitl~~ to:
A. Change any Unit's percentage interest in the.
Common Elements, Cornrnon Expenses, Common Receipts or Cornrnon Profits
except as provided in ~7 of the Declaration;
B. Modify the method of determining nnd collecting
assessments except as a Unit's percentage interest changes under
the provisions of 57 of the Declaration;
C. Modify the method of allocating distributions
of casualty insurance proceeds ur condemnation awards except as
a Unit's percentage interest changes under the provisions of 57
of the Declaration;
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D. Subdivide or combine any Unit with another Unit;
E. By act or omission, abandon, partition, subdivide,
encumber, sell or transfer the Common Elements; provided, however,
that the granting of easements for public utilities or for qther
public purposes which are consistent with the intended use of the
Common Elements shall not be deemed a transfer within 'the meaning
of this provision.
F. Use the proceeds of casualty insurance for any
purpose other than the restoration of the Units or Common Elements
affected by the casualty loss.
57. No Participation in Adjustment of Losses. The mort-
gagees of Units shall have no right: (n) to participate in the ad-
justment of losses with insurers or in the decision as to whether .
or how to repair or restore damage or destruction of the Property;
or (b) to receive or apply the proceeds of insurance to the reduction
of the mortgage debt secured by such mortgcges or otherwise, except
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in the ~v~nt and to the extent either of a distribution thereof to
Unit Owners pursuant to Section 802 of the Act or of insurance
proceeds or condemnation awards being received in excess of the cost
of repair or restoration.
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ft""'." sa .~t. Provisions for the Protecti'on of the construction
Mortgagee. Notwithstanding anything to the contrary contained in.
the Declaration, the Code of Regulations, the rules and regulations
of the Council, and all other Condominium Documents, until the
satisfaction of record of the mortgage (the "Mortgage") upon Pro-
perty recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Mortgage Book 564 at page 69 , as it
may be amended, modified, or extended from time to time, now held
by The Trustees of HNC Mortgage and Realty Investors (the "Trustees"),
the following provisions shall be a part of the Declaration, the
Code of Regulations and all other Condominium Documents and shall
supersede any inconsistent provisions contained therein:
A.. Whenever the consent of the Declarant is required
by any of the Condominium Documents, the written consent and jcinder
of The Trustees shall also be required.
B. The Council shall be required to give The Trustees
written notice of any default by the Declarant under the Declaration,'
the Code of Regulations or any other Condominium Document, and' shall
be prohibited from pursuing any remedy which the ,Council may have
against the Declarant with respect to such default until it has
given The Trustees ten days prior written notice of its intent to
exercise such remedy, during which time The Trustees 5hall have
the right to cure any such default.
C. The Trustees shall be given written notice of any
meeting of the Councilor unit'OWners, together with the agenda of
such meeting. Such notices shall be given in the same manner as -.
notices are given'to the members of the Councilor the Unit OWners,
as the case may be, under the provisions of the Code of Regulations.
D. No amendment shall be made to the Declaration or
the Code of Regulations which would reduce the amount of the insur-
ance coverage presently required, which would alter the rights of
The Trustees or which would, in any other way, affect the security
of the Mortgage, without the written consent and joinder of.The
Trustees to any such mnendment.
. E. If The Trustees should accept a deed from the
Declarant in lieu of foreclosure of the Mortgage, The Trustees
shall not be liable for unpaid Assessments of the Declarant which
accrued prior to the conveyance by deed in lieu of foreclosure.
F. If The Trustees declare the Declarant to be in
default under the Mortqage and either assume possession of the
unsold Units or acquire title to the unsold Units upon foreclosure
of the Mortgage (whether by purchase of the unsold Units at fore-
~ closure sale, by deed in lieu of forecloRure or otherwise), The
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~ruste4s or their successors and assigns shall have and enjoy
all of the rights, privileges and immunities granted to tho
... Declarant under the Declaration, the Code of Regulations and
the other condominium DocumentSI provided, however, that this
provision will not in any way limit the provisions of.the Act,
the ~claration or the code of Regulations which provide that
the purchaser of a Unit at foreclosure sale or by deed in lieu
of foreclosure shall not be liable for unpaid assessments
against such Unit which accrued prior to such sale or transfer.
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G. without the Frior ~Irittfln consent. of t.he
Trustees, which consent shall not be withheld' unreasonably,
the council shall neither select an insurance trustee as re-
quired under the provisions of the Code of Regulations.nor enter
into an Insurance Trust Agreement with such insurance trustee.
The council shall obtain the written consent and approval of
the Trustees, which consent and approval shall not be withheld
unreasonably, as to th~ form and substance of the Insurance
Trust Agreement: In addition, the council shall be required
"\ to establish an escrow account in a bank approved by The
Trustees and to deposit therein on a monthly basis in advance
one-twelfth of the estimated 1rtAufance p~~miums for the in-
surance policies which the council is required to maintain.
The escrow account shall be a joint account in the names of the
council and the insurance trustee and shall provide that, if
the council shall fail to pay the aforesaid insurance premiums
when due, the insurance trustee is authorized unilaterally to
with~raw funds sufficient for the payment of the insurance
premJ,ums.
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H. Whenever the property suffers destruction or
damage, the cost of reconstruction or repair of which exceeds
$100,000.00, the Council shall request and obtain the prior
written consent and approval of The Trustees of its selection
.. of an architect and contractor to oversee and make the repairs.
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ARTICLE XII
FISCAL YEAR
51. Fiscal Year. The fiscal year of westwood village
condominium and the council shall begin on the first day of
January in each year and shall end on the thirty-first day of
December of each year.
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ARTICLE XIII
AMENDMENTS TO CODE OF REGULATIONS
51. Proposal. Amendment to the Code of'Regulations shall
be proposed by either the Councilor by Unit Owners of all such in-
terests having Common Interests in the Common Elements aggregating
at least twenty-five percent. The proposed amendment must be re-
duced to writing and shall be included in the notice of any meeting
at which action is to be taken thereon.
52. Vote Reauired. Except as otherwise provided in the
Declaration, the affirmative vote of Unit Owners of their Voting
Representatives representing two-thirds of the total outstanding'
votes of the Unit Owners shall be required to amend the Code of
Regulations; provided, however, that if any such amendment would
affect the Declarant's ability to sell or lease Units owned by the
Declarant, 'such amendment shall require the written approval of the
Declarant, and if such amendment would affect in any way the rights.
of the holders of any fir~t mortgages on any of the Units as set
forth in the Code of Regulations, any such amendment shall also
require the written approval of seventy-five percent (75\) of the
holders of such first mortgages (based upon one vote for each .
first mortgage ownedl.
, ,
53. Effective Date. All amendments to the Code of Regu-
lations made as herel~above provided shall be evidenced by a
written instrument, executed and acknowledged by all membors of the
Council, which shall contain a certification that the amendment was
approved in accordance with the provisions of this Article XIII.
Such instrument shall be Recorded and the amendment to the Code of
Regulations shall becom~ effective on the date upon which such in-
strument shall have been Reco:ded. Copies of such instrument shal~
be sent to each Unit Olmer in the mannp.r provided in the Code of
Regulations for the giving of notices to Unit Owners, but the same
shall not constitute a condition precedent to the effectiveness of
such amendment.
ARTICLE XIV
P.\RLI~~ENTARY RULES
51. Parliamentary Rules. Roberts Rules of Order (latest
edition) shall-govern-tl\e conduc\. of proceedings of the Unit Owners
and the Council.
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ARTICLE XV
MISCELLANEOUS
51. ~lure of U on Strict Perform'ance
is No Waiver. T e a1 ure 0 t e Counc to ns st n anyone or
more instances upon the strict performance of any of the terms,
covenants, conditions or restrictions of the Documents 'or the Rules
and Regulations, or to exercise any right or option therein contained,
or to serve any notice or to institute any action, shall not be con-
strued as a waiver or a relinquishment for the future of such term,
covenant, condition, restriction, option or right, but such term,
covenant, restriction, option or right shall remain in full force
and effect. The receipt by the Council of any payment of Assossments
from any Unit OWner with knowledge of the breach of any covenant of
the Documents or the Rules and Regulations shall not be deemed a
waiver of such breach, and no waiver by the Council of any provision
or the Documents or the Rules and Regulations shall be deemed to have
been made unless expressed in writing and signed by duly authorized
officers of the Council.
52. Captions. Captions used in the Code of Regulations,
and the table of contents, if any, are inserted solely as a matter
of convenience and shall not be relied upon or used in construing
the effect or meaning of any of the text of the Documents.
53. Gender, Singular, Plural. Whenever the context to
permits, the use of the plural shall include the singular, the
singular shall include the plural and any gender shall be deemed
to include all genders.
54. Severability. If any provision of the Code of
Regulations or any section, sentence, clause, phrase or word, o~
the application thereof in any circumstances be judicially held
in conflict with the laws of the Commonwealth of Pennsylvania, then
the said laws shall be deemed controlling and the validity of the
remainder of the Code of RegUlations and the application of any
such provision, section, sentence, clause, phrase or word in other
circumstances shall not be affected thereby.
S5. Effective Date. The Code of Regulations shall become
effective on the d~te when it is Recorded.
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IN WITNESS WHEREOF, the undersigned, constituting all the
first members of the Council, have executed this Code of Regula-
tions in such capacity, under their hands and seals, the day and
(~~ year first above written.
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Jack E. Swan
(SEAL)
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Catherine Magill
(SEAL)
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Frank Wilson
(SEAL)
1st
Franklyn Fa~ling
(Sl:~^L)
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Margaret Fa~ling
(SE^L)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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On this 29th day of .hn1lA,.y , 1975 before me, the
subscriber, a Notary Public in and for the Commonwealth of Penn-
sylvania, personally appeared John E. Swan, Catherine Magill,
Frank Wilson, Franklyn Failing and Margaret Failing satisfactorily
proven to me to be the persons whose names are subscribed to the
foregoing Code of Regulations, and acknowledged that they executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notar-
ial' seal.
..;.:,
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[Notarial Seal]
Isl
Notary Public
My Commission Expires:
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FIRST AMENDMENT TO CODE or REGULATION~ .
or WESTWOOD VILLAGE CONDOMINIUM '
.'
WHEREAS, M.L.N. CON~TRUCTION CORPORATION, ...,
Declar~nt, execu,tecS on January ,29 1975 (i) . Declaration
Creating and E~tabli.hi~q We.twood Village Condominium
.' . . .
. . .
.' '
(hereinafter referred to .. the waeclaration.) which wa.
, .
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recorded on January 29,,1975 'in the Office of the Recorder
. . . . .
. . . . . .
of Dee~. ~f Cumbe~land County, Pennsylvania,' in Deed BOO~ 213
.t pag~ 283, and (i1'. a Code of ~.'Ul~tidhl of Westwoo~ Village
. . .' .' " -0 .' . .
Condominium (hereinafter: ~ef~rred to .. the WCodeW), Which". .'
. . ," .
was recorded on Ja.nuary 29, 1975, 'in the:'''for..~id' office in
Deed Book 213 at page 328.
, .
WHEREAS, 'IINC HORTGAGE AND REALTl! INVESTORS, a
..
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Mas.achu.ett.'bu.ine.1 tru.t (hereinaft~r referred to al
wHNC.) haa' .ucc'~ed~d to' the rights and privilege. of th'e
Declarant under the Declaration'apd the.Code by (i) SNC'I
adquisition through foreclosure of the tracts of land re-
ferred to in 'the Declaration .s Tract 1,. Tract 2 and Tract 3 '
.'
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and more fully described in Exhibit C of'the Declaration,'
, '
and 19 of the 21 condominium Units erected.on the land described
. . .... . .
in Exhibit B of ,the Declar~tion,' and/or . (11) by the te~s of'
, '
, .
Section 27,vi~ of the Decl~ration by reason of,KNC's fore-
o' . ':. . . " "
clo.ur~.on the unso~d Onit.'~nd Tract 1, Tract 2 and Tract 3..
. . .. WHEREAS~ Unit ~~rs h~lding at l'eas~ sixtr'.
.' . . .
seven percent (67l) of the total outstanding votes of the
o' ..', .' '. '. . '..
unit OWners voted to amend ~~e Code in accordance with the
o. . 0"'....: .
requirement. of Article XIII 'of' the Code.
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, WHEREAS, the'Counoil de. ire. to'execute' and record
. . . .
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,. . .' ..
" thb Amenc!ment whioh oontain. all of the amendmcant.to the ' .'
I . , . . '. .'. .'
. '.... . . . .
Code which have been approved a. afore. aid by Unit Owner.' .
. .
. . . . .
holding at lea.t .ixty-aeven perc~nt (67.) of the total ou~-
.', .
.t,ndin9 vote~'of th~ Uni~ OWnera.
. . .
. . 'I '. . .
. ..... NOW, ,irHEREFORE, .the unden~qned, .int.andinq to be
,0 " .' '... ".' . '. .' . .
'''l.geily' ~tioun'4 'liereby,: coyenant.. an!i aqree. ... ,follow." .... .
. .. : to t " .... ..... .. .
, '. ".: . .:':1. . AU .eference. in .the.Code '.to' th"-Declannt- . .
"0 .... '. . '. '. I .:' . f . .
.,' ..... " .
ahall 'be deemed to mean 'IINC, .'or any of it's succes.ora or as8iqn..
., . . .'. . .' '.: ..... ....: .' ".: ~ .
'. . to whom HNC lIlay' expre..ly' auiqn: its'i!.qhtB and privileges ..
. .., .
.
;' . the Declarant; provid~,ci, h~wever, that..HNC and' its 8uccenor.
. .
,and as.iqn8 .halr not be liable or responsible for anymliga-
" .:. . '.' .
.... .tion. or aot. or omiaeion. of Declarant which accrued prior to
'. . .., :".', .,: " .' . . '. .' .' '. '. .
. the date that lINe .uoce.ded M.L.W.'~onltruction corporation a.
'. '. .::. '", : .... . '0.0 00.. I' .
. .f;he Deolarant under the I?eclaration. .
,', ': .".:.-.0 .' ':" " . '0"".. .
.. . .' . ..... ........... --.- ._. .-. ---.. -'" ." .
.,. .. 2... Article IV(S) of the Code ia . hereby' deletiif in
.... '. . '. .' .'. :.. ........;.;; ;'. ,.',". .... . .:.: . .:'. . :::'. .:. .'... ". .' .. . ..
ita entirety. and. the 'following: paragraph "i. hereby .ub.tituted.
.. '. . ..' .
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in i~a "plaoe.
. ....:.
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55. Removal. Members of the Council
(except those selected.by the Declarant pursuant
to the provi.ions of 526(ii) of the Declaration,
. which Member. of the council Declarant may .
unilaterally remove' with or without.cau.e; and
. Declarant may unilaterally fill .uoh vacancies with
" .. penon. .elected by Declarant) may be removed with .'
'" or without cause, .by the affirmative vote of Unit
'. : Owner. or their Votinq Representative. havinq two-
'.. .~.. third. of the.votes cast at any annual.~r apecial .
:. . meetil:lq of. t:he Un~~, OWl!er~ d':lly:called .for '..ucb .
. .... purpb.e, in which 'ca.. the provhion. 'of 54 'of thia
. .' . . Article ~\(a~a1~ a1'.o . apply. .'. . ',: . ..,
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3. The introductory paragraph .of Artiol. XI(S) of the
. , . .
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Code i. hereby'deleted' in its e~tirety, and the following intro-
., ,'.. . .',' . ... " ,.... .
ductory paragraph i. .u~ititut.d' in it. place.
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Notwithstanding anything contained in'the Declara-
. . tion of Condominium, Code of Regulations, the Rule. and
Regulations of the Council, and all other Condominium
Document. to the contrary, whene~ HNC Mortqaqe and
Realty Investor., a Massachusetts business tru.t, or .
; any bank, .avinq..and loan association, trust company,
. ' :, .. rilortqage company, pension tru.t, busines. 'trust, insur-
ance company or other in.titutionallen~er, or it. .
.'.' ' .: .uoce.sora and assign. (hereinafter referred to a. -Con-
". .:.:.... .tructiog Mortgagee"), has an -interest- in five or more
;' . Unit. flew or herd...r aubmittlllS to the proviaions, of
: .' ,:.' . the Declaration, th~ provi.ions which follow .hall be a
. part of the Declaration ~f Cond9minium and Code of ~egula-
'.,' :.." ". tionl and all other Condominium ,Documnts and shall .uper-
... . ,,' :', '. ". , . .:.ede' any. inconsistent' provisions .contained 1herein. The
. " ...... .:> Con.tructlon Mortgagee'. -inter.est.- 'in. the:vnlt.'.hall .
. " . . 'incl~de, ~ut. not. 'be limited tOI . .: . .
. .
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(i) The Construct.ion Mortgagee'. interest
a. mortgagee unde~ any presen~ or .future mortgages,
. as such mortgages may be amended or modified from
., . time to time, that. may be granted on some or all of
" . ." '. the Units', ~xcluding, however, any lonq term per-
. . ". ,..... mane,nt. mort.gage or mortgages that may be qranted.
._: ." . to a reeidential p'urchaser.of an individual'Unit.
. .. . (The mortgages inc:luded in thi8 .I.lbpar~graph (i)
.hall h'ereinaner:be:'referred to..collectively ..'
the -Mortgaqe~) ~. '.. . . ..,.
. .
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. .' , (H). The owner.hj.p or possession of any
... Unit. by foreclosure .ale, by deed in lieu of
'.. '. . .closure,:receiv'ership, cour,t order, mortgaqee
.... '. .... p'ossession,'purchasei lea8e or' otherwiae. .'.
. ...:'::.' : .. '...: ..... '.. . . ..:
" . . .. '~ll"ref~:r~rice.s'in'Article X,I(8) of t~e Code. to .
.. . '..: ......... '. .. .
~ " -Trustees- are hereby deleted and the phras~ -cori~tru~ti~n
.' ..
.' '. . .,1' . .......
. . . Mortqagee- 'i8 hereby 8~bstituted in its place" ..... .
. ~." ". . . 1 . .' \. ". '.'
'.' 4. 'The following paragraph i.' hereb1.made". part
.' .:. . .' :'.1.' '.'.:. . ....:. .... .., .' . .
of the Code a. Article XV(6) I' ,. .' '.. . .,'......
; .'. ":. : .;..".::..' . ....::... "~.,,~\.,.:..,,. ....
'. . ". ........ .'. '. '.','
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of the
fore-
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.~~ .' 5... EXcept as' expr~;'alYlUllended 'herebY ~ the terms
. .. ; . .... '. . ,:;.. ::: ~ .... . ,
. and cond1 tion. 'o~ thil. ;.cod. and' .~Jia~i' %'eJiiUn in full force
anI! .ffec~.
, . .
IN WI~ESS WHEREOF, the undersiqned have'eXecuted
: . " .' ,'..' twenty-~ignth' day of May, 1976, ....
thi. runendment.'. .th" Mf-06fK\-~-UrIllt,.. abr'''g..~~. '. .' .
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~he exercise of the ~ight. and privileges
of the Declarant under the Declaration and the Code
I .hall be exercised by HNc,'and thia Amen4ment i.
executed by HNc,.a bu.ines. t~u.t exiatinq under the
law. of Mas.achusett., through or by one or more of
it..t~ust.e. or officer. in hie or their capacity a.
.uch under an Agreement and Declaration of ~rust dated
september 27, 1971, a. amende4 and re.tated from
time to time,' and not. indiVidually. Neither the truste.
" . nor the officers, employee., agent. or .hareholder. of
. HNC Mortgaqe and Realty Investor. shall be personallY
liable under the Declaration, as amended, or the Code,
. ,as amended, the Unit. owners and/or the council and
all others .hall look .olely to the ~rust. Estate of
HNC Mortqage and Realty Investor. for the payment of a~
. .clai~ under the Declaration, as amended, or the code,
, . as amended, or for the p,rformance of any obliqation,
:'. ~'. llJUlment, condition or .1I11111C be performed or observed
'., ,byHNC Mortgage apd Realt.y.Inve.tor. under.th~ Dealara-
.. : t.ion, a. ~ended,' or . t.he C9ae ~. a. am!!nded,' .or ~nder any
, other agreement. or 'document collateral thereto..
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COUNCIL OF WES~WOOD
VILLAGE CONDOj:\INIUM
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The under.iqned, Declaran~, be~eby joins 1n th~
execution of ~i. Amendment pur.uant to Section 26 (i,) of the
Deolaration. '
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On thia /Jt4 day of %'~~'
ber, a Notary Public in an~(o~
Ja~~~p~~spnal~~p~a~~ '
,.t/"~-Jit.~,~, ~ ~...., ,
.at1s ac r1 y proven to me to DB
:sons whose names are .ubscribed to the foregoing First
Jnt to .the Code of 'Regulations 0(' the W.estwooa-' .....-.
a Condorn1n1um, ~nd aCKnow~eagea tha~ they execu~ed
ne for the pu:poses therein contained. '
,
IN WXTNESS ~EREOF, % have hereu~to set my hand
tar!.al seal.
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, 1976, before
e Commonwealth
.
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of
the
My
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Notary PU l.C ' "
JAMES T. cox : :~,
CO!rm~~~~~.ArlEl~..I:re~r:>unlV' '" .'
~.,_ (IPl',n s","mllo' \7; 1171 ~ .
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OF CQM~\CN..\
Jl';'l'l( OF ~~\Ri=\~
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On the ;lo~ day of {:\OQ.~\ , 1976, before
, the subscri~er, a Notary Public in, and for the State
,d County afo:resaid, personally app,eared~Q.~ 5. AAA.l!lp,)~
10 acknowledged himself to be a Trustee of HNC MORTG~GE
lD REALTY INVESTORS, a business tr~st, and ~hat he, as such
:ustee, being authorized to do so, executed the foregoing
lstrument for the purposes therein contained by signing the
!me of the trust by himself as Trustee, and desired that the
1me might be recorded as such.
Witness my hand And seal the day and year aforosaid.
\
l't\ch ~ ..,) ~, "-fvl c(' ~~
Nfiltary aub:l.c t
,
My
Commi~sion E~pircs:
1oI~ Comm'n,on top:,.. April 1,1978
,~
STATE OF fJ~"'~'KiJt.W1l::
COUNTY OF a.~.1. t.-- ~ .. I
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"
On this .&I,,/- day .of ~ ' 1976, before me,
the subscriber, a Notary Public in and fpr the Commonwealth
of Pepns~lvaJ1ia, personally appeared ~~/~~ d. ~......
and~. ~~__ satisfactoriyY proven to me to be
the persons whose names are subscribed to the foregoinq
First Amen~~ent to the Code of RegulationD of 'the Westwood
Village Condomini~~, and acknowledged that they executed
the same for the purposes therein contained.
IN Wllftlss WHERl8r, I have hlreunto set my hand
and notarial seal.
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N ary Public
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My Commission Expires:
t.l^"y LEA SHINK, N.ta.., ,.U-
Cor""., C...~.,".~ c.. ..
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The under.igned, holder of a firat mortga;e lien
on the unit. e.t ~orth oppo.ite
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con..nt. to the execution and recordation of thi. Amendment
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it. name below, hereby
p~r.ua~t to Article ~~II(2) of the Code.
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Mortqaqee
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,,0.. CHASE
Unit L-9B
Unit 10-6 ,
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Susan Palmer
Date Charge Amount Total
August, 1997 Monthly Assessmcnt 711,00 78,00
August, 1997 Spccial Asscssmcnt 120,00 198,00
Scptcmbcr, 1997 1ntcrcst ,99 198,99
Septcmber, 1997 Monthly Assessmcnt 78,00 276,99
September, 1997 Special Assessmcnt 40,00 316,99
Octobcr, 1997 Interest 1.58 318,57
October, 1997 Filing/Legal 867,72 1,186,29
October, 1997 Monthly Assessment 78,00 1,264,29
October, 1997 Special Assessment 40,00 1,304,29
November, 1997 ]ntcrest 6,52 1,310,81
November, 1997 Monthly Assessment 78,00 1,388,81
November, 1997 Special Assessment 40,00 1,428,81
December, 1997 Interest 7,14 1,435,95
December, 1997 Monthly Assessment 78,00 1,513,95
December, 1997 Special Assessment 40,00 1,553,95
January, 1998 Interest 7,77 1,561.72
January, 1998 Monthly Assessment 78,00 1,639,72
January, 1998 Special Assessment 40,00 1,679,72
February, 1998 Interest 8.40 1,688.12
February, 1998 IVionthly Assessment 78,00 1,766.12
February, 1998 Special Assessment 40,00 1,806.12
March, 1998 Interest 9,03 1,8]5.15
March, 1998 Monthly Assessment 78,00 1,893,15
March, 1998 Special Assessment 40,00 1,933.15
April, 1998 Interest 9,67 1,942,82
April, 1998 Monthly Assessment 78,00 2,020,82
April,1998 Spceinl Asscssmcnt 40,00 2,060,82
April, 1998 Lcgnl Fccs/Exllcnscs 108,50 2,169,32
Mny, 1998 Intcrcst 10,85 2,180,17
May, 1998 Monthly Assessment 78,00 2,258,17
May, 1998 Special Assessmcnt 40,00 2,298,17
May, 1998 Legal Fees/Expenses 177.50 2,475,67
May 5, 1998 Payment Received <118,00> 2,357,67
June, 1998 Interest [ 1.78 2,369.45
June, 1998 Monthly Assessment 78,00 2,447.45
June, [998 Special Assessment 40,00 2,487.45
June, 1998 Legal Fees/Expenses 202,60 2,690,05
June [5, 1998 Payment Reecived <1,024,00> 1,666,05
Ju[y, 1998 Interest 8,33 1,674,38
July, 1998 Legal Fees/Expenses 198,50 1,872,88
July, 1998 Monthly Assessment 78,00 1,950,88
Ju[y, 1998 Special Assessment 40,00 1,990.88
Ju[y 7, 1998 Payment Received <118,00> 1,872,88
August, 1998 Interest 9,36 1,882,24
August, 1998 Monthly Assessment 78,00 1,960,24
August, 1998 Special Assessment 40,00 2,000,24
August 4, 1998 Payment Received <118,00> 1,882,24
August, 1998 Legal Fees/Expenses 324,69 2,206,93
September, 1998 Interest 11.03 2,217,96
September, 1998 Monthly Assessment 78,00 2,295,96
September, 1998 Special Assessment 40,00 2,335,96
September 8, 1998 Payment Received <125,08> 2,210,88
September 29, 1998 Payment Received <118,00> 2,092,88
October, 1998 Interest 10,46 2,103,34
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OClobcr, 1998 Monthly Asscssmcnt 7K,OO 2,181.34
OClobcr, 1998 Spccial Asscssmcnt 40,00 2,221,34
Novcmbcr, 1998 Intcrcst 11.11 2,232,45
Novcmbcr, 1998 Monthly Asscssmcnt 78,00 2,310.45
Novcmbcr, 1998 Spccial Asscssmcnt 40,00 2,350,45
Novcmbcr 5, 1998 Payment Rcceivcd <118,00> 2,232.45
December, 1998 1 nterest 11.16 2,243,61
December, 1998 Monthly Assessment 78,00 2,321.61
December, 1998 Special Assessment 40,00 2,361.61
December 3, 1998 Payment Received <118,00> 2,243,61
January, 1999 Interest 11,22 2,254,83
January, 1999 Monthly Assessment 78,00 2,332,83
January, 1999 Special Assessment 40,00 2,372,83
January 7, 1999 Payment Received <118,00> 2,254,83
February, 1999 Interest 11.27 2,266.1 0
February, 1999 Monthly Assessment 78,00 2,344.1 0
February, 1999 Special Assessment 40,00 2,384.1 0
February 4, 1999 Payment Received <78,00> 2,306.1 0
March, 1999 Interest 11,53 2,317,63
March, 1999 Monthly Assessment 78,00 2,395,63
March, 1999 Special Assessment 40,00 2,435,63
March 2, 1999 Payment Received <78,00> 2,357,63
March 29, 1999 Payment Received <78,00> 2,279,63
April, 1999 Interest 11.40 2,291.03
April, 1999 Monthly Assessment 78,00 2,369,03
April, 1999 Special Assessment 40,00 2.409,03
April 28, 1999 Payment Received <78,00> 2,331.03
May, 1999 Interest 11,66 2,342,69
. ~ .
MlIY, 1999 Monlhly Asscssmcnt 78,00 2,420,69
MlIY, 1999 Spccilll Asscssmcnt 40,00 2,460,69
MlIY 26, 1999 1'1Iymcnt Rcccivcd <78,00> 2,382,69
June, 1999 Intercsl 11.91 2,394,60
June, 1999 Monthly Assessmcnt 78,00 2,472,60
June, 1999 Specilll Asscssmcnt 40,00 2,512,60
June 22, 1999 PlIyment Rcceived <78,00> 2,434,60
July, 1999 Interest 12,17 2,446,77
July, 1999 Monthly Assessment 78,00 2,524,77
July, 1999 Specilll Assessment 40,00 2,564,77
August, 1999 Interest 12,82 2,577,59
August, 1999 Monthly Assessment 78,00 2,655,59
August, 1999 Special Assessment 40,00 2,695.59
September, 1999 Interest 13.48 2,709,07
September, 1999 Monthly Assessment 78,00 2,787,07
September, 1999 Special Assessment 40,00 2,827,07
October, 1999 Interest 14,14 2,841.21
October, 1999 Monthly Assessment 78,00 2,919,21
October, 1999 Special Assessment 40,00 2,959,21
November, 1999 Interest 14,80 2,974,01
November, 1999 Monthly Assessment 78,00 3,052,01
November, 1999 Special Assessment 40,00 3,092,01
December, 1999 Interest 15,46 3,107,47
December, 1999 Monthly Assessment 78,00 3,185,47
December, 1999 Special Assessment 40,00 3,225.4 7
December 7, 1999 Payment Received <101.00> 3,124.47
January, 2000 Interest 15,62 3,140,09
January, 2000 Monthly Assessment 82,00 3,222,09
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Jnnunry 5, 2000
Jnnunry, 2000
PIIYlllcnl Rceclvcd
Lcglll Fecs/Expcnscs
<82,00>
3,77(),94
3,140,()9
6,911.03
'rollll Amount Due $6,911.03
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CERTIFICATE OF SERVIC~;
I, David R, Bresehi, Esquire, of the Inw firm of Shumaker Willimns,l',C" hereby certify IImt
I served a true and correct copy of the Ibregoing Plaintifi's Motion for Summary Judgment on this
date by placing a eopy of the same in the United States Mail, Postage Prepaid, addressed to:
Ann F, DePaulis, Esquire
SALZMANN & DePAULlS, P,C,
105 North Front Street, Suite 201
Harrisburg,PA 17101
SHUMAKER WILLIAMS, P,C,
o
Dated: ~ C /) ?,o'?~
By
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avid R, Breschi, Esquire
1',0, Box 88
Harrisburg, I' A 17 I 08
(717) 763-1121
Attorneys for Plaintiff
COM~10NW<..LTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cumberland County
JUOICIAL OISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
COMMON PLEAS No, Cfll. (,j-L
~'Ic!Vl ,.tJ,.q,&"
NotiCl! is uivcn that the appellant has filed in the ahove Court of Common Plcils an apPcil1 from the jud{Jll1ll1l1 rmulcrcd hy tlm District Justice
on the dall! and in the case mentioncd below.
......._ Of' ............",."
Council of Westwood Village Condominium
..".. OIlT. NO. 011 "AM_ 0.. 0,1.
V
09-1-02 (Robert ~anlove)
...00..... Of' "............"T
en"
s.,,,,.
&... COD.
c 0 PMI
P.O. Box 622
12/08/97
Council
Lemo ne, PA 17043
Condominium
of Westwood Villa e
"""'~"~"
0...,.. 0.. ,UaGM_NT
IN TN. CA'. 0...,. ,",.,"
CV19Q7 -t\t\t\t\dn,;
LT 19
This block will be signed ONLY when
R,C,P,J.P. No, 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in Ihis case,
v..
.'p:.:: 7."1~iik.:::.::::"
Susan J. Palmer
c......... NO.
Kent H. Patterson, attorne ellant
this notation is required under Pa.
If appellam was Claimant Isee Pa, R,C,P,J,P,
No. 100116) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOT)CE of APPEAL.'
Signature of Prothonotary or Depury
,".
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE .
(This section of form to be used ONL Y when appel/ant was DEFENDANT (see,Pa, R,C,P,J,P, No" (00117) inaction before District Justice,
IF NOT USED, detaCh"'r"m copy of notice of appeal to be served upon appel/ee), \- ,-. '.' -" '-" ,.',
PRAECIPE: To Prothonotary
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Enter rule upon
(Common Pleas No,
Name of appellee(s)
1 within twenty (201 days afte, service of rule or suffer enllY of judgment of non pros,
,appellee(s), to file a complaint in this appeal
,Signature of tlppeflanr or his attorneY'dr agent
RULE: To
Name of appellee(s}
. appellee(s)
,
':./. ,,'~',:.:.~\-,s...T
,
(1) You are notified that. rule is hereby entered upon you to file a complaint in this appeal within twerity (201 days after tiie-date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU,
(3~ The date of service of this rule if service was by mail is the date of mailing.
Date:
.19~,
Signature of Prothonotary Of' Dttputy
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AOPC 312.90
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(. 'This praolof si'n~iCl.' MUST BE t:/L ED WITHIN FIVr (5) DA YS ,l1FTff? iiI/rill tlu. fH)t!U! of .11'1'/.'011. (;11('(;1< "fJfJlll.'.I/JIt.' Im,",'s)
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COMMONW.EALTfJ O~',I'ENNSYLVANIA
COUNTY OF~~.~,:pl;_~ -
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AFFIDAVIT: Ilwrehy 'iWf:.1I 01 .!lfillll tll.1! I SI.!lvt:d
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p<.1 "'5:lJJ.l.Y of 1!1I' Nutlec 1)1 APlh'"I, C0/1111101l Plt'.I~ N_~ _-:--::,__ '4_, upnn lh.! Dl'illlt:l .Jll...t.l~~l' dt',~,l~i'l.l~l.'d ,Ihell~i',l ~J1~ ,
',(1.1((.' of SI.'rVI(CJ~pJJ.~!.:\_~_"'_'.G___, _, lD.~."i_. .[ 1 by r)lH~~IIlJI ),iI'IV1Cf' If\{ by In'lldw\JI.I, .1' I. .111 m\I~t"..smll.ll":""
I '''Susan J Pa meP' , " ,,' ...
ll~C'!lpt ;lll.lched h',;JI~'O, ;Jill! IJpon till! dl'Il\:lIl!I.'. (II.IIIH.'J.. .__~ __~uu.~__.._ on
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~H1<1 flllftWI.th.1t I SNVt'c! tht~lJ1uhl ,10 Fd.! ;1
whom the Rulf! Wil<; .1ddli!'i~f'd on.
mail. S(!IHlcr'srecnipt a1tach(l(llu~n~ro.
(:OlIlI)I,IlII' .U:CIHllllilllYQlq ,Ilt; illllh'+~ Ni)IICI~ (II AIIP.~ltl t1poll\'tlw aPlldlcef~) to
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SWORN I~IRMEDJ ANj SUBSCRIIJED flHOIlE ME
THI5_CR_ DAY OF__Q.'(!_Uo..a.y_____. 19q~
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SI{J",ttUft' of (IIIll;I.,' l1t.foll,' WhOlll ,"I1I1(J.lVlt .V;H ""'1.'"
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Notarial Seal
Kathryn 5, Patto,"on, Notary Public
Harrlsbur\J, D<3uphin County
My Commission Expires M<JY 22. 2000
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COMMONWEAL TH'OF PENNSYLVANIA
COUNTY OF: COKBBIU..AND
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PLAINTIFF: NAMe."" ADORn..
I(:oUNCXL 01" 1fKBTNOOD VXLLAQB ..,
... l'Ia
PO BOX 622
t!-B"onm, I'A 170..3
VS.
OiFEND^NT; NNolI! InII ADDkIllK8
i'PALHBR. SOSAN J.
222 BRJ:AH DlUVB
BNOLA, PA 17025
L
Docket No,: CV-0000"06-97
Date Flied: 10/14/97
~Dle4""1
09-1-02
Il"I"..".., """1
ROBaT V. IIAHLOVB
-.... 1901 STAT. STIU!:BT
CAIIP HXLL, PA
-'
T,~,.,"..,(7171 761-0583
17011'0000
..,
A~~~K FOR I'LAXNTXFF :
IISQtJ7ltB KBN'l' B. PATTBRSON
221 pDIJ!l ST
BJUUU:SBtJRQ, PA 17101
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THIS IS TO NOTIFY YOU THAT:
Judgment: lPOR DRPRNn.......
W Judgmenl WIIS ""l",,,d fo,: (Name) ....T,....... I .."..au .T
UlJ Judgment was enteretl B\lllil1st: (NIIIIII') r.tlt1NC!TT. nIP VJlJR'I'IInnn VTT,T,ar.lR
In the amount 01 $
(Date 0' Judgment)
(Date & Time)
nn on:
'2/nR/Q.,
L. ,I Uelendants are Jointly and severally liable,
o Damages will be assessed on:
o This case dismissed without prejudice,
$
$
$
$
$
$
$
, .00
_00
.00
.00
.00
Amount 01 Judgment
Judgment Cosls
Inleresl on Judgmenl
Attorney Fees
TOlal
U Amounl 01 Judglllent Sullj"~l to
Attachment/Act 5 of 1996 $
POSI Judgment Credits
Posl Judgment Costs
o L..vy is sllly..d for
days or 0 generally stayed,
------------
------------
Certified Judgment Total $
o Objection to levy has been iliad and hearing will be held:
i 0.., ~ -"
Time:
-.... ---..--
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ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTliONS)'
MUST INCLUDE A COPY OF THI 'N
1';;1. ~ .q,") Date
RY/CLER.1:t OF THE COURT 9.f COMMON PLEASJP"ILttHYll'!J~N, YOU
E OF. JU'PG , ' AN RIPT FORM WIT}J's..c"a~!~.~Qf,!'PPEAL
, . .- ,,' .. .,... .". (.,. "..
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.. . ,leI Ju,strce
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p'roceedlngs ~OI1!~!riing ~t>8 IUdgme~t" 1
, . ,
. . , District llustlce
. ..,.
I certily lhatthls Is a Irue a
)9.' ~ .q'l Date
".
'SEA!:
My commission expires IIrs\ Monday of January,
AOl'C ~ 15'9G
2000
~~~'~r.1~~\ ~~~:~~i,;:}]:~~:::n~:'~~'f','E\i:',-" >-, ;;' ..
;!i!COMMONWEAL TH OF PENNSYLVANIA
, ~t::'l~'C\;':,'( .; 'COUIlT OF COMMON PLEAS
~~''''",:.;.: Cuaber1end County
i :;'i;: JUOICIAL DISTIlICT DISTRICT JUSTICE JUDGMENT
r.~~,i""", CDMMDN PLEAS No, ~.~, ,,~:"';O...:J;...t, .:,
W~{h".i, "" t:.~ ",-,:qv=:::r- . ,', ",,'
1f.''fj,,\i;,.',:i(. ,',' , NOTICE,. OF APPEAL ' .' ,\'
y~.~ij!liie I,!, glvon .hot thu appullant hal fIIud In the abovo Court of Common Plool an oppool from thu ludomonl rondo rod by tho Dlltrlcl. JUI*~,:..
~(f.;<I~:WrM'~o '~Idln tho calo montlonod bolow, ' . ';':1:_
fi~~;'C:o~ncJ.fof "..twood Village Condominium "Og:'i':'O;t (;~~;~ "'nl0~~), .:1~
,i ."~(~:,r. ,,~,~.._,~"I.A"!. ,,, ' cln "'ATe, ,~I; CI... - ~11'
''C O\JlIIlcIP~()~ r.-o ne, PA 17043 <..P' ' "~\",
. ,..~ 'u......, '. 'N TN_ ~"'.. ."/".'''''''1 COndOllinium ,,,,__,.,, ~ '"
qj':0817 Council of "e.twood Villa e .0, Su.an J 0 Pall1ler .,':'~;'t,
. .'..".'" s..",""uu "A"".,L";:'f~; "no"..." 0.. A....' -" ';~";;;~,;-~.{_-;:~.t~
',~~{f'\);':::~~ 19,~;" -__~n" /,1... , "'-17Y~--. "':~i:,
i':f;'~:;,~:~"7LT:19" . Kent: B. patter.on attorn. for ',ii;~i~;~&
7i':Thls'::bloCk'.t~will'J)tj~'s'lgried ON~Y c whim i tHis "'notation', is !required\ under' Pa': " ~ .,'1 , . ,'," l'~~ . ~I 'r,.,'J t ~ I'.J.'" I ; " - . ,.,,,e:l
d:R':C:pj,PtNcl?1008B:io,.,';.:1 "'1 :)",,' II, ", ',"". " Jf,a,f!!,el/~nt" ':'''f. ,C/a~~!''1.t) (~ ,~a:,./!\c.,R,-!,p,... :;( ~
:' Hhl~;,~OI!ce\;i.App..I.,,,,lien rocolved by the Diltrict JUltlce, will operoto.1 No, 1001(6J in actiOnbeforeDi.trictil~ftiCe.~hf,i~,,-~
' ~:oSUI'EfjSEQEAS io.tho judoment for possossion in thil C.le, MUST FILE A COMPLAINTo"Withiri' 'tWr!rltY'V"20J::1[l~~
. ; ~i~(ts\;*~'f: . ..... . m_._.. ,,_._. _. ",""'"'W"'ftI. ,,"n:~f~"':"'~;,':2~~'I
~([-~jJ}~;:"[.';:F:":::'{,P.~A~~'P~~O . ~~r.~R, RULE \ T9 -,fILE, CO~,rL,:\'NTA~[),RU1-E T9 )=.~,~E,:""" ~', "<i;i:~;~~
JT1Jlllii1i:., tlDn'of fo'm"job~ !!$I!<! ONLY, When. . appellant ,,:,asDEFENDANT (","-.Pa, ,,!-,C,P,J,{!; ,No, 'WIf!!f.{I,hiact,'o",~e(o"re 0."',' ,!I;rJ~',.tlce,. :",c,/i!
"IF,NOTUSED~aefiC7lTiOmcopy.ofnotlceo'fappealtobe$l!rveduponappe/lee), .... .','.., ....., .. , '.r,. ":"'''' "'.1)""" ""',""i!~
.~~;\i~;':'~i~D:,~:,.~~/;;_~....:"._;;.~:;'-~'~-:. ";':";" " . . . ,/,-,. ,.' . .:;-~ ~ t Ii: 'c. '., -," . ..,,' ,; ,,; ,,;~, i ; 1".1'-;' !Y"II~~:\t.11~.~l,':':'~,;':'>' '),-~-:', ",,'~,:.-~'Vt1
1l"p.RAE(f'eE:,,;To. P~othonotory:" .,',,.,........,....,...,. Y" ,.. ;, " ..' ;:.t' ',; . "Lt)-~';;j 0'."":.1;\ f:.:' ',<',". '{') ,:if
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ilt;J.<'~;;JEr1t.r.ri"e uP<ln ' " ,; a,ppelle, O(SI.",tO.', ile,., com,' PI.inti.n th, is a, p".p,e....,.',ti.:.0.
lil'~r ,"''-1'' ,:-;. t : N.mlofappellee(,/ ' , " C ,', . '." ',";,"!J
:1~~%~~i;i~l!.I:~;i~~,:".J! ':' . '.'" ;, ...'. "'<I ) within tw~ntY(20) d.ys altor servico ol;ulo or,~;;~r~~tr~~f'F~~~~,~~'P:"c:;~i,;~!;
,I\\'J;..,I 'r .';., ~, ~"~~J-~ .' "'. . " "~'," ,,~. ' .,.,,-,,.':l1 I ".;n,."(-,..!",, I
' . ~.;hl , "'.. ,'" .__ '''', "\ \ _ ."....\.
'1'~.;~~iV':7:~~":i~:'~' f. __.....:~.:...~ ....1-.:-:-~'r~.:. -._~ _.'\ f-" \Si9f'~ture,o,f~"."to'{~!.'ttofMY5""fffi:,:rj
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 98-61 CIVIL TERM
SUSAN J. PALMER
Defendant
CIVIL ACTION-LAW
NOTICE TO PLEAD
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 defense or objections to the
claims set forth against you. You are warned that if you fail to
sdo so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the Plaintiffs. 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.
COURT ADMINISTRATOR
CUMBEIlLAND COUNTY COURTHOUSE
4th Floor
CARLISLE, PA 17013
(717) 240-6200
,I
i
-1-
'"
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
SUSAN J. PALMER
Defendant
.
.
CIVIL ACTION-LAW
No. 98-61 CIVIL TERM
COMPLAINT
AND NOW comes Plaintiff, by its attorney, Kent H. Patterson, and
files this Complaint as follows:
1. Plaintiff is Council of Westwood Village Condominium
("Council") which has addresses c/o Grace Lovell, President, 205
Louise Court, Enola, PA 17025 and c/o Property Management Inc.,
1300 Market Street, P.O. Box 622, Lemoyne, Pennsylvania 17043.
2. Defendant is Susan J. Palmer, an adult individual, who
resides at 222 Brian Drive, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania 17025.
3. Westwood Village Condominium is a condominium
located in East Pennsboro Township, Cumberland County, Pennsylvania
that was created and established pursuant to the Unit Property Act
of Pennsylvania; the Declaration Creating and Establishing Westwood
Village Condominium ("Declaration") which is dated January 29, 1975
and recorded in the Office of the Recorder of Deeds of Cumberland
County in Miscellaneous Book 213, Page 283 and ther.eafter as
amended; the Code of Regulations of Westwood Village Condominium
-1-
("Code of Regulations") which is recorded in Miscellaneous Book
213, Page 328 and thereafter as amended; and the Declaration Plan
of Westwood Village Condominium dated January 29, 1975 and recorded
in Plan Book 26, Page 13 and thereafter as amended.
4. Plaintiff is the body which manages the business,
operations, affairs and property of Westwood Village Condominium
pursuant to the Unit property Act of Pennsylvania, the Declaration,
and Code of Regulations.
5. Defendant is the owner of Unit No. L29-F3, Building 10,
Block 5, known as 222 Brian Drive in Westwood Village Condominium,
having acquired title by deed dated July 13, 1995 and recorded in
the Office of the Recorder of Deeds of Cumberland County in Deed
Book 125, Page 197, together with a proportionate undivided
interest in the common elements, as defined by the Declaration, of
0.85070.
6. Plaintiff has the duty under Section 12 of the
Declaration to maintain, repair and replace the common elements as
defined in the Declaration and to make assessments and collection
of common receipts from the unit owners for common expenses and the
payment of common expenses as defined in the Declaration.
7. Section 16 A and B of the Declaration and Sections 702
and 703 of the Act provide that assessments against any unit owner
for a share of common expenses chargeable to that owner shall
-2-
constitute the personal liability of the unit owner and that any
such assessment may be enforced by suit by Council acting on behalf
of the unit owners and shall be listed by the Prothonotary as a lis
pendens.
8. For and prior to each of the years 1995, 1996 and 1997,
and pursuant to Article VII, Section lB of the Code of Regulations,
Plaintiff assessed all unit owners for the estimated annual common
expenses and said assessment for each unit was in the same
proportion as each unit's respective undivided common interest in
the common elements as set forth in the Declaration.
9. During the years of 1996 and 1997, Plaintiff issued
special assessments to all unit owners f.or increased operating
maintenance and/or additional capital expenses pursuant to Article
VII, Section lC of the Code of Regulations.
10. The monthly assessments levied by Plaintiff against the
condominium unit owned by Defendant at 222 Brian Drive for 1995,
1996, and 1997 were as follows:
Year
1995
1996
Assessments
General Assessment:
General Assessment:
Special Assessment:
$91.53
$91. 53
$28.25 (April, May,
June, July only)
-3-
1997 General Assessment: $78.00
Special Assessment: $40.00
11. Pursuant to a statement of account for the period of
August 1995 through December 31, 1997, a copy of which is attached
hereto and marked as Exhibit A, Plaintiff charged Defendant for the
assessments, late charges and attorney fees set forth therein.
12. The Defendant only made payments as indicated on the
statement of account (Exhibit A) and failed to make the payments as
shown on Exhibit A, leaving a balance due and owing as of December
31, 1997 of $1637.72.
13. Pursuant to Article VII, Section 1I of the Code of
Regulations, Plaintiff is empowered to collect delinquent
assessments against unit owners together with interest, costs,
filing fees, and attorney fees.
14. Plaintiff has or will incur attorney fees in the minimum
amount of $800.00 and will incur additional attorneys fees in
connection with this action for which Defendant is liable.
15. Interest has accrued on the amount owing by Defendant to
Plaintiff at the legal rate of six percent (6\) per annum and will
continue to accrue.
16. All conditions precedent to Defendant's liability have
been satisfied.
-4-
, Westwood Village
222 Brian Drive
Monihly]-Amoulilr-Chiicf [ Amount -'-Date ~e Balance
_~!a.lt~!. d[)'~ - Nu.I!'_b!,r _8!J.Ci'1~~~L ..B!!~~!Yi'd Charge
Carried Forwar from 1996: 121,53
--January -----70:01f --llf92 91,53 01i02/97 10,00 116,00
40,00 . 158,00
February 78,00 1732 88,00 02/04/97 10,00 158,00
40,00 198,00
March 78,00 1758 88,00 03/04/97 10,00 198,00
40,00 1762 30,00 03/06/97 208,00
April 78,00 1789 198,00 04/01/97 10,00 98,00
40,00 1819 78,00 04/28/97 60,00
May 78,00 1547 78,00 OS/28/97 10,00 70,00
40,00 110,00
June 78,00 1878 158,00 06/30/97 10,00 40,00
40,00 80,00
July 78,00 10,00 168.00
40,00 208,00
August 78,00 1923 78,00 08/05/97 10,00 218,00
4\J,OO 258,00
September 78,00 10,00 346,00
40,00 386,00
October 78,00 10,00 474,00
40,00 514,00
Filing Fees 67,72 581,72
Legal Fees 800,00 1,381,72
November 78,00 10,00 1,469,72
40,00 1,509,72
December 78,00 1,587,72
40,00 10,00 1,637,72
Beginning Balance:
Total Charges:
Total Payments:
Ending Balance:
$121,53
2,403,72
887,53
_$1.637,72
as of 12f.jl/97
EXHI\3IT A
~
, Welltwood Village
222 Brian Drive
Monthly Amount r Che~ Amount Date T Late Balance
-AlIlIell~~I~ue_ _~Jl_mber Received Received Charge
Carried Forward from 1995: 91,53
January 91,53 1279 91,53 01/02 10,00 101,53
February 91,53 1309 91,53 02/05 10,00 111,53
March 91,53 1358 101,53 03/04 10,00 111.53
28,25 139,78
April 91,53 1386 119,78 04/01 111,53
28,25 1429 119,78 04/29 20,00
May 91,53 1461 119,78 05/31 10,00 1,75
28,25 30,00
June 91,53 1487 119,78 06/24 1,75
28,25 30,00
July 91,53 1527 91,53 07/29 30,00
August 91,53 1559 91,53 08/30 30,00
September 91,53 10,00 131,53
October 91,53 1598 101,53 10102 121,53
1622 91,53 10/29 30,00
November 91,53 121,53
December 91,53 1660 91,53 12/02 121,53
Beginning Balance:
Total Charges:
Total Payments:
Ending Balance:
$91,53
1,261,36
1.231,36
$121,53
as of 12/31/96
Mont Iy Amount Check! Amount I Date -rLate--- --Salance
~'!.s, Due Numbel.J.B!,celv.ed J~,ep_~!.~e~.LC~.!I19!' _
Carnea Forward from 1994: 0,00
January ----
February
March
April
May
June
July
August
September
October
..... - '-,
Westwood Village
91,53
91,53
91,53
November
December
91,53
91,53
Beginning Balance:
Total Charges:
Total Payments:
Ending Balance:
222 Brian Drive
10,00
101,53
91,53
91,53
0,00
0,00
91,53
1106
1154
1189
1232
101,53
91,53
91,53
91,53
09/05
1 0/02
10/30
11/27
$0,00
467,65
376,12
$91,53
as of 12/31/95
VERIFICATION
I, Grace Lovell, verify that I am President of the Council of
Westwood Village Condominium, that as such officer, I am authorized
to make this verification on behalf of the Council, and that the
statements in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that
false statements herein are made subject to penalties of 18 Pa.
C.5. S 4904 relating to unsworn falsification to authorities.
)/..1.. p.-0 X...hre..Lv
Grace Lovell
Date: 01 / J..:L / ~,.
/ /
COUNCIL OF WESTWOOD VILLAGE
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
: NO. 98-61 CIVIL TERM
SUSAN J. PALMER
Defendant CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 26th day of January, 1998, I, Kent H. Patterson,
hereby certify that I this day served Defendant with the within
Complaint by depositing a copy of same in the United States mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to
Defendant as follows:
Susan J. Palmer
222 Brian Drive
Enola, PA 17025
/-- / /I?~
Kent H. Patterson
Attorney for Plaintiff
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
COUNCIL OF WIJS1WOOD VILLAGIJ
CONDOMINIUM
1'lnlntllT
IN 1'1111 COURT OF COMMON I'LHAS
CUMIIIJRLANI) COUNTY,
PENNSYLVANIA
v
SUSAN J, PALMER
Defimdant
CIVIL ACTION-LAW
No, 98-61 CIVIL TERM
DEFENDANTS ANSWER TOGETHER WITI/ NEW MATIER
AND NOW comes Defendant, Susan J, Palmer, and files this Answer, together with New Malter as
follows:
1. Admit in Part, Plaintiff should also include Mr, William Hicks' address, as he is the primary
source of all directions given and actions taken by the so-named Council of Westwood Village
Condominium,
2, Admit,
3, Admit.
4, Admit,
5, Admit.
6, Admit in Part, Plaintiff docs have the duty to maintain, repair, and replace the common
clements, and to make assessments and collections and payments as defined in the Declaration,
However, Plaintiff has abdicated their duty in the first part by:
I) Issuing contracts for maintenance and repair of the condominium units without a
bidding process, without ALLOWING input from any homcowners, and with a clear
conflict of interest in the case of both the landscaping and painting/siding contracts,
which were awarded to Mr, William Hicks' company(s) while he was acting as
PRESIDENT of the Council of Westwood Village,
2) Allowing, with FULL knowledge, grossly substandard work to be performed,
Examples include painting over rotten wood siding without first making any cffort to
inspect or replace damaged materials, watering down the paint being used, initially
refusing to repair or replace obviously rotten wood siding & trim until repeatedly
requested by the homcowner, neglecting to repair or replace railings, patio walls and
doors, and hardware,
3) Performing work in a prejudiced and political fushion, i,e, if a homeowner "supports"
Mr, Hicks, then the work needed to be performed on his/her condominium unit was
done with speed and quality, If a homeowner would not show their "support" for the
activities and wishes of Mr, Hicks and the Council, then requests for repairs, etc, went
unheeded by both the Council members and Property Management, Inc, The result
was an inconsistent and detrimental appearance to the Condominium units as a whole,
6, I, Further, Plaintiff has violated the eollL'Clion procedures by making assessments (eilher
regular or special) without allowing ANY inpul or objections by the homcowners, either
wrillen or in person during eouneilmectings, Council arbitrarily set the amounts to be
colleeled and allowed 110 discussion or questions to be put forth by the body of
homcowners as to where the money would be spent or IF IN FACT WE AS THE
HOMEOWNERS WANTED TO SPEND IT in the first place,
6,2 When repeatedly requested to do so, both Council and PMI have refused to present any
evidenec of contracts, either original or copies, entered into \vith Mr, Hicks' or any other
companies contracted for by Westwood Village Condominium, Yet they continue to have
fTcc hand in expending all funds collected without any accountability to the homcowners,g
6,3 Therefore, it is my opinion as Defendant, and the crux of the maller, that Plaintiff is in
violation, direct or indirect, of the Declaration, and potentially of Criminal Code Section
41,13 by continuing to abdicate their fiduciary responsibility to the homeowners, myself
included, and to act in a manner that is self-serving, biased, and potentially criminal, with
no regard for or interest in the welfare of Westwood Village Condominium as a whole,
7, Admit,
8, Admit,
9, Admit in Part, As stated in Answer Paragraph 6, Plaintiff did issue special assessments, but
without the input or agreement of the homeowners, within which group I am a part,
(0, Admit,
II. Admit,
12, Deny in Part, I, the Defendant, Susan J, Palmer, made payments directly to the Council of
Westwood Village, clo Property Management, Ine, up until August of 1997, at which time I
began to remand the remaining and future payments to an escrow account in the name of and
held by the law finn of Saidis, Guido, Shuff, and Masland, and managed by an agreed upon
homeowner, Patricia Vandrew,
12,1 Because there appeared to be no other relief from the dictatorial actions and policies of
the Council of Westwood Village, I joined with a group of homeowners in escrowing our
condominium fees (regular and special), Sec attached, Exhibit lA, the letter from the
attorney's office to PMI advising them of the action and reasons for this action, ,\1._ see,--.-j:)
~r J .t 'L IBt ..." h..41 . I.. ('....UU"II '!:In...l nt.~ 11 u~~., 4' .. and FGliI(JR8. ~
Therefore, Plaintiffs knew where the money was going, and that until the Courts ruled on the
suit by the homeowners, the money would CONTINUE to go there,
12,2 Again, attached is Exhibit 2A, a statement from Patricia Vandrew showing the balance
of money being held at the end of the year 1997 in the escrow account held by Saidis, Guido,
Shuff, and Masland, The amount indicated includes all of the regular and special fees for the
months of August through December of 1997 ($590,00), plus 2 back payments of $40,00 cach
for the special assessments due for June and July of 1997 ($80,00),
-2-
12,3 TIle total amount escrowed equals Sfl70,OO, Subtracted from the total alleged 10 be owed
on Exhibit A of the Complaint (Slfl37,72), this leaves S9fl7,72, Subtract the alleged
"Ielllll and tiling" fL'CS ofSKfl7,72 leaves SIOO,OO, whleb is Ihe balance of "laIc fees"
alleged to be owed, According 10 the leller submilled by the homeowner's allorneys, no
late fees may be assessed while this action is pending, 'nlereforc, I as the Defendant, am
not in a delinquent stale after all,
13, Deny In Part, Plaintiff is empowered to collect delinquenl assessments, However:
13,1 Based on the infonnation in Answer Paragraph 12,3, this unit owner is NOT
delinquent.
13,2 Plaintiff must abide by The Federal Debt Collection Praetiecs Act (15 U,S,C,A,
81692) and the Pennsvlvania Debt Collection Trade Praetiecs Rellulation (37 PA Code
8303), However, the following sections of the law(s) were violated by Plaintiff:
"Cannot use harassing tactics such as.. , publishing lists ofdebtors,"
303,3 While engaged in the collection of debts, it shall be an unfair or deceptive
act or proaetiec for a creditor or debt collector to engage in any of the
following acts or proaetices:", (19) "Publishing a list of debtors who
allegedly refuse to pay debts, except to a consumer reporting agency or as
otherwise pennitted by State or Federal law,"
They published my name in relation to their debt collection aetions on the
Council's public bulletin board at Westwood Village's mail kiosk, not once, but
twice, as part of their alleged "meeting minutes",
13,3 If the unit owner is not delinquent, then fees for interest, costs, filing fees, and
attorney fees arc not collectible from the Defendant.
14, Deny in Part, Plaintiff may incur legal fees in pursuit of this action, However, Plaintiffs need
not have incurred ANY expense if they had not pursued this frivolous and timewasting action,
15, Denied,
16, Denied,
WHEREFORE, Defendant urges this Court to dismiss this Complaint.
~cf~
Susan J, Palmer
Defendant
222 Brian Drive
Enoln, PA 17025
(717) 732-4708
- 3 -
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
Plaintiff
I IN TIlE COURT OF COMMON I'LEAS
CUMDERI.AND COUNTY,
"IlNNSYLVANIA
v
SUSAN J, PALMER
Defendant
CIVIL ACTION.LAW
No, 9K.6 I CIVIL TERM
CERTIFICATE OF SERVICE
AND NOW, this 14'" dny of February, 199K, I, Susan J, Palmer, hereby certifY that I this dny
served Plaintiff with the within Defendant's Answer Together with New Matter by depositing a copy of
same in the United Slates mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to Plaintiffs as
follows:
Grace Lovell, President
205 Louise Court
Enola, PA 17025
and
Property Management, Ine,
1300 Market Street
P,O, Box 622
Lcmoyne, PA 17043
,A~~
Su J, Palmer, Defendant
222 Brian Drive
EnoIa, P A 17025
(717):732-4708
,5~lbH- I A
JOIIII!!, SlIko
!lollell C, SlIlIlh
Ud..nrd I!, Ooldo
Oaorrroy S, Sill/II
Allle,'Il, Mnllnlld
Jolllllln J, Dolly
!llellnrd I', MIIIII,ky
Seolll>, MOllie
Onvhl J, ",ood
I,ll" ornee,
SAlim;, GUIIJO, SHUFF & MASLAND
^ l'ItUlI,~'I(JtI^l. CIIMI'(JIl^IIIIN
2(, We,' IIIRh St,eol . Po" Orneo 110. S6!)
el1l'lI,le,I'.III..)'11'II1I11I IWD
'I'.I."hollo, (71'1) 20\:1,6222. I'l1e,hollo, (717) 2H.MR6
.
\V.st Shol'o Ornel'
2109Ma,ke,Slreel
Cam" lUll, rA 17011
Tat."hona: (717) 737,3~0'
"..,Imlle: (717) 737,3407
Roply To Carllsll
I\ugust 27, 1997
Property r~anagernent, Inc,
P,O, Box 622
Lemoyne, PI\ 17043-0622
Attn: James Stephens
Re: ~Iestwood Village Condominium Assessments
Dear Mr, Stephens:
Please be advised that this office represents The Board of
Westwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village,
The purpose of this letter is to<lgy'iBe"'th~lt"'al.I'futi.irEi
~aBBesBri'erits from individual unit owners ~lill be held' iri'an--es"crow
1.~9C()urit':bymyoffii:::e, until the earlier ofEwooccurrence'st;.
"""''''''''1, A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
Village Condominiums, which an equity action is to be
heard December 5, 1997; or
.qc;',";2'; Until the Council agrees to call a Special
Me~ting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held,
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be the only fair and
reasonable \~ay to go, The' iT1dividualunit.: owners 'wlsh'tcVexpress
,.:thaE,'the"'f',ar'enot withholding their' assessments, ...alld, I can make
available the account information in the escrow account at any
time upon your request,
,- .
,,-
717-2~J-G~06 5nl015 GUIDO 51UFF
~71 P02-02 RUG 27 '97 15140
E '1\ hi b it I A(2 )
.
Property Management, Inc,
Jamell Stephana
Augullt 27, 1997
Page Two
I upecitically put you on notice that these Rsseaamentll are
being collected, and the money io being reso,rved, 11l,2<It.hat,r,no.,
1nl:.ol:'."t.,,, 01:","1 a te" c:hargllll'" are to' be: aDBe...d agai nBe;l:ri.~unl t
~!i~re;:and 110 liens may be placed I1gain,st.'~_h!l",horneownera!"._....,
property during'i"the-'per1od .that: the'''llsseallments are held in' ,
<<_.crow, >."" ,
Hopefully, this matter will be resolved in short order, It
i9 to everyone's benefit that thill matter be resolved quickly, at
which time the funds can also be released to the Property
Management Company,
If you have any questions regarding this, or need. any
additional information, please do not hesitate to contact mo, In
the event that you are represented by counsel df your own, please
have him or her contact me to discuss this as well,
Thank you for your cooperation and patience in this matter,
Very truly yours,
MASLAND
J
JJD/rlm
cc: Carol Novasat
Sherri Akens
Kent Patterson, Esquire
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WESTWOOD VILLAGE CONDOMINIUM
STATEMENT OF I~SCROW FUNDS - 11)97
t'
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t:
NUllIC:
Susan I)uhner
Addrcss:
222 Briull Drive Elwla, I) A 17025
Months ()lIid:
Augusl, Septcmber, October, Novcmber, December
Tolul Amount Paid: $590,00 (plus $80,00 lIdditional paYllIent)
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JWlUlU)' 3, 1998
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Dear Unit Owner:
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Enclosed is a stlltelllcnt of the Westwood Village assessment fees YOll have paid into
escrow for the yenr 1997, (fyoll feel there nre any discrcplllleies with your records please
do not hesitute to conlactme, All funds arc safely deposiled in Wl account held by the
IIlWlinll of Sllidis, Guido, Shu ff & MasllUul.
~,.,
A major victory has been won as far as our rights to escrow our assessments, Susan Palmer
defended herselfllgainst a civil suit filcd by Council and PMI for delinquent fees, Susan
went up llgninst William Hicks Wld WilIianll30pp . Council members, Mr. Robert Maxwell
. PMI, and Kent Pallerson - allorney (or Council. The District Justice ruled Ulat she was
well within her rights, Council collected nothing Wld was responsible for $800.00 in court
costs, (Another cXlUnplc oftheir misuse of our funds,)
We are hopeful that you will take Utis as a good sign that we are doing the right thing, The
only success we have had in gaining a response from Council is by cutting off their funds,
Please continue submilling your monthly fees to me and they will be deposited with our
attorney,
Please urge your neighbors and friends to join us in this legal protest against the
actions of Council.
The trial between the Concerned Homeowners and Council took place December 5, 1997,
Our attorney, Karl Ledebohm, did an excellent job of presenting the facts, We feel it went
well but the final decision rests with Judge Oler, As soon as his decision is forthcoming
you will be notified. Hopefully the Judge was able to see firsthand what we have been up
against for the past 18 months, Council's defense was that the unit owners have to abide
by the wording of the Code of Regulations - - - - but they don't.
A meeting is being planned to discuss our next steps, Watch the bulletin board at the end
of the Illail kiosk lor more infonnation,
Thank you for your support in our efforts to restore our rights in Westwood Village,
Sincerely,
f.~" !1ict!~cJ~f!~
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WHEREFORE,~De&.n4en~ requests judgement agalnst\'lain~~.tlln
the amount of $1637.72 together with filing fees, attorney fees,
coots, and interest.
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~ent H. patterson
7
Attorney for Plaintiff
221 pine street
Harrisburg, PA 17101
(717) 238-4100
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COUNCIL or WESTWOOD VILLAGE
CONDOMINIUM,
IN TilE COURT or COMMON PLEAS
Plainti ff
CUMBERLAND COUNTY, PA
v,
CIVIL ACTION -LAW
SUSAN J, PALMER,
NO, 98-61 CIVIL TERM
Defendant
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above-captioned action for specific perfonnanee as a lis pendens against the
following real property:
ALL THAT CERTAIN unit in the property known, named and identified in the
Declaration Creating and Establishing Westwood Village Condominium, dated
January 29, 1975, and recorded January 29, 1975, in Mise, Book 213, Page 283, as
amended on various dates, referred to as Westwood Village Condominium, located
in East Pennsboro Township, Cumberland County, Pennsylvania, being known as
L29-F3, Building 10, Block 5, known as 222 Brian Drive, in Westwood Village
Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania,
having been conveyed to Defendant by deed dated July 13, 1995, and recorded in
the Office of the Recorder of Deeds of Cumberland County in Deed Book 125, Page
197, together with a proportionate undivided interest in the common elements, as
defined by the Declaration of 0,85070%,
I hereby certify that this action affects title to or other interest in the above-described real
estate,
Dated: !f771, / f9J
SHUMAKER WILLIAMS, P,C,
By \}JJ! If /Y0~
David R, Breschi, I.D, #59001
P,O, Box 88
Harrisburg, PAl 71 08
(717) 763.1121
~
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CERTIFICATE OF SERVICE
I, David R, Bresehi, Esquire, ofthe law firm of Shumaker Williams, P,C" hereby certify that
I selVed a true and correct copy of the foregoing Praecipe for Lis Pendens on this date by placing a
copy of the same in the United States Mail, Postage Prepaid, addressed to:
Susan Palmer
222 Brian Drive
Enola, PA 17025
Dated:~7 t?lltfb
SHUMAKER WILLIAMS, P,C,
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By
David R. Bresehi, Esquire
P,O, Box 88
Harrisburg, PA 17108
(717)763-1121
Attorneys for Plaintiff
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COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs,
98-0061 CIVIL
SUSAN J, PALMER,
Defendant
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this
I" day of July, 1998, a briefnrgument on the within motion to
compel is set for Thursday, August 6,1998, at 2:30 p,m, in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, P A,
BY THE COURT,
David R, Breschi, Esquire
For the Plaintiff
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Susan Palmer
Pro Se
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(717) 263,212l-, FAY /7\7) 26),0663
105 NORm FP.ONTSnlEET . Sum 201 . HARRlSllURo,I'A 17101
(717) m,9420 FAX (717) 232-1970
COUNCIL OF WESTWOOD
VILLAGE CONDOMINIUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CO" PENNSYLVANIA
v.
: NO, 98-61 CIVIL TERM
SUSAN J, PALMER,
Defendant : CIVIL ACTION - LAW
ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of the Defendant in the above-captioned
action,
Respectfully submitted,
SALZMANN & DePAULIS, P,C,
By: ~\\ -
Ann F: DePaulis, Esquire
Attorney 1.0, No, 56106
105 North Front Street, Suite 20 I
Harrisburg, Pennsylvania 17101
(717) 232-9420
(717) 232-1970 (Fax)
1580 Gabler Road
Chambersburg, Pennsylvania 1720 I
(717) 263-2121
(717) 263-0663 (Fax)
Attorney for Defendant
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plainti ff
CUMBERLAND COUNTY, PA
v,
CIVIL ACTION -LAW
SUSAN J, PALMER,
NO, 98-61 CIVIL TERM
Defendant
,JOINT PRAECIPE TO ENTER ,JUDGMENT
To the Prothonotary:
,
Please enter judgment against the Defendant in the above-captioned matter in the amount of
r
,
$4,476,84, as per the Summary Judgment Order and Settlement Agreement attached hereto,
,
SALZMANN, DEPAULIS,
FISHMAN & MORGENTHAL, P,C,
B~,~.'l~\--CS
455 Phoenix Drive, Suite A
Chambersburg, PAl 720 I
(717) 263-212 I
SHUMAKER WILLIAMS, P,C,
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ld R, Breschi, I.D, #59001
P,O, Box 88
Harrisburg, PA 17108
(717) 909-1646
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Attorneys for Plaintiff
Attorneys for Defendant
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
: CIVIL ACTION -LAW
SUSAN J, PALMER,
: NO, 98-61 CIVIL TERM
Defendant
,
STIPULATION ANI> SETTLEMENT AGREEMENT
AND NOW, on this /7 ~ay of ()C~ , 200l,the above named parties, Council of
?
Westwood Village Condominium ("Westwood") and Susan J, Palmer ("Palmer"), by and through
their undersigned counsel, do hereby agree to resolve the above-captioned litigation pursuant to the
following terms of this Stipulation and Settlement Agreement ("Settlement Agreement"):
1. Palmer shall make payment to Shumaker Williams on behalf of Westwood in the
','.
amount of Four Thousand, Four Hundred and Seventy-Six Dollars and Eighty-Four Cents
':.
($4,476,84), Said payment shall be paid by Palmer in44 equal monthly installments of One Hundred
Dollars ($100), beginning November 1,200 I, and continuing each month thereafter, on the first day
)
of each month, until July 1,2005, Said amount shall be paid in full on or before July 1,2005,
2, Said payments shall be made payable to Shumaker Williams, PC and sent to
.}
Shumaker Williams PC , 1',0, Box 88 Harrisburg, I' A 17108, Said payments shall be received by
Shumaker Williams on or before the first day of each month, If the first day of each month shall fall
on a non-business day, payment shall be received by Shumaker Williams on or before the first
business day of each month,
3, Ccntemporuneously with the execution of this Settlement Agreement, Palmer and
Westwood shall also execute a Joint Praecipe to Enter Judgment in favor of Westwood for
.'
. .
$4.476,84, Wcstwood shull only bc pcrmillcd to cnforcc its rights undcr this $4.476,84 Judgmcnt
as providcd for undcr paragraph 5 of this SClllcmcnt Agrccmcnt.
4, Palmcr is not cntitlcd to any gracc pcriod for latc paymcnts nor any noticc of dcfault
from Wcstwood or Shumakcr Williams,
5, If Palmcr fails to makc any paymcnt as outlincd hcrcin, or if a paymcnt (s) is madc
through thc issuancc ofa chcck and thc chcck(s) is rcjcctcd, or ifPalmcr is forccd into voluntary
bankruptcy by hcrcrcditors or voluntarily declarcs bankruptcy, Wcstwood shall bc entitlcd to enforce
its rights under the $4.476,84 Judgment less any payments already made by Palmcr, without having
to declare a breach of this Settlement Agreemcnt.
6, Upon fulfillment of the terms of this Settlement Agrcement, Wcstwood agrees to
provide Palmer with a Praecipe to mark the judgment satisfied,
WHEREFORE, the undersigned counsel have agrced to affix thcir signaturcs as evidence of
their clients' agreement.
SHUMAKER WILLIAMS, P,C,
BY~~~I~#
1',0, Box 88
Harrisburg, I' A 17108
(717) 763-1 121
SALZMANN, DEPAULIS,
FISHMAN & MORGENTHAL, P,C,
~'~~
By '::l~c....Jt--: \-i... ...~
Melissa ,Divcly, I.D, #36870
455 Phoenix Drive, Suite A
Chambcrsburg, P A 1720 I
(717) 263-2121
Attorneys for Plaintiff
Allorncys for Dcfcndant
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN '('I-IE COURT OF COMMON PLEAS
PlllintilT
CUMBERLAND COUNTY, PA
v,
CIVIL ACTION -LAW
SUSAN j, PALMER,
Defendllnt
NO, 98-61 CIVIL TERM
NOTICE
TO: Suslln j, Palmer, Defendant and Melissa K. Dively, Allomey for Defendllnt
You are hereby notified that on ~ 2001,the followingjudgment has been entered
against you in the above-referenced case,
Thejudgment is in the amount of$
.L{J.{7t..PJ( , plus costs and fees in the above-captioned
(L-:i;; 2 k ~
Prothonotary
case,
Date:
/ojJ.Jlo f
I hereby certify that the following is the last known address of the proper person to receive
this notice:
Susan j, Palmer
c/o Melissa Dively, Esquire
SALZMANN, DePAULlS,
FISHMAN & MORGENTHAL, P,C,
455 Phoenix Drive
Suite A
Chambersburg, PA 17201
SHUMAKER WILLIAMS, P,C,
Dated:
By
David R, Breschi, 1.0, #59001
1',0, Box 88
Harrisburg,PA 17108
(717) 763-] 121
, ,
A: Susan J, (JlIllner, Defendllnt lInd Melissll K, Dively, Attorney for ()efendllnt
Usted est a siendo notilicado que eI
pOI' confesion en la suma de $
, 200 I, se anoto en contra suyn un litllo
en el caso mencionado en el epigrnfe,
FECHA:
Protonotano
Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de
residencia:
Susan J, Palmer
c/o Melissa Dively, Esquire
SALZMANN, DePAULlS,
FISHMAN & MORGENTHAL, P,C,
455 Phoenix Dri ve
Suite A
Chambersburg,PA 17201
SHUMAKER WILLIAMS, P,C,
Dated:
By
: 135599
David R, Breschi, I.D, #5900 I
1',0, Box gg
Harrisburg,PA 1710g
(717)763-1121
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v,
CIVIL ACTION -LAW
SUSAN J, PALMER,
NO, 98-61 CIVIL TERM
Defendant
ORDER
AND NOW, this _ day of June, 1998, upon consideration of Plaintiffs Motion to
Compel, a Rule is issued upon the Defendant to show cause why the following Sanctions should not
be entered by this Court:
(a) Defendant shall answer Plaintiff's Interrogatories within ten (10) days ofthe
instant Order;
(b) Defendant shall appear for a deposition at the officers of Shumaker Williams,
P,C, at 3:30 p,m, on July 14, 1998; and
(c) Defendant shall pay Plaintiff the sum of Five Hundred Fifty Dollars
($550,00) for court reporter costs and attorneys' fees incurred by the Plaintiff for attending
the deposition and preparation of the instant Motion and Rule,
Rule returnable _ day from service,
BY THE COURT:
J,
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v,
CIVIL ACTION -LAW
SUSAN J, PALMER,
NO, 98-61 CIVIL TERM
Defendant
MOTION TO COMPEL WITH SANCTIONS
AND NOW COMES the Plaintiff, Council of Westwood Village Condominium, by and
through its counsel, Shumaker Williams, P,C" who respectfully moves this Court to compel the
Defendant to respond to Plaintiffs' First Set of Interrogatories addressed to the Defendant and to
appear for a deposition and in support thereof avers as follows:
1, The instant action was commenced on or about January 26, 1998,
2, The Plaintiffs First Set oflnterrogatories Directed to Defendant was served on the
Defendant on or about May I, 1998, A copy ofthese Interrogatories is allached hereto as Exhibit
1.
3, The Defendant was to respond to Plaintiff's First Set oflnterrogatories on or about
June I, 1998, which responses have not been provided,
4, The Defendant has indicated that she does not intend to respond to the said
Interrogatories,
5, The Defendant was served with a Notice of Deposition on May I, 1998 to appear for
a deposition scheduled for June 12, 1998, A copy ofthis Notice is allached hereto as Exhibit 2,
6, The Defendant did not appear for her June 12, 1998 deposition and the Plaintiff was
billed $50 by the court reporter for appearing at the deposition,
"
CERTIFICATE OF SERVICE
I, David R, Bresehi, Esquire, of the law linn of Shumaker Williams, P,C" hereby certify that
1 served a true and correct copy of the foregoing Motion to Compel on lhis dale by depositing a copy
ofthe same in the United Stales Mail, Postage Prepaid, addressed as follows:
Susan Palmer
222 Brian Drive
Enola, PA 17025
~
Dated: ~ IN--t? ! ~ /l;tg
By
M/~@
David R, Breschi, Esquire
P,O, Box 88
Harrisburg, P A 17108
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