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Home My WebLink About98-02370 \.. " '" . ... ~ ~ . ) ~ \l b-.. '" - - .... ':> ,~ 'I '- \ '\ \ , \ 4- () ~- a _ ~ ~. -b- j 1<:.3 ;. '.' { l~ ,...... . .'::1 ....., "-.JI 0/ t'.1 N1/ ~I , , u..i (}..I .j ~I I COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Dcfcndnnt CIVIL ACTION - LAW NO, CJ ;i~ J 3 'Hi (~;;J t;~, ARBITRATION v, LEE D, KAISER, COMPJAlm AND NOW COMES thc PllIintiff, Council of Wcstwood Villnge Condominium, by and throngh its nttomeys, Shutnnker Willillms, p,c., who liIe this Complaint and in support thereof aver as follows: I, Plaintiffis Council ofWcstwood Village Condominium (hereinafter "Coundl"), with a principal address at c/o Property Management, Inc" 1300 Market Street, P,O, Box 622, Lemoyne, Pcnnsylvania 17043, 2, Defendant is Lee D, Kaiser (hereinafter "Kaiser"), an adult individual, who resides at 844 Brinn Drive, Suitc 113, Enola, East Pcnnsboro Township, Cumberland County, Pennsylvania 17025, 3, Westwood Villagc Condominiulll is a condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, that was created and established on January 29,1975, pursuant to the Unit Property Act of Pennsylvania; the Declaration Creating nnd Establishing Westwood Villagc Condominium (hereinafter "Dcclaration"), nnd recorded in the Office of th" Recorder of Deeds of Cumberland County in Miscellaneous Book 213, Page 283, and thereafter as amended; the Code of Regulations of Westwood Village Condominiul11 (hcrcllluflcr "( 'u<lo of Regulations"), which is recorded in Miscellaneous Book 213, Page 328 and thorollnor UN 1'll11011l10d; and the Declaration Plan of Westwood Village Condominium dated January 21), II)H, II/ulrccordlld in Plan Book 26, Page 13 and thereafler as amended, 4, Plaintiff is the body which l11anages the business, opel'lltions, IIt'1hlrs und '1/'OlIorly nf Westwood Village Condominium pursuant to the Unit Property Act nl' /'cllnsylvllfllu, the Declaration, and Code of Regulations, 5. Defendant is the owner 01'844 Brian Drive, Unit No, 113, Building 7, Block 5, known as 844 Brian Drive, Suite 113, in Westwood Village Condominiulll, having ~cllllircd tillo hy <lclill dated JanualY 6,1986, and recorded in the Office ol'thc Recordcr of Deeds ol'<'nlnhcl'lll/ul ('ollnly in Deed Book 31-R, Page 2783, together with a proportionate undividod intcrest in the eOl11nlOn elements, as defined by the Declaration of 0,606%, 6, Plaintiff has the duty under Section 12 oflhe Declul'lItionund under Article VII 01' the Code of Regulations to muintuin, repair and replace the common elelllontN IIN <lofilwd in tho Declaration and to make and collect assessments from the unit owners Illl' tho lIuYlllcnl 01' COlllmon expenses as defined in the Declaration, 7, Section 16A and B of the Declaration und Sections 702 and 7/1:1 of tho A(:t l1/'Ovi<lo that assessments against any unit owner arc chargeablc to Ihat nnit owner un<l shull (,onstitute the personal liability of the unit owner. These sections ulso ,~tlllc Ihat Iho IIssessnlOnls nMy ho on/breod by suit by Council acting on behalfoflhe unit owners und shalllw listed hy the "l'Olhonolury as II lis pendens, 2 8, For the years 1997 and 1998, pursuant to Article VII, Section I B of the Code of Regulations, Plaintiff assessed the Defendant an annual general assessment in the amount of$72 per month consistcnt with the Defendant's respective undivided common interest in the common elements as set forth in the Declaration, 9, During the years of 1997 and 1998, P]aintiffissued special assessments in the amollnt of $37 per month to the Defendant for increased operating maintenance and/or additional capital expenses pursuant to Article VII, Section 1C of the Code of Regulations, 10, Thc general and special monthly assessments levied by Plaintiff against the condominium unit owned by Defendant at 844 Brian Drive, Unit 113, went unpaid trom September, 1997 through April, 1998, A copy of a statement of account for the period of October, ] 997 through April 22, 1998, is attached hereto and marked as Exhibit "A." 11, The Defendant has failed to make the payments as shown on Exhibit "A", leaving a balance due and owing as of April 22, 1998 of $886,91, ]2, Pursuant to Article VII, Section 1.1. of the Code of Regulations, Plaintiff is empowered to collect delinquent assessments against unit owners together with interest, costs, filing fees and attorney fees, 13, Plaintiff has or will incur attorney fees in conneetion with this action for which Defendant is liable, 14, 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, 15, All conditions precedent to Defendant's liability have been satisfied, 3 Lee D. Kaiser Date Char,. Amount Total Seplemher, 1997 MOllthl}' Assl'ssmelll 72.00 72.00 - Septemher, 1997 S"t'l'ii\1 ^sSl'~Snwllt 17.00 109.00 Octoher, 1997 InH'rt'~t 55 109.55 Octoher, 1997 MOllthl}' Assessmellt 12.00 lH1.55 - OCloher, 1997 Special Assessmelll .17,00 m.55 Novemher, 1997 Interest 1.09 219.64 - .- Novemher, 1997 Monthl}' Assessment noo 291.64 Novemher, 1997 Special Asse"ment 37,00 m.64 Decemher, 1997 Interest 1.64 1]0.28 December, 1997 Monthl}' Assessment noo 402.2H f--- December, 1997 Special Assessment 37.00 439.2H January, 199H Interest 2,20 441.48 January, 1998 Monthl}' Assessment 72,00 513.48 -- January, 1998 Special Assessment 37.00 550.48 February, 1998 Interest 2.75 553.23 Febr'Jary, 1998 Monthly Assessmelll 72.00 625.23 February, 1998 Special Assessment 37.00 662.23 March, 1998 Interest 3.31 665.54 March, 1998 Monthly Assessment 72.00 737.54 March, 1998 Special Assessment 37.00 774.54 April, 1998 Interest 3.87 778.41 April, 1998 Monthly Assessment 71.00 850.41 April, 1998 Special Assmment 37.00 887.41 April, 1998 Legal Fees/Expeoses 108.50 995.91 April 22, 1998 Payment Received < 109.00 > 886.91 - - Total Amount DlIe $886.91 , ( I 'I , " '" """,0 iI ^ ,.CS0~ o :r V) ~ ~'-J ~ ~ ~ o "-J. -.. (\) Qf ~ <:::\'':::.\ <:::' p .0 0 1::1) "h ~'.::': ;t>>o -I ""lJi',__! '.,., r rn~; i :-H irt~.n ;.":::--'.1 ,- N '(JIB ;":1.,' ~-; J ( (.:, .' , l:U , I J; r:; f.-' > \(,. ~:H .,' : 1 ,\: I '-.T ' ) '" );:") ..' ;: j ',' rn ):. S? u ~ ,.1 "0 ,,' -- ~ , p -_OJ (01" c? ~ ... - . '... COUNCIL OF WESTWOOD VILLAGE CONDOMINiUM. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA PlaIntIff CIVIL ACTION -LAW 'I. NO. 98-2370 ARBl'TRA TION LEE D. KAISER. Defendant fJtAF,CIPE FOR US PENDENS. p \,.., 1m!'" tho ,,,,,""COp""'''' "",," Co< ""' fl, I",loon- " · Ii' ,ond"'''''''''' lho TO THE PROTHONOTARY: 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 Misc. Book 2 \3. Page 283. as amended on various dates, r<JeTTed to as Westwood Village Condominium, located In East pennsboro Township. Cumberland County. Pennsylvania. being known as Unit No. 113, Building 7, Block 5. known as 844 Brian Drive, in Westwood village Condominlt\ln. Enola, East pennsboro Township. Cumberland County. Pennsylvania. having been conveyed to Defendant by deed dated January 6. 1986. and recorded in the Office ofthe Recorder of Deeds of Cumberland County in Deed Book 3 I -R. Page 2783. together wIth a proportionate undivided interest in the common elements. as defined by the Declaration of 0.606%. following real property: 1 h~.hy "" ify 11..1 'hi, "I Ion . IT,," Ii ", \0 " olh" lot~,,1 loth< """,",,,,.h'" ",I estate. SHUMAKER WILLIAMS, P .C. Dated: 1,i1Jr" i I IN!} By ~ _If /;ud~ David R. Breschl. 1.D. #59001 P.O. Box 88 Harrisburg, P A 17 I 08 (717) 763-1121 S4982 "'-<'" (-.1 , "II . I (p f; ::u f ~ p , f;l:. f I),) 8 c<> ':1 -:, 15- ) en ...0 '_u (11 f .,.' ~RT1FlCA:I'''~ OF SERVICE I, 0"" R" 8,.~hl, ,,,,,.IN, "lib< low ',m "ISh."""" Will""", P ,C.. b<Nh, "oil, Ih" 1 ",,,d , ,,," ,," ,,,,"ot ,,," "I II" .."."Iog p,,,,\,., \0 DI,,~"I"'" " ,hO d.IO '" ,,,,I., . cop, 01 Ih' ...... I. Ih' U .It'" S.'" M,II, 1'~"" ",,,.Id, ...,,,,", 10 Lee D. KaIser 844 BrIan DrIve Enola, PA 17025 Dated: 9/24/98 SHUMAKER WILLIAMS. P.C. 8,m (! /oUigc DavId R. Breschl. EsquIre P.O. BoX 88 HarrIsburg, PA 17\08 (717) 763-\ \2\ Attorneys for PlaIntiff "\ \'" , ., ....... ''-J ~ o ~.: "'tHfi l~Utii ~'~~ {- ~ : <", '. (, , ~, E.:'~(j ;:;~F: 11._._. '. !;"~ ,- :'1 '"" U? 1:0 U) In ''0 ",j (J/ C) -,;q ..I "j :'lJ I if-" (Ill )tLJ I" 1.,8 1'"';('5 (jrn -,1 "". :[J -<:; "1;1 --...,. 0-,'''' ':? :Jl c..>