HomeMy WebLinkAbout98-02375
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COUNCIL OF WESTWOOD VII.I.AGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION -LA W
BARBARA STODDART MORGAN,
Defendant
NO, 98-2375
ARBITRA TION
fRAECIPE FOR US PENDF,NS
TO THE PROTHONOTARY:
Please index the above-captioned action for specific performance as a lis pendens against the
following real property:
ALL THAT CERTAIN unit in the property known, named and identified in the
Dec]aration 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
234 Brian Drive, Building 10, Block 5, in Westwood Village Condominium, Enola,
East Pennsboro Township, Cumberland County, Pennsylvania, having been
conveyed to Defendant by deed dated November 2], 1996, and recorded in the
Office of the Recorder of Deeds of Cumberland County in Deed Book 149, Page 421,
together with a proportionate undivided interest in the common elements, as defined
by the Declaration of 0,534%.
I hereby certify that this action affects title to or other interest in the above-described real
estate.
Dated:~ i'~ /Itl
SHUMAKER WILLIAMS, P,C.
By ((Jv; /4/hi/cy{
David R. Breschi, 1.0. #5900]
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
84993
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al/, I oS/agC Prcpaid dd
,a ressed /0:
Barbara Stoddart .,
21, <Ymrgan
. 4 BrIan DriVe
/]nola, P A 17025
DoIoJ,~ 11/ //)',?
SHUMAKER WILLIAMS, P.e,
By /1
D ' (e?--1!" <::
P oaVld R. Breschi, EsqUire
. ,Box 88
Harrisburg, PA 17108
(717) 763-1121
Al/o/71eys for Plain/i ff
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plnlntiff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION" LAW
NO. rs' =)3 '75' /ad
ARBITRATION
BARBARA STODDART MORGAN,
Defendnnt
!'l OTIC E
TO: Barbara Stoddart Morgan, Defendant:
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 server!, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you, You are warned that
if you fall to do so the case may proceed without you and a judgment may be ente red against you
by the Court without further notice for any money claimed in the Complaint or for any other clal m
or relief requested by the Plnintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND CQUm'Y BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166
~OTICIA
USTED HA SIDO DEMANDADO/A EN CORTE, SI usted desl,1a defenderse de las
demandas que se present an mas adelante en las siguientes paginas, debe tomar ncclon dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda Y Aviso radicando
personalmente 0 pOI' medio d(~ un abogado \Inn comparecencia escrita y rad\cando en la Corte pOI'
escrito sus de fens as de, y objeccioncs a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
amended; the Code of Reguhltions of Westwood Village Condominium (horoinul\er "Code of
Regulatiomi"), which is recorded in Miscellaneous Book 213, Page 328 and thereal\er as amended;
and the Declanltion Plan of Westwood Village Condominium dnted Jnnuary 29, 1975, und recorded
in Plan Book 26, Page 13 and thereafter as amended.
4. Phtintiff is the body which nUU1ages the business, opemtions, affairs and property of
Westwood Village Condominium pursuant to the Unit Property Act of Pennsylvania. the
Deelaflltion, und Code of Regulations.
5, Defendant is the owner of 234 Brian Drive, Building 10, Block 5, known us 2~4 Brian
Drive, in Westwood Village Condominium, huving acquired title by deed duted November 2 I, 1996,
and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 149, Page
421, together with a proportionate undivided interest in the common clements, us defined by the
Declaration of 0.534%.
6. Plaintiff has the duty under Section 12 oflhe Declaration and under Article VII of
the Code of Regulations to maintain, repair and replace the common elements as defined in the
Declaration and to make and collect assessments from the unit owners for the payment of common
expenses as defined in the Declaration.
7. Section 16A and B of the Declaration and Sections 702 and 703 of the Act provide
that ussessments against any unit owner are cluII'geable to that unit owner and shall constitute the
personal liability of the unit owner. These sections also state that the assessments may be enforced
by suit by Council acting on behalf of the unit owners and shall be listed by the Prothonotary liS a
lis pendens.
2
8, For the years 1997 and 1998, purslllmt to Article VIl, Section 1 B of the Code of
Regullltlons, Plalntiffassessed the Defendunt anunnual generulllssessment in the amount of$64 per
month consistent with thc Defendant's respeclivc undivided common inlcrcsl in thc common
elements as set forth in the Declaration.
9. During the years of 1997 ami 1998, Plaintiff issued special assessments in the amounl
of $33 per month to the Dcfendant for increased opcrating maintcnance and/or additional capital
expenses pursuant to Artielc VIl, Section Ie of the Code of Rcgulations,
10. Thc general and special monthly assessmcnts levied by Plaintiff against the
condominium unit owncd by Defendant at 234 Brian Drive, went unpaid from November, 1997
through April, 1998. A copy of a statcment of account for the period of November, 1997 through
April 15, 1998, is attached hereto and marked as Exhibit "A."
12. The Defendant had failed to make the payments as shown on Exhibit "A", leaving
a balance due and owing as of April 15, 1998 of $564.22.
13. Pursuant to Article VlI, 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,
14, Plainti ff has or will incur attorney fees in connection with this action for which
Defendant is liable.
15. Interest has accrued on thc amount owing by Dcfcndantlo Plaintiff at the legal rate
of six percent (6%) per annllm and will continue to accl'llc.
16, All conditions preccdent to Defendant's liability have bcen satisfied.
3
- .'. j
Barbara Stoddart 'Morgan
Date Char,e Amount Total
-
November, 1997 Monthly Assessment 64.00 64,00
November, 1997 Special Assessment 33.00 97.00
December, 1997 Interest .49 97.49
December, 1997 Monthly Assessment 64.00 161.49
--
December, 1997 Special Assessment 33.00 194.49
January, 1998 Interest ,97 195.46
January, 1998 Filing/Legal 59.50 254.96
January, 1998 Monthly Assessment 64.00 318,96
January, 1998 Special Assessment 33.00 351.96
-
February, 1998 Interest 1.76 353.72
February, 1998 Monthly Asses~ment 64.00 417.72
February, 1998 Special Assessment 33,00 450.72
March, 1998 Interest 2.25 452.97
March, 1998 Monthly Assessment 64.00 516.97
March, 1998 Special Assessment 33.00 549,97
April, 1998 Interest 2.75 552.72
-
April, 1998 Monthly Assessment 64.00 616.72
April, 1998 Special Assessment 33.00 649.72
April, 1998 Legal Fees/Expenses 108.50 758.22
April!.), 1998 Payment Received < 194.00> 564.22
-
Total Amount Due $564.22
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SHERIFF'S RETURN. REGULAR
CASE NO: 199B-02375 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KE~i 'r WQP D .J'...U, L A GE_r,;.P N D.lliUHI u l'L...,
VS.
MOIlGAN BAIlIJAIlA 'l'iBl.PD,/.I11L_____
WESLF;Y C.OOK , E;heriff or Deputy Shtniff of
CUMBERLAND Count>', F'Plinsrlvnnia, who being duly sworn according
to law, says, the within C:UMPtAH{J.t__PLTFF~..E111~,~___ "'filS fJerYE'd
upon .J:LOrWAN ,!)1\RfJAf0 STODDf!RT _..__, ___ the
dE'fendant, at _____~;;,\2.11~o, IIULJRS, on Ll18 ;;;9t.h d'lY elf /1Q1-:Ll
192ft at. _?.2.:L.tUUML [)r?1.Y~_____ ____
ENOLA. PA 170,25 .-.-.-----____ ______, CUMBERLA.t!!L-__"
County, Pennsylvania, by handing t.o BARBlIJlA STODDAIlT MOHGAl-I
a t.ruE' and att,e8ted copy of the COMPLAINT, PLTf'F'S f'IHST ,SET __,
together with eif" INTEHIlOGATOHIES.DIR,ECTED TO DEFT.. NOTICE OF' __~_'
,-'
DEPOSIT I ON
and at the same time di,recting Her at.tE'nt.inn to i hre C:OntE'nts thereof.
H~._______"~.....
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.,.
SC,1 answers;
~~:-~ y~..
Tf:-i'hci~~ 1\rrn~l, ~r~r
$3~. 00 ~:HUMAIiEf\ WI~LIAN0 ,7
05/D/lg98 ~/~7
by '//-", ~
......-.....--;; - ,.
-~ "-- r!yu ..' J~'[ J, ----
Sworn and subscribed to before me
(;1." ......
this /3 -' da}' Df '!~{..~__.
)9_.__9JY~ A. [I,
() Q n'L f}tJ ,0":7-
-'--~:'-I"~oTnt)~~"5fJy "Tl \ -....--_._
Sher'iff" s Costs:
Docketing
Servioe
Affidavit
Surcharge
18,00
10.00
.00
6.00
,
ANSWER TO CIVIL ACTION NO. 98-~(ARBITRATlON)
PLAINTIFF: COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM
DEFENDANT: --t?~MtA ,-~JtdcI4e7-, J1{lR(,/J/I/
I. Admitted.
2. Admitted.
J. To the best of my knowledge, Admitted.
4. Admitted.
5. To the best of my knowledge, Admitted.
6. Admitted.
7. Admitted.
8. Admitted In part; Denied in part..
The 1963 Unit Property Act requires all sums assessed by resolutions duly
adopted by the Council. The sums assessed by thIs Council were not assessed
by resolutions duly adopted by the Council and therefore may represent illegal
and invalid assessments.
9. Admitted in part; Denied in part. Same as 8. Above.
10. Denied. As my bank statements willlctlect, all monthly fees were paid and in a
timely manner.
11. NO. II DOES NOT EXIST.
12. See #10 above
13. Admitted, but my assessments were paid as scheduled.
14. Denied; Defendant is not liable for any attorney fees because Defendant's fees
were not delinquent but were paid in good faith to an escrow fund ofwhich
Council and its Attorney were notified by counsel. They acknowledged this fact
as well as the fact that the funds would be transferred out of escrow and returned
to Council upon Council's compliance with Judge Oler's Decree. HOWEVER,
WHEN THE FEES WERE Sl1BSEQUENTL Y RETURNED TO COUNCIL IN
ACCORDANCE WITH THE PROVISIONS OF THE ESCROW, COUNCIL
REFUSED TO ACCEPT THE MONEY
Additionally, part of the alleged legal fees Council is altempting to collect
Include the costs ($59.50) to file a Complaint with D.J. Manlove which resulted in
a judgment againsllhe Plaintiff (Council) due to ils failure to appear for hearing.
Furthermore, Council has relhscd to identify the Icgllllces and my legal fees
differ from all the other unitowners' legal fces.
IS. Denied. Same as #14 above.
/6. Denied. My rights as a unitowl1er as guaranteed by the 1963 Unit Property Act
have been violated. Section 305, Non-compliance with Code o/Regulation.v,
Administrative Provisions, Covenants. etc. - Failure to comply with the Code of
Regulatlom and with .fllch rules i{overnlnl1 the details". shall be groundvfor an
action for the recovery of damage,v or for if/junetlve relie/: or both, maintainable
by any member of the council on hehallqlthe council or the unit owners or, In a
proper ca.ve. by an "ggr/eI1I!d unit owner.....
As an aggrieved unit olVner who was denied my right to New Business a'
Council's 1997 Annual Election Meeting, for which Judge Oler ordered
Council to hold a Special Meeting to conduct New Business for the unit owners,
1 escrowed my lees until resolution of Council's Non-compliance with the
governing documents was remedied. Therefore, lam entitled to recovery of
damages-- NOT penalties.
WHEREFORE, Defendant requests judgment against Plaintiff as individuals,
not as Council, in the amount equal to all the illegal fees asscs..ed to all unit
owners who escrowed their fees In order to force compliance of the 1963 Unit
Property Act, and reimbursement of all legal fees incuned in obtaining .Judge
Oler's Decree to ensure compliance with the Code of Regulations.
This was willful misconduct and gross negligence 011 the part of the Individual
members of this Council for which they should he penalized - not out of the
aggrieved homeowners' money - but their own.
They are spending our money to sue us.
See Code of Regulations . Section W. Subsection 3. Indernnitieation of Council
Members: .. . shall be indemnified by the unit owners against all liabilities and
expenscs, including attorneys' fees, reasonably incurred by or imposed upon him In
connection with any proceeding in which he nmy become Involved by reason of his
being or having been a member and/or ollicer 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
John l:. Silk,
Roberl C. Sa/d/I
tdw<lrd G, Ollldo
Ocn((rcy S, ~h\l((
Alben II. Mas/and
Johrlnn), Deily
Richard p, M/.lill'1
SCali D, Moore
DOI'id /, Fr~,d
LII\\' Offices
SAIDIS, GUlDO, SHUFF & MASLAND
1\ f'P'O"[.'i~IO;'I,\t. CORI'OflATIO."
26 Wesl iliEh Slroel . 1'051 Orne, 110,' 560
Curllsl., "'rIls)'I"""i" ''101 J
Telepllone: ('II"/) 2.1).6222. F.",ifllll.: (7/'1) ,olJ.(,4R6
.
~~.:'.L~~~ornc!
210Q Markel StfCt;!
C,",!, Hili, "A 1701
Tol,phone: (J 17/ J)7.:
F,eli",lle: (7/ 7) 7JJ.)
R~pl)' To Curll,',
--.....-----.---
I\llgl'st 27, 1997
Property r'lanagement, rnc.
P.O. Bo;.; 622
Lemoyne, PA 17043-0622
Attn: James Stephens
Re: ','Iest\~ood Village Condominium Assessments
Dear Mr. Stephens:
Please be advised that this office reoresents The Board of
1'lest,IQod Village, as "'ell as some incli'liduitl unit: OImers, who
were involved in two suits ag~inst the Council of Westwood
Villago,
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 t'.he earlier of t'.\'.'o occurrences:
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
'v'ill"g", Condominiums, "'hich an equity action is to be
heard December 5, 1997; or
2. Until the Council agrees to call a Special
Meeting of Homeown~rs 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,
o
Because of the underlying problems in the Condominium
itsal f, and a quest ion as to hOl'1 the assessments are being used,
the escrow and Bscrow account seem to be the only fair and
reasonable way to go. The individual unit owners wish to express
t:hat they are not "Jit'.hholdin9 their assessments, and r can make
available t'.he account'. information in the escrow aCCOunt at any
tirne upon ~'Ollr reqllest.
.........
I
SfillmoJler W-ala!l1~~.!~!~.
-~-'-~-~lT()-fiN(';'s A' lAW
-----~.__._-'--_._--_.-_.__.--._-~------
KI!IIH ~ VLARtl; PAtA A AOAAlS LAURENCE W CHlOE NICHOlAS 8YltEl. JA
~fHONY J msclt DAvID II llm1SCtil' IlUTH It t'OURfHF.Y CAlIOt,YN 0 'NOH
Mnty W MOAAISON
ANOElA I OUMM
J SnVIlN LOJE,ICJrt"
KIW8l!fllY J KLlNO
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CWfIlL " KLiIHWAH"
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"_(10"*''''010..''_''1 IMII
AI'L'r"O POl(M
UAflAlUUftO, 'ENNS'flVNM !mlt
'IIUIlHONI 1m) """1
March 31, 1998
READING. NHHf1VL*HIA
TMLlP'HOHII' ..101 tat-MOI
UUCOPIUI Pl1lfIJ '4"
fj.MAA, ewPC"'P'1I n'l
""rl 001.1.1:01. fI'IHHlYlWIA
Yl'ILl,HOHfI, "14) h4-Mll
J()tflJ SHl.IWAf(fA
IRETIRllD)
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T.LI~: (4to1 U6W.1
Karl M. Lcdebohm, Esquire
SAlOIS, SHUFF & MASLAND
.! 109 Markcl ~Ireel
P.O. Box 737
Camp Hill, PA 17011
VIA TELECOPIER
Re: Our File No. 321.98
DcaI' Mr. Ludubohm:
;
We havc been informed that the special meeting, mOlion and vote called for by Judge
Oler's Order has becn held. We have been informed thai the Illotion 10 remove Mr. Hicks as
V ice President has failed.
An August 27, 1997 correspondence from Ms. Deily from your office provided that all
escrowed assessments held by your office were to be released by your office if one of the
following two events occurred:
1. A Court Order resolving the lawsuit between Ihe individual unit owners and the
Council of Westwood Village Condominiums, which an equity action is to be
heard December 5, 1997; or
2. UllIillhc Council agrees 10 call a Special Meeling of Homeowners for Ihe 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
:'i l may be held. (A COP)' of this correspondence is enclosed.)
~ ~ \. Both of Ihese events have occurred. We are requesting thai your office release all escrowed
assessmelll money .0 that all accounll may be madn current. We arll provldinB you thr.. day.
10 comply widl this request. Should your office nOI comply with this request by 12:00 p.m.
Friday, April J, 1998, we have belln inslruclcd by Council 10 proceed in the most aggressive
manner possible to recover the escrowed assessments. This will include our seeking the
assessmenls, illleresl therefrom, all court COSIS and Our allorney fees from each escr()Wing unit
owner per the Condol1liuium Code of Regulations. We have cnclosed Ihe relevam portions
audlOrizing the recovery of Ihese damages fromlhe unit owners (Arlicle VII, S 1. I.).
THE PE~YlVAHIA CENTER 34;5 SIJ.4PSON FEHAV ~ CAMP H1U, PE....SYLVAHI" 11011
.......~WMODnI
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
T.,.phO"" (717) 761-0583
17011-0000
NOTICE OF JUDGMENTITRANSCRIPT
. . CIVIL CASE
PLAINTlf, f: NAME and AOOf\U8S _I
rcOUNCIL OF WESTWOOD VILLAGE
PO BOX 622
C/O PROPERTY MANAGEMENT
L!<EMOYNE, PA 17043 .J
VS.
DEFENDANT; ~lAME amI ADonr:S9
fS'l'ODDART, BARBARA --,
234 BRIAN llRlVE
ENOLA, PA 17025
L .J
r~~"tN"' CV-OOOO04H'I.~. ._
Date Flied: 2/04/98 ~
Mall. Dill. ~jo.:
09-1-02
OJ Name: Hon.
ROBERT v. ~.OVE
Add"... 1901 STA'l'E STREET
CAMP HILL, PA
BARl3ARA STODDART
234 BRIAN DRIVE
ENOLA,PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT ,TlJDGMENT DEF.
00 Judgment was entered for: (Name) -S.TnnnARIJ'~ARRARL__.
[i] Judgment was entered against: (Name) _ COlTNCIL...Q.E'.JrnsTWoon VTr.r,AGF.
In the amount of $
nn on:
(Date of Judgment)
(Date & Time)
4/?n/ClA
. .
o Defendants are jointly and severaliy liable.
D Damages wili be assessed on:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$--~
$. .00
$__.00
$ .00
$ .09
D This case dismissed without prejudice,
D Amount of Judgment Subject to
AttachmenVAct 5 of 1996 L....
D Levy Is stayed for _. days or 0 generaliy stayed.
Post Judgment Credits
Post Judgment Costs
$
$
--...---------
--------.----
D Objection to levy has been filed and hearing will be held:
Certified Judgment Total $
Date:
Place:
l
I
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DA YS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
^
OF AP~EAL Wlnt THE PROTHON9TA)jICLERK O,F ~E ?OUI}TjOF COMMON PLEAS, CIVIL,sm.SION. YOU
MUS7INCLUD:A COPY OF TH\S' OrlC9i>F -!tl.~G ENT/ ANSCRIPT FORM WITH. Y,"~~~~~~~t~.~ ~PP. EAL.
j~ /(1 ,.' // i ;/'\::"""JI'~'""
'::11 ") I II X Date _~ '7 /;.~ .~. ..W. 1 ~', '(1', DisrriCt ,Ju~tice
. ' / / '~ i.;;l ,.i . . . " J., :
,/ 1.1 .' ..... 9 .' 'F"" " .~' ,
Ie' if,Y t~at ~hls is a tru~a~~~yt~CO~~,:9~;~((4proceedingS cqn~~.niDg,t~:ejuagm~rit; .
4- j I Coale ~(t- . " /~/7t.~ _ .. .... , District Ju~tlce
,', i' I ----,- /",'~
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""), .. ,':
My commission expires first Monday of January, 2000 . SEA'~.'
f'E.~ 1 j m'D
Cl\HllL NOVI\6A'1', CIJ\UU
SKELTON, VAT "ANDREW
)\tID BARBARA s'rODDART-
MOHGIIN,
plaintUfs
IN 'rnE COUl\'I' Ol" COMMON I.'L.lmll OT"
CUMBERLAND cOUriTlI, PENNSlIINI\Nlll
CIVIl, J\CT~ON ~EQUITY
v.
COUNCIL OF WESTWOOD
VIl,LJ\GE CONDOMINIUM,
Defendant.
NO. 97-3436 EQUlTY TERM
llLlW l AOJUDICATION
lll:tEQRE OLE.B.._-L.
OPl~ION and D~~~~ NISi
AND NOW, thia
llt.<;'!i~\'l..ill
1i~ day ot feprunry, 1998, \1pOIl
consideration of P1aintiffEl' cOlllplaint I tQlltlwing a. trial" IIntl ~Ol:
the reasons otated in th.) accompanying opinion / Defendant. J."
enjoined to schedule a tlpccial meeting of unit owners of WC1!,two()d
Village t:ondominillIn within thirty dt\ya for the p1)l'p.'O(! oJ.
pennitting any unit ownel' to II\I1kt1 a olot.ion for thl' r.emoval from th"
Coline i 1 of Westwood vi 1111<)e of will iam Hiclul/ .md to nec\! ~" 1\ vc,to
thereon at the meeting. All. other reliaf reqlle9ted by l'hillLU J',;
i.t! denied.
BY TI:lE COUR'l'/
....-.-.......-
i
\
.
liarl M. r,edebohm, ElSq.
2109 Market Street
Camp Hill, PI\. 17011
Attorney for plaintiffs
Kent U. putterson, Rag.
22l pine Street
Harriaburg, PI\. 17L01
Attorney for. Defendant
UNIT PROPERTY ACT - (CONDOMINIUMS)
Act of 1963, P.L. 196, No. 117
AN AC'l'
Relating to t.he ownershi~ of real property, the division thereof
into units, the submission of real property to the provisions
of this act and the withdrawal of such property from the
provisions of this aetl providing for the improvement,
management, operation, assessment and taxation of such
property; establishing certain procedures in connection
therewith; providing for the conveyancing, leasing and
mortgaging thereof; establishing a procedure for the
assessment and collection of certain expenses with respect
thereto; setting forth certain lien rights with respect
theretO/ providing procedures for the exercise of eminent
domain in certain cases/ and providing for the recording of
certain information.
Compiler's Note: The act of July 2, 19BO, P.L.2B6, No.B2
repeafed t.his act except as t.o condominiums created prior
to the effective date of the repealing act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as fellows:
AR'l'ICLE I.
PRELIMINARY PROVISIONS
Section 101. Short Title,--This act shall be known and may
be cited as the "Unit Property Act."
Section 102. Definitions.--The following words or phrases as
used in thi~ act shall have the meanings ascribed to them in
this section, unless the context of this act clearly indicates
otherwise:
(1) "Building" means any multi-unit building or buildings or
complex thereof, whether in vertical or horizontal arrangement,
as well as other improvements comprising a part of the property
and used, or intended for use, for residential, commercial or
industrial purposes or for any other lawful purpose or for any
combination of such uses.
(2) "Code of regulations" means such governing regulations
as are adopted pursuant to this act for the regulation and
management of the property, including such amendments thereof as
may be adopted from time to time.
(3) "Common elements" means and includes:
(i) The land on which the building is located and portions
of the building which are not included in a unitl
(ii) The foundations, structural parts, supports, main
walls, roofs, basements, halls, corridors, lobbies, stairways
and entrances and exits of the building;
(iii) The yards, parking areas and driveways/
(iv) Portions of the land and building used exclusively for
the management, operation or maintenance of the common elementsl
(v) Installations of all central services and utilities/
(vi) All apparatus and installations existing for common
usel
(vii) All other elements of the building necessary or
convenient to its existence, management, operation, maintenance
and safety or normally in common usel and
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3/18/97
(viii) Such facilities as are designated in the declaration
as common elements.
(4) "Common expenses" means and includes I
(i) Expenses of administration, maintenance, repair and
replacement of the common elements;
(ii) Expenses agreed upon as common by all the unit owners;
and
(iii) Expenses declared common by provisions of this act, or
by the declaration or the code of regulations.
(5) "Council" means a board of natural individuals of the
number stated in the code of regulations who are residents of
this Commonwealth, who need not be unit owners and who shall
manage the business, operation and affairs of the property on
behalf of the unit owners and in compliance with and subject to
the provisions of this act.
(6) "Declaration" means the instrument by which the owner of
property submits it to the provisions of this act as hereinafter
provided, and all amendments thereof.
(7) "Declaration plan" means a survey of the property
prepared in accordance with section 402 of this act.
(8) "Majority" or "majority of the unit owners" means the
owners of more than fifty per cent in the aggregate in interest
of the undivided ownership of the common elements as specified
in the declaration.
(9) "Person" means a natural individual, corporation,
partnership, association, trustee or other legal entity.
(10) "Property" means and includes the land, the building,
all improvements thereon, all owned in fee simple, and all
easements, rights and appurtenances belonging thereto, which
have been or are intended to be submitted to the provisions of
this act.
(11) "Recorded" means that an instrument has been duly
entered of record in the office of the recorder of deeds or
department of records of the county in which the property is
situate.
(12) "Recorder" means the recorder of deeds or commissioner
of records of the county in which the property is situate.
(13) "Revocation" means an instrument signed by all of the
unit owners and by all holders of liens against the units by
which the property is removed from the provisions of this act.
(14) "Unit" means a part of the property designed or
intended for any type of independent use, which has a direct
exit to a public street or way, or to a common element or common
elements leading to a public street or way, or to an easement or
right-of-way leading to a public street or way, and includes the
proportionate undivided interest in the common elements, which
is assigned thereto in the declaration or any amendments
thereof.
(15) "Unit designation" means the number, letter or
combination thereof designating a unit in the declaration plan.
(16) "Unit owner" means the person or persons owning a unit
in fee simple.
Section 103. Application of Act.--This act shall be
applicable only to real property, the sole owner or all the
owners of which submit the same to the provisions hereof by a
duly recorded declaration.
ARTICLE II.
GENE~AL PROVISIONS
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3/1B/97
Section 201. Status of Units; Ownership Thereof. --Each unit,
together with its proportionate undivided interest in the common
elements, is for all purposes real property and the ownership of
each unit, together with its proportionate undivided interest in
the common elements, is for all purposes the ownership of real
property.
Section 202. Common Elements.--The percentage of undivided
interest in the common elements assigned to each unit shall be
set forth in the declaration and such percentage shall not be
altered except by recording an amended declaration duly executed
by all of the un t owners affected thereby. The undivided
interest in the common elements may not be separated from the
unit to which such interest pertains and shall be deemed to be
conveyed, leased or encumbered with the unit even though such
interest is not expressly referred to or described in the deed,
lease, mortgage or other instrument. The 'common elements shall
remain undivided and no owner may exempt himself from liability
with respect to the common expenses by ~Iaiver of the enjoyment
of the right to use any of the common elements or by the
abandonment of his unit or otherwise, and no action for
partition or division of any part of the common elements shall
be permitted, except as provided in section 802 of this act.
Each unit o~lIler or lessee thereof may use the common elements in
accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of the other
unit owners. The maintenance and repair of the common elements
and the making oE any additions or improvements thereto shall be
carried out only as provided in the code of regulations.
Section 203. Invalidity of Contrary Agreements.--Any
agreement contrary to the provisions of this act shall be void
and of no effect.
ARTICLE III.
ADMINISTRATIVE PROVISIONS
Section 301. Code of Regulations.--The administration of
every property shall be governed by a code of regulations, ~
true and correct copy of which, and all duly adopted amendments
of which, shall be duly recorded.
Section 302. Adoption, Amendment, etc. of Code of
Regulations.--The first members of council shall establish and
adopt the original code of regulations. Thereafter, no amendment
or change of the provisions of the code of regulations shall be
effective unless it is adopted at a meeting of the unit owners
by the affirmative vote of at least those unit owners who
represent a majority of the votes entitled to be cast at that
meeting.
Section 303. Contents of the Code of Regulations.--The code
of regulations shall provide for at least the following, and may
include other lawful provisions:
(1) Identification of the property by reference to the place
of record of the declaration and the declaration plan;
(2) The method of calling meetings of unit owners and
meetings oE the council;
(3) The number of unit owners and the number of members of
council which shall constitute a quorum for the transaction of
business/
(4) The number and qualification of members of council, the
duration of the term of such members and the method of filling
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3/18/97
vacancies;
(5) The annual election by the council of a president,
secretary and treasurer and any other officers which the code of
regulations may specify;
(6) The duties of each officer, the compensation and removal
of officers and the method of filling vacancies;
(7) Maintenance, repair and replacement of the common
elements and payment of the cost thereof;
(8) The manner of collecting common expenses from unIt
owners; and
(9) The method of adopting and of amending rules governing
the details of the use and operation of the property and the use
pf the common elements.
Section 304. Compliance with Code of Regulations,
Administrative ProvIsions, Covenants, etc.--Each unit owner
shall comply with the code of regulations and with such rules
governing the details of the use and operation of the property
and the use of the common elements as may be in effect from time
to time, and with the covenants, conditions and restrictions set
forth in the declaration or in the deed to his unit or in the
declaration plan.
Section 305. Noncompliance with Code of Regulations,
Administrative Provisions, Covenants, etc.--Fai1ure to comply
with the code of regulations and with such rules governing the
details of the use and operation of the property and the use of
the common elements as may be in effect from time to time and
with the covenants, conditions and restrictions set forth in the
declaration or in deeds of units or in the declaration plan
shall be grounds for an action for the recovery of damages or
for injunctive relief, or both, maintainable by any member of
the council on behalf of the counci 1 or the unit owners or, in a
proper case, by an aggrieved unit owner or by any person who
holds a mortgage lien upon a unit and is aggrieved by any such
noncomp1 iance.
Section 306. Duties of Council.--The duties of the council
shall include the following:
(1) The maintenance, repair and replacement of the con~on
elements;
(2) The assessment and collection of funds from unit owners
for common expenses and the payment of such common expenses;
(3) The promulgation, distribution and enforcement of rules
governing the details of the use and operation of the property
and the use of the common elements, subject to the right of a
majority of the unit owners to change any such rules; and
(4) Any other duties which may be set forth in the
declaration or code of regulations.
Section 307. Powers of Council.--Subject to the limitations
and restrictions contained in this act, the declaration and the
code of regulations, the council shall on behalf of the unit
owners:
(1) Have power to mallage the business, operation and affairs
of the property and for such purposes to engage employes and
appoint agents and to define their duties and fix their
compensation, enter into contracts and other written instruments
or documents and to authorize the execution thereof by officers
elected by the council; and
(2) Have such incidental powers as may be appropriate to the
performance of their duties.
Section 308. Work on Common E1ements.--The maintenance,
.....-
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3/18/97
repair and replacement of the common elements and the making of
improvements or additions thereto shall be carried on only as
provided in the code of regulations.
Section 309. Certain Work Prohibited.--No unit owner shall
do any work which would jeopardize the soundness or safety of
the property or impair any easement or hereditament without the
unanimous consent of the unit owners affected thereby.
Section 310. Easements for Work.--The council shall have an
easement to enter any unit to maintain, repair or replace the
common elements, as well as to make repairs to units if such
repairs are reasonably necessary for public safety or to prevent
damage to other units or to the common elements.
Section 311. Common Profits and Expenses.--The common
profits of the property shall be distributed among, and the
common expenses shall be charged to, the unit owners according
to the percentage of the undivided interest of each in the
common elements as set forth in the declaration and any
amendments thereto.
Section 312. Voting by Unit Owners.--At any meeting of unit
owners, each unit owner shall be entitled to the same number of
votes as the percentage of ownership in the common elements
assigned to his unit in the declaration and any amendments
thereto.
Section 313. Books of Receipts and Expenditures;
Availability for Examination.--The treasurer shall keep detailed
records of all receipts and expenuitures, including expenditures
affecting the common elements, specifying and itemizing the
ma intenance, repa ir and replacement expenses of the common
elements and any other expenses incurred. Such records shall be
available for examination by the unit owners during regular
business hours. In accordance with the actions of the council
assessing common expenses against the units and unit owners, he
shall keep an accurate record of such assessments and of the
payment thereof by each unit owner.
ARTICLE IV.
THE DECLARATION, RESERVATI01~S QIo' CHARGES 'I'HEREUNDER,
CONVEYANCES, MORTGAGES AND LEASES
Section 401. Contents of Declaration.--The declaration shall
contain the following:
(1) A reference to this act and an expression of the
intention to submit the property to the provisions of this Rct~
(2) A description of the land and building;
(3) The name by which the property will be known;
(4) A statement that the property is to consist of units and
comlllon elements as shown in a declaration plan;
(5) A description of the common elements and the
proportionate undivided interest, expressed as a percentage,
assigned to each unit therein, which percentages shall aggregate
one hundred per cent~
(6) A statement that the proportionate undivided interest in
the common elements may be altered by the recording of an
amendment duly executed by all unit owners affected thereby~
(7) A statement of the purposes or uses for which each unit
is intended and restrictions, if any, as to use~
(8) The names of the first members of council;
(9) Any further details in connection with the property
which the party or parties executing the declaration may deem
- ')-
3/18/97
appropriate.
Section 402. Declaration Plan.--The declaration plan shall
bear the verified statement of a registered architect or
licensed professional engineer certifyin~ that the declaration
plan fully and accurately (i) shows the pr0perty, the location
of the building thereon, the building and the layout of the
floors of the building, including the units and the common
elements and (ii) sets forth the name by which the property will
be known, and the unit designation for each unit therein.
Section 403. Contents of Deeds of Units.--Deeds of units
shall include the following:
(1) The name by which the property is identified in the
declaration plan and the name of the political subdivision and
the ward, if any, and the name of the county in which the
building is situate, together with a reference to the
declaration and the declaration plan, including reference to the
place where both instruments and any amendments thereof are
recorded;
(2) The unit designation of the unit in the declaration plan
and any other data necessary for its proper identification;
(3) A reference to the last unit deed if the unit was
previously conveyed;
(4) The proportionate undivided interest, expressed as a
percentage, in the common elements which is assigned to the unit
in the declaration and any amendments thereof;
(5) In addition to the foregoing, the first deed conveying
each unit shall contain the following specific provision:
"The grantee, for and on behalf of the grantee and the
grantee's heirs, personal representatives, successors and
assigns, by the acceptance of this deed covenants and agrees to
pay such charges for the maintenance of, repairs to, replacement
of and expenses in connection \~ith the common elements as may be
assessed from time to time by the council in accordance with the
Unit Property Act of Pennsylvania, and further covenants and
agrees that the unit conveyed by this deed shall be subject to a
charge for all amounts so assessed and that, except in so far as
sections 705 and 706 of said Unit Property Act may relieve a
subsequent unit owner of liability for prior unpaid assessments,
this covenant shall run with and bind the land or unit hereby
conveyed and all subsequent owners thereof"; and
(6) Any further details which the grantor and grantee may
deem appropriate and which are consistent with the declaration,
the code of regulations, the declaration plan and this act.
Section 404. Mortgages and Other Liens of Record Affecting
Property at Time of the First Conveyance of Each Unit.--At the
time of the first conveyance of each unit following the
recording of the original declaration, every mortgage and other
lien of record affecting the entire building or property or a
greater portion thereof than the unit being conveyed shall be
paid and satisfied of record, or the unit being conveyen shall
be released therefrom by partial release duly recorded.
Section 405. Sales, Conveyances or Leases of or Liens upon
Separate Units.--Units may be sold, conveyed, mortgaged, leased
or otherwise dealt with in the same manner as like dealings are
conducted with respect to real property and interests therein.
Every written instrument dealing with a unit shall specifically
set forth the name by which the property is identified and the
unit designation identifying the unit involved.
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3/18/97
ARTICLE V.
RECORDING
Section 501. Instruments Recordable.--All instruments
relating to the property or any unit, including the instruments
provided for in this act, shall be entitled to be recorded,
provided that they are acknowledged or proved in the manner
provided by law.
Section 502. Recording a Prerequisite to Effectiveness of
Certain Instruments.-_No declaration, declaration plan or code
of regulations, or any amendments thereto, shall be effective
until the same have been duly recorded.
Section 503. Place of Recording.--The recorder shall record
declarations, deeds of units, codes of regulations, and
revocations in the same records as are maintained for the
recording of deeds of real property. Mortgages relating to units
shall be recorded in the same records as are maintained by the
recorder Eor the recording of real estate mortgages. Declaration
plans, and any and all amendments thereto, shall be recorded in
the same records as are maintained for the recording of
subdivision plans.
Section 504. Indexing by Recording Officer.--The recorder
shall index each declaration against the maker thereof as the
grantor and the name by which the property is identified therein
as the grantee. The recorder shall index each declaration plan
and code of regulations and any revocation in the name by which
the property is identified therein in both the grantor index and
the grantee index. The recorder shall index each unit deed and
mortgage and lease covering a unit in the same manner as like
instruments are indexed.
Section 505. Recording Fees.--The recorder shall be entitled
to charge the same fees for recording instruments which are
recordable under this act as the recorder is entitled to charge
for like services with respect to the recording of instruments.
Section 601. Removal.--Property may be removed from the
provisions of this act by a revocation expressing the intention
to so remove property previously made subject to the proVisions
of this act. No such revocation shall be effective unless the
same is executed by all of the unit owners and by the holders of
all mortgages, jUdgments or other liens affecting the units and
is duly recorded.
Section 602. Effect of Removal.--When property subject to
the provisions of this act has been removed as provided in
section 601 of this act, the former unit owners Shall, at the
time such removal becomes effective, become tenants in common of
the property. The undivided interest in the property owned in
Common which shall appertain to each unit owner at the time of
removal shall be the percentage of undivided interest previously
owned by such person in the common elements.
Section 603. Resubmission.--The removal of
provisions of this act shall not preclude such
being resubmitted to the prOVisions of the act
herein provided.
ARTICLE VI.
REMOVAL OF PROPERTY FROM THE PROVISIONS OF THIS ACT
property from
property from
in the manner
the
ARTICLE VII.
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3/18/97
ASSESSMENTS, TAXATION AND LIENS
Section 701. Assessments and Taxes,--Each unit and its
proportionate undivided interest in the common elements as
determined by the declaration and any amendments thereof shall
be assessed and taxed for all purposes as a separate parcel of
real estate entirely independent of the building or property of
which the unit is a part. Neither the building, the property nor
any of the common elements shall be assessed or taxed separately
after the declaration and declaration plan are recorded, nor
shall the same be subject to assessment or taxation, except as
the units and their proportionate undivided interests in the
common elements are assessed and taxed pursuant to the
provisions of this section.
Se~tion 702. Assessment of Charges.--AII sums assessed by
resolutions duly adopted by the council against any unit for the
share of common expenses chargeable to that unit shall
constitute the personal liability of the owner of the unit so
assessed and Shall, until fully paid, together with interest
thereon at the rate of six per cent per annum from the thirtieth
day following the adoption of such resolutions, constitute a
charge against such unit which shall be enforceable as provided
in section 703 of this act.
Section 703. Method of Enforcing Charges.--Any charge
assessed 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 suit when filed shall refer to this act and
to the unit against which the assessment is made and the owner
thereof and shall be indexed by the prothonotary as lis pendens.
Any judgment against a unit and its owner shall be enforceable
in the same manner as is otherwise provided by law.
Section 704. Mechanics' Liens Against Units.--Any mechanics'
liens arising as a result of repairs to or improvements of a
unit by a unit owner shall be liens only against such unit. Any
mechanics' liens 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 liens against each unit in a percentage equal to the
proportionate share of the common elements relating to such
unit .
Section 705. Unpaid Assessments at Time of Execution Sale
Against a Unit.--In the event that title to a unit is
transferred by sheriff's sale pursuant to execution upon any
lien against the unit, the council may give notice in writing to
the sheriff of any unpaid assessments for common expenses which
are a charge against: the unit but have not been reduced to lien
pursuant to section 703 of this act, and the sheriff shall pay
the assessments of which he has such notice out of any proceeds
of the sale which remain in his hands for distribution after
payment of all other claims which he is required by law to pay,
but prior to any distribution of the balance to the former unit
owner against whom the execution issued. The purchaser at such
sheriff's sale and the unit involved shall not be liable for
unpaid assessments for common expenses which become due prior to
the sheriff's sale of the unit. Any such unpaid assessments
which cannot be promptly 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, including the purchaser
-8-
3/1.8/97
who acquired title at the sheriff's sale, his successors and
assigns. To protect its 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 members of council, and if it does so purchase, the
council shall thereafter have the power to sell, convey,
mortgage or lease such unit to any person whatsoever.
Section 706. Unpaid Assessments at Time of Voluntary Sale of
a Unit.--Upon the voluntary sale or conveyance of a unit, the
grantee shall be jointly and severally liable with the grantor
for all unpaid assessments for common expenses 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 this act:
Provided, however, That any person who shall have entered into a
written agreement to purchase a unit shall be entitled to obtain
a written statement from the treasurer setting forth the amount
of unpaid assessments charged against the unit and its owners,
and 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 promptly 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, including the
purchaser, his successors and assigns.
ARTICLE VII I.
MISCELLANEOUS
Section 801. Insurance.--The council shall, if required by
the deClaration, the code of regulations or by a majority of the
unit owners, insure the building against loss or damage by fire
and such other hazards as shall be required or requested,
without prejudice to the right of each unit owner to insure his
own unit for his own benefit. The premiums for such insurance on
the building shall be deemed common expenses.
Section 802. Repair or Reconstruction.--Except as
hereinafter provided, damage to or destruction of the building
or of one or more of several buildings which comprise the
property shall be promptly repaired and restored by the council
using the proceeds of insurance held by the council, if any, for
that purpose, and the unit owners directly affected thereby
shall be liable for assessment for any deficiency in proportion
to their respective undivided ownership of the common elements:
Provided, however, That if there is substantially total
destruction of the building or of one or more of several
buildings which comprise the property, or if seventy-five per
cent of the unit owners directly affected thereby duly resolve
not to proceed with repair or restoration, then, and in that
event, the salvage value of the property or of the substantially,
destroyed building or buildings shall be subject to partition at
the suit of any unit owner directly affected thereby, in which
event the net proceeds oE sale, toget~er with the net proceeds
-9-
3/18/97
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RONALD NISSON
849 Louise COUrt
Enolil, Pa
Property Management ,Inc.
1300 Market Street
I,emoyne / Pa. 17043
May 26/ 1998
Dear Mr. Stephens,
IF You checK our file of requests for maintenance over the
past year and beyond, you will find II myriad of requests
dal..ed from 1996 to 1998, to which we have received nothing but
l'romises, written promises .inactIon and complete disregard
by Council and PMI.. Many of these requeatodate bqcK to
well before the AaauHsment.
11m .li8ting my ceqUtlbti;J toc Illalntenaneu aYilin, and expect.
Council to have them corrected by the summer. Mr. Little,as
well as Bill Bop,', and Sherd Akens ,examined the problema
and addressed them.
1. One piece of T-lll on DUC Patio.. 4x+o ft. / badly needs
to be replaced. This is the ar~a the Termite Inspector noted
on his report shOUld be removed and replaced;as there is
a good possibility there are termite4 behind it, and it backs
up to our Kitchen wall. 'This is the most needed replacement
of them all. Ir is always wet. and soggy, and wale.... runs
down behind it from the roof.
2. Wood hOlding the dDwnspout in pulling away from the
building (Bill Bopp tied an ocange plastic strip on same,
7 months ago.) Itls still tied there.to mark it.
3. Guttecs have not
ace causing damage.
wetting T-lll siding
erating cDtting the
been cleaned foc the past 3 years, and
Rain water cascades down the building
excessively and will result in acceI-
T-lll siding.'
4. The ahed has rotted out at the bottom on three sides. '
Bill Bopp and Shed Akens / in 1997 ( sU"lmer),looked at if'o,lI
condition and agreed It ~~oulq~~ye been done the year beforel
5. As a result of dammed up gutters, causing rainwater to
cascade dDwn the side Df building, tbe mOUlding around ';'h'l..
Sliding door, has warped and is pulling away from th~
building1nearly a foot away.
6. Back at the cear of ouc building, acound tbe Chimney,
the wood is rotting DUt in places j the inSUlation is
showing thru. This also was pDinted out by the Termite
Inspector, as needing to be replaced. And also
nee~.tbe lacgi b~shes removed so sunlight can get
,
in and prevent tecmite cot.
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Ronald Nisson
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CIVIL ACTION - LAW
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COUNCIl. OF WESTWOOD VII.LAGE
C()NI)()~INIIJM,
IN TIlE COIJHT OF C{)~MON PLEAS
Plaintiff
CUMBERLAND COIlNTY,IIA
BARBARA STODDART ~OROAN,
Defendant
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AND NOW, Ihe Defendanl (without represenllllion) brings additional evidence wily
NO. 98-2375
AR/lITRATION
certain Ul1ilowners eserowed their lees in this Condominium cOllllllunity Ihr which they
should not be penalized with additional interesland legal (allomey) fees:
I. Letter dated June 5,1998 fi'om William II. lIicks, President ofWeslwood Villllge
Council. 10 Mr. Ronald Nisson, an aggrieved unitowner, in response to Mr. Nisson's
leller to Council's pl'Operty manuger, PMl, concerning Coundl's neglecllo maintain
units in accordance wilh the governing documents, i.e., for the /lENEFIT oflhe unil'
owner for which a fee is paid to Council. Pleuse note that this eommunlcalion is not
signed by any other Council member, and originllled Irom Mr. Hicks' personal
Residence of828 Lee Lune. SEE EXHIBIT "A"
2. Mr Hicks' personul response is representutive ofund the resull of his personal motives for
the community-wide neglect which will ultimately resull in severe dt:preeialion of the
real eslule in this community.
3. Mr. I licks' personal response is representative or why lhe units have lostlhelr
marketubility and resule value.
4. Mr. Hicks' pcrsonal response represenls "personul" gross negligence and willful
misconduct and violales lhl~ governing documenls nflhis community.
5. Mr. Nisson's fees were released from escrow and aceepled by Council on May 22,1998;
Mr. Hicks' personal response is dated June 5. 1998.
6. Council is mandated by the Declaration 10 maintain Common Elements. The costs to
maintain the Common Elements are shared by allunitowncrs in act;ordance with each
unit's undivided proporliOnale share as recorded in th.: governing documents.
7. Council's Decluration slipulates in Subsedion 12. page 15, under "Dulies of the
Council," that the duties of the Council shall include the Ihllnwing:
RONALD NISSON
849 (,ouise Court
Enola, Pa
Property Management ,Inc.
1300 Market Street
Lemoyne, Pa. 17043
May 26, 1998
Dear Mr. Stephens,
IF You check our file of requests for maintenance over the
past year and beyond. you will find a myriad of requests
dated from 1996 to 1998, to which we have received nothing but
promises, w.dtten promises .inaction and complet.e disregard
by Council and PMI.. Many of these requests date bqck to
well before the Assessment.
11m listing my requ\:utu tor maintenallCll ayaill, and expect
Council t.o have them corrected by the summer. Mr. Little,as
well as Bi 11 Bop,', and Sherd Akens ,examined the problems
and addressed them.
.
1. One piece ot 1'-.111 on our Patio - 4xt> ft. , badly needs
to bll replaced. This is the area the Termite Inspector noted
on his report shOUld be removed and replaced;as there is
a good possibility there are termite4 behind it, and it backs
up to our kitchen wall. "This is the most needed replacement
of them all. Ir is always wet and soggy, and wafe~ runs
down behind it from the roof.
2. Wood holding the downspout io pUlling away from the
building (Bill Bopp tied an orange plastic strip on same,
7 months ago.) rtls still tied there.to mark it.
3. Gutters have not
are causing damage.
wetting T-lll siding
erating rotting the
been cleaned for the past 3 years, and
Rain water cascades down the building
excessively and Will result in accel-
T-111 siding.'
4. The shed has rotted out at the bottom on three sides..'
Btll Bopp and Sheri Akens, in 1997 ( su~mer),looked at 'r'~
condition and agreed it shoyld have beell done the year beforel
5, As a result of dammed up gutters, causing rainwater to
cascade down the side of building, tbs mOUlding around jh~
sliding door, has warped and is pulling away from th".
building,nearly a foot away.
6. Back at the rear of our building, around tbe chimney,
the wood is rotting out in places; the insulation is
showing thru. This also was pointed out by the Termite
Inspector, as needing to be replaced. And also
nee~.tbe large bushes removed so sunlight can get
.
in and prevent termite rot.
\
c.c. Council of Westwood Village
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Ronald Nisson
RONALD NISSON
849 [,ouifle Court
Enola, Pa
Property Management ,Inc.
1300 Market Street
Lemoyne, Pa. 17043
May 26, 1998
Dear Mr. Stephens,
IP You checK our file of requests for maintenance over the
past year and beyond, you will find a myriad of requests
dated from 1996 to 199B, to which we have received nothing but
promises, written promises ,.inaction and complete disregard
by Council and PMI., Many of these requests date bqcK to
well before the A~sessment.
11m lUning my requ.,,:;t:> tor maintenance ayain, and expect
Council to have them corrected by the summer. Mr. Little,as
well as Dill Dl1p", and Sherri AKens ,examined the pl'oblems
and addressed them.
.
1. One, piece of 1'-111 on our Patio - 4x" ft. , badl,y needs
to be replaced. This is the area the Termite Inspector noted
on his report should be removed and replacedlas there is
a good possibility there are termite4 behind it, and It backs
up to our Kitchen wall. -This is the most needed replacement
of them all. Ir is always wet and soggy, and l'afe,-. runs
down behind it from the roof.
2. Wood holding the downspout 10 pUlling away from the
building (Bill Bopp tied an orange plastic strip on same,
7 months ago.) Itls still tied there.to marK it.
3. Gutters have not
are causing damage.
wetting T-lll siding
erating rotting the
been cleaned for the past 3 years, and
Rain water cascades down the building
excessively and will result in accel-
T..lll siding. .
4. The shed has rotted out at the bottom on three sides.'
Dill Bopp and Sheri Akens, in 1997 ( su,omer),lookecJ at lr'~
condition and agreed it !!hould have been done the year beforel
5. As a result of dammed up gutters, causing rainwater to
cascade down the side of building, tbe mOUlding around fh~
Sliding door, has warped and is pulling away from fh~
building1naarly a foot away.
6. Back at the rear of our buIlding, around tbe chimney,
the wood is ['otting ouf in places j l.he inSUlation is
showing thru. This also waR pointed out by the Termits
Inspector, as needing to be replaced. And also
nee~~tbe large bushes removed so sunltght can get
in and prevent termite rot.
\
c.c. Council of Westwood Village
6.\"'<-1..
Sincerely, ~
(j~4 ~/~
Ronald Nisson
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. Additionally, part of tile allclJed legal feel Councilil 8nomptlna to eollcClt
. Include too IJO~ts ($59.50) to tile 8 Complainl with D.J. Manlove whIch resulted in
a Jutlllmcnl allainsl the 1'lalntlff(Council) due to its fallure 10 appear for hearlnll'
Furthermore, Council has refused to idenlify lhe k'llal fecs and my lellal fecs
ditl~r Ii','m alllhe other unitowners' lellal fees.
IS. Denied. Same as #14 above.
16. Denied. My rights as a unilowner III guanmteed by the 1963 Unit Property Aet
have been violated. .'jIMion .105. Non-compliance with Cude of Regulatiom',
Administrative P/'ovl.vions, Covenants. et,.. - Failure /(J comply wllh the Code of
RVJ.(/Ill1lillfl.l' IIl1ti with such rule.. J.:ovvrnlnJ.: I/W tiVllli/.L .1'/,1111 be.' Wllulldl'jur all
a,'lion/or the recovery of damuJ.:es or jilr Injunctive reI/v/. or both, maintainable
lIy 111I.1' nI/'I/II1,'r I!/the ,'ou",'i/ 01/ bvha(l/!/thv cuundl or I/W ul/il /IIVI,,'rs or. in u
/"'oIJt'r t'U.I'C!, by an uggrielled unit owner.....
As an aggrieved unit owner who was denied my right to New Business at
Council's 1997 Annual Eleelion Meeting, for which Judgc Oler ordered
<:oulleillo hold a Special Meelingto conduct New Business for 100 unit owners,
I escrowed my fces unlil resolution of Council's Non-compliance with the
governing documents was remedied. Therefore, 111m entitled tll reClovel")' of
dllmllgell-- NOT peallllies.
WIIER.:.'ORE. Defendllnt requests Judgment IIgllinst PllllntilT lIS individulIls,
not liS Council, in Ihe IImllun' equlIl.o III1'ho iIIcglll fees IIsseSNed '01111 unit
owners who escrowed their fees ill order to force complillnee of the 1963 Unit
Properly Act, IInd reimbul'liemel1' ohllleglll fees Incurredln obtllining Judge
Oler's Decree tll ensure con1lllillncc wi.h the Code of Regullltions.
This WIIS willful misconduct and gross negligence on the put of Ihe indlvidulIl
members of this Clluneil for which they should be penllllzed - not out of the
IIggrieved homeowners' money - butlheir own.
Tbey life spending our money to sue us.
See Code of Regululions - Section W. Subsection 3. Indemnif1culion of Council
MemOOrs: .. .Nlwll be incJenmilied by the unit OWllllrs ugainsl ullliubilities und
eKpenscs, includinll allorncys' fees, reW>OlUlbly incurred by or impolll.ld upon hill1in
e\IIllICClion wilh WlY proceeding in which he muy become involved b)' rllllSOn ofhiJ .
being or Iwvillll bucn u member undlol' onicer oflhe Council. or un)' IIllllkll1l1lnt
thercul~ whether or nul he is u Council member WId/or ollieer allllC lime Juch
expenscs ure incurred. EXCEI)T IN SUCIl CASES WIlERElN TilE COUNCIL
MEMlIER ANOIOIl OFFICER IS ADJUDGED GUILTY OF GROSS
.
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COUNCIL OF WESTWOOD VILLAGE: IN THE COURT OF COMMON PLEAS
CONDOMINIUM
Plaintiff CUMBERLAND COUNTY, PA
v. CIVIL ACTION-LA W
BARBARA STODDART MORGAN NO. 911.2375
Dcfendallt ARBITRATION
CERTIFICATE OF SERVICE
I, Barbam Stoddart-Morgan. Defendant pro se, hcreby certify that I served a true and
correct copy of my response to the Rule signed by Judge Kevin A. Hess to show calise
why my Amended Answer should not be striek\m on this date by placing a copy of lhe
same in the United Slales Mail, Poslage Prepaid, addressed to:
David R. Breschi, Esquire
The Pennsylvania Centcr
3425 Simpson Ferry Road
CampHiIl,PA 17011
Dated: July 20, 1998
Rcspectfully submitted,
717- 732- 7952(H)
717-25S-6514(W
~L/Jj;:LL~_ )j{~
( Barbara Stoddart-Morgan
Defendant
234 Brian Drive
,Enola, P A 17025
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