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Home My WebLink About98-02376 \.. ....\1 '. ..;: ~ .., '> l' "Ii I, , ;), ~ c;j J !: ~ ,\, -....:: .... \ '" -",,- ..... \. <:t-. "" C) () () ':"- .1 ~ 1 c) ..... ~ 11/ ~ \l .3 ('I CJ r ... ~ ..... .. .":l ~ ~ lC) ~ u., G-- ~ COUNCiL OY' WESTWOOD \liLLAGn CONDOMiNiUM, iN THE CO\JR'f OY' COMMON PLEAS CUMBERLAND COUNTY, l' A Ph\\Il\i ff C\\IiL ACT\ON - LAW NO. 1~ '- J 37 (p C~ ARBiTRAT\ON 'I. GLOR\A KELLER, Dcfclld\\llt ~CJi YOO HAYE >EEN SOEO IN COORT. If ,m> W", to dO'o'" ,..'"" tho ".,... om '0.' " "" (ollow '0' ,..", ,m> "o,'lli'O ,,"0' w \\h'o 'w"" 1m) d>" ,R" ,,,, C""""'" "" Not"O ,w .""d, b, ",,,,,., w.'"" ."o".oco ,,,'0"'" ol b, ",o,ocy .001 ."0' I' w.Il'" w"b th, co''' ,ool d""'" 0' obi"""" '0 ,bo ",',," ", ""b ..',,,, ,,,,,. Y "" 'w w"",d th" If ,m> ,,\\ '0 do '" ,'" "" "'"' ~""'" w"""", ,m> "" .1""""'''' "'"' '" "" "d ,..'''' ,00 bY tho Cou. w I,b"u' fu""" "'" '" "" .., _, ",,""" " ,'" c"""I.,,, 0' '0' .., "''''' ,..,,, o. ,,"d "qu"''''' bY ,h' PI.'" \\1. y"" "'"' ,,,,, mo"" '" ,m,,'" 0' ,,'hot · "hI< ,,,,.,,,,,, to you. TO: Giorla Ke\\er. Defendant: YOO SHOOLO 'r 'KE "If' p.-ER TO yoOR I.' WYER ,T ONCE. If YO\l 00 NOT H' VE , I.' WYER OR C,NNOT 'fFORO ONE, GO TO OR TEI.f,PHONE THE 0f>1CE SET fORTH >ELOW TO fiNO OUT WHERE YOU C,N GBr Lf,,^L HELP. CUMBERL~ND COUNTY B~R ~SSOCI~TION 2 LIBERTY ~VENUE C~RLISLE p~ 17013 (717) 249 3166 ~LQ.J'J..DA \lSTEO H' $100 OEM,NO'O'"' EN CORrE. $I """, d'''' dol""'''' " '" """"",, qU' " ",,"'lli" "''' """,,, " '" "'u ,,"" ,'. ,"'. "", '0","' """" ""',,, do I" ",,, ''''''' ,,'''' 1m) d ". d"''''' do " ",,, ,,,""'" d' "lli """,,,,,, ,,"0 ,"'""", ,..,,,,,,,_to . po' "",," " '" ,,,,,,,,,,, "" ",mo''''''''' "',',,' "",,,,,,,.,, ,. C"" 0 po' "" ,to ". ,'d"~' do, , "bi"""'" ., I"' d"""oo1" ,'''0'''''' ,q'" " ",tt. ,U'" SO 10 ""'0"0 do qUO " u.tod ,.\1. d' ,,,,,,,, ." '" ,0"''' " d"''''''' ..,,,,,,,,,,,,,,,, " ,,'" ,oedO Regulations"), which is recorded in Misccllancous Book 213, Page 328 and thereafter as amended; and the Dccluration Plan of Westwood Village Condominium duted January 29, 1975, and recorded in PllIn Book 26, Page 13 and thercaftcr as amended. 4. Plaintiff is thc body which manages the business, operations, affairs and property of Westwood Villagc Condominium pursuant to the Unit Property Act of Pennsylvania, the Declaration, and Code of Regulations. 5. Defcndant is the owner of843 Melissa Court. Unit 203, Building 2A, Block I, known as 843 Melissa Court, Suitc 203, in Westwood Village Condominium, having acquired title by deed dated April 20. 1989, and recorded in the Office of the Recorder of Deeds ofCurnberland County in Deed Book 33.X, Page 89, together with a proportionate undivided interest in the common elements, as defincd by the Declaration of 0.558%. 6. Plaintiff has the duty under Section 12 of the Dcclaration 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 lInd collect assessments from the unit owners for the payment of common expenses as defined in the Declaration. 7. Section 16A and B ofthc Declaration and Sections 702 and 703 of the Act provide that assessmcnts against any unit owner are chargeable to that unit owner and shall constitute the personal liability of the unit owner. These sections also slate that the assessments 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. 2 8. For the years 1997 and 1998, pursllantto Article VII, Section I B of the Code of Regulations, Plaintiff assessed the Defendmll an annual general assessment in the amount of$66 per monlh consistent with the Defendant's respective undiYidcd common interest in Ihe common elements liS set forth in the Declul'lltion. 9. During the yeurs of 1997 und 1998, Plaintiff issued special assessments in the amount of $34 per month to the Defendant for increused operating muintenance and/or additional capital expenses pursuant to Article VII, Section IC of the Code of Regulations. 10. The general IInd special monthly assessments levied by Plaintiff against the condominium unit owned by Defendant at 843 Melissa Court, Unit 203, went unpaid from August, 1997 through April. 1998. II. Plaintiff also has outstanding water charges from Febmary, 1998 in the amount of $8.46. A copy of a statement of aecount lor Ihe period of August, 1997 through April IS, 1998, is attached hereto and marked as Exhibit "A." I 2. The Defendant has failed to make the payments as shown on Exhibit "A", leaving a balance due and owing as of April IS, 1998 of$979.36. 13. Pursuant to Article VII, Section I. I. of the Code of RegUlations, Plaintiff is empowered to colleet delinquent assessments against unit owners together with interest, costs, filing fees and attomey fees. 14. Plaintiff has or will incur attorney fees in connection with this action for which Defendant is liable. 3 . , IS. Inlol'ost hils accrued on the lIlIlount owing by Defendant to Plainli ff lit the legal rate of six percent (6%) pel' IInnUlIlllnd will continuc to accrue. 16, All conditions preccdent to Defendant's liability have becn satisfied. WHEREFORE, Plaintiffrequestsjudgmcnt against Defendant in an amount not in excess of $2S,000, including interest, attorneys' fees and costs, which amount does not exceed the applieable arbitration limits. SHUMAKER WILLIAMS, P,C. 83422 By ~JI /51ucv( David R. Breschi, I.D. #59001 P.O. Box 88 Harrisburg, P A 17108 (717)763-1121 Dated: ~~71/r(ff " . , " '.~.j / ~ Date Char.e Amount Total -. August, 1997 Monthly Assessment 66.00 66.00 -- -- -- August, 1997 Special Assessmenl 34.00 100.00 September, 1997 Interest 50 100.50 September, 1997 Monthly Assessment 66.00 16650 September, 1997 Special Assessmenl 34.00 200.50 October, 1997 Interest 1.00 201.50 October, 1997 Monthly Assessment 66.00 267.50 October, 1997 Special Assessment 34.00 301.50 ~ovember, 1997 Iraeresl 1.51 303.01 -- . ~ovember, 1997 Monthly Assessmenl 66.00 369.01 ~ovember, 1997 Special Assessment 34.00 403.01 December, 1997 Interest 2.02 405.03 ,-. December, 1997 Monthly Assessment 66.00 471.03 December, 1997 Special Assessmcnt 34.00 505.Q3 January, 1998 Interesl 2.53 507.56 January, 1998 Piling/Legal 5350 561.06 - . .- January, 1998 Monthly Assessment 66.00 627.06 January, 1998 Special Assessment 34.00 661.06 February, 1998 Interest 3.31 664.37 February, 1998 Monthly Assessment 66.00 730.37 February, 1998 Special Assessment 34.00 764.37 February, 1998 Water Charge 8.46 772.83 -- March, 1998 Interest 3.86 776.69 March, 1998 Monthly Assessment 66.00 842.69 March, 1998 Special Assessmcnt 34.00 876.69 April, 1998 Interest 4.38 881.07 Gloria Keller . . April, 1998 Monthly Assessment 66.00 947.07 April, 1998 Special Assessment 34.00 981.07 April, 1998 Legal Fees/Expenses 108.50 1,089.57 April 1, 1998 Payment Received < 100.00 > 989.57 April 3, 1998 Payment Received < 10.21 > 979.36 Total An;ount Due $979.36 " ~"~~ ('-. \--' " .~ w ...... 6' ~ :rJ '-' ~ o ........, -..l "'" ~ (") \0 (") c:: 00 ;?-" .." -or't; 1'- ~.;j ~ fj'l(.'f ~!, .;::.,;; O<} ,;, ::q ~;;'rr r,) r" c::l f1 :1: '''','1'9 (~) ','/{ f~.~ (.'.: , '.)(S " h ,l.i./ :;,,: ." , . .: ) ..~ ;;;;;; }'~ j .,~ (') ~ "':'.:'ni ,.> ~ \~~ :~ '..) ;;;.~l '>;0 :u -< ~ r::! . . l/) J ~ COUNCIL 0(1 WESTWOOD VILLAGE CONDOMINIUM, IN TIlE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION -LAW v. GLORIA KELLER, Defendant NO. 98.2376 ARBITRATION PRAECIPE FOR LIS PENDENS TO THE PROTHONOTARY: Please index the above-c,aptioned action for specific performance as a \is pendens against the following real property: ALL THAT CERTAIN unit in the property known, named and identificd in the Declaration Creating and Establishing Westwood Village Condominium, dated January 29,1975, and recorded January 29,1975, in Misc. Book 213, Page 283, as amended on various dates, referred to as Westwood Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, being knbwn as 843 Melissa Court, l1nit 203, Building 2A, Block 1, in Westwood Village Condominium, Enola, East Pemlsboro Township, Cumberland County, Pennsylvania, having been conveyed to Defendant by deed dated April 20, 1989, and recorded in the Office of the Recorder of Deeds of Cumbcrland County in Deed Book 33-X, Page 89, together with a proportionate undivided interest in the common elements, as defined by the Declaration of 0.558%. I hereby certify that this action affects title to or other interest in the above-described real estate, SHUMAKER WILLIAMS, P.C. 84985 By QJg /I ;}Zt/~ ' David R. Breschi, J.D. #59001 P.O. Box 88 Harrisburg, P A 17108 (717) 763-1121 Dated: ftht /'(/ (!1P ~ 6' ~ Ul ..... 6' '~~ \-" '" w \IV \-:.l '" o "'-I --l --- >0 ~ c:::;{ (") 10 (") \;:; ~U '"11 )-- ""t!f;-i J'IIl :';;J '" r1'l(:, :~j : ;-',:!J ~~' ,J i OJ' (. t,) ,,I'] [6.'1"- m fl\' .. , ':>(1) f.;: , " " ;1"- 1'3 " :)~ I,., i ) "M '-"1,1 , ",0 ,'c. m ,,-rn :-'i .. ...l :~ :.) :C..l ~::r.J IX) ~~ 1\~~ r::::! '-' '\, 'I . . (j) J ~