HomeMy WebLinkAbout98-02377
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amended; the Code of Regulations of Westwood Village Condominium (hereinafter "Code of
Regulations"), which is rccordcd in Miscellaneous Book 213, Page 328 and thereafter as amended;
and the Declaration Plan of Westwood Villngc Condominium dnted .Jnnunry 29,1975, and recorded
in Plan Book 26, Page 13 and thcreaficl' as amendcd.
4. Plaintiff is the body which mnnagcs the busi'less, operations, affuirs and property of
Westwood Villngc Condominium pursuunt 10 the Unit Property Act of Pennsylvaniu, the
Decluration, nnd Code of Regulutions.
5. Defendnnts are thc owner of 843 Melissu Court, Unit No. 304. Building 2A, Block
1, known as 843 Melissa Court, Unit No. 304, in Westwood Village Condominium, hnving acquired
titlc by deed duted November 13, 1996, and recorded in thc Office of the Recorder of Deeds of
Cumberland County in Deed Book 148, Pagc 1083, together with n proportionate undivided interest
in the eommon clements, as defined by the Declaration of 0.558%.
6. Plainti fr hns thc duty under Scction 12 of the Decluration and under Article VII of
the Code of Regulations to maintain, repair and repluce the common elements us defined in the
Declaration and to make and collect assessments from the unit owncrs for the payment of common
expenses as defined in the Declarntion.
7. Scction 16A and B of the Declaration and Sections 702 and 703 of the Act provide
that assessments against any unit owner arc chargeable to that unit owner and shall constitute the
personal liability of the unit owner. These sections also state that the asscssments may he enforced
by suit by Council acting on behulf of the unit owners und shall be listed by the Prothonolary as a
lis pendens.
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8. For the ycars J 997 and 1998. pursuant to Article VII, Section I B of the Code of
Regulations, Plaintiff asscsscd the Defendants an annual general asscssment in thc amount of $66
per month consistent with the Dcfendants; respective undivided common intcrest inthc common
elements as sct forlh in the Declaration.
9. During thc ycars 01'1997 and 1998, Plaintiffissucd special asscssments in thc amounl
of$34 per month tothc Defendants for incrcased opcrating mainlenancc and/or additional capital
expenscs pursuant to Articlc Vtl, Seetion J C of the Code of Regulations.
10. The gencral and special monthly assessmcnts levied by Plaintiff against the
condominium unit owncd by Dcfcndants at 843 Melissa Court, Unit 304, went unpaid from
September, 1997 through April, 1998. A copy of a slatcment of account for the period of August,
1997 through April 20, 1998, is attachcd hcrcto and marked as Exhibit "A."
II. The Defendants have failed to makc the payments as shown on Exhibit "A", leaving
a balance due and owing as of April 20, 1998 of$822.65,
12. Pursuant to Article vn, Scction 1.1. of the Code of Rcgulations. Plaintiff is
empowered to collect dclinquent asscssments against unit owners together with interest, costs, filing
fees and ilttorney fees.
13. Plaintiff has or will incur attorney fces in conncction with this action for which
Defendants are liable,
14. Interest has accmed on thc amount owing by Defendants to Plaintiff at the legal rate
of six percent (6%) pel' annum and will continuc to accrue.
15. All conditions prcccdcnt to Dcfendants' liability have been satisfied.
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WHEREFORE, Plaintiff requests judgment a.gainst Dcfendants in 111I amount not In excess
of $25,000, Including interest, attorncys' fees and costs, which amount does not excced the
applicable arbitration limits.
SHUMAKER WILLIAMS, P.C.
Dated: iJ-fYZ- ~ II! 0
By \;)~b1'.
David R. Brcschi, J.D. 1159001
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
83417
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
Phl/ntl ff
IN THE COURT OF COMMON PLEAS
Y.
CUMBERLAND COUNTY, PA
ALlSE BREWBAKER and
ANTHONY C, WOLFE,
CIVIL ACTION -LA W
NO. 98-2377
Defondants
ARBITRATION
rMECIPI,l Io DISCONTINUE
TO PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark Ihe above ~ase, togelher wilh the Us Pendens filed thereon. settled,
discontinued and salisfied, with prejudice.
SHUMAKER WILLIAMS, P.C.
Dated: A.AA .J 7 /! It}
.-vi"'-V' I
By 5:D3! ;1,/ktrr;{
David R. Breschi, I.D. 1159001
P.O. Box 88
HarriSburg, P A 17108
(717) 763-1 J 21
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