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Home My WebLink About98-02386 ~ .~. ~ ..... ~ lI) ~ I. .~ .. .~ .. r ~ ~ c5 " 0- f - - . - >"+ () ~ 0- . '.. ~ ~ .n .:l jJ ,I (' :0. l~ - '. :l . cj '" t>o fV) l"1 ~ C!' 0' ~ amended; the Code of Regulations of Westwood Village Condominium (hereinafter "Code of Regullltions"), which is recorded in Miscellaneous Book 213. Page 328 and thercat\er us umended; and the Dcc\ul'lltion Plan of Westwood Villagc Condominium duted January 29,1975, and recorded in Plan Book 26, Page 13 und thereat\er us amended. 4. Plainti ff is the body which managcs the business, operations, affairs and properly of Westwood Village Condominium pursuant to the Unit Property Act of Pennsylvania, the Deeluration, and Code of Regullltions, 5. Defendant is the owner of Unit No. 229, Building 8, Block 5, known as 229 Brian Drive, in Westwood Villagc Condominium, h~.ving acquired title by deed dated May 3,1996, and recorded in the Office of the Rceorder of Deeds of Cumberland County in Deed Book 138, Page 778, together with a proportionate undivided interest in the common elements, as defined by the Declaration 01'0.534%. 6. Plainti ff has the duty under Section 12 of the Declaration and under Arlie\e VII of the Code of Regulations to maintain, repair and repluee the common elements as defined in the Declaration and to make and collect assessments from the unit owners for the payment of common expenses us defincd in the Declaration. 7. Section 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 personalliubility of the unit owner. These sections also state that the assessments may be enforced' by suit by Council ucting 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. pursuant to Article VII, Section IB of the Code of Rogulations. Plaintiffnssessed the Defendant an annual gencrulusscssment in the umount of$64 pCI' month consistent with the Defendant's rcspcetive undivided common interest in the common clemcnts as sct forth in thc Declaration. 9. During the years of 1997 and 1998, Pluintiff issued special assessmentr, in thc amount of $33 per month to the Defendant for inercascd operating maintenance and/ol' additional eapitul expenses plll'suant to Article VII, Section I C of the Code of Regulations. 10. The general and special monthly assessmcnts levied by Plaintiff against thc condominium unit owncd by Defendant ut229 Brian Drive went unpaid from August, 1997 through April, 1998. A copy of a statement of account for the period of August, 1997 through April 1 , 1998, is attached hereto and murked as Exhibit "A." II. The Defendant has failed to muke the payments as shown on Exhibit "A", leaving a balance due and owing as of April I, 1998 of$I,053.47. 12. Pursuant to Arlicle VII, Section 1.1. of the Code of Regulations, Plaintiff is empowered to collect delinquent assessmcnts against unit owners together with interest, costs, filing fecs llnd attorney fees. 13. Plainti ff has or will incur attorney fees in connection with this action for whioh Defendant is liable. 14. Interest has accrued on thc amoun( owin[l by Defendant to Plaintiff at the legal fate of six percent (6%) per annum and will eontinuc to accrue. 15. All conditions precedent to Defendant's liability have been satistied. 3 Date Charge Amount Total - - August, 1997 Monthly Assessmelll 64.00 64.00 - - -"~ August, 1997 Special ASSl'SSlllcnt .1.1,00 97,00 Seplember, 1997 Intel'v,ltt .49 97.49 - S"ptember, 1997 Monthly Assessmelll 64.00 161.49 Scptemher, 1997 Special Assessmcnl 3.1,00 194.49 - OClobel', 1997 Interest .97 195.46 OClobel', 1997 Monlhly Assesslllelll 64.00 259.46 Octo bel', 1997 Special Assessment 33,00 292.46 - Novcmber, 1997 Ioten.lst 1.46 293.92 - November, 1997 Monthly Assemll"nl 64.00 357.92 --- Novembel', 1997 Special Assesslllelll 3.1.00 390,92 December, 1997 Interest 1.95 392.87 -- December, '1997 Monthly Assessment 64.00 456.87 Decembcl', 1997 Special Assessment 33.00 489.87 " - January, 1998 Interest 2.45 492.32 - - January, 1998 Legal/Filing 53.50 545.82 - - January, 1998 Monthly Assess men I 64.00 609.82 January, 1998 Special Assessment 33.00 642.82 Februal'Y, 1998 Interest 3.21 646.03 - Pebl'uary, t998 Monthly Assessment 64.00 710.03 Pebruary, 1998 Special A""ssment 33.00 743.03 March, 1998 Interest 3.72 746,75 March, 1998 Monthly Assessment 64.00 810.75 March, 1998 Special Assessment 33.00 843.75 " April, 1998 Inlel'csl 4.22 847.97 April, 1998 Monthly Assessmcnt 64.00 911.97 April, 1998 Special Assessmcnt 33.00 944.97 April, 1998 Leg,,1 Fees/Expenses 108.50 1,053.47 Claude Skelton Total Amount Due $1,053.47 ~~~ ~ ~ I ~ VJ ld I~ 'lJ W Iv "" ~ ......., "-J """" ~ ~ 0[ ~ .~ ~ ~~ . \J\ '"" Q ,D r~ ~~i OJ 1Jfi'f ,... ;'i! . ..u CV'II ',.,;1 .,(.Q t-,) ,. 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