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Home My WebLink About98-02388 I I ~ ti \. ~I '" >' ,., .j .~I EI ~ ~ cJ .J 0... l[ ....... .... " 1<- '\ 'I '$ C'.j.. ! ~ 0 o o - a J ~ ~ 3d i; t .... " ~ - .. ;:) ~ L.. , 00 IV) t) ~ ~ ~ .~., amended; the Code of Regulations of Westwood Village Condominium (hcreinat\er "Code of Regulations"), which is recordcd in Miscellaneous Book 213, Page 328 and thereat\er as amended; and the Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recordcd in Plan Book 26, Page 13 and thereat\er as lImended. 4. Plaintiff is the body which manages the business, operations, affairs and property of Westwood Villagc Condominium pursuant to the Unit Propcrty Act of Pcnnsylvania, the Declaration, and Code of Regulations. 5. Defendant is the owner of849 Brian Drive, Building 9, Block 5, known as 849 Brian Drive, in Westwood Village Condominium, having acquired title by deed dated July 17, 1997, and recorded in the Oftieeofthc Recorder of De cds of Cumberland County in Deed Book 161, Page 133, together with a proportionate undividcd interest in the common elements, as defined by the Declaration of 0.657%. 6. Defendant is ulso thc owner of810 Charlotte Way, Unit 104, Building 3, Block 2, known as 810 Charlotte Way, Unit 104, in Westwood Village Condominium. having acquired titlc by deed dated September 4, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 145, Page 475, together with a proporlionate undivided interest in the common elements, as defined by thc Declaration of 0.453%. 7. Plainti ff hlls the duty under Section 12 of the Dcclaration and under Article VII of the Code of Regulations to maintain. repair and replace the common clements as defined in the Declaration and to make and collect assessments from the unit owners for thc payment of common expenses as defined in the Declaration. 2 8, Section 16A and B of the Declarution and Sections 702 and 703 of the Act provide , that assessments !lgainst !lny unit owner are chargeable to that unit owner and shall constitutc the personal liability of the unit owner. These sections also state that the assessments may be enforccd by suit by Council acting on bchlllfofthe unit owners !lnd shall be listed by the Prothonotary as!l lis pendens. 9, For the years 1997 and 1998, pursuant to Article VII, Section I B of the Code of Regulations, Plaintiff assessed the Defendant an annual generalassessmcnt in the amount of$78 pel' month for 849 Brian Drive and $54 pel' month for 810 Charlotte Way, Unit 104, consistent with the Defendant's rcspective undivided common intcrests in the common elements as set forth in the Declaration. 10. During the years of 1997 and 1998, Plaintiff issued special assessments in the amount of $40 pel' month to the Defendant for 849 Brian Drive and $28 pel' month to (he Defendant for 810 Charlotte Way, Unit 104, for increased operating maintenance and/or additional capital expenses pursuant to Atticle VII, Section 1 C of the Code of Regulations. II. The gelleral and special monthly assessments levied by Plaintiff against the condominium units owned by Defendant at 849 Brian Drive and 810 Charlotte Way, Unit 104, went unpaid from September, 1997 through April, 1998. 12. I'laintiffalso has outstanding water charges from December, 1997, and January, 1998 in the total amount of$26.16 for Unit 104,810 Charlotte Way. 13. A copy of a statement of account for the period of September, 1997 through April 15, 1998, for Un;1 849 Brian Drive is attached hereto and marked as Exhibit "A," 3 14, A copy of a statement of account for the period of September, 1997 through April 15,1998, for Unit 104,810 Churlotte Way is uttllched horeto and marked as Exhibit "B," ,\5. Thc Dcfendant has flliled to make the payments llS shown on Exhibits "A" and "B", leaving a balance due and owing liS of April 15, 1998 of$909. 77 for 849 Brian Drive and $705,69 for Unit 104,810 Charlotte Way. 16. 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. 17. Plaintiff hus or will incur attorney fees in connection with this action for which Defendant is liable. 18. 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, ] 9, All conditions preccdent to Defendant's liability have been satisfied, WHEREFORE, Plaintiff requests jUdgment against Defendant in an amount not in excess of $25,000, including interest, attorneys' fees and costs, which amount does not exceed the applicable arbitration limits, SHUMAKER WILLIAMS, P.C. Dated: ~'l~ (?'IZ/ By ~ ~~~ David R. Breschi, J.D. #5900] P,O. Box 88 Harrisburg, P A 171 08 (717) 763-] 121 83436 4 1 Wendy M. Horter. 849 Brian Drive Date Char.e Amount Total >---,. ..- September, 1997 Monthly Assessment 78,00 78,00 October, 1997 Interest ..W 78J9 October, 1997 Monthly Assessment 78,00 156,39 October, 1997 Special Assessment 40,00 196.39 November, 1997 Interest .98 197.37 November, 1997 Monthly Assessment 78,00 275,37 November, 1997 Special Assessment 40.00 315,37 .. December, 1997 Interest 1.58 316.96 December, 1997 Monthly Assessment 78,00 394,95 December, 1997 Special Assessment 40,00 434,95 january, 1998 Interest 2,17 437,12 january, 1998 Monthly Assessment 78,00 515,12 january, 1998 Special Assessment 40,00 555.12 February, 1998 Interest 2.78 557,90 February, 1998 Monthly Assessment 78,00 635,90 February, 1998 Special Assessment 40,00 675,90 March, 1998 Interest 3.38 679,28 March, 1998 Monthly Assessment 78,00 757.28 March, 1998 Special Asscssment 40,00 797.28 April, 1998 Intcrest 3.99 801.27 April, 1998 Monthly Assessment 78,00 879.27 April, 1998 Special Assessmcnt 40.00 919,27 April, 1998 Legal Fecs/Expenses 108.50 1,027.77 April!5, 1998 Payment Received < 118,00> 909.77 1 J Total Amount Due $909.77 Wendy M. Horter. nt 1 4. ar oUe IV Date Char,e Amount Total - Septemher, 1997 Monthly Assessmcnt 54,00 54,00 - September, 1997 Sped 011 Assessment 28,00 82.00 - October, 1997 Interest .41 82.41 - October, 1997 Monthly Assessmcnt 54,00 136.41 - October, 1997 Special Asses.sment 28,00 164.41 November, 1997 Interest .82 165.23 November, 1997 Monthly Assessment 54,00 219,23 November, 1997 SpCCi.11 Assessment 28,00 247.23 December, 1997 Interest 1.24 248.47 -- I-. December, 1997 Monthly Assessment 54.00 302.47 December, 1997 Special Assessment 28,00 330.47 Del:ember,1997 Water Charge 7,07 337,54 January, 1998 Interest 1.69 339,23 - January, 1998 Monthly Assessment 54.00 393.23 - January, 1998 Special Assessment 28,00 421.23 January, 1998 W.lter Charge 19,09 440.32 February, 1998 Interest 2.20 442.52 February, 1998 Monthly Assessment 54,00 496,52 February, 1998 Special Assessment 28.00 524,52 February, 1998 Water Charge 10.47 534,99 - March, 1998 Interest 2,67 537.66 March, 1998 Monthly Assessment 54,00 591.66 March, 1998 Special Assessment 28,00 619,66 April, 1998 Interest ),10 622.76 - April, 1998 Monthly Assessment 54,00 676.76 April, 1998 Special Asse.sment 28.00 704.76 U I # 0 810 Ch I W April, 1998 Legal Fees/Expenses 108,50 813,26 April 15, 1998 Payment Received < 82.00> 731.26 April 15, 1998 Payment Received < 15.10> 716,16 Payment of Water < 10,47> 705,69 Bill Total Amount Due $705,69 ~!~~ ~ v ~ VI ..f) V '-l.J '-J' v.l \Jv "" ~ eo..-, -.....j ....... ~ ~ c::l ~~~ i' . (") .., 0 G CO -n <, ,.,. -I 'l~ l-,: "1 ';n [I..~. : ;.() 1'1,+ 4',- .'i /,J "l,ry {-::-; Ir m , ',J; r ( ~.~:.: ,1\,] " .., I,.~ (') , S~) , 1rr1 .l~. ::t ~:- ').J I :;q -I;, '0 -<; U\ 3'~ , CERTlFICA TE OF SERVICE I, David R. Brcschi, Esquire, of the law finn ofShumnkcr Williams, p,C., hcreby certify that I scrved a truc and correct copy of the forcgoing Praecipc for Lis Pcndens on this date by placing a copy ofthc same in the United States Mail, Postage Prepaid, addressed to; Wendy M, Hortcr 849 Brian Drive Enola, PA 17025 Datcd; ~ l7;lff8 SHUMAKER WILLIAMS, p,C, By$5({ (? ~('~ David R. Broschi, Esquire p,O, Box 88 Harrisburg, PA 17108 (717) 763-1121 Allomeys for Plaintiff ~ -. " .,~ " ii ! >\ f (er f if [ 10' "):> :0 bl:. 0 "., .11 R) 0 ~( ) C ~O ....., ~ ,I (; OR ;' ~ I '"-..,. ~ ...1 8J ..0 1 // I, (/ ,0 C) ('~:< (i.l "1\ !< ')':wI ;il, ~n\',l ... ll') \\.n If\\" c~ ~:'.'~' \ Il'~q (? \ I'\:. U',-,; "h ..-l -, .1-\' r ~ (,' ,-,'j ,.,,\ '. " r ..:-~ ' t!'($ c .. 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