HomeMy WebLinkAbout98-02389
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Regulations"), which is rccordcd in Miseellancous Book 213, Pagc 328 and thcreaficr as 11m ended;
and thc Dec!amtion Plan of Weslwood Villagc Condominium datcd January 29, 1975, and recordcd
in Plan Book 26, Pagc 13 and thcrcaficr as amcndcd.
4. Plaintiff is the body which managcs thc business, opcrations, affairs and property of
Westwood Villagc Condominium pursuant (0 the Unit Property Act of Pennsylvania, thc
Declaration, and Codc of Regulations.
5, Defcndant is thc owncr of 821 Lco Lane, Building 11, Block 5, known as 821 Lce
Lane, in W~stwood Village Condominium, having acquired title by deed datcd Octobcr 15, 1997,
and recorded in thc Officc of the Recordcr of Dc cds of Cumberland County in Deed Book 166, Page
63, together with a proportionate undivided intcrcst in thc common elements, as defined by the
Declaration of 0.480%,
6, Plaintiff has the duty under Section 12 of the Declaration and under Article VII of
the Codc of Regulations to maintain, repair and rcplacc the common clements as defined in the
Declaration and to make and collect assessments from the unit owners for the payment of oommon
expcnses as defined in the Dcclaration,
7. Section 16A and B of the Declaration and Sections 702 and 703 of the Act provide
that asscssments against any unit owncr arc chargeable to that unit owncr and shall constitute the
personal liability of the unit owner. Thesc sections also statc that the assessments may be enforced
by suit by Council acting on bchalf of thc unit owncrs and shall be listed by the Proth(motary as a
lis pcndens.
2
8, For the years 1997 and 1998, pursuant to Articlc VII, Section IB of the Code of
Regulations, PllIintlffassesscd the Dcfendant an annual gencralllssessment in the llmount of$57 pOI'
month consistent with thc Dcfendant's rcspectivc undividcd common interost in tho common
elements as set fOlth in thc Dcclaratiou.
9, During the years of 1997 and 1998, Plaintiff issucd special assessments in the amount
of $29 per month to the Defcndllllt for increased opcrating maintenancc and/or additional capital
expenses pursuant to Articlc VII, Section I C of the Code of Regulations,
10, The gcncral ami specilll monthly assessments levied by I'laintiff against the
condominium unit owned by Defendant at 821 Lcc Lane, went unpaid from September, ] 997
through April, ] 998. A copy of' a statement of lIccount for the period of September, 1997 through
April 15, 1998, is attached hereto and marked as Exhibit "A,"
] I, The Defendant has failed to make the payments as shown on Exhibit "A", leaving a
balance due und owing as of April 15, 1998 of $722.66,
12. Pursuant to Article VII, Section 1.1. of the Code of Regulations, Plaintiff is
empowered to collect delinquent asscssments against unit owners together with interest, costs, filing
fees and attorney fees,
13. Plaintiff has or will incur attorney fees in connection with this action for which
Defendant is liable,
14. Interest has accrucd on thc amount owing by Defendant to Plaintiff at the legal rate
of six percent (6%) pCI' annum und will continue to accrue.
15, All conditions prccedcnt to Defendant's liability have been satisfied,
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J.y Ev.ns
,
Dlte Ch.r,e Amount Totll
S"ptemher, 1997 Monthly Assessment 57,00 57,00
-- -
Septemher, 1997 Spedal ASS(!Sslllelll 29,00 86,00
--
October, 1997 Interest .4.3 86.43
Octoher, 1997 Monthly Assessmelll 57.00 143,43
--- - ---
Octohm', 1997 Spedal Assessment 29.00 172,43
Novemher, 1997 Interest ,86 173.29
-
Novemher, 1997 Monthly Assessment 57.00 230.29
- - ..-
November, 1997 Special Assessment 29,00 259.29
Decemher, 1997 Interest UO 260,59
-
December, 1997 Monthly Assessment 57.00 317,59
December, 1997 Special Assessment 29.00 346,59
--
January, 1998 Interest 1.73 348.32
J;1l1uary, 1998 Monthly Assessment 57.00 405.32
January, 1998 Speci.ll Assessment 29,00 434.32
February, 1998 Interest 2,17 436.49
- -
Febmilry, 1998 Monthly Assessment 57.00 493,49
--
February, 1998 Special Assessment 29,00 522.49
-
March, 1998 Interest 2,61 525.10
March, 1998 Monthly Assessment 57,00 582,10
.
March, 1998 Special Assessment 29.00 611.10
-
April, 1998 Interest 3.06 614.16
April, 1998 Monthly Assessment 57.00 671.16
April, 1998 Special Assessment 29.00 700.16
April, 1998 l.egal Fees/Expenses 108.50 808,66
April 15, 1998 Payment Received <86.00> 722.66
Total Amount Due $722,66
~ERTIFICATE OF SERVICE
1, David R, Breschl, Esquire, of the law firm of Shumaker Williams, P.C" hereby certify that
I served a tnte and correct copy of the foregoing Praecipe for Lis I'endcns on this date by placing a
copy of the same in the United States Mail, Postage Prepaid, addressed to:
Jay Evans
3810 Copper Kettle Road
Camp Hill, PA 17011
SHUMAKER WILLIAMS, P,C,
Dated: I~.v~, (119
By '()V r1 /5lu d~
David R, Breschi, Esquire
P,O, Box 88
Harrisburg, I' A 17108
(717) 763-1121
Att~lIneys for Plaintiff
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