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Home My WebLink About98-02548 .... .. .... ~ ~ . I ~ J ,- "It, , ~\ -"'-" ~ "\. ~, 1. 'i J .... ~ q.: ~ ~ 0 "\s - 1 '.. u l ~ '1\ :t " 0 .3 c:.J "\ \ \ \ i I I I I ( : ,~ ! , I -I '. ~ i 'o, I c:Ji I I 0..1 ::,.1 ")1 ~I ;! . 0- ~' ~ COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM, IN TIlE COURT OF COMMON PLEAS PllIintiff CUMBERLAND COUNTY, PA v, CIVIL ACTION - LA W NO, 'I j'. ...? <j"1 J' (~{~J '&~ ARBITRATION 1-1, GERARD VOGEL, Dcfendllnt CQMr.LAL~I AND NOW COMES thc Plaintiff, Council of Westwood Villagc Condominium, by and through its attorncys, Shul1laker Williams, p,c., who file this Cornplaintand in support thcreof lIvcr as follows: 1, PllIintiffis Council ofWcslwood Village Condominium (hel'einaftcr "Council"), with a principaladdrcss at c/o Property Managcment, Inc" 1300 Market Strcet, p,O, Box 622, LCl1loyne, Pennsylvania 17043, 2, Dcfendant is 1-1, Gemrd vogcl (hercinafter "Vogel"), an adult individual, who rcsides lit 810 Charlottc Way, Suitc 203, East Pcnnsboro Township, Cumberland County, Pennsylvania 17025, 3. Westwood Village Condominium is a condominium locatcd in East Pennsboro Township, Cumbcrland County, Pennsylvania, that was ercated and cstublishcd on January 29, ] 975, pursuant to thc Unit Property Act of Pennsylvania; thc Dcelaration Crcating and Establishing Westwood Villagc Condominium (hcreinafter "Dcclaration"), and rccol'dcd in the Office of the Reeol'dcr of Dceds ofCumbcl'land County in Misccllaneous Book 213, Pagc 283, and thereafter as amended; the Code of Regulations of We~twood Village Condominillm (hereinaflcl' "Codc of Rcgullltion~"), which i~ record cd in Mi~cellaneous Book 213, Page 328 and thercafler as amcnded; and the Dcclal'Hlion Plan of Westwood Village Condominillm dated Janumy 29, 1975, and recorded in Plan Book 26, Page 13 and thel'enficr a~ amended, 4, Plaintiff is the hody which manages the husiness, operalions, affairs and propcrty of Wcstwood Village Condominium pursuant to the Unit Property Act of Pennsylvania, the Declaration, and Code of Regulations, 5, Dcfendant i~ thc owner of Unit 203, Building 3, Block 2, known as 810 Charlotte Way, Suile 203, in Westwood Village Condorninium, having acqllired title by deed dated July )9, 1990, and recorded in the Ofticc of the Recorder of Deeds ofCul1lberland County in Deed Book 34- R, Page 440, together with a propol'tionate undivided interest in the cOl1lmon clements, as defined hy the Declaration ofO,558'Yij, 6, Plainti 1'1' has the duty under Section 12 of the Declaration and under Article VII of the Code of Rcgulations to l1laintnin, repair and replace the common clements as defined in the Declaration and to make and colleetas~cssments fl'Ol11the unit owners for thc paymcnt of common expenses as defined in thc Declal'lltion, 7, Section 16A and B ofthc Declaration and Sections '102 and 703 of the Act provide that asscssments against any unit owner arc chargeable to that unit owner and shall constitute the personal liability of the unit owncr. These sections also stale that the assessments l1lay be cnforeed by suit by Council acting on behalf of the unit owners and shall he lisled hy the Prothonolary as a lis pendens, 2 8, For the year~ 1997 and 1998, pUI'~lIant to Article VII, Section I B of the Code of Regulations, Plaintiffasse~~ed the Defendant an llllnllal general a!:sessment in the umollnt 01'$66 per month consistent with the Defendant'~ respective undividcd common interest in the common clements us scl forth in the Declaration, 9, During the years of 1997 and 1998, Plaintifl'issued special assessnlCnts in the amount of $34 per month to the Defendant for increa~ed operating maintenance and/or additional capital expenses pursuuntto Article VII, Scction Ie of the Code of Regulations, 10, The general and special monthly assessments levied hy Plaintiff against the condominium unit owned hy Defendant at 810 Charlotte Way, SlIile 203, went unpaid from October, 1997 through Apri I, 1998, 11, Plainti 1'1' also has outstanding water charges from July, 1997 in the amount of $63, 79. A copy of a statement of account for the period of July, 1997 through May 4, 1998, is attached hereto and marked as Exhibit "A." 12, The Defendant has failed to make the payments as shown on Exhibit "A", leaving a balance due and owing as of May 4,199801'$889,73, 13, Pursuant to Article VII, Section 1.1. of the Code of Regulations, Plaintiff is el1lpowered to eolIcet delinquent assessments againstllnit owners together with interost, costs, filing fees and attorney fees. 14, Plaintiff has 01' will incur attol'l1ey fees in connection with this action for which Defondant is liable, 3 . erar oge Date Charge Amount Total July, 1997 Will.cr Clu\I'ge 6.1.79 (,3.7? - August, 1997 Inten,st ,32 64,11 Co' - - September, 1997 Intcl'e~t ,32 64.43 - -- -- October, 1997 Intercsl ,32 64.75 October, 1997 Monthly Asses~ment 66,00 130.75 - October, 1997 Spcciill A~se~sment 34,00 164.75 -- November, 1997 In terest ,82 165,57 November, 1997 MOlllhly Assessl1lent 66,00 231.57 November, 1997 Special Assessl1lent 34.00 26557 December, 1997 Interest 1.33 266,90 -- December, 1997 Monthly Assessl1lent 66,00 332,90 December, 1997 Special Assessment 34,00 366,90 January, 1997 Imerest 1.83 368.73 January, 1998 Monthly Assessment 66,00 434.73 January, 1998 Speciili Assessment 34,00 468.73 - February, 1998 Interest 2.34 471.07 February, 1998 Monthly Assessl1lent 66.00 537.07 Februilry, 1998 Special Assessl1lent 34.00 571.07 _. March, 1998 Interest 2.86 573.93 March, 1998 Monthly Assessment 66.00 639,93 March, 1998 Special Assessment 34,00 673,93 April,1998 Interest 3.37 677 .30 --- April, 1998 Monthly Assessment 66.00 743.30 April, 1998 Special Assessl1lent 34.00 777,30 April, 199R Legill Fees/Expenses 10R,50 885.80 - April 24, 1998 P.lyment Received < 100.00> 785,80 H G dV M~y, 1998 [ntcresl 3,93 7R9.7.l M'IY, 199R MOlllhly Asses~rncnt 66,00 R55.7 3 May, 199R Spccial Asscssmcnt 34,00 889.73 Total Amount Due $8R".7.l " ,~ \2 \VI ,... In IT' ~j' ('f'; J-;- .. ( ) C'.,J ~I./, . '" "," 1'"(' J.,.- (.1... (Jj(' r ~ ; "/ .. ~ I' Id' . I '>-"' , U:' r' . , ~~ II, (I) 0 u , 1'1 '! l :- j CJ /.. , ,.;;:) \("> r ' .'-.) {) '~ ~ ~ ~ ',- -.1. \:'..... ~ r;;-- f'.- ~ ~ ~ ~ \0- ~ ~ ~C~ )'W10NOHIO~d .................... !f.\~~) , ":,,<,Cl?';I"il/ "'f)" Uj';ijvfc;:~,.... ...9~t'r.~~~!~~~,~~,!~'!.'!~,>1'f1 ..... J6 . f. amended; the Code of Regulations of Westwood Village Condominium (hereinafter "Cocle of Regulations"), which is recorded in Miscellaneous Book 213, Page 328 and thereafter as al1lended; and the Dcclal'lltion Plan ofWeslwood Village Condol11inilllll dlltcd January 29,1975, and recorded in Plan Book 26, Page 13 and thereafter as amended, 4, Plaintiff is the body which manages thc bu~incss, operations, affairs and propcrty of Westwood Village Condominium pursuant to thc Unit Propcrty Act of Pennsylvania, the Declaration, and Code of Regulations, 5, Defendant is the owner of Unit 203, Building 3, Block 2, known as 810 Charlotte Way, Suite 203, in Westwood Village Condominium, having acquircd title by deed dated July 19, 1990, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 34- R, Page 440, together with a proportionate undivided interest in the cOl1lmon elements, as defined by the Declaration of 0.558%, 6. Plaintiff has the duty under Section 12 of the Declaration and under Article VII of the Code of Regulations to maintail1, repair al1d replace the eoml1lon clements as defined in the Declaration and to make and collect assessl1lents from the unit owners for the paYl1lel1t of common expenses as defined 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 personal liability of the unit owner, These sections also state that the assessments may be enforced hy suit by Council acting on behalf of the unit owners and shall be lisled by the Prothonotary as a lis pendens, 2 8, For the years 1997 and 199R, pUr~uant to Article VII, Section 113 of the Code of Regulations, Plaintiff assessed the Defendant 1111 IlllllUal gencl'lIlassessll1cnt in the amount of$66 pel' month consistent with the Dcfendant's J'Cspeetivc undivided common interest in the 0011111101'1 clements as set forth in the Declal'lltion, 9, During the ycars of 1997 and 1998, Plaintiff issued special assessments in the amount of $34 per month to the Defendant for increased operating maintenance andlor additional capital expenses pursuant to Article VII, Section IC of the Code of Regulations, 10, The general and special 11l0nthly assessments levied by Plaintiff against the condominium unit owned by Defendant at 810 Charlotte Way, Suite 203, went unpaid from October, 1997 through April, 1998, 11. Plaintiff also has outstanding water charges from July, 1997 in the amount 01'$63.79. A copy of a statement of account for the period of July, 1997 through May 4, 1998, is attached hereto and marked as Exhibit "A." 12. The Defendant has failed to make the payments as shown on Exhibit "An, leaving a balance due and owing as of May 4,1998 of$889.73, 13. Pursuant to Article VII, Scetion 1.1. of the Code of Regulations, Plaintiff is empowered to collect delinqucnt assessments against unit owncrs together with interest, costs, filing fees and attomey fees, 14, Plaintiff has or will incur attorney fees in connection with this action for which Dcfendant is Iiablc, 3 Date Charge Amount Total 3 July, 1997 Water Charge 63.79 63,79 August, 1997 Interest .32 64.11 Septel1lber, 1997 Interest ,32 64.43 -- October, 1997 Interest .32 64.75 October, 1997 Monthly Assessment 66,00 130.75 October, 1997 Special Assessment 34.00 164.75 ..- November, 1997 Interest ,82 165,57 -' November, 1997 Monthly Assessment 66,00 231.57 November, 1997 Special Assessment 34,00 265.57 -- - December, 1997 Interest 1.33 266,90 December, 1997 Monthly Assessment 66,00 332,90 December, 1997 Special Assessment 34.00 366,90 -" January, 1997 Interest 1.83 368.73 January, 1998 Monthly Assessment 66,00 434.73 - January, 1998 Special Assessment 34.00 468.73 " February, 1998 Interest 2,34 471.07 . February, 1998 Monthly Assessment 66.00 537,07 - February, 1998 Special Assessment 34.00 571.07 March, 1998 Interest 2,86 573,93 - March, 1998 Monthly Assessment 66,00 639.93 ..- March, 1998 Special Assessment 34,00 673.93 - April, 1998 Interest 3.37 677.30 --- April, 1998 Monthly Assessment 66.00 743.30 April, 1998 Special Assessl1lent 34,00 777.30 April, 1998 Legal Fees/Expenses 108,50 885.80 April 24, 1998 PaYl1lent Received < 100.00> 785.80 H. Gerard Vogel May, 19?R lnt(!f'('sl 3,93 7R9.73 May, 1998 Monthly Asscssmcnt /16.00 855.73 May, 1998 Special Asscssmcnt 34.00 889.73 Total Amount Due $889.73