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03-0864
ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION PLAINTIFF, VS. PAUL J. BRINIG and BONNIE A. BRINIG DEFENDANT. · CIVIL ACTION-LAW IN THE COURT OF COMMON PLEAS CUMBEPd_AND COUNrI~, PENNSYLVANIA NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 ALLENVIEW HOMEOWNERS : ASSOCIATION, INC., A : PENNSYLVANIA NON-PROFIT : CORPORATION : : PLAINTIFF, : vs. : NO.: : PAUL J. BRINIG and : BONNIE A. BRINIG : : DEFENDANT. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 or 1-800-990-9108 ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION PLAINTIFF, PAUL J. BRINIG and BONNIE A. BRINIG DEFENDANT. VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO.: · CIVIL ACTION - LAW COMPLAINT AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION by its Attorney, Karl M. Ledebohm, and makes the following complaint: 1. The Plaintiff, Allenview Homeowners Association, Inc. is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3512 Trindle Road, Camp Hill, PA 17011. 2. The Defendants, Paul J. Brinig and Bonnie A. Brinig (collectively "Defendant"), are adult individuals who reside at 604 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Defendant is the owner of the residence situate at and known as 604 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania, (the "Property")which is part of the Allenview Development and under and subject to the Declaration of Covenants and Restrictions dated April 10, 1980 (the "Covenants and Restrictions"), a copy of which is attached and incorporated herein by reference as Exhibit "A". 4. The Defendant, as the owner of the Property, is a member of the Allenview Homeowners Association,Inc. (the "Association"), and is governed by the By-Laws of the Association. 5. Article V of the said Covenants and Restrictions and Article III of the Association's By-Laws, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B" (the "By-Laws"), provide that owner shall pay annual and special assessments to the Association, which assessments are to be paid in advance on a quarterly basis. 6. Each annual assessment, payable to the Plaintiff, is determined as set forth in Article V, Section 3 of the Covenants and Restrictions and as set forth in Article III, Section 2 of the By-Laws through the Association's Board of Directors with written notice of the assessment to be sent to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and Restrictions. 7. The Defendant was notified that the following annual and special assessments were due and payable to Plaintiff in advance: A. Assessment for 1st quarter, 2nd quarter, 3rd quarter and 4th quarter of 2002 due on March 1, June 1, September 1, and December 1, 2002, respectively, in the amount of TWO HUNDRED EIGHT AND 00/100 DOLLARS ($208.00) each. 8. Defendant purchased the Property under and subject to the Covenants and Restrictions and the By-Laws and became personally liable therefor. 9. Defendant is in default of his obligations to make payment of the amounts due to the association and by letter dated November 19, 2002, Plaintiff exercised its rights under the Covenants and Restrictions and the Planned Unit Development Act and accelerated all amounts due to Plaintiff for 2002 and demanded payment of all amounts due to Plaintiff for 2002. A Copy of Plaintiff's demand is attached hereto and made part hereof as exhibit "C". 10. Plaintiff received and applied to the amounts due to Plaintiff by Defendant a partial payment in the amount of $430.00 on or about February 3, 2003 without waiver of any demand for the payment of all amounts due to Plaintiff and without postponement of any rights or remedies available to Plaintiff to collect the balance of the indebtedness. 11. By letter dated February 3, 2003, Plaintiff informed Defendant of the application of the above partial payment and continued to demand the immediate payment of all amounts due to Plaintiff. A copy of Plaintiff's letter dated February 3, 2003 is attached hereto and made part hereof as Exhibit "D". 12. As of the date hereof, Defendant has refused and failed to make payment of the amounts due to Plaintiff for 2002 and as of the date hereof, Defendant is indebted to Plaintiff in the amount of $1,423.64 calculated as follows: a. Balance due for first quarter 2002 b. Dues for second quarter 2002 c. Dues for third quarter 2002 d. Dues for fourth quarter 2002 d. Attorney's fees e. Total due to Plaintiff as of the date hereof. $ 44.64 $2O8.OO $208.00 $208.00 $755.00 $1,423.64 13. Article V, Section 9, of the Covenants and Restrictions provides that the Association has the right to collect all delinquent assessments together with such interest thereon and the cost of collection thereof; and if the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of the delinquency at the rate of six percent (6%) per annum together with reasonable legal fees and costs of suit. 14. The Defendant, has damaged the Association by his failure to make payment of the assessments in accordance with the By-Laws and the Covenants and Restrictions. 15. Despite Plaintiffs demands, Defendant has refused and continues to refuse and fail to make payment of the amounts due to Plaintiff under the By-laws and the Covenants and Restrictions. WHEREFORE, Plaintiff demands judgment against the defendants, Paul J. Brinig and Bonnie A. Brinig, in the amount of ONE THOUSAND FOUR HUNDRED TWENTY-THREE AND 64/100 DOLLARS ($1,423.64), plus additional interest at the rate of six (6%) percent per annum after the date of this complaint and including on and after the entry of judgment hereon, and additional legal fees and cost. Respectfully submitted, P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 ALLENVIEW HOMEOWNERS : ASSOCIATION, INC., A : PENNSYLVANIA NON-PROFIT : CORPORATION : : PLAINTIFF, : vs. : NO.: : PAUL J. I~RINIO, and : Bonnie A. BrinJ.~; : : DEFENDANT. : IN THE COURT OF COMMON PLEAS CUMBE~D COUNTY, PENNSYLVANIA CIVIL ACTION-LAW VERIFICATION I, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Allenview Homeowners Association, Inc., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ALLENVIEW HOMEOWNERS ASSOCIATION, INC. Property Mala~ by Allenview, Inc., successor to Brenemsn and Calabrese, hereinafter called Developer of Allenview Planned Residential Development, hereinafter called Allenview, located in Upper Allen Township, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and desires to create thereon a residential coa~unity with permanent parks, playgrounds, open spaces, and other common facilities for the benefit of the said com~nunity; and W~tEREAS, Developer desires to provide for the preservation of the values and amenities in ~sid cormnunity and for the maintenance of said parks, playgrounds, open spaces and other common facilities; and, to this end, de- sires to subject the real property described in Article II, together with such additions as may hereafter be made thereto (as provided in Article II), to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WI~ILEAS, Developer has deemed it desirable, for the efficient preser- vation of the values and amenities in said cou~nunity, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and ~nforcing the cove- nants and restrictions and collecting smd disbursing the assessments smd charges hereinafter created; and WHEREAS, Developer has incorporated under the laws of the Commonwealth of Pennsylvania, as · non-profit corporation, THE ALLENVIEW HOME OWNERS AS SOGIA- TION, for the purpose of exercising the functions aforesaid; - i - EXHIBIT "A" NOW, THEREFOI~, the Devslopar declares that the real prol>er~y dsacr~bed in Article II, and such additions thereto sa may hereafter I>e made pursuant to Article Il hereof, is and shall be held, transferred, sold, con- veyed and occupied subject to the covenants, restrictions) easenmnta, charges and liens (aomettmes referred to ss "covenants and restrictions") hereinafter set forth. AR_~T ICLE I DEFINITIONS Section 1. The following words, when used In this Declaration or any Supplemental Declaration (unless the context ahell prohibit), shall have th~ following meanings: (a) "Associstlon" ~hsll mean end refer to the Allenview Home- owner~ Association. (b) "The Properties" shall mesn and refer to all such existing properties, and addition~ thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article I1 hereof. (c) "Con,non Properties" shall mean and refer to only thoae areas of land shown on shy recorded subdivision plst of The Properties and intended to be devoted to the cormnon use and enjoyment of the owners of The Properties, snd may include the lsnd snd improvements for streets, easements, parks, playgrounds, swimming pools, pedestrisn- ways, and any buildings, structures or appurtenances incident thereto, subject to the reservations contained in Article IX, Section 4 hereof. (d) "Lot" shsll mesh snd refer to any plot of land ~hown upon any recorded subdivision map of The Properties with the exception of Con.on Properties ss heretofore defined. (e) "Llvln$ Unit" ~h~ll mean and refer to ~ny portion of a building situated upon The Properties designed and intended for use end occupancy as s residence by a single f~mily. - 2 - (f) "Completed Living Unit" ·hall mean and refer to any portion of a building situated upon The Properties designed and intended for use end occupancy a· e residence by · single family for which en occupancy permit has been received from the appro- priate township offic~al. (g) "Single Family Detached Dwelling" shall mean · bulldl~ ubed by one family, having only one living unit sod t~o s£de yards. (h) "Single Family Semi-Detached Dwelling" shell mean · build- lng used by one family, having one living unit end one side yard end one party wall in common with another building. (i) "Single Family Attached Dwelling (Row)" ·hell mean a building o·ed by one family ·nd having One living unit and two party wall· tn ¢oramon with other bulldlnga (such es townhouses). (J) "Multi-Family Dwelling" shall mean a building used by three or more families living independently of each other end doing their own coursing, Including apartment houses, or townhousea. (k) "Owner" shall mean ·nd refer to the record OWner, whether one or more person· or entities, of the fee ·lmple title to any Lot or Living Unit alto·ted upon The Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee baa acquired title purauent to foreclosure or any proceeding in lieu of foreclosure. (1) "Member" shsll mean sod refer to all those Owner0 who ere members of the Association ss provided in Article III, Section hereof. (m) "Developer" shall mean and refer to Allenvtew, Inc., eu¢ces6or to Brenemen and Celabrese., and to such other ~raon or legal entity to whom Allenview, In~., auccessor to Breneman and Calsbreae, expresaly maSign the rights of the Developer herein in writing. - 3 - ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section 1. Existing Property. The real property which ia, an~ ,hall bm held, transferred, sold, conveyed, and occupied subject to this l~claration ie located in Allenview, and is more particularly described at Stage III, Ssction C, To~'nhouae Plata Nog. 7A, 7B': 7C, 7D, 7E, 7F, 7G, 7H; aA, aB, 8C, SD, SE, gF; 9A, 9B, 9C, 9D, 9E, 9F, 9G; iOA, lOB, 10C, iOD, iOE, 10F, 10G, iOH, all of which real property shall hereinafter be referred to ae "Existing Property." Section 2. Restrictions for Uae and Development. The Lots outllnes on said plats for State Ill, Section C, shall be subject to the follo~ing restric- tions: (a) Land Use and Building Types. The land shall be used and buildings of the following type and no other shall be designed, erected, maintained and occupied on said lots:' "Single Family Attached Dwelling (Ro~) ". (b) Building Location and Landscaped Yards, No building or any part thereof shall be erected or maintained closer than twenty- five (25) feet to any Btreet and, in the case of Mt. Allen Drive, Hertzeler Road, and all exterior boundaries of Allenview, a building setback of not less than fifty (50) feet shall be maintained. Not- withstanding the above an unoccupied open space shall be designed, landscaped and maintained In the front, side and rear yards of each Lot, the depth of which shall be not less than shown on the recorded Final Subdivision and Land Development Plan. (c) Outdoor Stora~ Areas. Firewood, bicycles, law~ mowers, garden tools, furniture and all other such articles shall be stored in areas appropriately located on the Lot to the rear of the dwelling and garage, and set back from all Lot lines as mentioned above and screened from all streets, side and rear Lot lines, with a structure, shrubs or hedge, in s location and manner approved by the Architectural Control Committee. (d) Completion. All dwellings and garages shall be completely finished on the exterior and all grading and seeding shall ba done ~lthln one (l) year of the start of cons[ruction or ground breaking. Any excess earth or ground from any construction ~hJll be the prop- erty of the Developer and shall be removed by the Lot o~rner at expense to a place designated in the development and dete rmlned by the Developer. (e) Fences, Hedges and Shrubs. Fences, hedges and Bhrub~ not be erected, planted or maintained In the above required yard spaces or along the Lot lines of mny Lot unless approved by the Architectural Control Corantttee. (f) Sight Distance. All trees, shrubs and structures shall be located and maintained Bo that the sight distance from vehicle~ is not obstructed st all street and driveway Intersections. (g) ~arkin~ Spaces. Not less th~n two (2) improved parking spaces (10' x 20') shall be located on the same Lot as each Living Unit. (h) Easements. All Lots and Lot Owners are subject to ~ll cove- manta, reBtrictions, rights-of-way and easements of record, subject to all present or future zoning ordinances or bulldlng regula- tions of the Township of Upper Allen, Cumberland County, Pennsylvnnt~. (1) NulBanceB. No noxious or offensive actlvity ~hall be carried on upon any LOt, nor shall anything be done thereon which may be or may became sn annoyance, nuisance, or of ~esthetic damage to the neighborhood, nor upon any street In Allenview. (J) Tempor~r~v Structures. No tempor.ry dwellings shall be erected or maintained on any Lot. Garages, basements or any [empor~ry structure shall not be used for human habitation. No prefabricated construction or otherwise, or any cbncrete slab foundation shall be permitted unless specifically approved In writing prior thereto by the Developer. No trailers, motor hom~s, tents, shockm, barns or boat~, or any type of outbuilding, unles~ previou,ly approved In writing by the Developer, shall be erected on shy Lot, nor parked on a ~treet in Allenvlew. (k) ,Signs, No sign of any kind whsll be diwpleyed to public view on eny Lot except one sign of noC ~re then five (5) square feet advertising the property for sale or rent, or signs used by s builder to ,dvertime the property during construction sod/or the original sale period. (1) Livestock and Poultry. Animals, livestock or poultry, ex- cepting household pets, shell not be raised, bred or kept on eny Lot. Household pets may be kept, provided they ere not kept, bred or mein- rained for any cou~nercial purposes. Notvithstandin8 the above, the non~con~nercisl keeping of horses or ponies for the recreetion use by the O~er of s Lot will be permitted on Lots of five (5) acres or mOre, se provided in Section 2(a) hereof. An accessory structure shall be permitted on a Lot only ~hen approved by the Architecturel Control Cou~nlttee. (m) Garbage and Refu6e Disposal. The O~nera of all Lots shall, at their expense, connect to the puolic sewer and water systems. No Lot shall be used or maintained as a dumping grour.d for rubbish. All trash, garbage or other vaste shall be kept in sanitary containers and placed in specified locations for collection. The burnin8 of trash, debris and leeves shall not be permitted on a Lot. (n) Delay of D~ellin~ Construction. Should the O~ner of any Lot not construct a home ~ithin one {1) year of the purchase of said Lot, then the Lot O~ner must seed and maintain the Lot so ss not to detract from the overall development. (o) Architectural Control Conm~lttee. The O~ner of a Lot shall not con, hence construction o~ s d~elllng, ~srage, or any other per- mitred structure until the Ar~hitectural Control Con~ittee has re- viewed end approved the proposed plan sho~lng the type of strucCure to be placed on said Loc. The provisions of this section shell not apply to Developer durln8 original construction. (p) Street Lights. Street lights o~ a uniform design ~hall be installed ~hrou~hou~ Allenvle~ under the supervision o~ the Developer and the Architectural Control Committee. - 6 - (q) Utility Service Line*. All utility service llnea ahall be £natalled underground where fea*lble. Section 3. Additions to Extating Property. Additional landa may be- come aubJect to thia DeelarBtion tn the following menner: (a) Additions in Accordance with the Tentative Development and Stage Plan. The Developer, Its aucceasors and assigns, shall have the right to b. rlng within tho/acheme of this Declaration additional properties in future siege, of the development~ sa generally outlined on th~ Tentative Development and Staging Plan dated February 25, 1980, and flied of record In the Office of the Recorder of Deeds in and for Cumberland County~ Pennsylvania, in Plan Book 251, at Page 737. Said Tentattv~ Development and Staging Plan outllnea the propoaed additions to the Exiatlng Property end contains: (1) a general indication of size and location of the additional stsgea for development of the following uses and building typee: STAGE III - Single Family Det.ched D~ellinga Single YBmlly Semi-Detached Dwelling8 (Duplexes) Single Ftmily Attached Dwellings (Townhouses) Ap.rtments (3-story Gsrden Type); (2) the ~pproxim~te size .nd location of cou~rnon propertie. reserved for dedication with e~ch atsge; (3) the general nature of proposed common f.cllitiea and improvements, including the provision of Improved yard spscea and not less than two (2) improved parking spaces required to serve all Living Units, including the Apartment and Townhouse propertie.; (&) a statement that the proposed additions, if made, will become aubJect to asse.sment for their ]uat ahare of Aaaoctation expenses; ~nd (5) ~ schedule for termin*tion of the Developer'8 right under the provision of thta suboaeetlon to bring additional de- velopment stages vtthln the ~eheme. - ? - Un[aaa other~tae atated [hereln~ aatd Tentative Deve[oJ:~ent and Staging Plan ~ha[[ not bind the De ve2oper, ICa lucceaaora to make the propoaed addtttona or to adhere Co the Plan tn any aubae- quent development of the [and aho~m thereon anti the Tentative Develop- ment end Staging Plan contains a conaplcuoul Jtatemen£ to this el/ecl. The addlttona authorized under thlj end the eucceedlng aub-eec- lion ehall be made by filing of record a Fine[ Subdlvlaton and Land Development Plan for each Stage and a Supplementary DeClaration of Covenanta and Reatrtctlons with respect to the additional property. The location and arrangement of butldtnga, atreeta, yards and open apace end the at[e and bulk of butldlnga aa Indicated on the Ten- tattve Development end Staging Plan may be amended~ revised, altered or changed lubject to the approval of Upper Alien Townahtp provided, however, that the use of the land ahail be limited to one or more of the within described resfdenttal bulldtng types. Such SupplemenCary Declarutlon may contain such complementary addtttona and modifications of the covenanta and restrictions contained In thta Declaration ae may be necesaary to reflect the dif[erent char- acter, If any, of the added propertle8 and aa are not l~conalstent with the scheme of this Declaration. In no event, however, shall such Supple- mentary Declaration revoke, modify or add to the covenants eatabltahed by chis Declaration within the Existing Property. (b) Other Addttlone. Additions other than thoae authorized by aub-aectlon (a) herein may be made upon approval In writing of the Aaaoctatton pursuant to approval by a two-thirds (2/3) VOte of each class of memberahtp, aa demcr, tbed In Article II1, Section 2. The Owner of any property ~ho de,ires to add It to the scheme of thte Declaration and to aubject It to the ]urladlctlon of the may file or record a Supplementary Declaration of Covenants and Re- atrtcttona, as described tn subsection (a) hereof. (c) Herger~. Upon a merger or conaoltdatton of the ^aeoctatton with another association ss provided In tta Arttclea of Incorporation, Ira propertiea, rights and obligations may~ by operation of law , be - 8 - ternatlvely, the properties, rights and obligations of another asso- ciation may, by operation of lsw~ be added to the properties, rights and obligations of the ^asoclatlon a. a ~urvlvlng corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and reetrictton~ established by this Declaration within the Existing Property, together with the covenants and restrictions established upon any other pro~irttea aa one scheme. No such m~rg*r or consolidation, however, shall affect any revocation, change or addi- tion to the covenants established by this Declaration within the Exist- lng Property exc'ept as hereinafter provided. ARTICLE III MEP[BERSHIP AND VOTING RIGHTS IN TiE ASSOCIATION Section 1. Membership. Every person or entity who ia a record Owner of a fee or undivided fee in any Lot which ts subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such ~reon or entity who holds ~uch Interest merely as a security for th~ performance of an obligation shall not be a member. Section 2. Voting Right__~. The Association shall have two clas~ea of voting membership: Class A. Class A members shall be all those Owners as defined in Section i with the exception of the Developer. Class A members shall be entitled to one vote for each Lot (or Living Unit) in which they hold the interests required for membership by Section 1. When more than one person holds such interest or interests in any Lot (or Living Unit), all such persons shall be members, and the vote for such Lot (or Living Unit) shall be exercised aa they among themselves determine, but in no event shall more than one vote be cast with re- spect to any such Lot (or Living Unit). Class B. Class B members shall be the Developer. The Class B member shall be entitled to three votes for each Lot in which it holds the interest required for membership by Section I (and for every Living Unit in any Multi-Family Structure owned by it until such Unit is first sold), provided that the Class B m~mberahip shall cease and become converted to Class A Membership on the happening of any of the following events, whichever occurs earlier: - 9 - (a) when the tote! votes outstanding in the CLaes A ~emberahLp equal the total votes outstanding tn the ¢[ae~ B membership; or (b) seven (7) years from the date hereof. From end after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be s Ciasa A member entitled to one vote for each Lot (or Living Unit) in which it holds the interests required for membership under Section (For purposes of determining the votes allowed under this Sec- tion, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted.) ARTICLE IV PROPERTY RIGltTS IN Tt~ COM~E)N PROPERTIES Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Cotmnon Properties end such easement shall be appurtenant to and shall pas~ with the title or lea~e to every Lot (or Living Unit). Section 2. Title to Common Properties. Notwithstanding any provision herein, the Developer hereby covenants, for itself, £ts heirs and assigns, that it shall convey es Common Properties the following: (a) Rights-of-way and easements for streets, sanitary sewers and storm drainageways with completed Improvements tn place shall be constructed in accordance with the applicable provisions of Upper Allen Township, and shall be offered for dedication to Upper Allen Township. (b) The title to cotr~non open space for parks, recreation and other common facilities with Improvements in place shell be trans- ferred to the Association under the condition that the Association shall have or hire adequate 'staff to administer common facilities and maintain the tort, non open spice. (c) Easements for water, electric, telephone, television, smd other utility eervices, shall be provided to the respective operating companies. 10 - Section 3. Extent to Members~ Easements. The rights and easements enjoyment created hereby shall be subject to the following: (a) The right of the Association, in accordance with Its Articles of Incorporation and By-Lawa~ to borrow money for the purpose of Im- proving the Common Properties and in aid thereof to mortgage said prop- ertles. In the event of s default upon any such mortgage, the lender's rights hereunder shal! be limited to a right, after taking possession of such properties, to charge admlsslon~ sod other fees as a condition to contlnuedenjoyment by the members and, If necessary, to open the enJ~y~c~t of such properties to a ~tder public unt£[ the mortgage debt is satisfied; whereupon the possession of such properties shall be re- turned to the Association and si[ rights of :he Hembers hereunder shall be fully restored; and (b) The right of the Association to take steps as are reason- ably necessary to protect the above~described properties aga~nsC ~ore- closure; and (c) The right of the Association, as provided in Its Articles and By-Laws, to suspend the enjoyment rights of any Nember for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of Its published rules and regulatlona; and (d) The right of the Association to charge reasonable admission and other feea for the use of the Cora'non Properties; and (e) The right of individual Nembera to the exclusive use of parking spaces as provided In Section ~ hereof; and (f) The right of the Association to dedicate or transfer all or any part of the Corrunon Properties to any public agency, authority, or utility for such purposes and subject to such conditions as msy be agreed to by the Nembers, provided that no such dedication or tranafer~ determination as to the purposes or as to the conditions thereof, ahall be effective unless an Instrument signed by ~embers entitled to ca~t tt*o-th£rds (2/3) of the votes of each class of membership has been - Il recorded, agreeing to much dedlcatlon~ tran, fer~ pur po,e or condition, end unleam written notice of the propomed mgreeu~nt mad mc[lan there- under is men[ to every Member mt lemmt ninety (90) daya in advance any ac[lan to be tmken. It im undermtood mad agreed thmt no much public agency or authority la obligated to accept any much dedlcmtlon or ir,nm- far; and (g) In the event that the Asaociatlon mhall, at any time, fall to mmintaln the co[renan properties under itu jurlmdlction in remmonable order mad condition in accordance with the development plan, Upper Allen Township may serve written notice on the Associmtlon or the (>where Jetting forth the manner In which the Association baa failed to main~ lain the common open space in reaaonable condition; and maid notice mhmll include a demand ~hat such deficiencies of mnlntenmnce be cured within thirty (30) days ~hereof and shall elate the dote and place of m hear£n~ thereon which shall be held within fourteen (14) days of the notice. At ouch hea~lng, the Township may modify the tar ma of the original notice ms to the deficiencies and may give ~n extension of time within which they shall be cured. If the deficiencie~ ~et [orth in the original notice or tile modifications thereof shall not be cured within said thirty (30) days or any extenalon thereof, the Township, in order to preserve the taxable v~lues of the properties within Allen- view and prevent the common open space from becoming ~ public nuloance, moy enter upon ~ld co~n open ~pace ond molntoln the ~e for ~ per- iod of one year. Said entry ond maintenance shall not vest In the public any right~ to use the co--on open ~p~ce exce pt when the ~ame 1~ voluntmrily dedicated to the public by the re~ident~ ~nd Owner~. Before the expiration of ~1~ year, the Townmhip ~ho[l, upon initiative or upon the request of the Asoociotlon call ~ public hemr- lng upon notice to the A~ocl~tion and Owners to be held by the Town- ~hlp, ~ which hearing ouch A~socl~tion and Ownero oholl ohow cou~e why ~uch m~lntenonce by the Town~blp shall not, at the election of ~he Township, continue for a ~ucceedlng yeor. If the Town~hlp sh~ll 12 - determine that the Association ia ready and able to maintain said common open apace in a reasonable condition, the Township shall cease to maintain said corrrnon open apace at the end of auld year. If the Township shall determine the Association ia not ready and able to maintain said cat.man open apace in s reasonable condition, the To~n- ship may, at its discretion, continue to maintain asid common open space during the next succeeding yeBr end, subject to a similar hear- ing and determination, tn sacb year thereafter. The decision of the Township in any such case shall constitute s final administrative de- cision subject to judicial review. The cost bf such maintenance by the Township shall be assessed ratably against the properties wlthin Allenvlew that have s right of enjoyment of the corm~on open space and shall become a tax lien on said properties, Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which ia sub- ject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued, provided such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages and the transferee shell not be liable for payment of any assessments or charges accruing prior to auld fore- closure; but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accru- ing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such chscges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to such asseasment~l or charges, with the intent that no such charges shall at any time be prior in lien of any mortgage or mortgages whatsoever on such property. The Township, at the time of entering on said conmmon open apace for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the County on the properties affected by such lien within the planned residential development, Section 4. Parking RIRhts. The Association shall maintain upon the Common Pro p~rties at least two (2) parking space· for each Living Unit in ares· developed with Tow·houses and Apartment·. Subject to reasonable rules and con- ditions, the A·soclation shall designate ·t lea·c two (2) parking spaces conven- iently located with respect to each Living Unit for the exclu·lve uae of the ~mbers residing therein, their families sad guests. The use of such space by any other member or person may be enjoined by the Association or the Members entitled thereto. The right to the exclusive use of such parking ·pace and to its maintenance sad designation by Lhe Association shall be appurtenant to and shall pass with the title to each Living Unit. ARTICLE V COVENANT FOR MAINTENANCE ASSESSI'~NTS Section 1. Creation of the Lien and Personal Obligation of Asses·ments. The Developer for each Completed Living Unit owned by him within The Properties hereby covens·ts and e&ch Owner of any Completed Living Unit by accepts·ce of · deed therefor, whether or not £t shall be so expressed in any such deed or other conveyance, shall be deemed to covenant smd agree to pay to the Association: (1) annual aa·sa·me·ts or chargea; (2) special assessments for capital improve- ments, such ··sesame·ts to be fixed, established, and collected from time to tinge as hereinafter provided. The annual and special aa·es·manta, together with such Interest thereon and costs of collection thereof, ss hereinafter provided, shall be a charge on the land and shall be s continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, ss hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell ~ue. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in The Properties and in particular 14 - for the improvement and maintenance of properties, services, and facilities de- voted to chis purpose and related to the use and enjoyment of the Co~non ?rop- erties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement end addi- tions thereto, and for the cost of labor, equipment, materiels, managements and supervisions thereof. Section 3. Basis of Annual Assessments. The Association, through its Board of Directors, shall fix the enduel assessment per lot based upon the estimated cost of carrying out the responsibilities of the Association. There shall be two types of annual assessment as follows: (a) General assessments applicable to all record owners of Iota upon which are constructed single-family or two-family dwellings, townhousee, apartments and condominiums. Said properties shall be assessable for the following purposes only: (l) The lawns end planting aa outlined on the Final Sub- division Plans under the title of Common Open Space. (2) The sidewalks and pedestrisnways in the public rights- of-way easements and in common open space es outlined on the Final Subdivision Plans. (3) Outdoor lighting in public rights-of-way and on common properties. (4) Essential improvements ~ch as drives, sanitary sewers, water lines, fire hydrants, storm sewers, fences, signs end other facilities essential for :he use and maintenance of Common Prop- erties. (5) Recreation facilities such as swimming pools, tennis courts, playground equipment, picnic facilities and any struc- tures or appurtenances related thereto. (6) Liability and Property Damage Insurance relating to the aforementioned Cormnon Properties. (7) Capital Reserves aa deemed necessary for replacement of the aforementioned Coranon Properties. - 15- (8) 'Trssh Collection Service. (9) ~negement Services. (b) Limited assessments applicable only to record o~ers of living units in Stage 2-B - S& townhouses, Stage 3=B - 106 townhouses, Stage 3-A - 52 apartments or condominiums, end Stage 3-C - 36 apart- meats or condominiums. Such limited assessments shell be assessable for the following purposes and shall be an additional assessment over end above that provided under Section 3(e) above: (1) Perking lots sad related improvements. (2) Lawns and planting. (3) Exterior of townhouse and apartment buildings. Limited assessments shall not be applied ssainst property owners of single-family or two-family dwellings. Section fi. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year s special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital im- provement upon the Cou~uon Properties, including the necessary fixtures and per- zonal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy st s meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Section 5. Chan~e tn Basis and Maximum of Annual Assessments. Subject to the limitations of Section'3 hereof, and for the periods therein specified, the Association may chang~ the maximum end basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are votin~ in person or by proxy, st a meeting duly called for this purpose, written notice of which shall be sent to all Members at least - 16 - thirty (30) days tn advsnce snd shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not spply to shy change in the maximum and bssis o[ the sssessments undertsken as an incident to a merger or consolidation in which the Association ts authorized to partici- pate under its Articles ut Incorporation and under Article II, Section 2, hereof. Section 6. quorum for Any Action Authorized Under Sections 4 and The quorum required for any action authorized by Sections 6 and 5 hereof shall be ss follows: At the first meeting celled, as provided in Sections 4 and 5 hereof, the presence at the meeting of Hembera, or of proxies, entitled to cast sixty (60Z) percent of all the votes of each clsss of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meet- ing may be called, subject to the notice requirement set forth in Sections ~ mhd 5, and the required quorum st any such subsequent meeting shall be one-half of the =equired quorum at the preceding meetlng~ provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Asso- ciation to be the date of commencement. TIie first annual assessments shall be made for the balance of the calendsr year and shall become due and payable on the day fixed for con~nence- ment. The assessments for any year, after the first year, shall become due and payable on the first day of Hsrch of said year. The amount of the annual assessment which may be levied for the bal- ance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Sectlon 3 here- of as the remaining number of months in that year bear to twelve. The same re- duction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now sub- Ject to assessment at a time other than the beginning of any asBessment period. - 17 - The due date of any special aaBelament under Section G hereof shall be fixed tn the resolution authortzin$ .uch assessment. Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of coa~encement and the amount of the assessment against each Completed Living Unit for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare · roster of the properties and assessments applicable thereto whLch shall be kept in the office of the Association and shall be open to inspec- tion by any Owner. Written notice of the a6sessment shall thereupon be lent to every Owner subject thereto. The Association shall, upon demand, at any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certifi- cate shall be conclunive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Non-Payment of Assessment: The Personal Obli~a- lion of the Ownerl The Lieni Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and c~at of collection thereof, as hereinafter provided, thereupon be- come a continuing lien on the property which shell bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, how- ever, shall remain his personal obligation for the statutory period and shall not peas to his socceasora In title unless expressly assumed by them. if the assessment is not p0'td within thirty (30) days after the de- linquency date, the assessment shall bear Interest [tom the date of delinquency at the rate of seven (7~) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to fore- close the lien against the property, smd there shall be added to the amount of 18- such assessment the costa of preparing and filing the complaint in such action, end, in the event a Judgment is obtained, such Judgment ,hall include interest on the assessment aa above provided end a reasonable attorney's fee to be fixed by the court, together with the costs of the action. Section 10. Subordination of the Lien to Hortgases. The lien of the assessments provided for herein ehall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only £o the assessmente wh£ch have become due and payable prior to s sale or transfer of such property pursusnt to a decree of foreclosure, or any other proceeding tn lieu of fore- closure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such eub- Section Ii. Exempt Property. The following property subject to this Declaration shall be exempted From the assessments, charges and 1tens created herein: (8) 811 properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to pub- lic use; (b) all Common Properties as defined tn Article 1, Section 1, hereof; (c) all properties exempted from taxation by the laws of the Cornmonwealth of Pennsylvania, upon the terms ~nd to the extent of such legal exemption. Notwithstanding any provisions herein, no Completed Living Unit devoted to dwelling uae shall be exempt from said assessment, charges or liens. ARTICLE VI PARTY WALLS FOR DUPLEXES~ APARTHENTS AND TO~NltOUSES Section 1. General Rules of Law to Apply. Each wall which is built .as part of the original construction of the homes upon The Properties and placed on the dividing line between the Iota shall constitute a party wall, and to the extent not Inconsistent with the provisions of this Article, the general rule. of law regerding percy walla and of liability for property damage due to n~gli- gent or willful acta or omlasiona ehall apply thereto. - 19 - Section 2. Sherlng of Repair and Haintenance. Tha cost of reaaon~ble repair and m~tntenance of s party wall shall be ahared by the Ch.mera vho make uae of the wall in proportion to such use, Section 3. Destruction b~ Fire or Other Casualty. If a party wall la daatroyed or damaged by fire or other casualty, any Owner who has used the w, li may restore it, and if the other Owners thereafter make use of the vall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negli- gent or wlll£ul acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of chis Article, an Owner who, by his negligent or willful act, causes the party wall to be exposed to the etements shall bear the whole cost of furnishing the necessary protection sgslnst such elements. Section 5. Right to Contribution Runs with Land. The right o[ any Owner to contribution from eny other Owner under this Article shall be appur- tenant to the land and shall pass to such Owner*s successors in title. Section 6. Arbitration. In the event of any dispute arising concern- Lng a party vall~ or under the provisions of this Artlcie, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitra- tor, and the decisions of a majority of all the arbitrators shall be final a nd conclusive o~ the question involved. ARTICLE VII ARCHITECTURAL CONTROL COMNiTTEg Section 1. Review by Committee. No building, fence, w,ll or other structure shall be commenced, erected or maintained upon The Properties, nor - 20- shall any exterior addition to or change or alteration] therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to end approved in writing as to harmony of external design and location in relation to surrounding struc- tures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or Its designated corrrnittee, falls to approve or disapprove such design and ,locatlon within thirty (30) days after said plans and specifications have beqn submitted to it, or in any event, if no autt to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and chis ArticLe w111 be deemed to have been fully compiled with. ARTICLE VIII EXTERIOR /qAINTENANCE Section i. Exterior Maintenance. In addition to maintenance upon the Coamaon Properties, the Association may provide exterior maintenance upon each Completed Living Unit which is subject co assessment under Article V hereof, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exter- ior building surfaces, trees, shrubs, grass, walks, and other exterior improve- meats. Section 2. Assessment of Cost. The cost of such exterior mainten- ance shall be assessed against the Living Unit upon which such maintenance la done and shall be added to and become part of the annual maintenance assessment I Alterations for the purpose of this section shall include, inter alia, the following: The installation, painting and repair of any shutters, awnings, wlndo~boxes, doorsteps, stoops, porches, balconies, patios, and mll exterior doors and windows (including storm doors and windows), exterior carpeting, or other fixtures designed to serve a Llving Unit but located on the exterior of said unit and shall require the submission to and prior approval of the Archi- tectural Control Committee. - 21- or charga to wh£ch much Living Unit lm mubject under Article V hereof and, as p~r~ of much ·nnu~l ·mmeJmment or charge, £t ah·l! be · Ilea ~nd obl£gation of the Owner ·nd mhall become due and payable In ·Il reapecta aa provided In Article V hereof. Provided that the Board of DirectorJ of the Asmociation, ~hen eat·blishing the annual ssseasment against each Living Unit for any assessment year as required under Article V hereof, m~y sdd thereto the estimted cost of the exterior maintenance for that yesr but shall, thereafter, make such adjust- ment with the Owner ss is necessary to reflect the ·ctual cost thereof. Section 3. Access st Reasonable ttours. For the purpose solely ol performing the exterior maintenance authorized by this ^rttcte, the ^saocistton, through its duly authorized agents or employees, shall }eve the right, after reasonable notice to the Owner~ to enter upon say Lot or exterior of any Living Unit at reasonable hours on any day except Saturday or Sunday. ARTICLE IX GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declara- tion shall run with and bind the land, and shall inure to the benefit of and be · nforceable by the Developer, the Association, or the Owner of ·ny land subject to this Declaration, their respective legal representatives, he£rs, and assigns, for a term of twelve (12) years from the date this Declaration Is recorded, after which time said covenants shall be automatically extended for lucca·alva periods of ten (lO) years unless an Instrument signed by the then Owners of two-thirds (2/3) of the Lo t~ has been recorded, agreeing to change covenants and restrictions In whole or in part. For purposes of meeting the thirds requirement, when Completed Living Unit* are counted, the Lot or Lots upon which such Completed Living Unit? are situated ~hall not be counted. Pro- vided, however~ that no such agreement to change shall he effective unless made · nd recorded three (3) years tn advance of the effective date of such change, and unless written notice of tbs proposed agreement is sent to every O~ner least ninety (90) days tn advance of any action taken. 22- Section 2. Notices. Any notice required to be ·est to any Member or Owner under the provisions of this Declaration ·h·lt be deemed to have been property sent when matted, postpaid, to the last known ·ddress of the per·on who · ppears as Member or Owner on the records of the Associ·tion mt the time of such mmttlng. Section 3. Enforcement. Enforcement of these covenants snd reatr£c- lions shall be by ·ny proceeding ·t 1~ or in equity ·gslnst any person or per° sons violating or ~ttempting to vtola t~ any covenant or restriction, either to restrain viol·lion or to recover dsmsges~ snd ag·inst the land to enforce any lien created by these covenants; ·nd f·ilure by the Association or mny Owner to enforce sny covenant or restriction herein cont·ined shmll in no event be deemed · waiver of the right to do so theresfter. Section ~. Reservation. The Developer has submitted to the author- Ities of Upper Allen Township certain plans for the future development of the re~l property desoribed in Article II of this Declsration and such sddition~ thereto as m~y hereafter hsve to be msde pursuant to Article Il, said ptsns hsvo lng been submitted In order to fulfill the requirements of township ordlnsnces ~nd the Pennsylvania Municipalities Pl.nning Code. Said plans are on file with Upper Allen Township. The Developer may be required to mske addltlon~l submis- sions of plans to ·aid authorities. All such plans are part of the public con- trois Imposed by the Township Board, the developers, owner·, residents and users of the project and they do not create, and are not intended to create, Shy priv·te property or contract rights in the owners and residents of the project. The plmn~m which the Developer has submitted to the township suthorltles represent · plan of develoF, ment which the Developer believes will provide maximum benefits to the residents, owners snd the public. During the extended development progr·m, ~ ever, various f·ctors can intervene which m·y hinder the effectiveness of such long-range plsns and ~hich m.y threaten the beneflt~ to be derived by the resi- dents, owners and the public unless such plans cmn be modified as prescribed by the sppllemble town·hip ordinances. Accordingly, this Decl·rmtion 1· not Intended to nor doe· it grmnt or cremte any prtwte property or contrsct rights under any - 23- o[ the above described plans and such 'plsns' continue to remsln subject to modi- Elcatlon by the proper townmhlp suthorltlem tn accordance with the proceduras set forth in the ordlnance~ of the townshlp and the Pennsylvania Hunlctpslitlem Planning Code. Section 5. Coordination of Finish Crsdln~ end L~ndscepln~ Operation.. To pennlt the coordination of finish grading and lsndacap£ng operations and the provision of permanent and/or temporary storm drainage facilities as development ~ork progresses from lot to lot, the Developer, at his expense, shall have the right to change, sitar, modify and/or revise the finish grade and to complete landscape work of the yard within ten (10) feat of any lot line and in drainage swales beyond said ten (10) feet after title to a lot and the dwelling thereon has been transferred to another Owner. Section 6. Severabtlit¥. Invalidation of any one of these covenants or restrictions by judgment or Court Order shall in no wise af£ect ~ny other provisions which shall remain in full force and effect. A L] ]cNVIE%~, INC. ATTEST: Secretary By Pre s'ldant - 24- CO~tON~EALTIt OF PENNSYLVANIA COUNTY OF ~Zz~ ~ A4z~ On this, the ~ day of ~ .-- ~/27 , 198 before me, a Notsry Public, the under~igned officer, personally speared BENJAMIN L. BRENE~AN, President of Allenview, Inc., successor to Breneman and Calabreee, known to me (or ~atiafactOrily proven) to be the ~rson whose name ia eubecribed to the within instrument, and that he executed same for the purpose therein contained. Stele of Pennsylvanis County Of Cun~berland } SS ~cofdad in [h~ office for the recording of etc., in a~ for Cumberland County, Pa. w~ss my hand and seal ol office, ~1~ ~~ AJ~TICLE I Section I. "Association" .shali mc~n a~d refer ro 7he A!iemview Home O~.~ers A. sso¢iacion, Incorporated, a nonprofit corporatyom organized and existing under ~he laws of ~he Commonwealth of Pennsylvania. Section 2. "The Properties" shall mean and refer ~o Allenview P!amned Residential Dcvelopmenc Stage I, and such addicions Chereco as may hereafter be bro~ghC within che jurisdiction of s~iom az provf~ed ~m AcCicle \~I, Seccfon 2, herein. Section 3. "Co..-u,,on P~o?er~ies" shall mean and refer co parks, play- grounds, swim. ming pools, commons, streets, fooCways, including buildings, s%ruc~ures, personal properties inciden~ ~here~o, and any other properties o's--ned and maincained by the Association for ~he c°"~unon benefit and enjo3~ent of ~he residents wi6hin The ?roperCies. AR'FICL£ Il Lace:ion Seccfon 1. The Prin'cipai office of ~he Association shm!i be ioca~ed ac 5001 C,]rlfsle ?f~e, b~ec~anfc~burg, Pcnns)'lv~nia 17055, Cumber- land County. EXHIR~-~ "B" ARTICLE III ..... "S'ectfon~ Every person or entity Q'ho is a record owner of a fee 'or' undiv~d~d fee, interest in any Lot (or Living Unit) which ~s sub-' Ject by coronaries of r~cord Co assessment by the Association shall be a mezber of thj Association, provided that any such person or entity ~ho holds such iat'erest merely as a security for the performance of an obliga- tion shall no~ be a member. Section 2. The rights of membership are subject to the payment of ann~al and special assessments levied by the Association, the 0bligaCion of ~'h:'ch as-~c::.~m~;nts is imposed against each o'-'ner of and becomes a lien upon the property agains: ~hich such assessmenc~.are made as provided by .Arc,cie V of the Declaration of Covenants and Restrictions to ~hich ~he Properties arc stzbjc:ct and recorded in }Iiscelianeous Book Volume 226,. Page 2~, Office for Recording of Deeds, Cumberland County, December 30, 1976, and ~'hfch provide as 1. C_~_~c_.!.~_ion of the Lfc-n and ?ersona~ Oblfsation of Assessments. The Developer for each Lot (and Living Unit) o~'ned by him Thc PraiSer-tics hereby covenants and c'ach 0~er of any Loc Livft:g (r,~jt) by acceptance of a deed ~l~erefor, ~.~ha~h~r or no~ shall be ~o expressed ~n any such dccd o~ o~her convuyance,, be ~ecmed ~'0' covcaan~ and agree to pay ~o INa Asaocia~ioa:. (1) n};.cc:;:;~n,.n(.s ac cha~gcs; (~) spccfai ,'~s.';essm~n~s for capi[ai improve- ~;:c'n~.q, s~ch nsscssmer~[s to bc fixed, cs~ablished, and collecccd fram time ~o Cime 'as hcrcinafiacr provided. The annual- and special ,~sscssn,un~.s, togctl~er ~'i~h such faCercst tl,er¢on a{td cos~:s of coI'Icction thcruof as hereinafter provided, shall be a charge on the I~nd ~nd shall ~e ~ continuing lien upon ~he proper~y ag~inst'~hich e~ch suc~'as~essmen~ is made. E~ch such me~; together ~i~h such interest ~hereon ~nd cos~ of collec~ion thereof as hereinafter provided, shall also be the Personal obligation of the person ~'ho ~'as the O~,'ner of such property the time ~hen the assessmen~ fell due. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of pro- moting the recrcatior,, healch, safety, and ~elfa~e of the resi- dents in The Properties and in particular' for the improvement and maintenance of properties, services, and facilicies devoted ~his purpose and =elaced ~o the use a~d enjo)'meac of the Frope~cies and of the homes situated 6p0n The P=ope=ties, including, but not limited to., the p'aymenc of ~sxes a~d insurance thereon and repai=, rcplace~ue~c, and additions cheret, o, and for the cost of labor, equfpn~nt, n:a:erials, management, and supervision thereof 3. B~sis a~d FMxfm~:m of Aeneas! A~scssme~c~. F~om and after J~nu- ary 1, I~79, aa,~:aI assessments ~). be '~ev[ed, s~id assessments sh'ali be fevi~,d ~:~d applied in accordance uf Ch Article V, Section of ~e revis~.d D~'cla~atian of Co'~'=~n~cs an~ Restrictions recorded on ~e day of ,' 19 in Book P,lge , in []~e Recorde~ of Dcods OEffce, Cumberland 4. SDecia! Assessmenrs for Capital tmprovement~. In addition to the annual assessments authorized by Section 3 hereof, ~he Associat~pn may lev*./ in an)- assessmen~ year a special assess- meat, applicable ~o that year only, for the purpose of defray- ing, in ~'hole or in part, the cos~ of any construction or re- ; construction, uae×petted repair or replacemen~ of a described capital improvement upon ~ha Co,~mon Properties, including the nccessar)'.fix~ures and personal property re!a~ed thereto, pro- vided that an)- such assessm'ent shall have the assent cf t~'o- thirds of the roe.es of each class of Hcmbers oho are voting in person or b>' p~'o×y ac a meeting duly called for this purpose, ~'rit~cn no~/ce of u'hich shall be sen~ to all ,x,'ambers at least thirty (30) days in advance and shall 'see forth ~he purpose of the meeting. 5. --Change in 3asis and ~faximum of Annual Assessments. Subjec~ to the limitations of Section 3 hereof, and for the periods ~hera- in specified,. ~he Association may change ~he maximum and basis of the ;~;;ses~r.~_nts f~xed b)' Section 3 hereo~ prospecLfve!y for'any such pc~iof provided ~ha~ ~ny such change shall have of ~o-thirds of the votes of each class of ~';cmbers ~'h~ are vor ins in 7(:rson or by p~oxy, nE a me=ting d~iy c.'~lled fo~ purpose, u'rftLen noL fcc of which shall be sen~ ~o all >;~bc, rs ac ]'*:as~' ~hirl), (30) days in advance and shall se~ forth ~he Purpose 'Of (l~c mce-f~g, pruvjd~.d fur~cr, cha~ c~e lfm~car ~ons of 3 ho're:of shall not ~pply Eo any c},.~nge in thc maxiinum and.basis of the assessments urnder~aken as an inc~den~ To a merger or consolidation in which ~he AssOCiaTion is authorized ' 'pa'T~ u~er its Ar. Tic/es of ~ncorporstion and un'dar Article I~, $~ection 2, of the DeclaraTion of Covenan~z and Kes~ric~ions. 6.' ~uoru~ for Any Action Au[horized Under Sections 4 and 5. The quorum required for any action auThorfzed by Sections 4 and 5 hereof shall be as foI!o~s: AT ~he fi'raT meeting called, as provided in Sec~ions & and 5 hereof, ~he presence a5 ~he meeting of ,~mbers, or of proxies, entitled co cas~ sixty ~©~ per cent of all ~he uo~e$ of each class of membership shall constitute a quor~m. If ~he required quorum is no~ forthcoming aT any meeting, sno~t~<:r meeting may be called, subjec~ ~o the notice requirement set £or~h in SecTions & and 5, and The'required quorura at any such subsequent meeting shall be one-half of ~he required quorum at the preceding meeting, provided The% no such subsequen[ meeting shall be held more than sixty (60) days following the preceding meeting. 7. Da?____e of Comz~encc~ment of Annua. I AssessmenTs: Due Dates. The ann,:al assessments provided for h~rein shall co.-..nence on the dace (~,'I~ic-h shall be the first day of a month) fixed b)' the Board of P rcclors of the Assocf~cfon to be the date of commencement. TI,e £irsT annual asJussments shall bc made for ~]~e balance of ti~e c:.n]e~dar year and shaI'l become 'dt~c ;,nd pa3-able on the day f~xed -5- KARL M. LEDEBOHM Attorney-At-Law P.O Box 17~ NEW CUMBERLAND, PA 17070-0173 Phone: (717) 938-6929 Fax: (717) 938-6929 November 19, 2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL Paul J. Brinig 604 Allenview Drive Mechanicsburg, PA 17055 Delinquent Homeowner's Association Dues - Property: 604 Allenview Drive, Mechanicsburg PA Dear Mr. Brinig: Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. An important notice of rights is stated on the back side of this letter. The Allenview Homeowner's Association ( the "Association") has referred to my office the collection of the delinquent Association dues regarding the above-referenced property. As a result of your failure to pay to the Association the Dues for March, April and May and June July and August and September October and November 2002, the Association hereby exercises its rights under the Covenants and Restrictions of Record to accelerate all dues assessed against the above property for 2002 through February 2003 and hereby demands payment in the amount of $973.64 itemized as follows: 1. Dues for March - May 2002 $208.00 2. Dues for June - August 2002 208.00 3. Dues for September - November 2002 208.00 4. Dues for December, 2002 - February, 2003 208.00 5. Late Charges 16.64 EXHIBIT C mqoqopo'I 'IAI 'sJno,( Xln&L K~oA · momXed oSum~e o1 JOllOI s.lql jo sXep (0~) ,{1J.tql u.tql!ax g9lg -i~19 l~s ~l~!aledzl!d /~11oI~t l:31~ltlOg o$1~o[d 'no~{ OhS Ol tlO.ll~.tgo$s'V oql ltll~Ax lou op no,{ JI · uo!le?osse oql Xq po~nau! sooj s,Xomolle olqv. uoseo~ ~(ul~ se Hoax se sooj s,jjpoqs 'slsog l~no3 'l$0lOltI.I [eUO!l.tppe se slunome qgns Xq ~[em uo.tle?ossv oql ol oaxo noX tl.~.tttax lunome otB 'lUO^O tI.~ns uI 'o.q!lOU ~Ottl~nJ lnoql!aX uo!le.taossv oql ol onp slunome pos!,xp~ o^eq I 'luom,{ud jo olgp oql ol 1sOJOlU.I snld 'ilnj u! 'JOllOJ $.lql Jo olep oql JO sXup (0g) ,{1-l.lql tl.lql[A~ lunome o^oqe oql Xed lou op noX lUO^O oql uI '-1OllO[ $.tql jo olep oql jo sXu. p (0~) ,{1l!ql U.Iql.Iax UO.lll~.IaOSS~g' 0141 O1 ~9'gL65 oql jo luomXed oql Joj opera Xqa~aq s! puema(l ~9'gL65 ~00~ '6I Joqmo^oN jo se uo!le!~ossvoql ol onp [elo& 00'ggI sooj s,,(~UJOllV '9 NOTICE This letter is an attempt to collect a debt. If you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. 9~BO-~-ZO-969ZOL es~pueqg~a~ JO~. ld!apebl mn~aU'~ pala~s!6ebl.~_~ ON [] :Moieq sseJppe/da^[J~p Je),ue 'S3A II sea [] 6 L wei! WoJ~ ),ueJeJ~ip s: ;jppe ~e;^qep si 'a · sl!LuJed coeds ,q ~,uoJ,t eli), uo JO ,eoe!dl!eLu ell), jo >loeq eq), o), pie3 S!LI), LlOe),),V · · noX o), pJeo eq), u~n),a] ueo a/~ leq), os esJeAeJ eLI), uo sseJppe pue eLUeU Jno/~ ),u!Jd · -pej!sep s! ~@A!IeQ:~V;.~isebl j! ~ e),eldLuo30SlV 'g pue 'g '!. SLUe),! a~aldLUOO · r',- Postage $ · -Q Certified Fee : ' '' r'l Return Reclept Fee !:: , E:3 (Endorsement Required') ~ r'"l Restricted Dellvery. Fe~ ~! {: ~ (Endorsement Requ~reu~ postmark Here KARL M. LEDEBOHM A'I-rORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-O317 February 3, 2003 Paul J. Brinig 604 Allenview Drive Mechanicsburg, PA 17055 *Re: Delinquent Homeowner's Association Dues- Property: 604 Ailenview Drive Dear Mr. B~inig: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN A'I-rEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILLBE USED FOR THAT PURPOSE. As you know, the Allenview Homeowner's Association (the "Association") has referred to my Office the collection of the delinquent Association Dues regarding the above referenced property(the 'Property"). By letter dated November 19, 2002, a copy of which is again enclosed for your reference, the Association accelerated all dues assessed against the Property for 2002 through February 2003 and demanded the payment of all dues due to the Association in the amount of $973.64. On February 3, 2003 the Association received and applied a partial payment to the amounts due to the Association in the amounts of $430.00. The above payment has been applied to the amounts due to the Association for 2002 as set forth in the enclosed letter without waiver of any demand for the payment of all amounts due to the Association and without postponement of any rights or remedies available to the Association to collect the balance of the indebtedness. The above partial payment has been applied to the amounts due as follows: 1. Legal fees to date 2. Late Charges 3. Dues March - May 2002 4. Total applied $250.00 16.64 163.36 $430.00 The Association continues to demand the immediate payment of the balance due in the amount of $668.64 itemized as follows: 1. Balance due for March-May 2002 $44.64 2. Dues for June-August 2002 208.00 3. Dues for September- November 2002 208.00 4. Dues for December, 2002- February 2003 208.00 5. Total due as of February 3, 2003 Unless payment in the amount of $668.64 is delivered to the Association within ten (10) days of the date hereof, the Association has instructed my Office to file a law suit against you to collect the balance of the indel~edness without further notice. In such event the amounts due will increase by such amounts as legal fees and costs incurred by the Association. · Page 2 February 3, 2003 If you do not want the Association to sue you, please contact Betty Fitzpatrick at 612-5165 within ten (10) days of this letter to arrange payment. Cc: Betty Fitzpatrick, Property Manager SHERIFF'S RETURN - REGULAR CASE NO: 2003-00864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOCIATI VS BRINIG PAUL J ET AL DAWN hELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRINIG PAUL J the DEFENDANT at 604 ALLENVIEW DRIVE , at 1844:00 HOURS, on the llth day of March MECHANICSBURG, PA 17055 by handing to , 2003 PAUL L BRINIG a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /vT'~ day of ,~~ ~0~ A.D. ~ / Prot~_?n6t ary So Answers: R. Thomas Kline 03/12/2003 KARL LEDEBOHM Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00864 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOCIATI VS BRINIG PAUL J ET AL DAWN hELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRINIG BONNIE A the DEFENDANT at 604 ALLENVIEW DRIVE , at 1844:00 HOURS, on the llth day of March MECHANICSBURG, PA 17055 by handing to , 2003 BONNIE A BRINIG a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this / 7~ day of So Answers: R. Thomas Kline 03/12/2003 KARL LEDEBOHM By: Deputy Sheriff ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PA NON-PROFIT CORPORATION PLAINTIFF Vs. PAUL J. BRINIG BONNIE A. BRINIG DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-864 Civil Term CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above captioned matter settled, discontinued and ended. Resp~gcg'lly submitted, /~x /~arl M! L~debol~m, Esqm Supreme Court ID #59012 Attorney for Allenview Homeowners Association, Inc. P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929