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and the Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded
in Plan Book 26, Page 13 and thercancr as amcnded, Complaint at '3 and 4,
3, Defendant is Council of Westwood Village Condominium ("Council"), with a
principal address at c/o Properly Management, Ine" 1300 Market Street, P,O, Box 622, Lemoyne,
Pennsylvania 17043, Complaint at '2,
4. Council is the goveming body of Westwood Village Condominium, managing the
business, operations, affairs and properly of Westwood Village Condominium pursuant to the Unit
Properly Act of Pennsylvania, the Declaration, and Code of Regulations, Complaint at '2,
5, Council is composed of five (5) individuals privately elected by the unit owners of
Westwood Village, Complaint at '2,
6. On June 26, 1997, Morgan, along with three other unit owners at Westwood Village,
filed suit against Council alleging that the May, 1997 annual meeting contained irregularities and
demanding a reconvening of the annual meeting, A copy of this Complaint is attached hereto as
Exhibit 3,
7, On August 28, 1997, Morgan's attorney notified Council's agent, Property
Management, Inc" that all future assessments for Morgan as an aggrieved unit owner would be held
in escrow pending the resolution of the lawsuit between Morgan and Council. A copy of this
correspondence is attached hereto as Exhibit 4,
8, In response to Morgan's August 19, 1997 correspondence, Council wrote to Morgan
on October 13, 1997 and told her that the escrowing of assessments was unlawful and that she would
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be subject to all penalties and conscqucnccs in the collection process, A copy of this correspondence
is attached hereto as Exhibit 5,
9, Despite these warnings from Council. Morgan continued to escrow her assessments.
As a result, on April 28, 1998, Council filed a collection action against Morgan for the purposes of
collecting her unpaid assessments, A copy of this Complaint is allached hereto as Exhibit 6,
10, On June 2, 1998, Council filed a Praecipe for Lis Pendens with the Cumberland
County Prothonotary, A copy of this Praecipe is attached hereto as Exhibit 7,
11, On June 10, 1998, Morgan filed an Answer with New Maller to Council's Complaint.
A copy ofthis Answer is allached hereto as Exhibit 8,
12, On June IS, 1998, Morgan filed an Amended Answer to this collection action, A
copy ofthis Amended Answer is attached hereto as Exhibit 9,
\3, Following the close of pleadings, the parties engaged in discovery; however, in
September, 1998, Morgan decided to sell her condominium unit located at Westwood Village,
Complaint at ~14,
14, As part of the sale process, Morgan's title company discovered the lis pendens that
Westwood Village had issued upon her condominium unit. Complaint ~14,
15, Morgan's title company phoned Council's attorney's office and inquired as to what
the total payoff was to satisfy the lis pendens, Answer at ~16 ,
16, On September 28, 1998, Council's attorney wrote to Morgan's title company
infonning them of the amount of Council's claim which needed to be paid in order for Council's suit
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to be dismissed and Ihe lis pendens withdrawn, A copy of this correspondence is attached hereto as
Exhibit 10,
17. In its September 28, 1998 correspondence to Morgan's title company, Council offered
to reduce ils bill a lolal of$250 in exchange for Morgan's agreement to sign a release, A copy of
the proposed release with Morgan's payment schedule is attached hereto as Exhibit 11.
18, Morgan declined to execute the release and instead, she directed the title company
to issue a check paying off the entire amount owed to Council in the lawsuit. A copy of the title
company's check issued to Council of Westwood Village paying off the full amount Morgan owed
to Council as part of the lawsuit is attached hereto as Exhibit 12,
19, After receiving Morgan's check, Council, on October 9, 1998, issued a praecipe to
remove the lis pendens and discontinue the collection action it had previously filed, A copy of this
praecipe is attached hereto as Exhibit 13,
20, Approximately three months after tendering her payment to Council, Morgan filed
this suit against Westwood Village alleging that she unlawfully had to pay a total amount of
$2,360.49 to Council and PMI in order to sell her unit. In her complaint (at ~15), Morgan breaks
down her claim as follows:
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5. Pursuant to the Unit Property Act of 1963, the Code of Regulations
Article VII, Subsection IA, Page 312, gives Defendant the right to
assess, on an annual basis, a fee, against the unit owners, in the same
proportion as their respective tmdivided common interests in the
common elements as set forth in the Declaration, and such fees shall
be payable by the unit owner thereof to the Council in twelve equal
monthly installments on the first day of each month of each year.
6, The Unit Property Act of 1963 gives Defendant the right to establish
procedures in connection with the improvement, management,
operation, assessment and collection of certain expenses with respect
thereto. A Collection Policy was adapted by Defendant on June 17,
19%, hereinafter referred to as "Policy."
7. The Policy states in Paragraph 6 that "if an account becomes six (6)
months delinquent, assess $750 counsel fee and title $C8I'Ch charge of
at least $50 for a present owner search and file a District Justice
Action to enforce the lien, including interest, attorney fees, costs and
expenses." A copy of the Policy is attached hereto and incorporated
as Exhibit "A".
8. On or about August 17, 1997, counsel for Plaintiff notified Property
Management, Inc., who is the property manager and agent of
Defendant, that all future assessments from Plaintiff as an "aggrieved"
unit owner would be held in escrow pending the resolution of a
lawsuit (Cumberland County Docket No. 97-3436 Equity) between
the Westwood Village unit owners and Council of Westwood Village.
A copy of that letter is attached hereto as Exhibit "B".
Ref: Unit Property Act of 1963, Section 305.. . Non-compliance with
Code of Regulations shall be grounds for an action for the recovery of
damages or injunctive relief, or both. maintainable by.,.an aggrieved
unit owner. Also refer to Section 203 of the Unit Property Act...
"Invalidity of Contrary Agreements,-Any agreement contrary to the
provisions of this Act shall be void and of no effect;
9. On or about February 2, 1998, Defendant filed a district justice civil
action (Docket CV 0000041-98) against Plaintiff for unpaid
condominium fees. Plaintiff filed her intent to defend such action.
The District Justice Hearing was held on April 20, 1998 at which time
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Defendant failed to appear and defauh judgment was entered against
Defendant and Defendant charged Plaintiff for the District Justice
filing fees. Therefore. no district iustice action to enforce a lien as
reauired bv Defendant's Policy was entered,
10. On or about March 30, 1998, a special meeting was held by Order of
Judge Oler resolving the underlying case Docket No. 97-3436 Equity.
II. On or about March 31, 1998, demand of all escrowed money was
made to Plaintiff by Defendant's counsel and that escrowed money
was turned over on April 13, 1998.
12. Thereafter, on April 28, 1998, Defendant filed suit against Plaintiff in
Cumberland County Court of Common Pleas Docket 98-2375,
requesting all escrow money plus interest, attorney fees and filing
fees, as of April 15, 1998, being an amount of$564.22, four (4)
months assessment
13. Defendants, in violation of the Policy, placed a lien on Plaintiff's
residence, then having an address of234 Brian Drive, Enola, P A
The Praecine for Lis Pendens. dated Mav 29. 1998. did not reference
the Unit Propertv Act!)f 1963. as reauired bv the Act and was
therefore iIlel!allv filed. Plaintiff, pro se, filed a Complaint in
response to Docket 98-2375.
14. Plaintiff's residence was on the market since October, 1997. A
contract was written in August, 1997. On August 15, 1997, Plaintiff
went to Cumberland County Courthouse and was escorted by an
employee ofthe Office of Recorder of Deeds through all the systems
to find a lien on her property. This was none to be found. However,
at settlement, on September 28, 1998, Plaintiff was not able to transfer
clear title on her residence due to the illegal lien.
15. In order to transfer clear title, Plaintiff, under duress, was forced to
pay at the settlement table the following monies to Defendant:
$1.840.49 for legal and filing fees; $495.00 for special assessments
for a period oftime she did not own real estate in Westwood Village;
and $25.00 for an unauthorized Resale Certificate, a total of$2360.49.
16. At the settlement table, Defendant offered Plaintiff a discount of
$250.00 off the total amount in exchange for Plaintiff's signature on a
Release Agreement Plaintiff refused to sign the Agreement as it
contained gross inaccuracies associated with the facts surrounding the
above events, so the $250.00 discount offer was withdrawn by
Defendant.
17. WHEREFORE, Plaintiff requests Judgment against Defendant in the
amount 0($2,360.49, plus costs and interest.
Date: J /'1.fi r
Respectfully submitted,
~ i~J~v-
Barbara A. Morgan, pro se
141 South Enola Drive
Enola PA 17025
VERIFICATION
I, Barbara A. Morgan, verifY that the statements in the foregoing Complaint
are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18
P A C.S. subsection 4904 relating to unsworn falsification to authorities.
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/ Barbara A. Morgan
March 19, 1999
.
FOR RESIDENT INFORMATION. ACTUAL COPIES ARE AVAIL.
ABLE, PLEASE KEEP WITH YOUR BY.LAWS AND CONDO
DOCUMENTS AS THIS IS THE FORMAL PROCEDURE: IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17/96.
COUNCIL 0' WESTWOOD VILLACE
DELlNQUEI'O' CONDO FE~ COLLECTION PROCEDURE
The following IlIfo=lIon reneclS lhe proc:eduru for dellquenl condo fee
collection ~l Westwood Vill~ge. ThIs proc:edure :wumes l~t no p:aytnCnlS
~re m:lde. ~nd lh~llhe ~c:count is laken complelely lhrough the collection
procedure. This procedure c:In lenni~le ~t ~ny lime "ith lull p:Iyment of
Ihe oUlsl.1nding b:ll~nce of the ~ccounllo l~t poinL
I.) Monlhly ~ssessmenls ~re due of the first (I) of e.:Ieh month for thai
monlh.
2.) It p:Iymenl is not receh'ed in our office by Ihe morning mail on the
Iineenlh (15). ~ friendly reminder leller is senllo the unit owner.
3.) It p:lyment is still nOI received in our office by Ihe nloming m~i1 on the
thinieth (30) oflhe monlh. S 10 Is aUlormllCllly ~dded to the ~ccount with.
out ~ leller 10 the unit owner.
~.) If paymenl is stili not received In cur offiee by lhe morning m:liI on the
Iilleenth (15) oflhe ne.~1 monlh. ~ Iin~145 doty leller is m:liled by certilied
m~i1 10 Ihe unil O\\1Ier. This leller is finn. and advise if pa~'tllent is Dot
received wilhin Iineen (IS) d:lys oCthe d:1le of the leller. the ~ccount will be
Irc:lted :IS defi~ntly deliquent and seheduled 10 be :lSscssed additional col-
lection coslS in anlicip:alion of action to enfon:e the lien by judicial 'me:utS.
II will also be reponed 10 the Credll Bureau and the mong:tgee notified of
the all.1ching of a priorlry lien.
5.) Ifp:ayment is not received wilhin fineen (15) dotys. Credit Bure.:lu is
infonned (i.e. 60 d:1ys deliquent) thatlhe COSlS of m:liling lIIId collectioo
lime an: assessed and a leller senl 10 mong:tgee informing Ihem of the
delinquency and the all.1chment of the priority lien of the assessment.
Lellers as abo,'e should continue for si~ (6) monlhs.
; 6.) If an account becomes si:'t (6) monlhs deliquenL assess S750 counsel
I fee and tille search charge of ~t IC3S1 S50 for a presenl owner se:llch and file
a Dislllct Justice AClion 10 enforce Ihe lien including inlereli, attorney's
fees. COSlS and e.~penses.
7.) Secure Dislrlct Juslice Judgment and record transcript of Judgment
Ihrough counscl aner the appeal period ellpires (30 dotys alIer Judgment).
8.) Once lhe mallcr is in lhe hanels of counsel. as decision "ill be made
whelher 10 ellccule on the Judgmenl againslthe uni!. lhe personal propen:-'
of lhe owners. their bank accounts or olher assets or olher similar action.
Allhis lime. mongagee will be infonned oflhe amount oCthe si:'t (6) month
priority lien and this wllllikcly constitute a defaull under the mongnge.
9.) The intcnt is 10 work diligcnll~' 10 prevenllhe unpaid liens from e:'t-
cceding Ihc six (6) month priority given to condominium liens "is a lis lhe
firSI mongage.
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'Law OlOcca
SAlOIS. GUIDO, SnUFF & MASLhND
A PJOfllllOlOALClltlI'OUnntl
26 Welllllah Sl,ul ' rOil OlOce DOl '60
C.rllll., l'clIlI.,I,,"I. 110 Il
relephone: (117) 24).6212 ' Fe.,lmn.: (1111343.6416
WnI SIle" orlle..
2109 ",..,".Iucc'
Ccnor 11111. rA nUll
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August 27, 1997
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Inc.
Village Condominium Assessments
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~I~~~e ~~ ~dvised that this office represents The poar4 of
,ljlE:/l;l V!llage, as well as Some indiviclual unit OWnllrfl, who
.nyqh~d in two suits against the Council of Westwooq
j~l' ' "
~hll p~rpose of this letter is,to advise th~t all' futur~
u~~n~~ trom individual unit Owners will be held in an escrow
~,Py my pt t ice, until the earlier of two occurrenc'es;
i
.. ,~;.,' A Court Order resolving the lawsuit bet\'leen
~l:Ie incjlv+qu<!l unit owners and the Council of Welltwooq
~ll1~~~ qondominiums. which a~ equity action is to be
'l~i\rcj p~c:~l1Iber 5, 19!17; or ' .
,,2. Until the Council agrees to call a $pecial
M~eFJng of ~omeowners for the specific purpose Of voting
,:lIpon 'l' ~esolution to remove certain council members anq to
"ppoint interim replacement members of council to serve
'Iln~~l re94lar elections may be held.
"
.flllcalllle Pf t\1e underlying problems in the CondominJ,um
ll~, ane! q. question as to how the assessments are pein. g used,
I>>lIl=ro\ol find escrow account seem to be, the only f<lir alld
n~ble way to go. The individual unit owners wish to express
tney ~re not withholding their assessments, and I c~~ make
jp'~~,the account information +" the escrow account at ijny
.,~pon your request.
fXH ./3
BARBARA A. MORGAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
CUMBERLAND COUNTY, PA
NO.
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
Dcfendant
NOTICE TO PLEAD
TO: Barbara A. Morgan, Plaintiff
You are hercby notified to filc a wrillen response to thc cnclosed New Matter within
twenty (20) days from service hcreof or a judgment may be entcred against you.
SHUMAKER WILLIAMS, P.C.
Dated: AfJ D{ ( t? 7
By 'iOU ~ ~vC~
David R. Breschi
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
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6. Denied. The Unit Property Act of 1963, Section 703, provides how charges wcucd
_gainsl a unit owner may be enforced.
7. Admilled with qualification. Thia pmgraph rcfers 10 paragraph 6 of Exhibit A that
spcaka for ilJeJf and contains much more infonnation than is referred to in pmgraph 7 of Morgan'.
Complaint.
B. Admilled in part, denied in part. It i. admilled that Property Management, Inc. i. the
agent for Council and that it received Exhibit B from Allomey Johnna Deily in AUguBt, 1997. All
further averments of this paragraph are denied in that after reasonable investigation, Council is
without knowledge or information sufficient to fonn a belief as to the truth of this averment.
BA. Admitted with qualification. This paragraph refers to Sections 305 and 203 of the
Unit Property Act of 1963 that speak for themselves and contain much more infonnation than is
referred to in Paragraph BA of Morgan's Complaint.
9. Admitted in part, denied in part. It is admitted that on FeblU8l)' 2, 199B, Council filed
a district justice civil action against Morgan for unpaid condominium fees and the judgment was
entered against Council on April 20, 199B. All further aspects of this paragraph are denied in that
the allegations involve conclusions of law to which no response is required.
10. Admitted.
11. Denied. On or about March 31, 199B, Council demanded payment of all escrow
money from Attorney Karl Ledebohm, who purportedly was representing all ofthe escrowing unit
owners in Westwood Village. On or about April 13, 1998, Ledebohm tendered the entire principal
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amounts due but refused to provide intel'Clt and cosllto !he principal due. AI a l'CIult, Council
rejected the tendered payment ""d returned ilto Attorney Ledebohm.
12. Admitted.
13. Admitted in part, denied in part. It is admitted that Council placed a lien on Morgan's
residence. All further averments in this paragraph arc denied in that !he lien filed on Morgan's
residence was legal and appropriate pursuant to the Unit Property Act and the Westwood Village
Code of Regulations.
14. Denied. After reasonable investigation, Council is without knowledge or information
sufficient to form a belief as to the truth oflhis averment.
IS. Denied. Morgan was not under any duress. To the contrary, Morgan had ample
opportunity to have her rights litigated and could have utilized all the processes of law to protect
herself.
16. Denied. Council did not attend Morgan's settlement; rather, Morgan's agent
contacted Council's attorney and asked what the payoff was on Council's lien. The information
conveyed to Morgan's agent was that if a settlement and release form was signed, $250 would be
reduced on the amount owed. Morgan refused to sign it the proposed settlement and release and
decided to payoff the entire amount of the claimed lien.
17. Denied. This paragraph constitutes a legal conclusion to which no response is
necessary.
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CAROL NOVASAT. CLAUDE SKELTON,
PAT VANDREW AND BARBARA
STODDART-MORGAN,
Plaintiffs
:IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYI,vANIA
:NO. 97. .]I./J(,. G-"l( ~1U1
v.
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM.
Defendant
NOTIC!!:
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 with the court 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 claim 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 Court Administrator
South Hanover Street
Carlisle. PA 17013
(717) 240-6200
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. IIilh SIlcc.
Caru.J.. PA
. 0 ly, Esquire
26 . Hig Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiffs
Supreme Court 10 53147
TRUE COPy FROM RECORD
In Testimony whereof, I here unto set my hand
and the ~I of said Coifrtat Carflsle, Pa.
rhl J../... da o~ 19 ti!7
1
CAROL NOVASAT, CLAUDE SKELTON,
PAT VANnREW AND BARBARA
STODDART-MORGAN,
Plaint if fs
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
v.
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
Defendant
COMPLAINT AND REQUEST FOR PRELIMINARY
AND PERMANENT :INJUNCTION
AND NOW come the Plaintiffs above-named, by and through
their attorneys, Saidis, Guido, Shuff and Masland, and present
the following Complaint:
1. Plaintiff is Carol Navasat, an adult individual
residing at 220 Brian Drive, Enola, Cumberland County,
Pennsylvania 17025, who is a unit owner in the Westwood
Village Condominium.
2. Plaintiff is Claude Skelton, an adult individual
residing at 229 Brian Drive, Enola, Cumberland County,
Pennsylvania 17025. who is a unit owner in the Westwood
Village Condominium.
3. Plaintiff is Pat Vandrew, an adult individual
residing at 823 Lee Lane, Enola, Cumberland County,
Pennsylvania 17025, who is a unit owner in the Westwood
SAlDIS, GUIDO,
SJIUFF &
MASLAND
26 W. High Sueel
Carli!!c.PA
Village Condominium.
4. Plaintiff is Barbara Stoddart-Morgan, an adult
individual residing at 234 Brian Drive, Enola, Cumberland
county, Pennsylvania 17025, who is a unit owner in the
Westwood Village Condominium.
3
SAIDIS, GUIDO,
S:JIUFF &
MASLAND
26 W. HiZh S_l
CarU.... PA
5. Defendant io the Council of Weotwood Village
Condominium (the "Council") whose address is GSO Westwood
Drive, Enola, Cumberland County, Pennsylvania 17025 and c/o
Grace Lovell, Secretary, 205 Louise Court, Enola, Cumberland
County, Pennsylvania 17025.
G. Council is the body which governs the affairD of the
Westwood Village Condominium as set forth in the Westwood
Village Condominium Declaration (the "Declaration") and Code of
Regulations (the "Code").
7. The Declaration and the Code are filed of record in
the Recorder of Deeds Office in and for Cumberland County,
Pennsylvania. A copy of the pertinent sections of Code is
attached hereto as Exhibit "A".
8. Article VI, Section 2 of the Code requires Council to
hold an annual meeting of unit owners once a year.
9. Article VI, Section 2 of the Code also states that
Council elections shall be held at the annual meeting and that
only the unit owners or their voting representatives shall be
qualified to elect Council members.
10. Article IV, Section 3 of the Code provides further
that the unit owners shall vote for Council members at the
annual meeting, but may also vote by mailing their ballots to
the Secretary of Council to be opened by the Secretary at the
annual meeting.
11. Article VI, Section 12 of the Code provides for the
selection and appointment of inspectors of election to oversee
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the voting at the annual meeting.
12. On April 1B, 1997, Council mailed to the unit owners
a notice of meeting which scheduled the annual meeting for May
1, 1997. A copy of the notice of meeting is attached hereto
and marked as Exhibit "B".
13. The April 1B, 1997 mailing from Council to the unit
owners contained a ballot to be used for the Council election.
A copy of the ballot is attached hereto and marked as Exhibit
"C".
14. The ballot indicated that five (S) people were vying
for two (2) open Council seats, and also stated that two (2)
Council candidates were "recommended by Council".
IS. The April 1B, 1997 mailing from Council also
contained a "ballot question" regarding the merger of the two
(2) governing bodies of the Westwood Village Condominium.' A
copy of the ballot question is attached hereto and marked as
Exhibit "0".
16. The April 1B, 1997 mailing encouraged unit owners to
cast their votes for Council and on the ballot question by
mailing them to Property Management Incorporated ("PMI"), who
manages the condominium property, rather than by mailing them
to the Secretary of Council as required by the Code.
SAIDJS, GUIDO,
SHUFF &
MASLAND
26 w. High S.....
Carlisle, PA
17.
The ballots for Council election and the ballot
1 Westwood Village condominium has a second governing body
se arate and apart from council, The Westwood village Community
As ociation, Inc. The Community Association holds title to and
ad inisters the condominium's common La&iliti~~, such as the pool,
te nis courts and clubhouse. -
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SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hiill Slteel
Carlill.. PA
question which were mailed into PMI by unit owners prior to May
1, 1997 were opened before the meeting by PMI.
18. The opening of the ballots prior to the annual
meeting violated Article IV, Section 3 of the Code, which
requires mailed ballots to be opened by the Secretary at the
annual meeting.
19. The ballots for the Council election and the ballot
question were counted before the meeting by PMI. Copies of
tally sheets of the mailed in ballots are attached hereto and
marked collectively as Exhibit "E".
20. The counting of the votes violated Article IV,
Section 3 and Article VI, Section 2 of the Code which require
mailed ballots to be counted by the duly appointed inspectors
of election.
21. Article VI, Section 2 of the Code states that at the
annual meeting the unit owners may conduct any business
required or permitted by law, the Declaration or the Code to be
done by a vote of the unit owners.
22. Article VI, Section 12 of the Code states that new
business shall be an agenda item at the annual meeting.
23. At the annual meeting on May 1, 1997, Council
prevented the unit owners from raising new business at the time
that it was called for under the agenda.
24. The President of Council stated that the Code of
Regulations requires that new business be registered with PMI
or with the Secretary of Council before the annual meeting.
6
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hlah Street
CariiJlc, PA
26. The Council of Westwood Village Condominium violated
the Code in its conduct of the annual meeting of the unit
owners by including its recommendation of candidates on the
ballots, having the ballots mailed to PMI rather than the
Secretary of Council, opening and counting the ballots prior to
the meeting outside of the presence of the Inspectors of
Election and preventing the unit owners from raising new
business at the annual meeting.
WHEREFORE, Plaintiffs request the following relief:
a. Preliminary and permanent injunctive relief enjoining
Council's ongoing violation of the Westwood Village
Code of RegUlations; and
b. An Order of Court vacating all votes taken at the
annual meeting of the Westwood Village Condominium on
May 1, 1997; and
c. An Order of Court requiring Council to reconvene the
annual meeting and to conduct it and all votes taken
therein as set forth in the Code of Regulations; and
d. Reimbursement for all attorney fees and costs
associated with this litigation; and
e. Any and all other relief which the Court deems
appropriate.
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elections tile member or members of the CouncLl to bo elected at
such election Ihall be elected for a term of three YUrI, Each ..
member shall lerve until hil succellor shall be elected and shell
serve without compen.atLon,
53. Nominations and Elections. At least two month. pro-
ceding the annual meetlng of the Unit'Owners the prosident shall
appoint a nominating committee of three, at loalt one of whom
(whon possible) shall be a member of the Council whose term of
office doe. not expire at the ensuing annual election, The nomi~
n/lting cOlMlittee, after considering the qualifications 01 incUvi-
dUllls and consulting with the Declarant while the Declarant owns
five or more Units, shall lelect ~ individual or individua!s to ..
'be elected as a membor of tho Council, Such Committee shall report
,its nomineos to the President at least fifteen days prior to tho
d'ote, .of the Ilnnual moeting,' ' , .'
Any ,ten Unit OWners, or the Unit OWner of ten or more Units,
may nominate candidates to the council ,by presenting such nomina- ,
, tions in writing signed by them to the Secretary. Such petition
, ' shall be presented not less than fifteen days before the :llMulll
,lIlI:etinc;.
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At least ten days prior to the annual'meeting the 'unit
Owners shall be notified in writing of all nominees to the Council,
and shall bo, furnished with ballots. The names of all nominees
ahall be ei~her typed or printed upon all ballots., Where there is
moro than one candidate such names shall bo arranged in 'alphabetical
ordor. . " . .
, Those nominees receiving the greatsI;' 'nuinber of vo,tes' out' ot
,the number to be elected sh'all be declared elected and in case of
a tie vote as to the last place to be filled, a new ballot shall
be cast in order to determine the last successful candidate 'ex- '
eluding those with a' smaller number of votes who shall be declared
defeated. Cumulativ~ voting shall not be permitted." ; , .;,
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Unit Owners'or,their Voting Representative may cast their ~
vote prior,to the annual meeting by depositing their ballots with
the Secretary, to be opened by him at,the meeting, Ilnd ore not
required to be present at the 'meeting to cast their ballots,for
the election of the members of the Council. '"
54. Vacancies. If the office of any member of the Council
Sholl become vacent by reason of his death, resignation, retirement,
disqualification, removal from office or o'therwise, tlje remaining,
members of the Council, at a special meeting duly called fo~'sucb
pUrpose, shall choose a successor, who shall serve for the remaining
unexpired term of the member ~eplaced.,
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$5, Removal,' Members of tho Council (except those selocted
by the Declarant pursuant to the provisions of 526(iil of the Daclar-
ation) may be removed with or without cause, bY'the affirmative vote
of Unit Ootners or thoir Voting Represontativp.s having two-thirds of
the votes cast at any annual or special meeting of the Unit Owners '
duly called for such purpose, in which Case the provisions of 54 of
thi, Azticle IV shall also apply. ' ',.' '
56. Organizational Meeting. The first or organizational
meeting of each newly elected Council shall be held immediately
upon adjournment of the'meeting of the Unit Owners at which they,
were elected ond at the same place where the meeting of the Unit
Owners was held, provided a.quorwn is present. If a quorum of the
Council is not then present, such first or organizational meeting
shall be' held as soon thereafter os Illay be practicable 'provided
notice is given to each'member of the Council as set forth in,57 '
of this Article IV Or unloss waived as provided in 58 of this
. Articl!, IV. .
,57: 'Meetings. The Council shall meet regularly at lenst
once a month on the frrst Thursday of each month or on such other
day as the Council may fix. At the meeting to be held on the first
Thursday of November of each calendar year the Council shall adopt
the budget specified in Paragraph B of 51 of Article VII of the
Cede of RegUlations. The' meetings shall be held at the principal
office of Westwood Village Condominium or at such other places as the
Council may determine. 'The annual meeting of the Council shall be
held immediately following the annual meeting of the Unit Owners: at
the place where such annual meeting of the Unit Owners is Iield. A'
special meeting of the Council may be called by the President or
Vice President on two days notice, given either in writing, in Person,
by telephone, or by wire, to each member of the Counci;L. Such spe,cial
meeting must be, called on the demand or request. of 'two members 'of ,the "
Council. ,.
58. Regular Meetings. Regular meetings once established
may thereafter be held without notice at the time and place agreed
upon by the Council. If 'the time or place of a regular. meeting be
changed by circumstan~es beyond t~e control of the Council, notice
of the change shilll 'be given in, the same manner as for a spccial
meeting. 'Notice of a regular or special meeting need not be given
to any .member of the Council wno submits a waiver of notice, Whether
SUCh waiver be before or after the meeting. Att~nd~ce at the
meeting' shall be deemed to be a w.ai ver of notiCe thereof. '
59. Quorum. At all duly convened meetings of the Council,
a Majority of the members of , the Council shall constitute a quorum.
for t!le transaction of business except ail otherwis.e expressly pro-
vided in, the Coda of Regulations or by law. Each member of: the
Council shall be entitled to cast one 'vote and the acts of the
majority of the melnbers of the Council present at such meeting at
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52. Election of Officers. 'l'he officers of the council', , '. ", ",
shall be elected annually by the Council at the organization of each "'; ,~', ..
new council and shall hold office until their successors are ele'cte,a, ;' ':',
or appointed by,the Council and qualify. " ", :..
53. Duties of the President. ' 'l'he President s)lall be the
chief executive off~cer of the counc~l and shal~ pr~side at all
meetings of the Unit OWners and of the Counpil; lie, shall have the
general powers and duties usually vested in the office of ' the Pre~i-'
dent of a Pennsylvania business corporation including'but not limited
to, the power to appoint committees from ~ong the unit Owners from
time to time as he may deem appropriate to assist in the conduct of
,the affairs of the ,C",uncil.
"
which a quorum is present shall be the acts of the Council, I( at'
Iny meetlnq of tho Council there shall be Ie.. than a quorum pre.ent,
the memb~rs of tho Council present may adjourn the meeting from time
to time, and at AllY such adjoumed meeting at which a quorum is
prejent, any business that might have boen transacted at the meeting
IS originally called, may bo transacted without further notice to any
such mClllllers. '
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510. Unit Owners Attendance at ~~Btings.' Except,for the
meeting to approve and adopt the budget of the Council as stated
in 57 of this Article IV, Unit OWners shall have no 'right to attend
the meetings of the council, but the Council may, in its sole di.~
cretion, elect to allow the Unit OWners to attend a particular
meeting 'or meetings. If the Council does elect to allow the Unit
OWners to attend a particular meeting, the Secretary'of the Cou~cil
shall give a notice of such meeting ,to the Unit Qwners at least, ,
three days prior to the said meeting/ provided ho~ever'that the ,,'
failure to give such notice shall neither invalidate any actions
taken by the Council at said meeting nor impose any liability on
the Councilor the members or officers of t~e Council for the
failure to give said notice. Notwithstandi~g anything con~a~ned in
this 510, all Uni't Owners shall have the' ,right to attend and be
heard,' but not the right co vote, at tho meeting of the 'Council at
which the budget of the Council and Westwood V~lIage' Condominium,
shall be adopted by the Council. Unit OWners' shall,receive notico
of said meeting in the manner provided in 54 of Article VI of the
Code of Regulations by the Secretary of the CounciL at least ten days;
but not more than twenty days prior, 1:0 said'meet-ing. " ,.." "
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- ARTICLE V
OFFICERS OF TIlE COUNCIL , '
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51, Designation. The officers of the counci~.shall be
'a President, Vice President, Secretary and Treasurer. The Secretary' ,
may be eligible to the office of Treasurer. ,All officers chall'be
, members of the Council. ' '
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57. Compensation. 'I1Ie officerl of the Council, shall serve
without compensation unless such is approved by e Majority of Unit
OWners. If any compensation shall be paid it shall be,treeted as a
COlMlon Expense. .^ppointmont or election as an officer shall not
carry with it en automatic contractual right to compensation. The
officers of the Council shall be entitled to reimbursement for all
. expenses reesonably incurred in the discharge of tileS-I' duties.'
58. Resignation and Removal. MY officer .of the- Council
may resign At any time by written notice to the Council, such reo'
signetion to become effective at tho noxt Council moeting. MY.'.'
membor of tho Council who resigns or is removed as A momber of ths
Council shall 011.0 be deomed to have resigned. or boon removed, ipso
fActo, from any Council office ho may have held. MY officer of
the Council may be removed from his offica et any time, by .. majority
vote of the Council. whenever in the bost judgment:of tho members of
the Council the' interests of the Unit eMnors will'bs best sorvod
thereby, or by vote of the Unit OWners with or without CAuse, in the'
same inanner as set forth ,for the remQvAl of membf\r9 of the Council
in 55 of 1.rticle IV of the Code ~f Regulations...:'" ....' .:' .
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, 59. Fillin,:! Vacancies. Vacancies. caused by resignation '.
or removal of ~ny ott~cer shall be. filled by A ~jority vote o~ the
other members of the Council. .. . .,. . . .'
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510. Execution of In.truments. No agre.~ent, contract,
check, deed, lease, mortgage or other inst~ument ShAll bB.Dinding
upon the Council and the Unit 'OWners unless signed by two officors
.of the Council, except a. such power may be 'otherwise dolegated to.
the Manager AS provided in 51 of Article VII of the C04e of Regul'a~ ., .'
tl:ons. 'I1Ie liability of' the Unit OWners, the Council'or any office.>: ',".. ..'
. . of the Council under any instrument binding or purporting to bind .' . '. :. '.
the Unit OWners or the. Council shall be governed'.by. the provi"~ons . '.'
of 54 of 1.rticle VII .of .the Code of ~gul:ations.. .... .... . .. ..' " . ..... .'.);',:
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ARTICLE VI"
UNIT Ol-IN~RS .
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51. Place of Meetings. - All annual and special meetin.gs
of the Unit OWner. shall be held at the principal office of West..
wood Village Condominium o.r at such, other :Juitable and convenient'
place as may be permitted by law and from time to. time fixed by
.the Code of Regulations or the Council and des~gnat~a in the.'riot!ces
of such meetings." ':. .. .
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I. 52, Annual Hutincis. The tirst annual meetinq of the
Unit Ownl!rs shall bl! held within thirty days after the date on
which ti~le to Units then submittl!d to the provisions of tho ^ct
and havirig Convnon Interests in the Common r.laments in exee.. ot
seventy percent shall have been conveyed by the Declarant to Unit
Owners othor than the' Declarant or within one year following the
data of Conveyance of the first Unit, whichever shall first occur.
$ubsequent annual meotinqs shall be held at 7130 P.H. on the fir~~
Honday of April of each year, or at such other date and time as e
Council may de~rmine but not moro .than one hundred fifty nor less
than ninety days after the .end of the fiscal year of Westwood'Villaqe
Conclolll.i,!iwn as specified .in Art;<:le XII of . the .C~da of.llcqUlations, . .
,
. . .At the annual meetinq, the Unit .O.mers (and, the Declar4ll.t .
pursuant to 52& (ii) of the Declaration) ,s.b.!ll e19ct the mt"mb",s .
A I eI rh~ Council unless such action is taken pursuan.t to the pro-
'\I visione of 5~D of this ~ticle VI. The Unit Owners also may con-
duct whatover other business may be required or permitted by law,..
.the Declaration or the Code of Regulations, to be done by a vote.
of the Cnit Owners. The Treasurer of the Council shall present
at each annual meeting an audit (certified by an independent
cortified public accountant! .of the CORUllon Expenses, Convnon Receipts'
and Common Profits, and the allocation thereof to each Unit Owner, .'
'J end the Treasurer shall report on any changes. expected for the
current fiscal year. Such audit shall' be delivered to all Unit.
dwners not less than ten days prior to the annual meeting.
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. . 53. Special Neetinqs. . Special meetings of the Unit Owners
may be called at any: reasonable time and from time to time if request-
ed by any two members of the Council and must be called by the.Council
' upon receipt of written request from Unit Owners entitled to cast
.. 15,000 votes. . The. Council .snall designate the date, time and .
.'.,. '. location of all special me'ltings of the Unit OWners. Special mee~ings
of the Unit Owners shall be called for the purpose of considering .
matters which shall be required or permitted by law, the DeClaration,:
'h.' :.or'the Code of RegUlations, to be done by a .vote of the Unit Owners,
..... or for any other reasonable purpose. Action taken at a special meet-.
ing.6hall be' confined to the purposes stated in the. notfce ther~of.
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54. Notices. Notice o! meetings of the Unit Owners shall
be in writing. The secretary of the Council shall give or cause to
be given to the Unit OWners and all members of the Cou~cil any .
notic~:permitted or required by the Declaration or the Code.of
. .:..-.... Regulations either by hand delivery, or mailing United States Postal
. ". . Service first .class mai.l addressed to the Unit o-omer at such address
. '," .;'. .as the Unit Owner may frGlll time' to time specify in writing to the
.;' :.: ',.I.secretary. This notice shall be deemed given if placed in the Unit
. , .''',.Owner's mailbox by hand or when the notice has been duly deposited
.' '.' .,in. a rece.ptacle therefor maintained by the United States Postal
.: .....:.. .Service, postage prepaid. Notice of meetings need not be give.n ~o
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any Unit Owner who per.onally, or by hi, Voting Representative,
oignl a wdiver of notice whether before or after the moeting.
T~e attenOance at a me~ting of .ny Unit Owner, or hio Voting
ncpreoentative, without protelting prior to the ~onclulion of
the meeting the lack of proper notice of ouch meeting, s~all
con.titute a waiver of notice of the meeting by ouch Unit Owner.
If there are co-owniln of 'record Of a Unit" notice .hall be '
addreooed to all of them, bUt need be oent or delivered only to
thoir Unit or to one other addrell dellgnated in writing by them
in accordance with the provisions of this $4.
Notices of the annual and Ipecial meetings of the Unit
OWne1'8 shall specify the date, time and location at the meetil\g, \&.
~ well AS the mAtters which will be the sub ect of discussion or ~_
va sue mee ng, A 0 0 or t e,AnnUA e n a A
e given to t a n~ Owners at least ten days, but rtot more than
twenty days, prior to such meeting. Notices for special meetings
shall ba,given, to the Unit 6wners at least fiftaen days, but no~
more than twenty-five dAYS, prior to such meeting, Notices for
postponed meetings shall be given At lealt ten days, but nor mare
than twenty days, prior to the date of the rescheduled meeting.
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55. Record Data. For the purpose of d~termining the
Unit OWners entitled to notice of any meeting of t~e Unit ,Owners,
Or any adjournment thereof, or for the purpose of any other action,
tho Council shall fix in advance a date as the record date for b~ch
determination. Such d~te shall not be more than thirty J)or, les~,"
than twenty-five days before the date of the meeting. If no '
record date is fixed, then the date shall be' deemed to be t~e
twenty-fif~h'day before the date of the,meeting.
56., Ouorum. No official business may be transac~ed,n,oi:,
may any,binding vote be taken at any meeting of the Unit Owners,
unless a quorum of Unit Owners is present. A quorum for all
meetings shall exist i~ there is present, in person or by proxy,
Unit Owners or their Voting Representatives together entitled to
cast at least twanty-five percent of the total outstanding votes, of
tho Unit Owners. The subsequent joinder of a Unit Ownel' or,his
Voting ,Representative .in the action taken at a meet,ing t,y ,signing ,
and concurring in the minutes thereof shall constitute' the presence
of such Person for the purpose of determining a quorum: Ithen a
'quorum is once present to organize the meeting, ,it cannot be, broken,
by the subsequent withdrawal of a Unit Owner Or Unit Owners or his
or their Voting Representatives. If a quorum is not present at
any meeting, the Unit Owners present may reschedUle' th'3 meeting
for a later date, allowing time for the required notice, which the.
Secretary shall give or cause to be given to all Unit Owners and
which shall include notice that action may be taken at such '
rescheduled meeting regardless of ,a normal quorum. A quorum at
such rescheduled meeting shall consist of whatever number of Unit
Owners and Voting Representatives is present, whether or not their
combined votes equal twenty-five percent of 'the total outstanding
votes of the Unit Owners. ".' "
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57, Number of Votes. The number of votee which each
Unit Owner (including the Declarant) or,hie Voting Repreeent.tive
shall be entitled to cast in any of the affair. of the Unit 'Owners
requiring a vote, and which vote. ar. ...1gned to a'particular
Unit, shall be as provided in 514 of the Doclaration, '
. .
A Unit which has been acquired by the Council on behalf of
" all the Unit Ownen shall not be entitled to vote .0 long as i~
continues to be so held.
, 58, Proxies. AllY Onit OWner and any VoUng Representative,
. may attend all meetings of the Unit OWners either in penon or by
proxy. Such proxy shall be in writing and shall be delivored t~ the,
Council at least one day prior to the meeting for which the proxy ,
has been given. The proxy may be revoked at any time by' written '
notice to the Council. No proxy shall endure for more than one
meeting, and any postponements thereof; unless the proxy shall
state some longer period ~f duration, whicn in any event shall not'
,exceed eleven months. ' Such proxy shall also become void when the '
Council has received written,;noUce, given by a responsible person
who would have personal knowledge of the fact, of the death or
,judicially declared incompetence of the grantor of such proxy or
of the recording of the transfer of title to the Uni~ from the
grantor of such proxy.,
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59. Actionbv Unit OWners. Except as' otherwise provided.
by law, the Declarat10n or the Code of RegulationQ,'acts,of the
Unit Owners shall require the appro~al of the Unit OWners or their
.' Voting Representatives together entitled to cast in excess of
fifty percent of the ,votes of all Unit OWners or their Voting
Representatives present in person or by proxy at a meeting of the
i Unit OWners at which a quorum is present in person or by.proxy. '
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510. Actions of Unit Owners Without a Meetinq,' Any action .
required or perm1tted to be taken by ,8 vote of the Unit OWners may
be taken without a meeting by the written consent, stating the action
so tnken, of at leas't that number of Unit Owners or their Voting
Representatives whose votes would otherwise have been sufficient
~o.taxe the action if.a moeting had been held at which all Unit
Owners or their Voting Representatives' were present.
511. List 'of Unit Owners. The' Secretary of the Council
shall compile and keep up to date at the principal office of the
Council 'a complete list.of the Unit Owners and their last known
post office addresses. Such list shall also show opposite each
., Unit Owner's name the Unit Desiqnation of the'Unit or Units owned
by him, the percentage of CODUnon Interest in the Convnon Elements .
assigned to the Unit or Units owned by him, the number of votes which
the Unit Owner is entitled tQ vote etmeetings of t~e Unit Owners. and
the Voting'Representative, if any. This list shall be'open to in-
spection by aU Unit Owners 'and other persons, lawfully enti,tled
'. to inspect the 88me during regular business hours.
512., Order of Business. The order of business'at,the
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annual m..tin9 of th~ Unit OWners shell be,
(a) ,Calling ,~he roll.
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lb) Proof of notice of th.' meeting 'or
c.rtUlcation as to wltiv.n., ' '
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R.ading of minute. 'of precediag'aeet1ng.
Repor~a,of the offic.rs,
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urtfinis~ed business,
Hew business. ",
,Adjournment.
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of ColMlitt....
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,Ig) Selection and appointment of 1n.pectora
. 'of election. " " ,", "
Election of member., of' the Council. '
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The order of business at all other meetings' of the u~i~ ':,'
OWners shall as far as practical conform to the craer of business,
at the ~nnual meeting in'sofar' as the "speoialpu~ose. 9f ,th~, mee~-
ing will ,permit, ' , " .:",. ,.." . ' , '"
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ARTIC,LB VII <:<;: ': ~': :',: ,: ,.' :,,: :;... 0:' ~:: ' "
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POWERS, AU1'HOR;J:TY J\ND
, DUTIE,!!, Of' 1'-"~ C;:OUHCIL
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'S1. Powers. Authority and Duties. The ,Council. shail haVe
and exercise all lawful powers, authority and duties necessary for
,the proper conduct and the administration~ management and 'operation
of affairs of Westwood Village condqminium and the Property, and ,
may do or"cause to be done all such'other lawful acts and things
as are not I;>y law, ,by the Code of Regulat'icins ,and the Oeclara.tio'n '
or'othc,rwise, directed or required t.o be done or ~xercised'by the
Unit Owners, or by others. In the,performance of its'~utie~ as'
the administering ,body of, I~estwood Village Condominium, and th~ Prop-
erty, the Co~ncil,shall have ,powers" ,~uthorit~ and.d~ties:set forth,in
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BALLOT
WESTWOOD VILLAGE CONDOMINIUM
ASSOCIATION
MAY I, 1997
For eJection to servo a three (3) year tenn, ending in tho year 2000, on CoWlCiJ of
Wcatwood ViUage. VOle for TWO (2) by c:ircling tho IWIlCI of your c:boice.
a BOPP, WILLIAM mc:umbent Tnuurer or Council-
Rccommcndal by NOIDinatill8 Committee
a ROBINSON, DEANNA 820 Lee Lane, Enola
Recommended by Norninatioa Commitl.cc
Q SKELTON, CLAUDE 229 Brian LaDe, Eaola
a STODDART,BARBARA 234 Brian Drive, EDola
a v ANDREW, PATRICIA 823 Lee Lane, Enom
I c:onfmn I am the owner (or the authorized voter in the c:ase of multiple ownership
ofa single unit) of the unit indicated below, and am eligible to cast this vote for Member of
the Counc:il of the Westwood Village Condominium Association.
OWNER'S NAME (please print)
WESTWOOD VILLAGE ADDRESS
SIGNATURE
OR/GINA:
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Cerll"., r.nn.yln"ll 17013
T.I.ploon.: (717)20.6222 ol'ae.IIIIII.: (717)243.(,486
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Replr 1lt Carflsl.
August 27, 1997
Property Management. Inc.
P.O. Box 622
Lemoyne. PA 17043-0622
Attn: James Stephens
Re: Westwood Village Condominium Assessments
Dear Mr. Stephens:
Please be advised that this office represents The Board of
Westwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village.
The purpose of this letter is to advise that all future
assessments from individual unit owners will be held in an escrow
account by my office, until the earlier of two occurrences:
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwuod
Village Condominiums, which an equity action is to be
heard December 5, 1997; or
2. Until the Council agrees to call a Special
Meeting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held. .
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be the only fair and
reasonable way to go. The individual unit owners wish to express
that they are not withholding their assessments, and I can make
available the account information in the escrow account at any
time upon your request.
.
Property Hanagement, Inc.
Jame. Stephen.
Auguet 27, 1997
Page Two
I .pecifically put you on notice that th.ee aSBeaement. are
baing collected, and the ~ney i. being reserved, so that no
interest or late chargee are to be aase.Bed againat the unit
owners, and no liens may be placed against ,the homeowner.'
property during the period that the a8sessments are held in
ellcrow.
Hopefully, thill matter will be reaolved in short order. It
ill to everyone's benefit that thie matter be reeolved quickly, at
which time the funds csn also be relea.ed to the Property
Hanagement Company.
If you have any questions regarding this, or nee~.ny
additional information. please do not hesitate to contact me. In
the event that you are represented by counsel df your own, please
have him or her contact me to discuss thio'4s well.
Thank you for your cooperation and patience in thi8 matter.
Very truly yours,
SAlOIS,
J
HASLANO
JJO/rlm
cc: Carol Novasat
Sherri Akens
Kent Patterson, Esquire
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amended; the Code of Regulations of Westwood Village Condominium (hercinaRer "Code of
Regulations"), which is recorded in Miscellaneous Book 213, Page 328 and thercaRcr as amendedj
and the Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded
in Plan Book 26, Page 13 and thereaRcr as amended.
4. Plaintiff is the body which manages the business, operations, affairs and property of
Westwood Village Condominium pursuant to the Unit Property Act of Pennsylvania, the
Declaration, and Code of Regulations.
5. Dcfendant is the c''.11erof234 Brian Drive, Building 10, Block 5, known as 234 Brian
Drive, in Westwood Village Condominium, having acquired title by deed dated November 21, 1996,
and recorded in the Office ofthe Recorder of Deeds of Cumberland County in Deed Book 149, Page
421, together with a proportionate undivided interest in the common elements, as defined by the
Declaration of 0.534%.
6. Plaintiff has the duty under Section 12 of the Declaration and under Article VII of
the Code of Regulations to maintain, repair.and replace the common elemcnts as defined in the
Declaration and to make and collect assessments from the unit owners for the payment of common
expenses as defined in the Declaration.
7. Section 16A and B ofthe Declaration and Sections 702 and 703 ofthe Act provide
that assessments against any unit owner are 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
by suit by Council acting on behalf of the unit owners and shall be listed by the Prothonotary as a
lis pendens.
2
8. For lhe years 1997 and 1998, pursuant to Article VII, Seclion 18 of the Code of
Regulations, Plaintiffasscssed lhc Dcfcndanl an annual geneml assessment in the amount of$64 per
month consistent with the Defendant's respectivc undivided common interest in lhe common
clements as set forth in the Declaralion.
9. During the years ofl997 and 1998, Plaintiff issued special assessments in the amount
of $33 per month to the Defendant for increased operating maintenance and/or additional capital
expenses pursuant to Article VII, Section IC of the Code of Regulations.
10. The general and special monthly assessments levied by Plaintiff against the
condominium unit owned by Defendant at 234 Brian Drive, went unpaid from November, 1997
through April. 1998. A copy of a statement of account for the period of November, 1997 through
AI'Iil15, 1998, is attached hereto and marked as Exhibit "A.n
12. The Defendant had failed to make the payments as shown on Exhibit "An, leaving
a balance due and owing as of April IS, 1998 of $564.22.
13. Pursuant to Article VII, Se~tion 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.
14. Plaintiff has or will incur attorney fees in cOlmection with this action for which
Defendant is liable.
15. 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.
16. All conditions precedent to Defendant's liability have been satisfied.
3
EXHIBIT A
Barb.lra Stoddart Morran
Date Charge Amount Tow
November, 1997 Monthly Asscument 64.00 64.00
November, 1997 Special Assessment 33.00 97.00
December, 1997 Interest .49 97.49
December, 1997 Monthly Assessment 64.00 161.49
December, 1997 Special Assessment 33.00 194.49
January, 1998 Interest .97 195.46
January, 1998 Filing/Legal 59.50 254.96
January, 1998 Monthly Assessment 64.00 318.96
January, 1998 Special Assessment 33.00 351.96
February, 1998 Interest 1.76 353.72
February, 1998 Monthly Assessment 64.00 417.72
February, 1998 Special Assessment 33.00 450.72
March, 1998 Interest 2.25 452.97
March, 1998 Monthly Assessment 64.00 516.97
March,1998 Special Assessment 33.00 549.97
April, 1998 Interest 2.75 552.72
April, 1998 Monthly Assessment 64.00 616.72
April, 1998 Special Assessment 33.00 649.72
April, 1998 Legal Fees/Expenses 108.50 758.22
April 15, 1998 Payment Received < 194.00> 564.22
Total Amount Due $564.22
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COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION -LAW
BARBARA STODDART MORGAN,
Defendant
NO. 98.2375
ARBITRATION
PRAECIPE FOR LIS PENDENS
TO THE PR01HONOTARY:
Please index the above-captioned action for specific performance as a lis pendens against the
following real property:
ALL THAT CERTAIN unit in the property known, named and identified in the
Declaration Creating and Establishing Westwood Village Condominium, dated
January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, as
amended on various dates, referred to as Westwood Village Condominium, located
in East Pennsboro Township, Cumberland County, Pennsylvania, being known as
234 Brian Drive, Building 10, Block 5, in Westwood Village Condominium, Enola,
East Pennsboro Township, Cumberland County, Pennsylvania, having been
conveyed to Defendant by deed dated November 21, 1996, and recorded in the
Office of the Recorder of Deeds of Cumber land County in Deed Book 149, Page 421,
together with a proportionate undivided interest in the common elements, as defined
by the Declaration of 0.534%.
I hereby certify that this action affects title to or other interest in the above-described real
estate.
Dated: ;4, Z ~ I It I
SHUMAKER WILLIAMS, P.C.
By f;N ;14wL
David R. Breschi, 1.0. #59001
P.O. Box 88
Harrisburg, P A 171 08
(717)763-1121
84993
ANSWER TO CIVIL ACTION NO, 9s,JJ15" (ARBITRATION)
PLAINTIFF: COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM
DEFENDANT: -;p~ S{;ddfll2r 1?1l~fW
I. Admilled.
2. Admillcd.
3. To the best of my knowledgc, Admilled.
4. Admilled. ",
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S. To the best of my knowledge, Admillcd. ;~: <- -I
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6. Admilled. ;-'.l: C> '\)
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7. Admilled. :!::c" :.:.: '5.
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The 1963 IJnitl'ropcrty Act requires all sums assesscd by resolutions duly
lIllopled by the Council. The sums assessed by this Council wen: not assessed
by resolutions duly adopted by the Council and therefore may represent illegal
and invalid assessments.
9. Admiued in pan; Denied in pan. Same as 8. Above.
10. Denied. As my bunk statements will reflect, all monthly fees were paid and in a
timely manner.
II. NO. II DOES NOT EXIST.
12. See #10 above
13. Admilled, but my assessments were paid as scheduled.
14. Denied; Defendant is nOlliable for any allomey fees becausc Defendant's fees
were nul delin4ucnt but werc paid in good filith to an escrow fund of which
Council and its AlIomey were notilicd by counsel. Thc)' acknowledllcd Ihis filet
as well as lbe facltbatlhe funds would be tran~fi:rred out of escrow and returned
to Council upon Council's compliance with Judge Oler's Decree. 1I0WBVBR,
WHEN THE FEES WERE SUBSEQUENTLY RETURNED TO COUNCIL IN
ACCORDANCE WITH THE PROVISIONS OF THE ESCROW. COUNCIL
REFUSED TO ACCEPT THE MONEY .
.
Additionally, pan of the IlIelled lelll1 fees Council Is Illcmpl\na 10 collecl
incllllle lhe cosls (559.50) 10 file a Complain1 wilh D.J. Manlov~ which mulled in
II jllllllllll:nlllllllinlillhe Plaintiff(CoWlCil) due 10 its fui/ure 10 8PpcllT far hellTinll.
Funb:rmor~. Council bus refused to idcntify the Iellul f~'Cs and my 1~IIUI fc~s
dilli:r Irom uU the olher unilawnc:rs' 1ClluJ fees.
I 5. D~nio:d. SWll': 8S II 14 llbove,
16. Dcni~d. My rillhlS as 8 unilawncr IS lu.nnteed by the 1963 Unit Properly Act
Iwvc bo:~n violul~d. Sectiun 30S, Nun-compliance with Code uf Regulations.
AJmini.'trilllve I'ruvlsion.; Cuvenant.', et,.. - Failure to comply with the CoJe of
/{e~lIluti/lll.' unJ with .l'u,'h rules Kuverninll the Jeluits... ..hull be Kround.r fur un
u,'liunfur the recovery of damuges or for injunctive relief, or bOlh, muintuinuble
hy 'my n",,,,her 'ilthe ,'uum.jf /In behulf ufthe ,'uun",1 fir the unitllw,,,,r,, /lr, in u
proper ,'u,.e, by un uggrieved unil uwner.....
As an 8111lrieved unit owner who was denied my right 10 New Business al
Council's 1997 AnnulIl Eleclion M~eling, for which Judlle Ol~r ordcr~d
Coun~ilto hold II Special M~~linlllo conduct New Business lor Ih~ unil owners,
I eserow~d my fecs unlil r~solulion of Council's Non-compliance with lhe
Ilovcming docwnenls was remedied. Tberefore, lam entitled to recovery of
damagL'S-- NOT penalties.
WHEREFORE, Defendant requests judgment against Plaintiff as individuals,
nul as Council, in Ihe amounl cqual tu all the m"Cal fees a...""...,ed tu 1111 unit
uwners whu escruwed their fees in order to furce complillnc" uf the 1963 Unit
Pruperty Acl, and reimbursement uCuIlI"gal fees incurl'l:d in ublllining Judge
OIer's Decree to "nsure compliance witb tbe Code of Regubatiuns.
This WIIS willrul misconduct and gross negligence On tbe part of tbe individual
members of this Council for wbicb tbey sbould be penalized - not out of tbe
aggrieved bumeuwners' money - but tbeir own.
Tbey are spending our money to sue us.
See Cod~ of Rellulutions - Seclion W. Subsection 3. limenmificlllion of Co unci/
Memhers: .. ,slUlU bo: indenmilied by the unil own~rs allllinslllllliabilities and
expenses, includinll ullomcys' fees, reUlionably incurred by or imposed upon him in
cllnncclion with uny proceedinll in which he may become involved by reUS4111 ofhi~
heinll or IUIvillll heen llllll:mbcr undlor ol1ic~r ofthe Council. or uny ~eltlcm~nl
lh~r~ol: whelhcr or Ilul he is II Council memb~r und/or ol1ie~r atlhe lim~ sueh
expenses are incurred, EXCEPT IN SUCH CASES WHEREIN TilE COUNCIL
MEMBER AND/OR OFFICER IS ADJUDGED GUlL TV OF GROSS
.
.
COUNCIL Of WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - LA W
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. AND NOW, Ihe De.fendanr ;wi/hou/ lepresenlalion) brings additional evidence w~
BARBARA STODDART MORGAN,
Defendant
NO. 98-2375
ARBITRATION
certain unitowners escrowed their fees in this Condominium community for which they
should no/ be penalized with additional interest and legal (allomey) fees:
I. Leller dared June 5. 1 !J98 from William H. Hicks, President of Weslwood Village
Council, 10 Mr. Ronald Nisson, an aggrieved uni/owner, in response to Mr. Nisson's
leller to Council's property manager, PMI, conceming Council'3 neglect to maintain
units in accordance with the governing documents, i,e., for the BENEFIT of the unit
owner for which a fee is paid to Council. Please note that this communication is not
signed by any other Council member, and originated from Mr. Hicks' personal
Residence of 828 Lee Lane. SEE EXHIBIT "A"
2. Mr Hicks' personal response is representative of and the result of his personal motives for
the community-wide neglect which will ultimately result in severe depreciation oflhe
real estate in this community.
3. Mr. Hicks' personal response is representative orwhy the units have lost their
marketability and resale value.
4. Mr. Hicks' personal responsc represents "personal" gross negligence and willfill
misconduct and violates the governing documents oflhis community.
5. Mr. Nisson's fees were released from escrow and accepted by Council on May 22, 1998;
Mr Hicks' personal response is dated June 5, 1998.
6. Council is mandated by the Declaration to maintain Common Elements. The costs to
maintain the Common Elements are shared by all unilowners in accordance with each
unit's undivided proportionate share as recorded in the governing documents.
7. Council's Declaration stipulates in Subsection 12, page 15, under "Duties orlhe
Council," that the duties of the Council shall include the following:
RONALD NISSON
849 Louise Court
Enola, Pa
Property Management ,Inc.
1300 Market Street
Lemoyne, Pa. 17043
May 26, 199B
Dear Mr. Stephens,
IF Vou check our file of requests for maintenance over the
past year and beyond, you will find a myriad of requests
dated from 1996 to i99B, to which we have received nothing but
promises, written promises ,inaction and complete disregard
by Council and PMI.. Many of these requests date bqck to
well before the Assessment.
11m listing my requ~bts for maintenanc~ again, and expect
Council to have them corrected by the summer. Mr. Little,as
well as Bill Bop I', and Sherd Akens ,examined the problems
and addressed them.
1.' On~ piece of T-lll on our Patio - 4x6> ft. , badly needs
to b~ replaced. This i~ the area the Termite Inspector noted
on his report should be removed and replaced,as there is
a good possibility there are termite6 behind it, and it backs
up to our kitchen wall. "This is the most needed replacement
of them all. Ir is always wet and soggy, and wafe~ runs
down behind it from the roof.
2. Wood hOlding the downspout io pulling away from the
building (Bill Bopp tied an orange plastic strip on same,
7 months ago.) Itls still tied there.to mark it.
3. Gutters have not
are causing damage.
wetting T-lll siding
erating rotting the
been cleaned for the past 3 years, and
Rain water cascades down the building
excessively and will result in accel-
T-lll siding. .
4. The shed has rotted out at the bottom on three sides..'
Bill Bopp and Sheri Akens, in 1997 ( su~mer),looked at iT'.
condition and agreed it should have been done the year beforel
5. As a result of dammed up gutters, causing rainwater to .
cascade down the side of building, tbe mOUlding around th~
Sliding door, has warped and is pulling away from th~
building1nearlya foot away.
6. Back at the rear of our building, around tbe chimney,
the wood is rotting out in places; the insulation is
showing thru. This aleo wae pointed out by the Termite
Inspector, as needing to be replaced. And also
needstbe large bushes removed so sunlight can get
in and prevent termite rot.
\. .
c.c. Council of Westwood Vlllage
1>....<-1..
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Ronald Nisson
. ,
SETTI.EM~:NT ANI) RELEASE AGREEM~:NT
This Settlement and Release Agreement, is made this _ day ofScptember, 1998, by and
between The Council of Westwood Village Condominium (the "Council") and Barbara Stoddart
Morgan ("Morgan").
WITN~:SSETII:
The parties hereto, intending to be legally bound hereby, declare and agree as follows:
I. Morgan is the owner of 234 Brian Drive, which Unit is situated within the
condominium complex known as Westwood Village Condominium.
2. In August, 1997, Morgan began withholding her payments of the monthly
assessments due to Council and instead, she paid her monthly assessments into an escrow account
held by the law finn of Said is. Shuff and Masland (the "Escrow") until either of the following two
events occurred:
a. A Court Order resolving the lawsuit between the individual Unit Owners and
Council or;
b. Until Council agreed to call a special meeting of Homeowners for the specific
purpose of voting upon a resolution to remove certain Council members and
to appoint interim replacement members of Council to serve until regular
elections would be held.
3. Disputes and differences have arisen between the Council and Morgan concerning
legal fees, costs and interest claimed by the Council to be due and owing from Morgan in connection
with assessments paid into the Escrow.
4. A trial in the lawsuit between the Morgan and Council was held on December 5, 1997
and a Court Order was issued on February 9, 1998 which resolved the lawsuit between the individual
Unit Owners and Council. Despite the issuance of the Court Order, Morgan did not voluntarily pay
her escrowed monthly assessments. As a result, Council sought legal advice as to how to proceed.
On March 31, 1998, Council's attorney issued a demand upon Morgan to immediately pay her
monthly assessments that they had previously escrowed. The payment demanded by Council's
attorney included the escrowed monthly assessments, interest and attorney fees incurred by Council
in its collection of Morgan's escrowed assessments.
5. On or about April 13, 1998, Morgan tendered any and all assessments she held in
Escrow to the Council in full satisfaction of any and all amounts due to the Council in connection
with the escrowed assessments. Council rejected this payment and returned the payment to Morgan
because the said payment did not include payments of interest and attorney fees that Council
believed that Morgan was required to pay. Council then filed a separate collection action against
. ,
Morgan in the Cumberland County Court of Common Pleas, for the collection of the monthly
assessments, interest, costs, legal fees and other damages.
6. Following the filing of the collection actions by the Council, Morgan, on May I,
1998, filed a Petition to Cumberland County Court of Common Pleas, Docket No. 97.3436 (the
"Petition'), for Rule to Show Cause why the Council should not be permanently enjoined from the
collection of the interest and legal fees claimed to be due and owing by the Council in connection
with the Escrow.
7. It is the intention of the Council and Morgan to hereby sellle and compromise all the
disputes and differences between them fully and amicably arising out of, or in connection with, the
Petition and the Collection Actions and the amounts claimed to be due by the Council from Morgan
as evidenced by the sum set forth on Exhibit "A.u
8. In exchange for the mutual releases and promises contained herein and in full
consideration thereof, Morgan has paid to the Council's legal counsel simultaneously herewith, the
sum set forth on Exhibit "A" attached hereto, the receipt of which is hereby acknowledged by the
Council.
9. In exchange for the said payment and the other promises set forth herein, Morgan and
the Council, jointly and severally, does hereby remise, release, quit-claim, hold harmless and
discharge the other of and from any and all claims, demands, damages, actions, causes of action or
suits at law or in equity or whatsoever kind or nature, which Morgan may have against the Council
or which the Council may have against Morgan now or in the future arising out of, or in connection
with the Petition, the Collection Actions and/or the amounts claimed by the Council set forth on
Exhibit "AU attached hereto and made part hereof.
10. Except as otherwise provided herein, in exchange for the said payments and the
mutual releases contained herein, the Council shall, within ten (10) days of the date hereof,
discontinue the Collection Actions with prejudice, release any and all lis pendens filed in connection
with the Collection Actions against the real estate of Morgan and withdraw their Answer with New
Matter filed in response to the Petition in exchange for which Morgan agrees to withdraw the
Petition.
11. In the event that any party hereto breaches any provision of this Agreement, and the
non,breaching party retains counsel to assist in enforcing the terms thereof, and upon final
determination by a court that either Morgan or the Council materially breach this Agreement, the
parties hereby agree that the breaching party will pay all attorneys' fees, court costs and expenses
incurred by the non-breaching party in enforcing the Agreement.
12. Time is of the essence in this Agreement.
13. Tlus Agreement contains the whole agreement between the parties, and there are no
other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of
Barbara Stoddart Morran
Date Charge Amount Total
November, 1997 Monthly Assessment 64.00 64.00
November, 1997 Special Assessment 33.00 97.00
December, 1997 Interest .49 97.49
December, 1997 Monthly Assessment 64.00 161.49
December, 1997 Special Assessment 33.00 194.49
January, 1998 Interest .97 195.46
January, 1998 Filing/Legal 59.50 254.96
January, 1998 Monthly Assessment 64.00 318.96
January, 1998 Special Assessment 33.00 351.96
February, 1998 Interest 1.76 353.72
February, 1998 Monthly Assessment 64.00 417.72
February, 1998 Special Assessment 33.00 450.72
March,1998 Interest 2.25 452.97
March,1998 Monthly Assessment 64.00 516.97
March,1998 Special Assessment 33.00 549.97
April,1998 Interest 2.75 552.72
April,1998 Monthly Assessment 64.00 616.72
April,1998 Special Assessment 33.00 649.72
April,1998 Legal Fees/Expenses 108.50 758.22
April 15, 1998 Payment Received < 194.00> 564.22
May, 1998 Interest 2.82 567.04
May, 1998 Monthly Assessment 64.00 631.04
May, 1998 Special Assessment 33.00 664.04
May, 1998 Legal Fees/Expenses 711.20 1,375.24
May 22,1998 Payment Received < 388.00> 987.24
. .
.
May 26,1998 Payment Received <97.00> 890.24
June, 1998 Interest 4.45 894.69
June, 1998 Monthly Assessment 64.00 958.69
June, 1998 Special Assessment 33.00 991.69
June, 1998 Legal Fees/Expenses 109.60 1,101.29
July, 1998 Interest 5.50 1,106.79
July, 1998 Monthly Assessment 64.00 1,170.79
July, 1998 Special Assessment 33.00 1,203.79
July 9, 1998 Payment Received <97.00> 1,106.79
July 24,1998 Payment Received <97.00> 1,009.79
August, 1998 Interest 5.04 1,014.83
August, 1998 Monthly Assessment 64.00 1,078.83
August, 1998 Special Assessment 33.00 1,111.83
August, 1998 Legal Fees/Expenses 851.69 1,963.52
September, 1998 Interest 9.82 1,973.34
September, 1998 Monthly Assessment 64.00 2,037.34
September, 1998 Special Assessment 33.00 2,070.34
September 1, 1998 Payment Received <97.00> 1,973.34
September 28, 1998 Legal Fees/Expenses <250.00> 1,723.34
Adjustment
Total Amount Due $1,723.34
TO:
MANAGEMENT, INC" A TTNI JAMES STEPHENS, PRES.
TATE COM
INSURANCE COMMISSION
ATTORNEY GENERAL'S OFFICE
SELLER'S REALTOR
BUYER'S REALTOR
WESTWOOD VILLAG
CUMBERLAND COUNTY
The Ittarbed ,ubJect Reule Certlllclte w" Iubmllted to my mltor, lloDI wltb .
nllllber of a.m.rked oulblb, for I total of IDp.gel. Tbls certificate bu beeD
prep. red I'rom. "Ieaerle" Reule Certificate uled I. tbe IDdultry panu..t to tbe
P....ed COlllmu.'ty Act eDleted I. 1996 or 1997. Tbe refereac:ed Pe.aaylY.ala
UDlform CODdoml.lum Act, 68 Pa, C,S.A. IedloD 3407 DOES NOT APPLY TO
Wr.sTWOOD VILLAGE CONDOMINWM. THIS DEVELOPMENT IS
GOVERNED BY TIlE 1963 VNIT PROPERTY ACT (EXH 1). It clearly ltates ID
t.e VDlform CODdomlDlum Act of 1980 tllat tbe Act does aot IPPIy to .ay
cODdomlDlum establlliled prior to tbe d.te of tbe 1980 Act. Westwood Village wu
establlsbed I. 1975.
Tbere are mOI'llID.eeuneln 'Dd mlsrepreseDtatloDI coDtaiDed la tbis Certificate:
CouDell of Wnhvood Village CODdomlDlum IS NOT "WESTWOOD VILLAGE
CONDOMINIUM UNITOWNERS ASSOCIATION" wbleh is clearly coDfirmed ID
CouDell'l Dec:"ntloD d.ted J'DU'ry 1975 (EX/{ 2 }HIll! 1 tJrru 5). PMI Is
lIisrepreseDtlDg "CauDell" of Westwood Village CODdomlDlum AS WESTWOOD
VILLAGE CONDOMINIUM VNITOWNERS ASSOCIATION _ aD assoc:latioD
that doa Dot esist.
Item 2. - mlsrepreleDts mODtbly aSIelSmeDts. All mODthly 8SlessmeDts bave beeD
paid e:leept September, 1998. The figare of $2,070.34 represeDts
September 1998'1 mOiltbly assessmeat of $97.00 aad the balaace of
$1,973.34 represeDts ualdeatilied legal/fillag fees, the p.ymeat of which Is
curreatly ID i1tlgatloD. The refereDc:ed attached schedule iDdicates
mODthly auessmeDts for November, 1m tbra AugUlt, 1998 (10 mODths :I
$97.00) for a total of$970,OO. Also reflected OD this scbedule are paymeDts
wbich tot.1 $873.00 plul the uDpald September 1998 p.ymeDt of $97.00
totals $970.00. Of the $1,973.34 legal/filiag feel, tbe 559.50 added to my
.eeouDt ID J.au.ry, 1998 represeDts CouDcll's COlt to file a civil complaiat
(fees la escrow) with tbe District Justice, bat Couucll f.iled to appear, aad
the Diltrict Justice raled la favor of me, tbe Defeadaat (EXH. 3). Aad, tbe
balaDce of tbe legal/ filiDg fees (whicb CouDcl1 refuses to identify) were
SEP 2 2 1998
applied AFTER all my ac:rowed fea were tr...mltted to PMI. Evea If my
f_ had beea dellaqaeat, (wblcb tbey were aol - bal were paid la a Ilmely
fllbloa aad belel ID ac:row) PMIIColDcll vlolaled Ibelr OWl c:olleetlol
policy (EXH 4) wbeD Ieplac:tloD WII like. apla.t me at . time wbea ODIy
four (..) mODlb. of _meD" were beld ID ac:row - Dol six (6) II .lIted
OD tbelr c:ollec:tloD polley.
Ac:cordlall to tbe 1963 Va It Property Acl, Seello.. 706, Volualary Sale-
"VDpald _mea" due up to aDd Iac:ladlall date oraale are dae."
Tberefore, . plymeDt of 597.00 (564.00 regalar IIICIImeat aDd 533.00
spec:..llllellmeat) for tbe moatb of September 1998 Is due at my real
allte settlemeDt sebeduled for Seplember 30, 1998 10 falflll my obllgatloD
aDder tbe 1963 Valt Property Ad.
Item "b. Tbe 1998 Budget pllled ID November 1997 did DOt Iac:lude aDY fUDds for
"Exterior Wood ReplaeemeDt." However, tbe attacbed Resale
Certific:ate does.
Item S. Tbe 527,506.00 reserved for c:apital expeDdltures does DOt appear OD tbe
attacbed 1998 Badget - OperatioDs or tbe Casb Flow SlItemeDt Dor does
It appear OD tbe BalaDce Sbeet presented.
Item 9. IDsuranee - Council is DOt goveraed by tbe Uniform CODdomlnlum Ad, as
previously mentioDed. UDder tbe 1963 UDit Property Ad, Article VIII,
MiseelIaIlC:Ous, Sec:tillD 801 "IDsuraDcc" - refereDee is made to CouDcil's
DeclaratioD and Code of Regulation!. Aec:ordlDg to tbe Code (EXH 5 page
21), CouDcil must iDsure "Tbe Properties" (commoD elemeDu) for fnll
replacemcDt value.
Item 9 of tbis Resale Certificate indicates tbat 80% orvalue is iDsured.
Item 9 also contaias tbe lamed insurance carrier as "Commercial Union
Insurance CompaDv," but tbe "Common Policy Declarations" attacbed to
tbe Resale Certificate iDdicates tbal tbe "Travelers Group" Is tbe current
iDsuranee earrier. Additionally, acc:ording to Sedgwick James of PA.,
Inc:., tbe Travelen iDsuranc:e policy is scbeduled for Clnc:ellation on
September 25, 1998 due to non-payment.
Item 15. Counc:il IS an entity under a master association, "Westwood Village
Community Association, Inc:." to wbicb tbe property in wbole was deeded.
Attac:bed is a copy oCtbe Corporation's Artieles ofInc:orporation, page 1
the AssadatioD's DeclaratioD, and page 1 of Ibe Assoc:iation's By-Laws
(EX1/ 6).
Item 17. The "Dec:"ralt" rellaqulsbed rlgb" UpoD deedlDglbe developmell to Ibe
Watwood VllJalle Commualty Auoe"tloD, Ilc. (Board of D1rec:ton).
The Deed Is rec:orded II the CumbeNDd COUDty Court House II Deed
Book T, VoL 33, palle 705.
Baaed 01 tbe above observ.tloD................
TIDS "RESALE CERTIFICATE" ISSUED BY PMI APPEARS TO
REPRESENT "THEn BY DECEPTION"; "n.I.FoGAL
REPRESENTATION" AND VIOLATION OF TIlE FEDERAL FAIR
DEBT COLLECTION ACI', AND CONTAINS SERIOUS
INCONSISl'ENClES Wlm REGARD TO BUT NOT LIMITED TO:
A. THE APPROPRIATE LAW(S) UNDER WIllCD TIDS
CONDOMINIUM IS GOVERNED;
B. FAILURE TO IDENTIFY AND DEFINE MONTHLY
ASSESSMENTS - PAID AND UNPAID; AND, FAILURE
TO FOLLOW THE ESTABLISHED COLLECTION POLICY
PUBLISHED BY COUNCIL IN ITS NEWSLETTER;
C. FAILURE TO IDENTIFY LEGAUFlLING FEES;
D. FRAUDULENT NOTIFICATION OF TERM OF INSURANCE,
AND FAILURE TO MAINTAIN THE MANDATED COVERAGE
REQUIRED BY GOVERNING DOCUMENTS; AND
E. CONFLICTING, INACCURATE BUDGET INFORMATION,
Barbara A. Morgan
234 Brian Drive
Enola, P A 17025
717-732-7952 H
717-255-6514 W
15
"
Property Management. Ine
1300 MelllIIIl PO ..1122
I.ImorN P.... 1104s.0ez2
(717) 7>>4141 (717) 7>>4140
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AddrIM !nole PA 170Z8
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Price .--~!otal I
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Dnorlptlon
I'lnIl FIeAIt c..1MIcIlt
234ll1t1nllrlft
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c-.Par_To:
.
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SubToUIl
Shipping HondGng
T__
12ll.00
so.oo
10.00
Property Management Inc
Total
S2l.DO
Al.ac/atJan M""apment oiY/aJan
T/J.nk Youl
. .
CERTIFICATE OF SERVICE
I, David R. Breschi. Esquire, of the law linn of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Defendant's Motion for Sununary Judgment
on this date by placing a copy of the same in the United States Mail, Postage Prepaid, addressed
to:
Barbara A. Morgan
141 South Enola Drive
Enola, PA 17025
Dated: ~ U-/I ff? .
SHUMAKER WILLIAMS, P.C.
By~;fiXk~
David R. Breschi, Esquire
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
Attorneys for Defendant
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,
. COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBBRLAND
09'1'02
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
-, PlAINTlrf: N.wr....."DORlSS
fMORGAN, BARBARA A .,
141 S ENOLA DR.
BNOLA, PA 17025
L ~
VS.
DEFENDANT; NA.UII! tI'd AOOAESS
rcoUNCIL OF WBS'l'KOOD VILLAGB
1300 IIARKE'r ST
A'l"I'N1 JAMBS STBPHENS.PRBS
t!'EMOYNE, PA 17043
.,
~g ()\t No
[)IN.,,,, ttQtI
ROBBRT V. MANLOVE
-on 1901 STATB STREBT
CAMP HILL, PA
1010......(7171761-0583
17011-0000
c/o PHI, INC.
1300 MARKET ST
ATTN: JAMES STBPHBNS,PRBS
LBMOYNB, PA 17043
DockelNo,: CV-0000002-99
Dale Filed: 1/11/99
~
'*
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PI,A TNTTPP
[i] Judgment was entered for: (Name) MnR~J.t.r Rl"n"'ll~ ~
[i] Judgment was entered against: (Name) ('_mJN~TT. OF WRRTWnon VTr.r.IU1R
in lhe amount of $
1 n,;,; nn on:
(Date of Judgment)
2/21/44
o Defendants are joinlly and severally liable,
ei' Damages will be assessed on:
(Dale & Time)
o This case dismissed without prejudice.
Amount of Judgment
Judgmenl Costs
Interesl on Judgment
AlIorney Fees
Total
$ 1.000.00
$ 66.00
$ .00
$ .00
$ 1.066.00
O Amount of Judgment Subject to
AllachmenVAct 5 of 1996 $
o Levy Is stayed for _ days or 0 generally stayed.
Posl Judgment Credits
Post Judgment Costs
$
$
------------
------------
o Objection to levy has been flied and hearing will be held:
Certified Judgment Total $
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFT REENTRY OF JUDGMENT BY FILING A NOTICE
OF,APPEAL WITH THE PROTHON F COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THI CRIPT FORM WITH YOUR NOTICE OF APPEAL.
a4* \u,ill.irl(((
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I certify that this is a tru e proceedings co 'aI)\iflJi'.tI1'e' judgmenf,_"-.
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Date,. : -: :tbi~trict Jusli~el
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My commission expires first Monday of January,
2000
Aope 315-96
C_.AUH Of 'INNlnVAN'A
COUI' 0' COMMON 'LIAS
NOTICE OF APPEAL
- -
fROM
JUDICIAL DIIT.ICT
DISTRICT JUSTICE JUDGMENT
CtPR:R1.A/() ClU/TY
.________ __ COMMON'LlAIN.. qq- /3n r.,..."MfJlef(Y\
NOTICE OF APPEAL
Nolie. i, giwn that tho appellant ha, filed in ,he above C""" of Common Plea, on appeal f,om ,he judgmen' render.d by ,he Di,',ict Mlic. on ,ho
dotw and In tho ccno mentioned below.
;,;~ ~ VUl.""
OfAlft
1300 I'lorket Str""t, Lemoyne
01'1
r::~:;, 0::: .~1-112
5;';1 ZPl;CCC
A. /f'l.fnrl,/
PA 1 'lO43
,-,
2/23/ffiJ
'" Council or Illestwood Villall"
T\.IIt Of Af>f>UlANT 01 HIS ATTOtNfY ~ AGfNT
KEn IllIUIAl'5, P.C. -P::;Z,/J j? ~~ ,..
LT 19. Y David R. 8reschi, P.O. 80x 88, Harrisbur PA 17108
This block wiD be signed ONLY when ,hi. nolotion i. required under Po. RCP JP. No. /I appellant was CLAIMANT (see Pa. R.c.P.JP. No.
loo8a
This Notice of Appeal, when rec.ived by the Distric' Jus'ic., will ope,ot. o. a 1001 (6) in action belore District Justice, he MUST
SUPERSEDEAS to the judgment lot po.....ion in 'his co... FILE A COMPLAINT within twenty (20) days alte,
filing his NOTICE 01 APPEAL.
Barbara A. l'Ior9lln
CV~' lYYIIYT.>_gg
Signature 01 Prothonotaty 01 Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of lorm to be used ONLY when appellant was DEFENDANT I see Pa. R.C.P.JP. No. 1001(7) in action belore District Justice.
IF NOT USED, detach Irom copy 01 notice 01 appeal to be served upon appellee).
PRAECIPE: To Prothonotary
En..... rule upon
Barbarn A~ MnT'Mn
(Common Pleas No.
NQmo ot appcllcc(s)
)Withint1ty(:~~~~~~_e~:Z;~
, ,,::lgs- L~'''''''''IIan' or.. .,romey oragent
, oppelLee(.).
, oppelLee(.), to file 0 complaint in this appeal
RULEI To Barbara A. flIor~n
Nane of appcllcc(s)
(1) You are notified that a rule i5 hereby entered upon you to file Q complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
(2) Lf you do not file 0 complaint wi,hin this time, 0 JUDGMENT OF NON PROS WLLL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service wos by mail is the dote of mailing.
,
\J.l)o.....DMr)~ tv'O~or_
Dote: If'J\O^ ~ \..-, t3~ 19....llS..
AOPC312-84
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5. Pursuant to the Unit Property Act of 1963, the Code of Regulations
Article VII, Subsection I A, Page 312, gives Defendant Ihe right 10
assess, on an annual basis, a fee, against the unil owners, in the same
proportion as Iheir respective undivided common interests in the
common elements as set forth in the Declaration. and such fees shall
be payable by the unit owner thereof to the Council in twelve equal
monthly installments on Ihe first day of each month of each year.
6. The Unit Property Act of 1963 gives Defendant the right to establish
procedures in connection with the improvement, management,
operation, assessment and collection of certain expenses with respect
thereto. A Collection Policy was adopted by Defendant on June 17,
1996, hereinafter referred to as "Policy."
7. The Policy states in Paragraph 6 that "ifan account becomes six (6)
months delinquent, assess $750 counsel fee and title search charge of
at least $50 for a present owner search and file a District Justice
Action to enforce the lien. including interest, attorney fees, costs and
expenses." A copy ofthe Policy is attached hereto and incorporated
as Exhibit "A".
8. On or about August 17, 1997, counsel for Plaintiff notified Property
Management, Inc., who is the property manager and agent of
Defendant, that all future assessments from Plaintiff as an "aggrieved"
unit owner would be held in escrow pending the resolution of a
lawsuit (Cumberland County Docket No. 97-3436 Equity) between
the Westwood Village unit owners and Council of Westwood Village.
A copy ofthat letter is attached hereto as Exhibit "B".
Ref: Unit Property Act of 1963, Section 305.. .Non-compliance with
Code of Regulations shall be grounds for an action for the recovery of
damages or injunctive relief, or both, maintainable by...an aggrieved
unit owner. Also refer to Section 203 of the Unit Property Act...
"Invalidity of Contrary Agreements.--Any agreement contrary to the
provisions ofthis Act shall be void and of no effect;
9. On or about February 2, 1998, Defendant filed a district justice civil
action (Docket CV 0000041-98) against Plaintiff for unpaid
condominium fees. Plaintiff filed her intent to defend such action.
The District Justice Hearing was held on April 20, 1998 at which time
Defendant failed to appear and default judgment was entered against
Defendant and Defendant charged Plainlifffor the District Justice
filing fees, Therefore. no district iustice action to enforce a lien as
required bv Defendant's Policy was entered,
10. On or about March 30, 1998, a special meeting was held by Order of
Judge Oler resolving the underlying case Docket No. 97-3436 Equity.
II. On or about March 31, 1998, demand of all escrowed money was
made to PlaintitTby Defendant's counsel and that escrowed money
was turned over on April 13, 1998.
12. Thereafter, on April 28, 1998, Defendant filed suit against Plaintiff in
Cumberland County Court of Common Pleas Docket 98-2375,
requesting all escrow money plus interest, attorney fees and filing
fees, as of April 15, 1998, being an amount of$564.22, four (4)
months assessment
13. Defendants, in violation of the Policy, placed a lien on Plaintiff's
residence, then having an address of234 Brian Drive, Enola, PA
The Praecipe for Lis Pendens. dated Mav 29. 1998. did not reference
the Unit Property Act of 1963. as reauired bv the Act. and was
therefore iIIegallv filed. Plaintiff, pro se, filed a Complaint in
response to Docket 98-2375.
14. Plaintiff's residence was on the market since October, 1997. A
contract was written in August, 1997. On August 15, 1997, Plaintiff
went to Cumberland County Courthouse and was escorted by an
employee of the Office of Recorder of Deeds through all the systems
to find a lien on her property. This was none to be found. However,
at settlement, on September 28, 1998, Plaintiff was not able to transfer
clear title on her residence due to the illegal lien.
15. In order to transfer clear title, PlaintitT, under duress, was forced to
pay at the settlement table the following monies to Defendant:
$1.840.49 for legal and filing fees; $495.00 for special assessments
for a period oftime she did not own real estate in Westwood Village;
and $25.00 for an unauthorized Resale Certificate, a total of$2360.49.
16. At the settlement table, Defendant offered Plaintiff a discount of
$250.00 off the total amount in exchange for Plaintitl's signature on a
Release Agreement. PlaintitTrefused to sign the Agreement as it
contained gross inaccuracies associated with the facts surrounding the
above events, so the $250,00 discount otTer was withdrawn by
Defendant.
17. WHEREFORE, PlaintitTrequests Judgment against Defendant in the
amount of $2,360.49, plus costs and inlerest.
Date: J-;tj-97
Respectfully submitted,
~~ !).h/~(~t</
/ Barbara A. Morgan, pr(} se
141 South Enola Drive
Enola P A 17025
VERIFICATION
I, Barbara A. Morgan, verifY that the statements in the foregoing Complaint
are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18
PA C.S. subsection 4904 relating to unsworn falsification to authorities.
~
O--<LL .
Barbara A. Morgan
March 19,1999
FOR RESIDENT INFORMATION - ACTUAL COPIES ARE AVAJJ....
ABLE. PLEASE KEEP WlTIi YOUR BY.LAWS AND CONDO
DOCUMENTS AS THlS IS mE FORMAL PROCEDURE IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17/96.
COUNCIL Of WESTWOOD VIL!J\CE
DELINQUENT CONDO FEF. COLLECTION PROCEDURE
The following informalion renetlS the procedures for deliquent eoodo fee
collection at Westwood Village. This procedure assumes that no payments
arc made. and that the account is Illken completely tluough the collection
procedure. This procedure can terminate at any time with full payment of
the outstanding b:JJance of .he accounllo Ihal point
I.) Monthly assess men IS are due of the firsl (I) of each month fortltai
month.
2.) If payment is not reteh'ed in our office by the morning mail on the
fineenth (15), a friendly reminder Icller is sent 10 Ihe unit o\\ner.
3.) If p.yment is still not received in our office by the morning m.i1 on the
thirtieth (30) oflhe month. S 10 is alltomatic.llyodded 10 the .ccount \\ilh-
out a lellerto the unit owner.
.1.) If payment is still notreteived In our oflice by the morning mail on lhe
fiJleenlh (15) of the ne~t month, a final 45 day leller is mailed by cenified
mail to the unil o\\ner. This leller is firm. and .dvise if payment is Dot
received wilrun flJleen (15) days of the dale of the letter. the .ecountwill be
treated as defiantly deliquent and scheduled to be assessed .ddilional col.
lection costs in .nticipalion of action to enforce the lien by judicial 'means.
It will also be reponed to the Credlt Bureau and the mongagee notiJied of
the al\:Jching of a prioriry lien.
5.) If paymenl is nOlreceived within fiJleen (15) days. Credit Bureau is
infonned (i.e. 60 days deliquent) that the costs of m.i1ing :IJld collectioo
time arc .ssessed and a leller sent to mortg:lgee informing them of the
delinquen~' and the .ttachmenl oflhe prioril)'lien of the asscssnu:nt
Lellers .s .b(we should continue for si~ (6) months.
; 6.) If.n accounl becomes si~ (6) monlhs deliquent. .ssess S750 counsel
I $,e and titlc se.rch char~e of at least S50 for a present o\\ner sc.rch and file
. Distnct Justice Action tn enforce the lien including interest. attorney's
fees. costs and e.~penses.
7.) Secure District Justice Judgment and record transcript of Judgment
through counsel aner the appeal period e.~pircs (30 days aIler Judgment).
8.' Once the mailer is in the hands of counsel. as decision \\ill be made
whelher 10 execute on the Judgment against the unit. Ihe person.1 property
of the owners. their bank accounts or other assets or other similar action.
Atlhis time. mong.gee will be informedoflhe amount of the si~ (6) monlh
priority lien and this 11'11I likely constitute a default under the mongage.
9.) The intent is to work diligenlly 10 prevenllhe unp.id liens from e~'
ceeding Ihe si.~ (6) month prioriry gi\'en 10 condominium liens I'is a \is Ihe
firSl mortgage.
~)(H- A.
'Low omcn
SAlOIS, GUIDO. SHUFF & MASLAND
.
lulln l!. SlIkc
Unher. C. Seidl.
I!~w",~ e. Culdo
(;clIl(,cr S. Shufr
^,hcllll. Mnslolld
11111I1II:lJ. Dclly
IlIthold P. MI.III.ky
5cnll O. Moure
1l.,I~ J. r,..~
..
It. norESSIONAL COflrOUTIOtl
26 WeSllfi;h Slreel . POSl Omce Uo. 560
Corllsle, I'CIIII.yl.nlll. 1701)
Telephone: (717) 24).6222' rocsimile: (717) H).MR6
W"I Shore orn<o,
2109MltkC:ISllccl
C.m" 1111I, PA 11011
".I'l'honc: lllll 1Jl.)405
Poc.hnlle: 111111Jl.3~01
nrpl, To C.rllsle
August 27, 1997
Property Management, Inc.
P.O. Box 622
Lemoyne, PA 17043-0622
Attn, James Stephens
Re: Westwood Village Condominium Assessments
Dear Mr. Stephens:
Please be advised that this office represents The Board of
Westwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village.
The purpose of this letter is to advise that all future
assessments from individual unit owners will be held in an escrow
account by my of f ice, until the earl ier of two occurrences,
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
Village Condominiums, which an equity action is to be
heal"d December 5, 1997; or
2. Until the Council agrees to call a Special
Meeting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held.
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be the only fair and
reasonable way to go. The individual unit owners wish to express
that they are not withholding their assessments, and I can make
available the account information in the escrow account at any
time upon your request.
E)(r\ \3
717-2dJ-&dS& S~IDI5 GUlCO 5Hw'F
<71 pa2'02 ~ 27 .~
Property 11anagp.ment, Inc.
Jnmes Stephen9
August 27, 1997
Page TloIo
.
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I opecitica1ly put you on notice th.t thece lIoseocment. are
being collected, and the money io being reserved, so that no
interest Or late charges are to be aoses.ed against the unit
ownero, and no lieno may be pi aced against ,the homeowners'
property during the period that the assessments are held in
eBCr'O"".
Hopefully. this matter loIill be resolved in short order. It
is to everyone's benefit that this matter be resolved quickly, at
IoIhich time the funds can also be released to the Property
Management Company.
If you have any questions regarding this. or need. any
additional information, please do not hesitate to contact me, In
the eVent that you are represented by counsel cif yo~r aloin, please
have him O~ }ler contact me to discuss this 45 well.
Thank you for your coope~ation and ?etience in this macte~.
Very truly yours,
JJoh 1m
11AS!..>"'''ID
cc: Carol ~ovasat
Sherrl ;\k~ns
Kent Patterson, Esquire
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FOR RESIDENT INFORMATION. AC11JAL COPIES ARE AVAIl..
ABLE. PLEASE KEEP WIlli YOUR BY.LAWS AND CONDO
DOCUMENTS AS nus IS TllE FORMAL PROCEDURE IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17/96.
COUNCIL OF' WEST\VOOD VILLAGE
DELINQUENT CONDO FEP. COLLECTION PROCEDURE
The follo\Ving Illfonnalion reneels the procedures for dellquenl coodo fee
colleclion al Westwood Village. This procedure assumes thai no payments
are m~de. ~nd Ih~lthe accounl is taken completely lhrough the collection
procedure. This procedure can tennin~le ~t any time with full paymenl of
lhe oUlsuncUng b:Jt~nce orlhe account 10 th~1 point.
I.) Monthly ~ssessmenlS arc due or Ihe lirst (I) of each month for lhai
month.
2.) If payment is not received in our olliee by Ihe morning mail on the
lineenlh (IS). ~ friendly reminderleuer is sent to Ihe unil O\\lIer.
3.) If payment is slill nOI received in our ollice by Ihe morning m~il on the
thlnielh (30) oflhe monlh. S 10 is ~\Ilom~lically added 10 the account with-
out a leuer 10 Ihe unit owner.
~.) .fpaymenl i55till nOI received In ouroflice by lhe morning mail on lbe
nneenlh (15) oflhe nexI monlh. a Iinal4S day leuer is mailed by cenified
mail 10 Ihe unit O\\lIer. This leuer is linn, and am;se if pa~ment is nol
received IVitlUn nneen (15) days oflhe dale ofllle lener.the accounl will be
Ire:lled as defiantly deliquenl and scheduled 10 be assessed adcUtional col-
leclion costs in ~nticipalion of aclion to enforce lhe lien by jucUciaJ 'means.
II \Viii also be reponed to the CredJt Bure:Ju and Ihe mong:lgee nOlified of
Ihe att:Jching of ~ priority lien.
5.) If payment is nol received within lineen (15) days. CrecUI Bure:JU is
infonned (i.e. 60 days deliquent) Ihal the costs of l11:Iiling :lIld collection
time arc assessed and a lelter senl 10 mong:lgee infonning Ihem of Ihe
delinquen~' and Ihe all:lchmenl of Ihe priori~'lien of Ihe assessment.
leuers as above should conlinue for six (6) months.
; 6.) If an accounl becomes six (6) months deliquenl. assess S750 counsel
I fee and litle se:lrch char~e or alleast SSO for a present O\\lIer search and liIe
~ Dislllct Juslice Action to enforce the lien inclucUng interesi. anorncy's
fees. costs and e.~penses.
7.) Secure Districl Justice Judgment ~nd record Irnnscripl of Judgment
Ihrough counscl aner lhe appeal period expires (30 days aner Judgmenl).
8.) Once lhe m~Uer is in Ihe hands of counsel. ~s decision "ill be made
whether 10 execule on the Judgment against the unit. the personal property
of the oIVners. Iheir bank accounts or olher assets or other similar action.
Allhis lime. mongagee IViII be infonnedofthe amOUJ1t of the six (6) monlh
priorit)' lien and lhis II'lIIlikcly constitute ~ derault under the mongoge.
9.) The inlem is to work diligenll~' 10 prevent the UJ1paid liens from e=<-
cceding the six (6) month priority gil'en to condominium liens vis a ,;s the
lirsl mongage.
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~meyne, P^ ~7043-0622
~.I.'~:'.. J'l~.~.l! Stephens
:l.. Re i ' .Westl-/ood Village Condominium Assessments
J~.,"
_... Mr! ~t~phens:
'jf.-;.
:t.!;ir~eal!e be advised that this office represents The Ilollrd of
ISJ~!1P.9q Vq.lage, as well as some individual unit owners/ wllo
!i !nYo~v.. ed in two suits against: the Council of Westwood .
, '''ge. . . . .
IJ... . ,
~' '. ,"
,-.r'fhe P4rpose of this letter is i to advise that all futurj!
WU1!ments tram individual unit o'i'ners will be held in an escrow
.'~r~t.p~+~y :f;~::~ ~::~~ :::o::r~~e:h:fl:::U;:c::::::~s:
~>:'-~he inc:l~ y idual uni t owners an~ the Council of West"!ooc!
'!tvtll<\9E: <;ol1dominiums, which an equity acqon is .to pe
~'i hearej pecember 5, 1997; or I
.t...... . I
, >,,i: 2. Until the Council agrees to call a Special
...f.t~Meeting of f1om,;,owners for the specific purpose of voting
~'~~.~pon a ~esolut10n to remove certain council members and to
;';,:, ilPPClint interim replacement members of council to serye
~d!hH~ regular elections may be Ileld.
W.' \ . i
'~peca~se of the underlying problems in the Condominium
~lf; ?ll)c! 'I question as to how the assessments are be~ng l,!sed,
l&>Gscrow and escrow account seem to be. the only fair and
'Asenableiway to go. The individual unit owners wiSh to express
wt\~li~y' ,i~e not withholding ~hei: asseSSments, and I call f11~ke
iill!!p'~e !:he flccount informat1on 1n the escrow accouflt at any
~f~pon your request.
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SAlOIS, GUmO, SHUFF & MASLAN()
.
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A rAorcuIOH..." cn.rOAATlCttt
26 Welllllch SUcCI' POll Olliee 00. 560
C.rlllle, l'ellll'tl'~III. 1701l
Telephone: (717)243.6122' r.elllllll.: (717) 243.64R6
IV"t Sit." orn",
1109 M..,hll~UI
C.",~ 1111I. M IlUII
''clr,..,...: 1I1l/1ll.)40l
rlCllmllc: 111l11l1.)401
n.pl, ~ CorU,I.
I
'August 27, 1997
EXH B
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6. Denied. The Unit Property Act of 1963, Section 703, provides how charges assessed
against a unit owner may be enforced.
7. Admiued with qualification. This paragraph refers to paragraph 6 of Exhibit A lhat
speaks for itself and coatains muc:h more information than is referred to in paragraph 7 of Morgan's
Complaint.
8. Admittcd in part, denied in part. It is admitted that Property Management, Inc. is the
agent for Council and that it received Exhibit B from Attorney Johnna Deily in August, 1997. All
further averments of this paragraph are denied in that after reasonable investigation, Council is
without knowledge or information sufficient to form a belief as to the truth ofthis averment.
8A. Admitted with qualification. This paragraph refers to Sections 305 and 203 of the
Unit Property Act of 1963 that speak for themselves and contain much more information than is
referred to in Paragraph 8A of Morgan's Complaint.
9. Admitted in part, denied in part. It is admitted that on February 2,1998, Council filed
a district justice civil action against Morgan for unpaid condominium fees and the judgment was
entered against Council on April 20, 1998. All further aspects of this paragraph are denied in that
the allegations involve conclusions oflaw to which no response is required.
10. Admitted.
II. Denied. On or about March 31, 1998, Council demanded payment of all escrow
money from Attorney Karl Ledebohm, who purportedly was representing all of the escrowing unit
owners in Westwood Village. On or about April 13, 1998, Ledebohm tendered the entire principal
2
amounts due but refused to provide interest and costs to the principal due. As a result, Council
rejc:eted the tendered payment and returned it to Attorney Ledebohm.
12. Admitted.
13. Admitted in part, denied in part. It is admitted that Council placed a lien on Morgan's
residence. All further averments in this paragraph are denied in that the lien filed on Morgan's
residence was legal and appropriate pursuant to the Unit Property Act and the Westwood Village
Code of Regulations.
14. Denied. After reasonable investigation, Council is without knowledge or information
sufficient to form a belief as to the truth of this averment.
IS. Denied. Morgan was not under any duress. To the contrary, Morgan had ample
opportunity to have her rights litigated and could have utilized all the processes of law to protect
herself.
16. Denied. Council did not attend Morgan's settlement; rather, Morgan's agent
contacted Council's attorney and asked what the payoff was on Council's lien. The information
conveyed to Morgan's agent was that if a settlement and release fonn was signed, $250 would be
reduced on the amount owed. Morgan refused to sign it the proposed settlement and release and
decided to pay offthe entire amount ofthe claimed lien.
17. Denied. This paragraph constitutes a legal conclusion to which no response is
necessary.
3
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/ .
/l~1"L-lL- it) lIlt' );/4?(;i.c.-'
NEW MATfER
AND NOW COMES Plaintiff, Barbara A. Morgan, pro se, who
files this Answer to Defendant's New Matter:
19. Denied. To the contral)', Morgan who, by duress of her
person or of her property, was compelled to pay money for
which she was not liable. The said money was illegally
assessed and unlawfully demanded. Where a payment of
money has been induced by unfair practice, fraud and/or
deceit, the payment may be recovered.
20. Denied. Essential to waiver is the voluntary consent of the
payor. There was no voluntary consent on the part of
Morgan at the time she was forced to render payment.
21. Denied. No judgment against the Plaintiff associated with
the pending litigation and no valid compromise existed
between Plaintiff and Defendant at the time Morgan was
compelled to render payment.
22. Denied. There was no accord (agreement) associated with
the alleged claim. Without "accord," there is no
"satisfaction. "
23. Denied. Strict proof of such, if relevant, is demanded.
24. Denied. To the contrary, Morgan refused to sign a Release as
requested. Therefore, Morgan did not relinquish a right
claim, or privilege associated with said payment.
25. Denied. Litigation of alleged claim was still pending when
Morgan received the sole offer on her property which had
VERIFICATION
I, Barbara A. Morgan, verify that the statements in the foregoing New
Matter are true and correct to the best of my knowledge, informa~iQn and
belief. I understand that false statements herein are made subjec~ 10
penalties of 18 PA C.S, subseclion 4904 relating to unsworn falsification to
authorities.
// II ~
yfctUJ.L [;1 >r'f ("l
Barbara A. Morgan I)
Plaintiff, pro se
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BARBARA A. MORGAN
I'blllll"
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v..
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99.1317
CIVIL TERM
Dertldll.
IMPORTANT NOTICE
TO: Council of Westwood Village Condominium
David R. Breschi, Esq., Counsel for Defendant
DATE: June 9,1999
Pursuant to Rule 237-5 of Civil Procedure Rules, you are in default
because you have failed to respond to the Plaintirrs demand for
production of documents and things and entry for inspection and other
activities dated May 3, 1999 within the thirty (30) day deadline from
service thereof.
Unless you act within ten (10) days from the date of this notice, a
judgment may be entered against you without 11 hearing and you may
lose your property or other important rights,
Respectfully submitted,
Date: tf ~f~ 9 J
. L.~fUl~~.
~bara A. Morgan J
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
717-255-6514(W)
... ... ...... .
BARBARA A. MORGAN
PlaI.II"
VI.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99.1317
CIVIL TERM
Def'uda.t
CERTIFICATE OF SERVICE
I, Barbara A Morgan, Plaintiff, hereby c:ertifY that I served a true and COITec:t ropy of the
NOTICE OF DEFAULT associated with my Request for Production of Documents and
Things and Entry for Inspection and Other Activities which was served on the Defendant
May 3, 1999 pursuant to the subject Complaint.dated Marc:h 19, 1999; Defendant's
Answer to Complaint dated April 13, 1999 relating to Notic:e of Appeal From District
Justic:e Judgment, v. Council of Westwood Village, Common Pleas No. 99-1317 Civil
Tenn on this date by placing a copy ofthe NOTICE OF DEFAULT in the United States
Mail, postage prepaid, addressed to:
David R. Bresch~ Esquire
P. O. Box 88
Harrisburg, PA 17108
and
Council of Westwood Village
%PMI. Inc.
1300 Market St., P.O.Box 622
Lemoyne PA 17043
Respectfully submitted,
Date:
(;-1-;/1
. L A j! Jtf1-!M/
~ Mtr;an '.;
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
717-255-6514(W)
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REQUEST FOR AI)MISSIONS DIRECTED TO DEFENUANT
COUNCIL OF WESTWOOl) VILLAGE CONUOMINIUM
A. LEGAl. FEES:
I. Onc of too filing fees assessed against Plllintiff is thc District Justice filing fec of
S59.50 (Exhibit 1 in A.I of Defendant's Answer to Plaintitl's First Request for
Produc:tion ofDocumcnts). The District Justice entered judgment against Dcfendant
for failing to appear for the hearing on April 20, 1998.
2. Exhibit 2 in A.2 of Defendant's Answer to Plaintitl's First Request for Production of
Documents contains a subject heading, "Council of Westwood Village Condominium
v. Barbara Stoddart-Morgan - Dispute ovcr Condominium Assessment Fees."
3. The Speeial Meeting held by Defendant in compliance with Judge Olcr's Court Order
took place on March 30, 1998. Defendant's compliance with this Court Order
resolved the Escrow conditions to be fulfilled as sct forth in the August 27, 1997
notification to PM!, Inc. (Defendant's propcrty manager) from the Plaintiffs Attorney
Johnna J. Deily of the fam of Said is, Guido, Shuff & Masland. Thesc conditions
were acknowledged by Defendant in a lettcr from its counsel dated March 31, 1998.
4. In this March 31, 1998 letter from David Breschi, Esq. to Karl Ledebohm, Esq.,
Defendant demanded release of all escrowed assessments in compliance with the
escrow condition.~ set forth.
5. The first legal fee charged to Plaintiff as outlined on Exhibit 2 in A-2 of your Answer
to Plaintiffs First Request for Production of Documents was applied 04/01/98, two
days following Defendant's Compliance with the above-referenced Court Order and
one day following Defendant's demand for release of all escrowed assessments.
6. In accordance with the Fair Debt Collection Act (Federal), once a formal, written
dispute is filed, no further collections activities may be conducted by a third party
collector until the dispute is resolved.
7. Defendant granted an extension of the original deadline for release of escrowed
monies from April 7'h to April 13, 1998.
8. Plaintiffs escrowed monies were voluntarily released to Defendant April 13, 1998 by
Plaintiffs attorney.
9. Defendant filed suit against Plaintiff on April 28, 1998 for alleged delinquent fees,
interest and legal fees.
10. Two days prior to Plaintiffs real estate closing whcn shc Icarned that there was a lien
against her property, Plaintiff called Defendant's attorney to plead for completion of
pending liligation for which she would lake responsibility for ils ultimate outc:ome.
Defendant's caun~ltold her she hnd no c:holce bUlto pay the money al selllernent,
but then she could file a District Justice Complaint and recover her money. Plaintiff
followed tlull advice and judgment was entered against Defendant.
II. The Selllement and Rc:leose Agreemenl which Plnintiff wos demanded 10 sign
contained a statement, namely, "I'laintlff did not voluntarily release her e!ICrowed
monics".
12. As an aggrieved unit owner, Plaintiff had a legal righlto escrow her monthly
condominium fees for Defendant's non-compliance ofthe governing documents of
Westwood Village Condominium (See Unit Property Act of 1963, Section 305.)
B. COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM DELINQUENT
CONDO FEE COLLECTION PROCEDURE (Exhibit Ii, ofDefendant's Answer to
PlnintilI's Request for Produclion of Documents):
I. Exhibit 3 of the subject Answer is Defendant's collection policy which was
developed by Defendant's former counsel and duly adopted by resolution by
Defendant.
2. As stipulated in Item 4 ofits Collection Policy, Defendant did not report the alleged
delinquency to the Credit Bureau.
3. As stipulated ia Item 6, Defendant did not secure a District Justice Action to
enforce a lien against Plaintiff.
4. As stipulated in hem 6, Plaintiffs account was not six (6) months delinquent on
April 28, 1998,
5. Plaint ill's mongage holder was notified by Defendant of her alleged delinquent fees.
6. Plaintiffs mongage holder upheld the escrow action in compliance with the Federal
Fair Debt Collection Act.
7. The Lis Pendens dated May 29, 1998 filed by Defendant against Plaintiff did not
reference the Unit Property Act of1963.
C. SPECIAL ASSESSMENT:
I. The Declaration of Westwood Village Condominium stipulates in subsection 16,
"Assessments and their Enforcement." ... upon the VOLUNTARY SALE.. .of a unit,
the grantee slulll be jointly and severally liable with the grantor for all unpaid
COMMONWEALTH OF PENNSYLVANIA
CIVIL COMPLAINT
MoQIlloda' Dl.t,"'t Number
OJ Nam.,. lion
Add'els'
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-01.
/'lAIN"',.
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No","
Add,...
Cnunei 1 of Wen wood VUbge
C/O Property 'lu"ngellont. Inc.
P.O. lIox 622
'''''"')'''I', PA 17043
T...."."..No.
Robert Hnnlnve
1901 StRta Street
Cnmp 11111, P'" 17011 .
17171 761-05S3
COMPlAINT NUMBER: CV
DATE FIlED:
DErENDANTIII:
VI.
FlUNG COSTS $
5ErMCE COSTS $
J.C.P. $
~N~o
....
D.' Nome n~rbnra Stoddart
DAIE'i1lll Add,,,,,
.:I,.'f ' n4 Drilln Drlv~
F.rH')". PA 17075
0'2 N..me
Address
TOTAL $
]
. . TO THE bEFENOANf:'.: The .b'ovi."~~ni.d Plalnlllfll'ukl lodomont .Ollnll you 10( S 14]2. 00 'o~lher wlln COlt. ~PO';
. '. .,". .', ; the 'ollowlng el.lm IC/vll Fine. mu.l /no/od. err.llon oIlho 11.'ut. or Ordlneneo Vlolatodl: . . ,
In .ellord.lie. With .tlu!"(:ode af'IlISUlations of Westwood VUlaga Condominiums, Article VII,
Sections IB, IC, III snd the.D~cl.ration of Covenants and Restrictions, Article V, Section 1,
Art1Cle;'vIUJil~Hoaill'?1;aDc12rbeUndsnt 'oves the fOllowing to the Assoe1ationr '.
Monthly aSSe8BmeD~S ':f.n/th~"amoun.~'of $64.00 for Ausust. September,- October, November;
Deceinbei:':)99~1. J4nllarj)99S, 'Sjie'~fal assessments in the amnunt of $33.00 for August, .Septembor,
October, Nov4mber, December 199~1'~anuary 1998. late charges in the smount of $10.00 for
AUgust, September. October, Novsmber. December' 1997. lesal charges in the amount of $SOO.OO.
. . ..':: . ~"."" ';" . \ .
',..."'" :'. "Proper'tyrkanage"ent, Ine,;, as ngenta for:
,..... ';1, . 1:0llncf1 'i,'t' 1(P~~"nod Vfll'ep verify Ihal Ihe,.ct..ellorlh
. In Ihl. complaint ere true Bi1d correct to lhe be" 01 my kllO'Ntedge. Informelion, end bel..,. TN. "elemenl Is made "'bloct 10 lhe penall... 01
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,... Robert E. Maxvc1l, Jr. Mariager .... ,,'
Plainliff's
Marney.
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Address:
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HEARIN!! is SCHEDULED BY olsmlcr JtJsncE AS FDlJ.OWS:
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Dale
TIme
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIAteLY
AT THE ABOVE TELEPHoNE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR
DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT,
IF YOU HAVE A cLAiM against the ~Ialnlilf which Is within dislrlct Jusllce Jurisdiction and which you Inlend to assert ellhe
hearing, you must mo 't on a compialnl form allhis ollleo at loasl live (5) days before lhe dale sel 'or Ihe hearing. If yoU ha....
a elafm against the plalnllff Which Is not Wllhln dlslrlcllusllce lurisdlctlon. you may request Informallon lrom this office as 10 lhe
procedures you may follow.
Aope 308,90
DEFENDANT'S (0-1) COpy
.,
Shumaker Williams,p'c.
ATTORNEYS AI LAW
October 29, 1998
Billed through 10/29/98
Bill number
C015-98629-011 ORB
Council ot Westwood Village Condominium
c/o William Hicks, President
828 Lee Lane
Enola, PA 17025-1520
Council of Westwood Village Condominium v. Barbara Stoddart-
Morgan - Dispute over Condominium Assessment Fees
629-98
FOR PROFESSIONAL SERVICES RENDERED
04/01/98 ORB
04/10/98 NJR
04/14/98 ORB
04/16/98 ORB
04/20/98 ORB
04/21/98 NJR
04/26/98 ORB
04/28/98 ORB
OS/26/98 ORB
OS/28/98 NJR
OS/29/98 ORB
06/01/98 ORB
06/10/98 ORB
06/11/98 ORB
Cont. with paralegal reo calculations of amounts
owed; review account summary prepared by
paralegal
Preparation of schedule; conference with David R.
Breschi
Prepare, revise, review complaint to be filed
against defendant
Review check received from Morgan; prepare/review
letter to Morgan
Review payment history; prepare complaint
Preparation of Complaint
Final review of Complaint; letter to
Prothonotary; Prepare Interrogatories; Prepare
Notice of Deposition
Appear at Cumberland cty Prothonotary/Sheriff re:
filing/service of Complaint
Review/execute Default Notice
Preparation of Default Notice; Preparation of Lis
Pendens
Review/execute Praecipe for Lis Pendens
Travel to Cumberland County Ct and file lis
pendens
Prepare for Deposition; Take Morgan Deposition
Phone with Cumberland County Prothonotary re:
status of Answer
.50 hrs
,30 hrs
1. 00 hrs
.30 hrs
1,00 hrs
.40 hrs
1.00 hrs
.20 hrs
.20 hrs
.20 hrs
.20 hrs
.20 hrs
2.40 hrs
.20 hrs
Shumaker Williams,p'c.
ATTORNEYS AT lAW
Council ot Westwood Village Condominium
Bill number C01S-98629-011 ORB
06/11/98 ORB
06/15/98 ORB
06/16/98 ORB
07/06/98 ORB
07/14/98 ORB
07/21/98 ORB
09/22/98 ORB
Prepare First Request tor Production ot
Documents; Research Summary Judgment issues
Prepare letter to prothonotary re: obtaining copy
of Answer
Review Answer and Amended Answer tiled by Morgan;
prepare Motion to Strike Answer
Review Rule issued by J. Hess; letter to B.Morgan
Phone with B. Hicks re: case status and case
strategies
Review B. Morgan's response to Rule
Review correspondence from B. Morgan; letter to
Council re: Morgan correspondence
Total Fees for this Matter
DISBURSEMENTS
Prothonotary, Cumberland County - Filing
Complaint
Reproduction - automated
Cumberland County Sheriff - service Fees
Reproduction
Prothonotary, Cumberland County - Filing Lis
Pendens
Reproduction
Reproduction - automated
Long Distance Telephone Charge
Reproduction
Central Pennsylvania Court Reporting - Deposition
of Barbara Ann Morgan
Reproduction
Reproduction - automated
Reproduction - automated
Tele-copier
Reproduction - automated
PAGE 2
,80 hrs
.20 hrs
1.00 hrs
.40 hrs
.30 hrs
,30 hrs
.50 hrs
$ 1,466.90
45.50
19.20
34.00
1. 60
9.00
.40
3.40
1.34
.80
167.85
2.40
.40
1.80
4.00
9.40
Shumaker Williams,p'c,
ATTORNEYS AT LAW
PAGE 3
Council ot Westwood Village Condominium
Bill number COI5-98629-011 ORB
Tele-copier
Reproduction - automated
Reproduction - automated
8.00
2.60
2.40
Total disbursements for this matter
BILLING SUMMARY
David R. Bresch!
Nancy J. Runk
TOTAL FEES
TOTAL DISBURSEMENTS
----------
$ 314 .09
10.70 hrs
.90 hrs
11.60 hrs $ 1,466,90
$ 314.09
TOTAL CHARGES FOR THIS BILL
----------
LESS PREPAID AMOUNT
TOTAL BALANCE NOW DUE
$ 1,780.99
$ 1,780.99 CR
----------
$
.00
PLEASE REMIT TO:
EIN:
TERMS:
P.O." BOX 88, HARRISBURG, PA 17108
23-2013661
NET 30
FOR RESIDENT INFORMATION. ACTUAL COPIES ARE AVAlL.
ABLE, PLEASE KEEP WITH YOtJll BY.LAWS AND CONDO
DOCUMENTS AS nus IS TIlE FORMAL PROCEDlIR.e IN PLACE
AS UNANlMOUSL Y APPROVED BY COUNCIL ON 6/17196.
COUNCIL OF' WESTWOOD VILlACE
DELINQUENT CONDO FEF. COLLECTION PROCEDURE
The following IlIfoml:lllon reneelS Ihe procedures for dellquenl coodo fC1:
colleclion ~l Weslwood ViII~ge. This procedure ~ssumes I~I no p:IymenlS
~re m~de. ~nd Ih~lthe ~ccount is Inken completely Ihzough the collection
procedure. This procedure c~n lermin~te ~t ~ny lime with full p:I~'menl of
lhe oUls~nding b:11~nce of Ihe ~ccountto th~1 poinl.
I.) Monlhly ~ssessmenlS ~re due of the /irsl (I) of ach montll for thai
month.
2.) If p~ymenl is not receh'ed in our oUice by the morning m~1 on !he
/ineenlh (15), ~ friendly reminder leller is senllO the unil O\\l1er.
J.) If p~yment is still nol received in our oUiee by the morning m~i/ on the
Ihirtielh PO) of the month. S 10 Is ~lItom~litollv ~dded 10 the ~ecounl \\;!h.
oul ~ leller to the unit owner. . .
4.) If p:lyment is still not received In our oUice by the morning m~i1 on lbe
nneenth (15) of Ihe ne,,1 month. ~ /in~1 45 d:1y lellet is m~i/ed by eerti1icd
m~i/ to the unit O\\l1er. This leller is /irm, ~nd ~cI-.;se if p:I~'ment is Dot
received within fU\een (15) d:1ys of the d:1te oflhe leller. the ~ccounl will be
trc:lled ~s de/i~ntly deliquent ~nd scheduled to be ~ssessed ~ddition~1 col.
lection costs in ~nlicipation of action 10 enforce Ihe lien by judici:1l'me.:lJlS.
It will also be reported 10 Ihe Credit Bureau ~nd the mortg:Jgee notified of
Ihe ~tl:lching of a prioril)' lien,
5.) Ifpoyment is nol ~eceived wilhin nneen (IS) d:1ys. Credit Burc.:lU is
infonlled (i.e. 60 d:1ys deliquen[) Ih~t Ihe costs of mailing :lDd collectioa
lime arc assessed and J leller senl [0 martg:Jgee infarming Ihem of the
delinquen~' and Ihe ~ll.:lchment of the priorily lien of Ihe ~sStssmenl.
Lellers ~s atxl\'e should canlinue for si.~ (6) months.
; 6.) If ~n ~ccaunt becomes si.~ (6) monlhs deliquenl. ~ssess S750 counsel
1 fee ~nd lillc se~rch ch~rge af ~[ least SSO far ~ present O\\l1er Starch ~nd liIe
a Dislricl Juslice AClion 10 enforce the lien including inleresi. ~llamcy's
fees. costs and e"penses.
7.) Secure District Justice Judgment and record Iranscript of Judgment
through caunscl aner the appeal period expires (30 d:1ys :tl\et Judgmen[).
8.) Once [he m~ller is in the h~nds of counsel. ~s decision "ill be made
whether to exccute on Ihe Judgment ~g~inslthe unil. the person~1 propert:-.
of the owners. their bank ~ccounts or olher assets or other simil~r ~ction.
AI this time. mortgagee will be informed of the ~mount of the six (6) month
priorily lien ~nd this wllllikcly constitute a dernuh under the mongage.
9.) The inlenl is 10 work diligcntly 10 prevent lhe unpaid liens from e.~-
ceeding lhe six (6) month prioril)' given to condominium liens vis a \;s the
first mortgnge,
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4. In May, 1997, Council held its annual (election) mecting of the unit owners. In
violation of the Code of Regulations. Council refused to c:onduct new business in
aceordance with its published agenda because it kncw or should have known that
the unitowners had sufficient votes to remove William Hicks from Couneil.
5. On June 26, 1997, Morgan, along with three: other unit owners at Westwood
Village on behalf of approximately 24 additional unit owners filed a class-action
suit against Council alleging, among other itc:rns, that the May, 1997 annual
meeting violated the Code of Regulations as well as the rights of the unitowners
by refusing to c:onduct new business at this meeting.
6. On August 27, 1997, the unitowners' allomey notified Council's agent, Property
Management, Inc., that all future assessments for some aggrieved unitowners
would be held in escrow pending the resolution of the lawsuit betwecn the
unitowners and Council. A copy of this notice is allached hereto as .........Exh 7
Also see Article III, Section 305 (Noncompliance) of the 1963 Unit Property Act
which is attached hereto as ..........................................................Exh 8
Article III, Scction 305 of the 1963 Unit Property Act stipulates, "Failure to
comply with the Code of Regulations and with such rules governing the details of
the use and opemtion of the property and the use of the common elements as may
be in effect from time to time and with the covenants, conditions, and restrictions
set forth in the declaration or in deeds of units or in the declaration plan shall be
I!rounds for an action for the recovery of damal!es or for iniunctive relief. or both.
maintainable bv anv member of the Council on behalf of the Councilor tbe
unitowners or, in a proper c:ase. bv an al!l!rieved unitowner or bv anv
persons who holds a mortl!al!e lien upon a unit and is ael!rieved bv anv suc:h
nonc:ompliance" (emphasis added)
7. Morgan placed her condominium on the market in October, 1997 when William
Hicks, President of Fuglee, Inc., who was also a Council member at that time,
sued her for libel, defamation and interfercnce with contmctuaJ relationships
because she exercised her rights as a unitowner.. The suit was subsequently
dismissed.
8. Council wrote to Morgan on October] 3, 1997 and told her that the escrowing of
assessments was unlawful (its opinion) and that she would be subject to all
penalties and consequences in the collection process. Please note that in this
correspondence Council specifically states also that it did not believe it was legal
to escrow, and that it would follow its collections policy........................Exb 9
9. Morgan continucd, for the most part, to escrow her monthly fees pending
resolution of the unitowners' lawsuit in accordance with the unitowners' allomey's
August 27, ] 997 notice of the intent to escrow monthly assessments.
2
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..
10. In February, 1998 Council filed a Civil Complaint against Morgan with the
District Justice for delinquent fees. The hearing was held on April 20, 1998.
Council failed to appcarandjudgment was entered against Council.........Exb 10.
II. As a result of the unitowncrs' litigated lawsuit against Council. Judge Oler issued
an order daled February 9. 1998 ordering Council to hold a Special Meeting for
the purpose of pcrmilling any unitowncr to make a motion for the removal from
the Council of Westwood Village of William Hicks, and to secure a vole thereon
at the meeting.........................................................................Exb 11
12. The Court-ordered Special Meeting was held on March 30, 1998.
13. The Defendant, through its counsef, by feller daled March 31, 1998,
licknowledgcd and upheld the resolution of the pending dispute pursuanl to
Attorney Deily's August 27, 1997 notice of unit owners' intent to escrow their fees
until certain conditions were met. Council demanded the "release of the escrowed
assessments by 12:00 pm Friday, April 3, 1998 so that the acc:ounts may be made
current"................................................................................. Exb 12
14. The deadline for the release ofthe escrowed assessments was extended to 4-13-98
in order to obtain releases from all escrowers................................. ...Exb 13
15. Council was notified on April 7, 1998 that Morgan, among others, had authorized
the release of her escrowed assessments in the amount of $388.00 (total amount
held in escrow at this time) which represented four (4) months of escrowed
assessments.. ...................... ................ ....... ...................... .......Exb 14
16. Morgan's total escrowed assessments along with the escrowed assessments from
18 other unitowners were submilled to Council's allorney by leller dated April 13,
1998 but subsequently rejected because the payments did not include interest,
legal and filing fees..................................................................Exh IS
17. As indicated above, the District Justice Hearing was held April 20, 1998 and
Council failed to appear so judgment was entered against it.
18. On April 27, 1998 (7 days following the District Justice Hearing at which Council
failed to appear), Council filed a Civil suit through the Court of Common Pleas,
Cumberland County against Morgan for four (4) months escrowed fees which had
already been released to Council, plus additional costs for legal and filing fees,
and interest which it threatened to do in its letter dated December 15, 1997 from
Property Management, Inc. (its management agent) after receiving the District
Magistrate's Judgment against Morgan...........................................Exb 16
19. Filing suit against Morgan for four (4) months assessments is also in violation of
Council's own Collection Policy and Procedure.................................Exb 17
3
.., ,1.,
".....,
i
20. Subscquentto tiling suit, Council allegedly accepted Morgan's previously rejceted
peyment of escrowed fl.'Cs on May 22, 1998.
21. Subscqucntto ae:eepting Morgan's payment of escrowed assesscd, Councilliled a
Pmc:eipe for Lis Pendens against Morgan on May 28. 1998. This Lis Pendens did
not referenc:e the Unit Properly Act of 1963 lIS required by the Unit Properly Aet
of 1963, Arliclc VII, See:tion 703. page 8 of Exh 8. and liIing a Lis Pendens
action was also in violation of Council's Collc:etion Poliey,llem No.6, ofExh 17.
A e:opyofthe Lis Pendens isallached hereto as................................ Exh 18
22. Morgan placcd her properly on the market in October, 1997 when Mr. Hicks,
President of Fuglee, Ine:.. who was a Council member at the same time, sued her
for libel, defamation and interference with contmctual relationships. The suit was
dismissed. Morgan received the first otTer on her unit in August, 1998 and
according to records maintained in the Court House, there was no lien pending on
her properly in August, 1998.
23. Morgan's Realtor advised her two days prior to selllementthat Council had a lien
against her properly and that she had to pay it in order to transfer title to her real
estate. Morgan called Council's attorney to tind out what was going on as she
wanted to continue on with the pending litigation on the lawsuit against her.
Counsel advised Morgan to pay the amount due and sue Council through the
District Justice system to get her money back. Counsel also told Morgan that if
she did not pay the "lien" she could not transfer title to her property. He offered
to reduc:e the amount by $250 but did not mention a release being signed.
24. At the settlement table, a release was presented to Morgan. She read it and
discovered gross inaccuracies such as "Morgan did not voluntarily release her
escrowed monies," and other misleading statements. She refused to sign the
release. A e:opy of the proposed Selllement and Release Agreement is attached
hereto as ..............................................................................Exh 19
25. By Ictter dated Scptember 28, 1998, Council's attorney wrote to the title company
handling Morgan's settlement. It is stated in this letter that the Lis Pendus would
be lifted upon the condition that a ropy of the check is faxed to its office and the
attached Settlement Agreement is executed by Morgan and faxed to its offic:e.
These conditions were not met, but Courn:i1 lifted the Lis Pendens in spite of
Morgan's refusal to sign the Release.
26. Notwithstanding the legality of escrow tor non-compliance of the governing
documents and the alleged illegal lien and lawsuit, Morgan was also unlawfully
required to pay special assessments for 15 months after the date of sale of her
unit ($495.00) and $25.00 for an illegal Resale Certificate. These charges were
paid separately from the legal fees as they were included on Morgan's settlement
sheet. In this suit. Morgan is challenging $1840.49 in legal fees, $495.00 for
special assessments for a period of time she no longer owned the unit, and the
4
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TABLE OF
CONTENTS
.
... ,
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EXH I
EXH2
EXH3
EXH4
EXH5
EXH6
EXH7
EXH8
EXH9
EXH JO
EXHII
EXHI2
EXH 13
,-..,
.
INDEX TO EXIIIBlTS
DEFENDANT'S NOTICE OF APPEAL FROM DISTRICT
JUSTICE JUDGMENT AND PRAECIPE TO ENTER RULE TO
FILE COMPLAINT AND RULE TO FILE
PLAINTIFF'S COMPLAINT
DEFENDANT'S ANSWER TO COMPLAINT AND NEW
MAlTER
PLAINTIFf"S RESI'ONSE TO NEW MA'rrER
DEFENDANT'S ANSWER TO PLAINTIFF'S FIRST REQUEST
FOR PRODUCTION OF DOCUMENTS; PLAINTIFF'S
REQUEST FOR PRODUCTION OF DOCUMENTS
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR
ADMISSIONS; PLAINTIFF'S REQUEST FOR ADMISSIONS
AUGUST 27, 1997 LETTER FROM LA WFlRM OF SAlDlS,
GUIDO, SHUFF & MASLAND ADVISING OF UNlTOWNERS
INTENT TO ESCROW FUTURE ASSESSMENTS
UNIT PROPERTY ACT OF 1963
OCTOBER 13, 1997 LElTER TO PLAINTIFF FROM
DEFENDANT ADVISING OF ITS OPINION RELATIVE
TO ESCROW ACTIVITY
DISTRICT JUSTICE DEFAULT JUDGMENT AGAINST
DEFENDANT
JUDGE OLER'S FEBRUARY 9, 1998 OPINION AND DECREE
NISI - CIVIL ACTION NO. 97-3436 EQUITY TERM
MARCH 3 I, 1998 LETTER FROM DEFENDANT
ACKNOWLEDGING BOTH EVENTS OF ESCROW ACTIVITY
HAVE OCCURRED AND ITS REQUEST FOR RELEASE OF
ALL ESCROWED ASSESSMENT MONEY
APRIL 2, 1998 LEITER FROM DEFENDANT EXTENDING
DEADLINE FOR SUBMISSION OF ALL ASSESSMENTS
PREVIOUSLY ESCROWED TO APRIL 13, 1998
EXHIBIT 1
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EXHIBIT 2
.
)i 6\j1
BARBARA A. MORGAN
......1111'
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99-1317
CIVIL TERM
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COMPLAINT
I. Plaintiff is Barbara A. Morgan, an adult individual residing at 141
South Enola Drive, Enola, Cumberland County, Pennsylvania who
fonnerly owned and lived at 234 Brian Drive from November, 1996 to
October I, 1998, which is located in Westwood Village
Condominium, Enola, Cumberland County, Pennsylvania.
2, Defendant is the Council of Westwood Village, a governing body of
five (5) individuals privately elected by the unit owners of Westwood
Village, Council is responsible for providing for the improvement,
management, operation, assessment and taxation of such property on
behalf of the unit owners and in compliance with and subject to the
provision of the Unit Property Act of 1963. Defendant's mailing
address is 1300 Market Street, % Property Management, Inc.,
Lemoyne, Cumberland County, Pennsylvania.
3. Pursuant to the Unit Property Act of 1963, the Declaration
Establishing Westwood Village Condominium was adopted and
recorded in Misc. Book 213, Page 283, Cumberland County, on
January 29, 1975.
4. The Declaration required that a Code of Regulations be established
and adopted for the purpose of governing the Condominium property.
The Code of Regulations was recorded on January 29, 1975 in
Cumberland County, Misc. Book 213, Page 328.
--
8.
,.
5.
Pursuant to the Unit Property Act of 1963, the Code of Regulations
Article VII, Subsection lA, Page 312, gives Defendant the right to
assess, on an annual basis, a fee, against the unit owners, in the same
proportion as their respective undivided common interests in the
common elements as set forth in the Declaration, and such fees shall
be payable by the unit owner thereof to the Council in twelve equal
monthly installments on the flI'st day of each month of each year.
6.
The Unit Property Act of 1963 gives Defendant the right to establish
procedures in connection with the improvement, management,
operation, assessment and collection of certain expenses with respect
thereto. A Collection Policy was adopted by Defendant on June 17,
1996, her.einafter referred to as "Policy."
7,
The Policy states in Paragraph 6 that "if an account becomes six (6)
months delinquent, assess $750 counsel fee and title search charge of
at least $50 for a present owner search and file a District Justice
Action to enforce the lien, including interest, attorney fees, costs and
expenses." A copy of the Policy is attached hereto and incorporated
as Exhibit "A".
On or about August 17, 1997, counsel for Plaintiff notified Property
Management, Inc., who is the property manager and agent of
Defendant, that all fL.!ture assessments from Plaintiff as an "aggrieved"
unit owner would be held in escrow pending the resolution of a
lawsuit'(Cumberland County Docket No. 97-3436 Equity) between
the Westwood Village unit owners and Council of Westwood Village.
A copy of that letter is attached hereto as Exhibit "B".
Ref: Unit Property Act of 1963, Section 305... Non-compliance with
Code of Regulations shall be grounds for an action for the recovery of
damages or injunctive relief, or both, maintainable by.. .an aggrieved
unit owner. Also refer to Section 203 of the Unit Property Act...
"Invalidity of Contrary Agreements.--Any agreement contrary to the
provisions of this Act shall be void and of no effect;
9. On or about February 2, )998, Defendant filed a district justice civil
action (Docket CV 0000041-98) against Plaintiff for unpaid
condominium fees. Plaintiff filed her intent to defend such action.
The District Justice Hearing was held on April 20, 1998 at which time
-,
"....
Defendant failed to appear and default judgment was entered against
Defendant and Defendant charged Plaintiff for the District Justice
filing fees, Therefore. no district iustice action to enforce a lien as
required bv Defendant's Policv was enlcred.
10. On or about March 30, 1998, a special meeting was held by Order of
Judge Oler resolving the underlying case Docket No. 97-3436 Equity.
1 1. On or about March 31, 1998, demand of all escrowed money was
made to Plaintiff by Defendant's counsel and that escrowed money
was turned over on April 13, 1998.
I 2. Thereaft~r, on April 28, 1998, Defendant filed suit against Plaintiff in
Cumberland County Court of Common Pleas Docket 98-2375,
requesting all escrow money plus interest, attorney fees and filing
fees, as of April 15, 1998, being an amount of$564.22, four (4)
months assessment .
13. Defendants, in violation of the Policy, placed a lien on Plaintiffs
residence, then having an address of234 Brian Drive, Enola, PA
The Praecioe for Lis Pendens. dated Mav 29, 1998. did not reference
the Unit Prooerty Act of 1963. as required bv the Act. and was
therefore iIIegallv filed. Plaintiff, pro se, filed a Complaint in
response to Docket ~8-2375.
. 14. Plaintiffs residence was on the market since October, 1997. A
contract was written in August, 1997. On August 15, 1997, Plaintiff
went to Cumberland County Courthouse and was escorted by an
employee of the Office of Recorder of Deeds through all the systems
to find a lien on her property. This was none to be found. However,
at settlement, on September 28, 1998, Plaintiff was not able to transfer
clear title on her residence due to the illegal lien.
15. In order to transfer clear title, Plaintiff, under duress, was forced to
pay at the settlement table the following monies to Defendant:
$1.840.49 for legal and filing fees; $495.00 for special assessments
for a period of time she cJidnot own real estate in Westwood Village;
and $25.00 for an unauthorized Resale Certificate, a total of$2360.49.
~
1""'\
. ,
BARBARA A. MORGAN
'1a..1I11'
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VI,
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99-1317
CIVIL TERM
Dor..d..t
CERTIFICATE OF SERVICE
I. Barbara A. Morgan, Plaintiff. hereby certify that I served a true and correct copy of my
Complaint pursuant te) the Praecipe to Enter Rule to File Complaint and Rule to File.
dated March 8. 1999, relating to Notice of Appeal From District Justice Judgment. v.
Council of Westwood Village. Common Pleas No. 99-1317 Civil Term by placing a copy
of the same. postage prepaid. addressed to:
David R. Breschi. Esquire
The Pennsylvania Center
3425 Simpson Ferry Road
Camp Hill Pa 17011
and
Council of Westwood Village
%PMI. Inc.
1300 Market St.. P.O.Box 622
Lemoyne PA 17043
Respectfully submitted,
/ /' I
v;.,,,.a.. /L...i~j~
. Barbara A. Morgan
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
71 7-255..65 14(W)
EXHIBIT 3
~..
,.....,
6. Denied. The Unit Property Act of 1963, Sec:tion 703, provides how charges assessed
against a unit owner may be enforced.
7. Admitted with qualification. This paragraph refers 10 paragraph 6 of Exhibit A that
speaks for ilselfand contains much more infonnation than is referred to in paragraph 7 of Morgan's
Complaint.
8. Admitted in part, denied in part. It is admitted that Property Management, Inc. is the
agent for Council and that it received Exhibit B from Attorney 10hnna Deily in August, 1997. All
further avennents of this paragraph are denied in that after reasonable investigation, Council is
without knowledge or infonnation sufficient to fonn a belief as to the truth of this avennent.
8A. Admitted with qualifie:ation. This paragraph refers to Sections 305 and 203 of the
Unit Property Act of 1963 that speak for themselves and contain much more infonnation than is
referred to in Paragraph 8A of Morgan's Complaint.
9. Admitted in part, denied in part. It is admitted that on Februlll)' 2, 1998, Council filed
a district justice civil action against Morgan for unpaid condominium fees and the judgment was
entered against Council on April 20, 1998. All further aspects of this paragraph are denied in that
the allegations involve conclusions oflaw to which no response is required.
10. Admitted.
II. Denied. On or about March 31, 1998, Council demanded payment of all escrow
money from Attorney Karl Ledebohm, who purportedly was representing all of the escrowing unit
owners in Westwood Village. On or about April 13, 1998, Ledebohm tendered the entire principal
2
~
f""',
amounts due but refused to provide intcrcsl and costs to the principal duc. As a result, Council
rejected the tendered payment and rcturned it to Attorney Ledcbohm.
12. Admitted.
13. Admitted in part, denicd in part. It is admittcd that Council placcd a lien on Morgan's
residence. All further avennents in this paragraph are denied in that the lien filed on Morgan's
residence was legal and appropriate pursuant to the Unit Property Act and the Westwood Village
Code of Regulations.
14. Denied. After reasonable investigation, Council is without knowledge or infonnation
sufficient to fonn a belief as to the truth of this avennent.
IS. Denied. Morgan was not under any duress. To the contrary, Morgan had ample
opportunity to have her rights litigated and could have utilized all the processes of law to protect
herself.
16. Denied. Council did not attend Morgan's settlement; rather, Morgan's agent
contacted Council's attorney and asked what the payoff was on Council's lien. The infonnation
conveyed to Morgan's agent was that if a settlement and release fonn was signed, $250 would be
reduced on the amount owed. Morgan refused to sign it the proposed settlement and release and
decided to payoff the entire amount of the claimed lien.
17. Denied. This paragraph constitutes a legal conclusion to which no response is
necessary.
3
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,...
WHEREFORE, Defendant, Council of Westwood Village Condominium, respectfully
request! this Court to enter judgment in ilil favor and against Morgan and award it all damages, costs
and fees as this Court detennines.
NEW MATTER
18. Paragraphs I through 17 oflhe above Answer are incorporated herein as if fully set
forth at length.
19. Morgan's claims are barred because of the doctrine ofpaymenl.
20. Morgan's claims are barred because of the doctrine of waiver.
21. Morgan's claims are barred because of the doctrine of estoppel
22. Morgan's claims are barred because of the doctrine of accord/satisfaction.
23. Morgan's claims are barred because ofthe doctrine of cons en!.
24. Morgan's claims are barred because ofthe doctrine ofrelease.
25. Morgan's claims are barred because she had the opportunity to have her rights
litigated in a prior court action but she decided, based solely on her personal economic interests, to
settle the prior action by tendering in full, the total amount demanded by Council.
4
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"'"
WHEREFORE, Defendant, Council of Westwood Village Condominium, respectfully
requests this Court to enter judgment in its favor and against Plaintiff, Barbara A. Morgan and award
it all damages, costs and fees as this Court detennines.
SHUMAKER WILLIAMS, P.C.
Dated:~! I'){ rffl
BY~S~~I-1'
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
5
, .
EXHIBIT 4
"
Barbara A. Morgan
141 S. Enola Drive
Enola Pa 17025
717-732-7952 or 717.255-6514
,-.,
. let-
May 3, 1999
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Prothonotary's OlIice
Cumberland County Courthouse
Courthouse Square
Carlisle, Pa 17013
SUBJECT: COMMON PLEAS NO. 99-1317 CIVIL TERM
Barbara A. Morgan, (Appellee), V. Council of Westwood Village
Response to New Maller and Plaintiffs Request for Production of Documents and
Things and Enlry for Inspection And Other Activities
Dear SirlMadam:
Pursuant to the Praecipe to Enter Rule 10 File Complaint and Rule to File, dated March 8, 1999,
Defendanrs Answer to Complaint daled April 13, 1999, Docket No. 99-1317, and now Defendant's
Notice 10 Plead to New Maller, dated April 13, 1999 (Docket No. missing), enclosed Is Plaintiffs
response 10 New Maller.
Also enclosed is Plaintiffs requesl for Production of Documents and Things and Entry for
Inspection and Other Activities, and a Certificate of Service.
Respectfully submitted,
. # ~lL d, )~LJJ->J
Ya:rb'ara A. Morgan
Pro se
Enclosures
cc: David R. Breschi, Esq.
Council of WeslwoodVillage Condominium
. ..
^
g'''L tr
NEW MATfER
AND NOW COMES Plaintiff, Barbara A. Morgan, pro se, who
files this Answer to Defendant's New Matter:
19. Denied. To the contrary, Morgan who, by duress of her
person or of her property, was compelled to pay money for
which she was not liable. The said money was illegally
assessed and unlawfully demanded. Where a payment of
money has been induced by unfair practice, fraud and/or
deceit, th~ payment may be recovered.
20. Denied. Essential to waiver is the voluntary consent of the
payor. There was no voluntary consent on the part of
Morgan at the time she was forced to render payment.
21. Denied. No judgment against the Plaintiff associated with
the pending litigation and no valid compromise existed
between Plaintiff and Defendant at the time Morgan was
compelled to render payment.
22. Denied. There was no accord (agreement) associated with
the alleged claim. Without "accord," there is no
"satisfaction. "
23. Denied. Strict proof of such, if relevant, is demanded.
24. Denied. To the contrary, Morgan refused to sign a Release as
requested. Therefore, Morgan did not relinquish a right
claim, or privilege associated with said payment.
25. Denied. Litigation of alleged claim was still pending when
Morgan received the sole offer on her property which had
EXHIBIT 5
eo'
. .
--
BARBARA A. MORGAN
......UI1
VI.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99-1317
CIVIL TERM
Dere.daa'
CERTIFICATE OF SERVICE
I. Barbara A. Morgan, Plaintiff, hereby certify that I served a true and correct copy of my
Response to Defendant's New Maller and my Request for Production of Documents and
Things and Entry for Inspection and Other Activities pursuant to the Praecipe to Enter
Rule to File Complaint and Rule to File, dated March 8, 1999, Defendant's Answer to
Complaint dated April 13, 1999 relating to Notice of Appeal From District Justice
Judgment, v. Council of Westwood Village, Common Pleas No. 99-1317 Civil Term on
this date by placing a copy orthe same in the United States Mail, postage prepaid,
addressed to:
David R Breschi, Esquire
P. O. Box 88
Harrisburg, P A 17 \08
and
Council or Westwood Village
%PMI, Inc.
1300 Market St., P.O.Box 622
Lemoyne PA 17043
Respectfully submilled,
Date:
Barbara A. Morgan
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
71 7-255-65 14(W)
EXHIBIT 6
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Weltwood Village Condominium v. Barbara Stoddart.Morgan . Disputc ovcr Condominium
Assessment Fces."
3. Objection. Council objects to this Admission in that it sets forth morc than one
mailer of which an admission is requcsted in violation ofRulc 4014(b) ofthc Pennsylvania RulCl
of Civil Procedure. Without waiving this objection, Council only admits that it complied with Judgc
Olcr's Court Order.
4. Admilled with qualification. This paragraph refers to a March 31, 1998 teller from
David Breschi, Esquirc to Karl Ledebohm, Esquire that speaks for itself and contains much more
information than is referred to in Request for Admission No. A-4.
5. Admilled with qualification. This paragraph refers to the sequence of legal fees
charged to Morgan as outlined in Exhibit No.2 of Council's Answer to Plaintiff's First Request for
Production of Documents which speaks for itself. All further averments in this Request for
Admission are objected to in that they are incomprehensible and thus, Council is unable to providc
a reasonablc response. To the extent that Plaintiff restates or narrows this Request for Admission,
Council will reconsider its response.
6. Admilled with qualifications. This paragraph refers to the Federal Fair Debt
Collection Act which speaks for itself and contains much more information than is referred to in
Request for Admission No. A-6. To the extent that this Request for Admission seeks an admission
that Morgan issued a formal wrillen dispute of her debt to Council, that Request for Admission is
expressly denied.
2
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Council'l Answer to Plaintiff's Request for Production of Document.. which speaks for itself and
containing much more information than is referred to in Request for Admissions No. B-2.
3. Denied. As stated in response No. A-I, Councilliled a district justice action against
Morgan on or about February 4, 1998.
4. Admilled with qualification. It is admilled that Morgan became delinquent on or
about August I, 1997 and remained delinquent on and through April 28,1998.
5. Admilled with qualification. It is admilled that on June 6, 1998, Councilliled a
Praecipe for Lis Pendens on Morgan's property with the Cumberland County Prothonotary's Office.
6. Objection. Council objects to the breadth and vagueness of this Request for
Admission in that it is incomprehensible. If Morgan narrows or restates this Request for Admission,
Council will reconsider its response.
7. AdmiUed with qualification. It is admitted that this paragraph refers to a lis pendens
dated May 29, 1998 and liIed by Council against Morgan which speaks for itself and contains much
more information than is referred to in Request for Admission No. B-7.
C. SPECIAL ASSESSMENTS:
1. Admitted with qualification. This paragraph refers to the Declaration of Westwood
Village Condominiwn which speaks for itself and contains much more information than is referred
to in Request for Admission No. Co!.
2. Objection. Council objects to this Admission in that it seeks to set forth two separate
mallers of which an admission is requested in violation of Rule 40l4(b) of the Pennsylvania Rules
4
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f""I
of Civil Proccdure. Without waiving thi. objection, aftcr rcasonable inquiry, Council is wilhout
knowlcdge or information suffieicnt to admit or deny this Rcqucst for Admission.
3. Objection. Council objects to the brcadth and vaguencss of this Request for
Admission in that it is incomprehcnsible,' If Morgan mtrrows or restates this Rcquest for Admission,
Council will reconsider ils rcsponse.
D. RESALE CERTIFICATE:
I. Admillcd with qualification. This paragraph refers to the Unit Propcrty Act of 1963,
Section 706, which speaks for itself and contains much more information than is referred to in
Request for Admission D-l.
2. Admilled with qualification. This paragraph refers to the Westwood Village Code
of Regulations that speaks for itself and contains much more information than is referred to in
Request for Admission D-2.
3. Admilled with qualification. This paragraph refers to thc Declaration of Westwood
Village Condominium which speaks for itself and contains much more information than is referred
to in Request for Admission D-3.
4. Admilled with qualification. This paragraph refers to the Unit Property Act of 1963,
Section 203, which speaks for itself and contains much more information than is referred to in
Request for Admission No. D-4.
5. Denied. Aller reasonable inquiry, Council is without knowledge or information
sufficient to admit or deny this Request for Admission.
5
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REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT
COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM
A. LEGAL FEES:
I. One of the filing fees assessed against Plaintiff Is the District Justice filing fee of
SS9.S0 (Exhibit I in A-I of Defendant's Answer 10 Plaintill's First Request for
Production of Documents). The District Justice enlered judgment against Defendant
for failing to appear for the hearing on April 20, 1998.
2. Exhibit 2 in A-2 ofDefendanl's Answer to Plainlill's First Request for Production of
Documents conlains a subject heading, "Council of Westwood Village Condominium
v. Barbara Stoddart-Morgan - Dispute over Condominium Assessment Fees."
3. The Special Meeting held by Defendant in compliance with Judge Oler's Court Order
took place on March 30, 1998. Defendant's compliance wilh this Court Order
resolved the Escrow conditions to be fulfilled as set forth in the August 27, 1997
notification to PMI,lnc. (Defendant's property manager) from the Plaintill's Allorney
Jolmna J. Deily of the firm of Said is, Guido, Shuff & Masland. These conditions
were acknowledged by Defendant in a leller from its counsel dated March 31, 1998.
4. In this March 31, 1998 leller from David Breschi, Esq. to Karl Ledebohm, Esq.,
Defendant demanded release of all escrowed assessments in compliance with the
escrow conditions set forth.
5. The first legal fee charged to Plaintiff as outlined on Exhibit 2 in A-2 of your Answer
to Plaintiffs First Request for Production of Documenls was applied 04/01/98, two
days following Defendant's Compliance with the above-referenced Court Order and
one day following Defendant's demand for release of all escrowed assessments.
6. In accordance with the Fair Debt Collection Act (Federal), once a formal, written
dispute is filed, no further collections activities may be conducted by a third party
collector until the dispute is resolved.
7. Defendant granted an extension of the original deadline for release of escrowed
monies from April71h to April 13, 1998.
8. Plaintiffs escrowed monies were voluntarily released to Defendant April 13, 1998 by
Plainti.l1's allorney.
9. Defendant filed suit against Plaintiff on April 28, 1998 for alleged delinquent fees,
interest and legal fees.
10. Two days prior to Plaintill's real estate closing when she learned that there was a lien
against her property, Plaintiff called Defendant's attorney to plead for completion of
-- .'
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pending litigation for which she would take responsibility for Its ulllmate outcome.
Defcndant'. counsel told her she had no cholee but to pay the money otacltlement,
but then she could file a District JUstice Complaint and recover her money. Plaintiff
followed that advice and judgmcnt was entcred ogalnst Defendant.
II. The Seulement and Release Agreement which Plaintlffwas delllllnded to sign
contained 0 statement, namely, "Plaintiff did not voluntarily release her escrowed
momcs".
12. As an aggrieved unit owner, Plaintiff had a legal right to escrow her monthly
. condoniiniuin fccs for Defendant's oon:compliarice of the governing documents of
W~stwood Village Condominium (See Unit Property Act of 1963, Section 305.)
B. COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM DELINQUENT
CONDO FEE COLLECTION PROCEDURE (Exhibit ii. oroefendant's Answer to
Plaintiffs Request for Production of Documents):
I. Exhibit 3 of the subject Answer is Defendant's collection policy which was
developed by Defendant's former counsel and duly adopted by resolution by
Defendant.
2. As stipulated in Item 4 ofits Collection Policy, Defendant did not report the alleged
delinquency to the Credit Bureau.
3. As stipulated in Item 6, Defendant did not secure a District Justice Action to
enforce a lien against Plaintiff.
4. As stipulated in Item 6, Plaintiffs account was not six (6) months delinquent on
April 28, 1998.
5. Plaintiffs mortgage holder was notified by Defendant of her alleged delinquent fees.
6. Plaintiffs mortgage holder upheld the escrow action in compliance with the Federal
Fair Debt Collection Act.
7. The Lis Pendens dated May 29, 1998 filed by Defendant against Plaintiff did not
reference the Unit Property Act of 1963.
C. SPECIAL ASSESSMENT:
I. The Declaration of Westwood Village Condominium stipulates in subsection 16,
"Assessments and their Enforcemenl.~' ...upon the VOLUNTARY SALE ...ofa unit,
the grantee shall be jointly and severally liable with the grantor for all unpaid
".
,-...
Assessments which IIIe a chargc against the Unit AS OF TIlE DATE OF THE
SALE. .
2. Plalntll1'l unit wu IOld on September 29, 1998 and Defendant demanded and
collccted the special assessment for a pcriod of lime PlalntlfTdid not own unit.
3. Defendant refused to produce the original resolutions duly-adopted by Council for oil
sums assessed against any unit for Ihe share of common expenses chargeable to that
urut.
D. RESALE CERTIFICATE:
I. In accordance with the Unit Property Act of 1963, Section 706, "Unpaid
Assessments at Time of Voluntary Sale ofa Unit" ...any person who shall have
entered into a written agreement to purchase a unit shall be entitled to obtain a
written statement from the treasurer sctting forth the amount of unpaid assessments
charged against the unit and ils owners, ..."
2. The Code of Regulations does not address this subject.
3. The Declaration governing Westwood Village Condominium does address lhis
subject in subsection 16.E.,...that any person who shall have entered into a written
agreement to purchase a unit shall be entitled to obtain a written slalement from the
Treasurer of the Council selling forth the amount of unpaid assessmenls charged
against the Unit and the Unit Owner, and such slatement shall be furnished within
10 days after wrillen request therefor.
4. The Act of 1963 also stipulates in Section 203 Invalidity of Contrary Agreements.--
Any agreement contrary to the provisions oftWs act shall be void ond of no effect.
5. The Resale Certificate in question was issued to the Plaintiff's realtor.
6. The issuance ofa Resale Certificate and the assessment ofa charge for it are
in violation ofthe governing documents of Westwood Village Condominium.
7. No Resale Certificates were issued by Defendant prior to 1998.
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EXHIBIT 1
~MONWEALTH OF PENNSYLVANIA
1.loioI"orioIOtoI,1ci ~
OJ Name: lton.
Addtuo:
09 - 1
- 02
PLAIN"rF.
l.... 0'0' n of ... '~'d "H.,.
Add,... c/o Properey ''''nng....nt, Ine.
P.O. 1I0x 622
1'''''0)'11". PA 17043
DEFENOANTIS). vs.
f""I '.
~IV'L COMPLAINT
Robert Il4nlove
1901 Stata Seree e '"
Camp Hill. PA 17011 .
TeIIl>hono No. 1717) 761-0583
COMPLAINT NUMBER: r:v
~TE FUD:
FIUNQ COSTS $
SERVICe COSTS $
J.C.P. $
~o
.....
OArE PAljl
.:l,.'#-.qIJ
0'1 N.mo
Add,,,s
n.rbnra Stoddart
7.34 Brian Driv"
''',,,In. PA 1707.5
TOTAL S
0'2 Name
Addrell
:.,i, ., TO tHii bl:I'ENDAflt!.~~:f". ibiW~'~i.~~d p'alrillll'.' ..~. IlJdgmenl 'g.'n., \'OU ior $ 1412.00 log.lh.. ..lIh 00.1. lIpo,;
. "': .! t.: :;' '. . I:': lhe (ollo"'i1iI ~'.'m (Civil Fine. mU"lnoluda ollellon oIlhe ,'elu'e or Ordln.noe Orolaled': '. ..
In accordance'Witb 't"~'~dde o~~R88Ulationa of Westwood Village Condominiums, Article VII.
Sect~l?n,! l~j Jp,.lIl.aild the'l?6.~ljhla~.la,! olCovenants and Restrictions. Articla V.' Sec.tldd I,
AtUele)VrI~Ii~~m~II}~~III~i1.12.r b~l~ndan~ O"es' the following to the ...As ioii!d HbtiJ . , ,.. .
Hont~l,. :,~sS~!Is~eaElI,.~~~Hj' h~9!1.ii1t'~f $64.00 for. AU8ust. September" Oct~ber, November i .
December.,~199~I'Ja~b~r1,:1998, S~~t!~l assessments in. the amount of $33.00 for August. .Septembn
Octcibar.. NOV'4!mberl b'll!ismbei: 199.1,. ;:~linuary 1998. .lste chargea 111 ~he smount of tlO.OO fot
AUgust, .S,:,iltember; OC~9~er'..N'!!!.e.'!.b.ef"Decel!lber'1997, legal charges in the lIllIOunt of $800.00.
... ,1," , ........,. '-'1",",', s, .
. '~~';;'~" "':'~<.';{rl:'oper;tY',kIlnagement, Inc.j' ss agents for: .
'.. . ., . .,:r...!..' . .~ . . ""rlfylhallhelacluellorlh
,. In lhl,cohl>/alnl ir. ~...' cor_ 10 the be., 0/ my knowledgO.lnformallon. end bel.el. ThI. .,.Iomenlla mede eUbloc! 10 the IlOMIltI.. aI
... ...~~Iort 4~. ~ the Crtme::~~ I:SPa..~~t' 4904)relaled 10 un;.."m,',al~'~'11ort 10 .U:~I~.~.~ "
.. " .-.,.:............. ., ...p~ ...~:...:. . ,
. '. ..,.!.:.....:.~...,,,:... ~.
. '. :, ''t.. l.; ,'. ,." IS"natu... 01 p(l.nl for Authorf,zed ^<lenl)
. ..,. I . "V
-:.;,.: . ", ,i:;. Robert E. MaXllcll. Jr. Mariager
.:.~,"" .::-;~' .;..:.....
" ;. .,' \..... . ..l:..
Pialnllll'a ..
Alfomey.
l;"
.. JldJres:i: .............. . ,:-' ..
. ,IlEA~I,.jd IS ~CjjEDUl.ED BY blsnllcf ju~CE AS FOl1.OWS:
. '; ."::)~ :~:,:':' .~.: ':~,~':!,~.:
." ~:'::::i:oca'loli '.;'.'i'.~~. ':' "':~;l;..:'~'::"':.:::f:::; ..,
T""""-':
',' ".
IF YOU INtlEND To"~NTi:(:j A [ig~~NsE TO TIj/S COMPLAINT, NOTlFVTHIS OFFICE IMMEDIAtelY
. AT THe ABOVE tE(~PHbNE NUMsER. YOU MUST AJiPEAR AT THe HeARING AND PRESENT YOUR
bEFENSe.lJNLess You tio; JUDGMENT WilL BE ENTERED AGAINsT You BY DeFAuLT.
iF YoU /lAVE A cUlM .galnsl. ihe />iil!,\ilfl "~lch Is within disirlel lusilc. jurlsdlctlon.ne:! IYhloh \'OU 'nlend io asseri all""
hearlrig.\W rilusl hie Ii. on d corili/alnl lorm .llhls olllc. alleasip"" (5) days belor. I"" dale iel for I"" hearing. II yotJ ha",
.' · claim agalnsll"" piSlhllff which Is not.Wlthfn d'.,rlol/uslloe/urlsdielion. \'OU may requesl 'nformallon '",m Ihls 01110. es 10 lhe
procedures \'OU may lollow.
Dale
tlnii;
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Aope 308.90
OEFENDANT'S (0-1) COpy
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Shumaker Williams,p'c.
ATTORNEYS AT LAW
October 29, 1998
Billed through 10/29/98
Bill number
COl5-98629-0l1 DRB
Council of Westwood Village Condominium
c/o William Hicks, President
828 Lee Lane
Enola, PA 17025-1520
council of Westwood Village Condominium v. Barbara stoddart-
Morgan - Dispute over Condominium Assessment Fees
629-98
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FOR PROFESSIONAL SERVICES RENDERED
04/01/98 ORB
04/10/98 NJR
04/14/98 DRB
04/16/98 DRB
04/20/98 DRB
04/21/98 NJR
04/26/98 DRB
04/28/98 DRB
OS/26/98 ORB
OS/28/98 NJR
OS/29/98 DRB
06/01/98 ORB
06/10/98 DRB
06/11/98 DRB
Conf. with paralegal reo calculations of amounts
owed; review account summary prepared by
paralegal
Preparation of schedule; conference with David R.
Breschi
Prepare, revise, review complaint to be filed
against defendant
Review check received from Morgan; prepare/review
letter to Morgan
Review payment history; prepare complaint
Preparation of Complaint
Final review of Complaint; letter to
Prothonotary; Prepare Interrogatories; Prepare
Notice of Deposition
Appear at Cumberland cty Prothonotary/Sheriff re:
filing/serVice of Complaint
Review/execute Default Notice
Preparation of Default Notice; Preparation of Lis
Pendens
Review/execute Praecipe for.Lis Pendens
Travel to Cumberland County ct and file lis
pendens
Prepare for Deposition; Take Morgan Deposition
Phone with Cumberland County Prothonotary re:
status of Answer
.50 hrs
.30 hrs
1. 00 hra
.30 hra
1. 00 hra
.40 hrs
1.00 hra
.20 hra
.20 hra
.20 hra
.20 hra
.20 hrs
2.40 hra
.20 hrs .
... '
,-...
Shu'l11tlker Williams,p'c.
ATTORNEYS AT LAW
Council ot Westwood Village Condominium
Bill number C015-98629-011 ORB
06/11/98 ORB
06/15/98 ORB
06/16/98 ORB
07/06/98 ORB
07/14/98 ORB
07/21/98 ORB
09/22/98 ORB
DISBURSEMENTS
Prepare First Request tor Production ot
Documents; Research Summary Judgment issues
Prepare letter to prothonotary re: obtaining copy
ot Answer
Review Answer and Amended Answer filed by Morgan;
prepare Motion to Strike Answer
Review RUle issued by J. Hess; letter to B.Morgan
Phone with B. Hicks re: case status and case
strategies
Review B. Morgan's response to Rule
Review correspondence from B. Morgan; letter to
Council re: Morgan correspondence
Total Fees for this Matter
Prothonotary, Cumberland County - Filing
Complaint
Reproduction - automated
CUmberland County Sheriff - Service Fees
Reproduction
Prothonotary, Cumberland County - Filing Lis
Pendens
Reproduction
Reproduction - automated
Long Distance Telephone Charge
Reproduction
Central Pennsylvania Court Reporting - Deposition
of Barbara Ann Morgan
Reproduction
Reproduction automated
Reproduction automated
Tele-copier
Reproduction - automated
PAGE 2
.80 hrs
.20 hrs
1.00 hrs
..40 hrs
.30 hrs
.30 hrs
.50 hrs
$ 1,466.90
45.50
19.20
34.00
1.60
9.00
.40
3.40
1:34
.80
167.85
2.40
.40
1.80
4.00
9.40
, .
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FOR RESIDENT INFORMATION - ACTIJAI. COPIES AR.E AVA!l..
ABLE, PLEASE KEEP WIll{ YOUR BY.LAWS AND CONDO
DOCUMENTS AS THlS IS TIlE FORMAl. PROCEDURE rN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6117/96.
COUNCIL or WESTWOOD VILt..\CE
DELINQUENT CONDO FElt COLLECTION PROCEDURE
The following lllfomlalion reneets the procedures for dellquent eoodo fee
eolleclion nl Wesllvood Villoge. This procedure ossumes thnl no payments
are made. nnd Ihnllhe account is llIken complelely tluough the collection
procedure. This procedure con lerminote ol ony lime with lUll pa~'l\Ieril or
Ihe OUISl.1nding b:llnnce or Ihe occountto Ihot poinl.
I.) Monthly ossessmenlS ore due or Ihe nrst (I) of dch mdnl.h foi lhai
monlh.
2.) If payment is nol received in our ollice by Ihe morning m:til on the
nneenth (15).0 friendly reminder lelter is senllo Ihe unil O\\l1er.
3.) Ifpoyment is still not received in ouroDice by Ihe morning m~il on the
Ihirtieth (30) oHhe month. S to is outomatic.llv .dded to the ~ccount \\ith-
oul n lelter 10 the unil owner. - . .
.t) If paymenl is still not receh'ed In our office by the moming mail on the
nneenlh (15) or Ihe next month. ~ nn~1 45 cloy lelter is m~i1ed by certi.6cd
m~i1 to Ihe unit O\\l1er. This lellcr is nrm, ~nd ~d-.ise it pa~'l\Ienl is Dot
received within nneen (15) cloys orlhe clole or the letter. Ihe nccounl will be
tre.:Jtcd ~s denonlly deliquenl ond scheduled to be :lSsesscd ~dditionol col-
lection costs in onticipation or ~ction to enforce Ihe lien by judici:L!'m=.
\I will o/so be reported 10 Ihe Credit Sweou .nd the inortg:J gee nOli.lied or
the nll:lching or a priori!)' lien.
5.) Ir paymenl is not received within nneen (15) doys. Credit Swe.:JU is
infonlled (i.e. 60 doys deliquent) thot Ihe costs or moiling :lDd collectioD
lime arc nssessed nnd , Ie Iter sent to mortg:Jgee infonning them or Ihe
delinquen~' and the nlt:Jchment or Ihe priority lien or Ihe assesSrN:nt.
Lelters ns nbo,'e should continue ror six (G) monlhs.
; 6.) Jr an nccounl becomes si;( (6) monlhs deliquenl. nssess SUO counsel
1 ree and title senrch chnr~e orotlenst S50 ror 0 preSenl O\\l1er senrch nnd liIe
a District Justice Aclion to enforce Ihe lien inelucJjng interesi. nllomey's
rees. costs and expenses.
7.) Secure Dislrict Justice Judgment and record Iranscripl or Judgmenl
through counsel ancr the appcnl period expires (30 doys aJler Judgmenl).
8.) Once Ihe molter is in the hnnds or counsel. .s decision .-iII be made
whether to e~ecule on Ihe Judgment agoinsllhe unil. the personol prope~'
of the bwners. Iheir bank accounts or olher OsselS or other similar action.
AI this time. mortgogec wilt be infonned orlhe nmounl oHhe six (6) monlh
priority Iicn nnd this 11'11I likely constitute a default under the mortgnge.
9.) The inlcnl is to work dlligenll~' to prel'enllhe unpoid liens rrom ex-
ceeding Ihc six (G) month priority given 10 condominium liens \'is n lis the
lirst mortg,ge.
. .
EXHIBIT 7
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/111011 I.!, Silk<
Unhlft C. $.Idh
l!d"'rUf,J e. Outdo
elcltffll" S. I;huf'
^lhcll fl. twtnsl.nd
11.lulIIlIJ.Dcll'l
11Iehold r. MIsIII.ky
5cC't1l D. Maule
... 1)"'1ld J. rr.ced
-.
'Law Ollie..
SAlOIS, Gumo, SnUFF & MASLAND
A raorCJSIONAl, cnuouTlo,.,
26 Wcstlllah S"..I . rOil Olli.. 000 560
Carll.1.,"."".)"I,""lo 1701l
Telepholle: (717) 243.6222' ro...hlllle: (717) 243.64R6
.
Wrsl Shore orn...
2109 MSlkcl SUccI
CII"r 11I11, rA !lUll
,~ltrl""': tl 11) lll.3~OJ
r...lmlle: (1'1) 731.3~Ol
n.pl7 To C.rll.l.
August 27, 1997
P~ope~ty Management, Inc.
P.O. Box 622
Lemoyne. PII 17043-0622
IIttn: James Stephens
Re: Westwood Village Condominium IIssessments
Dea~ M~. Stephens:
Please be advised that this office represents The Boa~d of
Westwood Village. as well as soone individual unit owners, ...ho
We~e involved in two suits against the Council of Westwood
Vi llage.
The purpose of thLs lette~ is to advise that all future
assessments f~om individual unit owners will be held in an esc~ow
account by my of f ice. until the ea~l ie~ of two occu~~ences:
1. A Cou~t O~de~ ~esolving the lawsuit between
the individual unit owne~s and the Council of Westwood
Village Condominiums. which an equity action is to be
heard December 5, 1997; or .
2. Until the Council agrees to call a Special
Meet ing of 1I0meowners for the speci f ic purpose of voting
Upon a resolution to ~emove ce~tain council membe~s and to
appoint interim ~eplacement members of council to serve
until ~egula~ elections may be held.
Because of the unde~lying problems in the CondominJ.um
itself. and a.question as to how the assessments a~e being used,
the escrow and escrow account seem to be the only fai~ and
reasonable way to go. The individual unit owners wish to exp~ess
that they are not withholding thei~ assessments, and I can ",ake
available the account information in the esc~ow account at any
time upon you~ ~equest.
EXHIBIT 8
...
r-.
UNIT PROPERTY ACT - (CONDOMINIUMS)
Act of 1963, P.L. 196, No. 117
AN ACT
-"
Relating to the ownership of real property, the division thereof
into units, the submission of real property to the provisions
of this act and the withdrawal of such property from the
provisions of this act; providing for the improvement,
management, operation, assessment and taxation of such
property; establishing certain procedures in connection
therewith; providing for the conveyancing, leasing and
mortgaging thereof; establishing a procedure for the
assessment and collection of certain expenses with respect
thereto; setting forth certain lien rights with respect
thereto; providing procedures for the exercise of eminent
domain in certain cases; and providing for the recording of
certain information.
Compiler's Note: The act of July 2, 1980, P.L.2B6, No.82
-- repealed this act except as to condominiums created prior
/ to the effective date of the repealing act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
ARTICLE I.
PRELIMINARY PROVISIONS
Section 101. Short Title.--This act shall be known and may
be cited as the "Unit Property Act."
Section 102. Definitions.--The following words or phrases as
used in this act shall have the meanings ascribed to them in
this section, unless the context of this act clearly indicates
otherwise:
(1) "Building" means any multi-unit building or buildings or
complex thereof, whether in vertical or horizontal arrangement,
as well as other improvements comprising a part of the property
and used, or intended for use, for residential, commercial or
industrial purposes or for any other lawful purpose or for any
combination of such uses.
(2) "Code of regulations" means such governing regulations
as are adopted pursuant to this act for the regulation and
management of the property, including such amendments thereof as
may be adopted from time to time.
(3) "Common elements" means and includes:
(i) The land on which the building is located and portions
of the building which are not included in a unit;
(ii) The foundations, structural parts, supports, main
walls, roofs, basements, halls, corridors, lObbies, stairways
and entrances and exits of the building;
(iii) The yards, parking areas and driveways;
(iv) Portions of the land and bUilding used exclusively for
the management, operation or maintenance of the common elements;
(v) Installations of all central services and utilities;
(vi) All apparatus and installations existing for common
use;
(vii) All other elements of the building necessary or
convenient to its existence, management, operation, maintenance
and safety or normally in common use; and
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(viii) Such taclllties as arc dcaignated in the declaration
aa common elements.
(4) "Common expenses" means and includes:
(i) Expenses of administration, maintenancp, repair and
replacement of the common elements:
(ii) Expenses agreed upon as common by all the unit owners;
and
(iii) Expenses declared common by proviaions of this act, or
by the declaration or the code of regulations.
(5) "Council" means a board of natural individuals of the
number stated in the code of regulations who are residents of
this Commonwealth, who need not be unit owners and who shall
manage the business, operation and affairs of the property on
behalf of the unit owners and in compliance with and subject to
the provisions of this act.
(6) "Declaration" means the instrument by which the owner of
property submits it to the provisions of this act as hereinafter
provided, and all amendments thereof.
(7) "Declaration plan" means a survey of the property
prepared in accordance with section 402 of this act.
(8) "Majority" or "majority of the unit owners" means the
owners of more than fifty per cent in the aggregate in interest
of the undivided ownership of the common elements as specified
in the deClaration.
(9) "Person" means a natural individual, corporation,
partnerShip, association, trustee or other legal entity.
(10) "Property" means and includes the land, the bUilding,
all improvements thereon, all owned in fee simple, and all
easements, rights and appurtenances belonging thereto, which
have been or are intended to be submitted to the provisions of
this act.
(11) "Recorded" means that an instrument has been duly
entered of record in the office of the recorder of deeds or
department of records of the county in which the property is
situate.
(12) "Recorder" means the recorder of deeds or commissioner
of records of the county in which the property is situate.
(13) "Revocation" means an instrument signed by all of the
unit owners and by all holders of liens against the units by
which the property is removed from the provisions of this act.
(14) "Unit" means a part of the property designed or
intended for any type of independent use, which has a direct
exit to a public street or way, or to a common element or common
elements leading to a public street or way, or to an easement or
right-of-way leading to a public street or way, and includes the
proportionate undivided interest in the common elements, which
is assigned thereto in the declaration or any amendments
thereof.
(15) "Unit designation" means the number, letter or
combination thereof designating a unit in the declaration plan.
(16) "Unit owner" means the person or persons owning a unit
in fee simple.
Section 103. Application of Act.--This act shall be
applicable only to real property, the sole owner or all the
owners of which submit the same to the provisions hereof by a
duly recorded declaration.
ARTICLE II.
GENERAL PROVISIONS
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Section 201. Status of Units; Ownership Thereof.--Each unit,
together with its proportionate undivided interest in the common
elements, is for all.purposes real property and the ownership of
each unit, together with its proportionate undivided intp.rest in
the common elements, is for all purposes the ownership of real
property.
Section 202. Common Elements.--The percentage of undivided
interest in the common elements assigned to each unit shall be
set forth in the declaration and such percentage shall not be
altered except by recording an amended declaration duly executed
by all of the unit owners affected thereby. The undivided
interest in the common elements may not be separated from the
unit to which such interest pertains and shall be deemed to be
conveyed, leased or encumbered with the unit even though such
interest is not expressly referred to or described in the deed,
lease, mortgage or other instrument. The common elements shall
remain undivided and no owner may exempt himself from liability
with respect to the common expenses by waiver of the enjoyment
of the right to use any of the common elements or by the
abandonment of his unit or otherwise, and no action for
partition or division of any part of the common elements shall
be permitted, except as provided in section 802 of this act.
Each unit owner or lessee thereof may use the common elements in
accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of the other
unit owners. The maintenance and repair of the common elements
and the making of any additions or improvements thereto shall be
carried out only as provided in the code of regulations.
Section 203. Invalidity of Contrary Agreements.--Any
agreement contrary to the provisions of this act shall be void
and of no effect.
ARTICLE III.
ADMINISTRATIVE PROVISIONS
Section 301. Code of Regulations.--The administration of
every property shall be governed by a code of regulations, a
true and correct copy of which, and all duly adopted amendments
of which, shall be duly recorded.
Section 302. Adoption, Amendment, etc. of Code of
Regulations.--The first members of council shall establish and
adopt the original code of regulations. Thereafter, no amendment
or change of the provisions of the code of regulations shall be
effective unless it is adopted at a meeting of the unit owners
by the affirmative vote of at least those unit owners who
represent a majority of the votes entitled to be cast at that
meeting.
Section 303. Contents of the Code of Regulations.--The code
of regulations shall provide for at least the following, and may
include other lawful provisions:
(1) Identification of the property by reference to the place
of record of the declaration and the declaration plan;
(2) The method of calling meetings of unit owners and
meetings of the council;
(3) The number of unit owners and the number of members of
council which shall constitute a quorum for the transaction.of
business;
(4) The number and qualification of members of council, the
duration of the term of such members and the method of filling
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vacancies;
(S) The annual election by the council of a president,
secretary and treasurer and any other officers which the code of
regulations may specify;
(6) The duties of each officer, the compensation and removal
of officers and the method of filling vacancies;
(7) Maintenance, repair and replacement of the common
elements and payment of the cost thereof;
(8) The manner of collecting common expenses from unit
owners; and
(9) The method of adopting and of amending rules governing
the details of the use and operation of the property and the use
of the common elements.
Section 304. Compliance with Code of Regulations,
Administrative Provisions, Covenants, etc.--Each unit owner
shall comply with the code of regulations and with such rules
governing the details of the use c~d .operation of the property
and the use of the common elemer' as may be in effect from time
to time, and with the covenants, conditions and restrictions set
forth in the declaration or in the deed to his unit or in the
declaration plan.
Section 305. Noncompliance with Code of Regulations,
Administrative Provisions, Covenants, etc.--Failure to comply
with the code of regulations and with such rules governing the
details of the use and operation of the property and the use of
the common elements as may be in effect from time to time and
with the covenants, conditions and restrictions set forth in the
declaration or in deeds of units or in the declaration plan
shall be grounds for an action for the recovery of damages or
for injunctive relief, or both, maintainable by any member of
the council on behalf of' the councilor the unit owners or, in a
proper case, by an aggrieved unit owner or by any person who
holds a mortgage lien upon a unit and is aggrieved by any such
noncompliance.
Section 306. Duties of Council.--The duties of the council
shall include the following:
(1) The maintenance, repair and replacement of the common
elements;
(2) The assessment and collection of funds from unit owners
for common expenses and the payment of such common expenses;
(3) The promulgation, distribution and enforcement of rules
governing the details of the use and operation of the property
and the use of the common elements, subject to the right of a
majority of the unit owners to change any such rules; and
(4) Any other duties which may be set forth in the
declaration or code of regulations.
Section 307. Powers of Council.--Subject to the limitations
and restrictions contained in this act, the declaration and the
code of regulations, the council shall on behalf of the unit
owners:
(1) Have power to manage the business, operation and affairs
of the property and for such purposes to engage employes and
appoint agents and to define their duties and fix their
compensation, enter into contracts and other written instruments
or documents and to authorize the execution thereof by officers
elected by the council; and
(2) Have such incidental powers as may be appropriate to the
performance of their duties.
Section 308. Work on Common Elements.--The maintenance,
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repair and replacement of the common elements and the making ot
improvements or additions thereto shall be carried on only as
provided in the code of regulations.
Section 309. Cer~ain Work Prohibited.--No unit owner shall
do any work which would jeopardize the soundness or safety of
the property or impair any easement or hereditament without the
unanimous consent of the unit owners affected thereby.
Section 310. Easements for Work.--The council shall have an
easement to enter any unit to maintain, repair or replace the
common elements, as well as to make repairs to units if such
repairs are reasonably necessary for public safety or to prevent
damage to other units or to the common elements.
Section 311. Common Profits and Expenses.--The common
profits of the property shall be distributed among, and the
common exp~nses shall be charged to, the unit owners according
to the percentage of the undivided interest of each in the
common elements as set forth in the declaration and any
amendments thereto.
Section 312. Voting by Unit Owners.--At any meeting of unit
owners, each unit owner shall be entitled to the same number of
votes as the percentage of ownership in the common elements
assigned to his unit in the declaration and any amendments
thereto.
Section 313. Books of Receipts and Expenditures;
Availability for Examination.--The treasurer shall keep detailed
records of all receipts and expenditures, including expenditures
affecting the common elements, specifying and itemizing the
maintenance, repair and replacement expenses of the common
elements and any other expenses incurred. Such records shall be
available for examination by the unit owners during regular
business hours. In accordance with the actions of the council
assessing common expenses against the units and unit owners, he
shall keep an accurate record of such assessments and of the
payment thereof by each unit owner.
ARTICLE IV.
THE DECLARATION, RESERVATIONS OF CHARGES THEREUNDER,
CONVEYANCES, MORTGAGES AND LEASES
Section 401. Contents of Declaration.--The declaration shall
contain the following:
(1) A reference to this act and an expression of the
intention to submit the property to the provisions of this act;
(2) A description of the land and building;
(3) The name by which the property will be known;
(4) A statement that the property is to consist of units and
common elements as shown in a declaration plan;
(5) A description of the common elements and the
proportionate undivided interest, expressed as a percentage,
assigned to each unit therein, which percentages shall aggregate
one hundred percent;
(6) A statement that the proportionate undivided interest in
the common elements may be altered by the recording of an
amendment duly executed b?-all unit owners affected thereby;
(7) A statement of the purposes or uses for which each unit
is intended and restrictions, if any, as to use;
(8) The names of the first members of council;
(9) Any further details in connection with the property
which the party or parties executing the declaration may deem
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appropriate.
Section 402. Declaration Plan,--The declaration plan shall
bear the verified statement of a registered architect or
licensed professional engineer certifying that the declaration
plan fully and accurately (i) shows the property, the location
of the building thereon, the building and the layout of the
floors of the building, including the units and the common
elements and (ii) sets forth the name by which the property will
be known, and the unit designation for each unit therein.
Section 403. Contents of Deeds of Units.--Deeds of units
shall include the fOllowing:
(1) The name by which the property is identified in the
declaration plan and the name of the political subdivision and
the ward, if any, and the name of the county in which the
bUilding is situate, together with a reference to the
declaration and the declaration plan, including reference to the
place where both instruments'and any amendments thereof are
recorded;
(2) The unit designation of the unit in the declaration plan
and any other data necessary for its proper identification;
(3) A reference to the last unit deed if the unit was
previously conveyed;
(4) The proportionate undivided interest, expressed as a
percentage, in the common elements which is assigned to the unit
in the declaration and any amendments thereof;
(5) In addition to the foregoing, the first deed conveying
each unit shall contain the following specific provision:
"The grantee, for and on behalf of the grantee and the
grantee's heirs, personal representatives, successors and
assigns, by the acceptance of this deed covenants and agrees to
pay such charges for the maintenance of, repairs to, replacement
of and expenses in connection with the common elements as may be
assessed from time to time by the council in accordance with the
Unit Property Act of Pennsylvania, and further covenants and
agrees that the unit conveyed by this deed shall be subject to a
charge for all amounts so assessed and that, except in so far as
sections 705 and 706 of said Unit Property Act may relieve a
subsequent unit owner of liability for prior unpaid assessments,
this covenant shall run with and bind the land or unit hereby
conveyed and all subsequent owners thereof"; and
(6) Any further details which the grantor and grantee may
deem appropriate and which are consistent with the declaration,
the code of regulations, the declaration plan and this act.
Section 404. Mortgages and Other Liens of Record Affecting
Property at Time of the First Conveyance of Each Unit.--At the
time of the first conveyance of each unit following the
recording of the original deClaration, every mortgage and other
lien of record affecting the entire building or property or a
greater portion thereof than the unit being conveyed shall be
paid and satisfied of record, or the unit being conveyed shall
be released therefrom by partial release duly recorded.
Section 405. Sales, Conveyances or Leases of or Liens upon
Separate UnitS.--Units may be sold, conveyed, mortgaged, leased
or otherwise dealt with in the same manner as like dealings are
conducted with respect to real property and interests therein.
Every written instrument dealing with a unit shall specifically
set forth the name by which the property is identified and the
unit designation identifying the unit involved.
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ARTICLE V.
RECORDING
Section 501. Instruments Recordable.--All instruments
relating to the property or any unit, including the instruments
provided for in this act, shall be entitled to be recorded,
provided that they are acknowledged or proved in the manner
provided by law.
Section 502. Recording a Prerequisite to Effectiveness of
Certain Instruments.--No declaration, declaration plan or code
of regulations, or any amendments thereto, shall be effective
until the same have been duly recorded.
Section 503. Place of Recording.--The recorder shall record
declarations, deeds of units, codes of regulations, and
revocations in the same records as are maintained for the
recording of deeds of real property. Mortgages relating to units
shall be recorded in the same records as are maintained by the
recorder for the recording of real estate mortgages. Declaration
plans, and any and all amendments thereto, shall be recorded in
the same records as are maintained for the recording of
subdivision plans.
Section 504. Indexing by Recording Officer.--The recorder
shall index each declaration against the maker thereof as the
grantor and the name by which the property is identified therein
as the grantee. The recorder shall index each declaration plan
and code of regulations and any revocation in the name by which
the property is identified therein in both the grantor index and
the grantee index. The recorder shall index each unit deed and
mortgage and lease covering a unit in the same manner as like
instruments are indexed.
Section 50S. Recording Fees.--The recorder shall be entitled
to charge the same fees for recording instruments which are
recordable under this act as the recorder is entitled to charge
for like services with respect to the recording of instruments.
ARTICLE VI.
REMOVAL OF PROPERTY FROM THE PROVISIONS OF THIS ACT
Section 601. Removal.--Property may be removed from the
provisions of this act by a revocation expressing the intention
to so remove property previously made subject to the provisions
of this act. No such revocation shall be effective unless the
same is executed by all of the unit owners and by the holders of
all mortgages, judgments or other liens affecting the units and
is duly recorded.
Section 602. Effect of Removal.--When property subject to
the provisions of this act has been removed as provided in
section 601 of this act, the former unit owners shall, at the
time such removal becomes effective, become tenants in common of
the property. The undivided interest in the property owned in
common which shall appertain to each unit owner at the time of
removal shall be the percentage of undivided interest previously
owned by such person in the common elements.
Section 603. Resubmission.--The removal of
provisions of this act shall not preclude such
being resubmitted to the provisions of the act
herein provided.
property from
property from
in the manner
the
ARTICLE VII.
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ASSESSMENTS, TAXATION AND LIENS
Section 701. Assessments and Taxes.--Each unit and ita
proportionate undivided interest in the common elements as
determined by the declaration and any amendments thereof shall
be assessed and taxed for all purposes as a separate parcel of
real estate entirely independent of the building or property of
which the unit is a part. Neither the building, the property nor
any of the common elements shall be assessed or taxed separately
after the declaration and declaration plan are recorded, nor
shall the same be subject to assessment or taxation, except as
the units and their proportionate undivided interests in the
common elements are assessed and taxed pursuant to the
provisions of this section.
Section. 702. Assessment of Charges.--All sums assessed by
resolutions duly adopted by the council against any unit for the
share of common expenses chargeable to that unit shall
constitute the personal liability of the owner of the unit so
assessed and shall, until fully paid, together with interest
thereon at the rate of six per cent per annum from the thirtieth
day following the adoption of such resolutions, constitute a
charge against such unit which shall be enforceable as provided
in section 703 of this act.
Section 703. Method of Enforcing Charges.--Any charge
assessed against a unit may be enforced by suit by the council
acting on behalf of the unit owners in an action in assumpsit:
Provided, That each suit when filed shall refer to this act and
to the unit against which the assessment is made and the owner
thereof and shall be indexed by the prothonotary as lis pendens.
Any judgment against a unit and its owner shall be enforceable
in the same manner as is otherwise provided by law.
Section 704. Mechanics' Liens Against Units.--Any mechanics'
liens arising as a result of repairs to or improvements of a
unit by a unit owner shall be liens only against such unit. Any
mechanics' liens arising as a result of repairs to or
improvements of the common elements, if authorized in writing
pursuant to a duly adopted resolution of the council, shall be
paid by the council as a common expense and until so paid shall
be liens against each unit in a percentage equal to the
proportionate share of the common elements relating to such
unit. .
Section 705. Unpaid Assessments at Time of Execution Sale
Against a Unit.--In the event that title to a unit is
transferred by sheriff's sale pursuant to execution upon any
lien against the unit, the council may give notice in writing to
the sheriff of any unpaid assessments for common expenses which
are a charge against the unit but have not been reduced to lien
pursuant to section 703 of this act, and the sheriff shall pay
the assessments of which he has such notice out of any proceeds
of the sale which remain in his hands for distribution after
payment of all other claims which he is required by law to pay,
but prior to any distribution of the balance to the former unit
owner against whom the execution issued. The purchaser at such
sheriff's sale and the unit involved shall not be liable for
unpaid assessments for common expenses which become due prior to
the sheriff's sale of the unit. Any such unpaid assessments
which cannot be promptly collected from the former unit owner
may be reassessed by the council as a common expense to be
collected from all of the unit owners, including the purchaser
-8-
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who acquired title at the sheriff's sale, his successors and
assigns. To protect its right to collect unpaid assessments
which are a charge against a unit, the council may on behalf of
the unit owners, purchase the unit at sheriff's sale provided
such action is authorized by the affirmative vote of a majority
of the members of council, and if it does so purchase, the
council shall thereafter have the power to sell, convey,
mortgage or lease such unit to any person whatsoever.
Section 706. Unpaid Assessments at Time of Voluntary Sale of
a Unit.--Upon the voluntary sale or conveyance of a unit, the
grantee shall be jointly and severally liable with the grantor
for all unpaid assessments for common expenses which are a
charge against the unit as of the date of the sale or
conveyance, but such joint and several liability shall be
without prejudice to the grantee's right to recover from the
grantor the amount of any such unpaid assessments which the
grantee may pay, and until any such assessments are paid, they
shall continue to be a charge against the unit which may be
enforced in the manner set forth in section 703 of this act:
Provided, however, That any person who shall have entered into a
written agreement to purchase a unit shall be entitled to obtain
a written statement from the treasurer setting forth the amount
of unpaid assessments charged against the unit and its owners,
and if such statement does not reveal the full amount of the
unpaid assessments as of the date it is rendered, neither the
purchaser nor the unit shall be liable for the payment of an
amount in excess of the unpaid assessments shown thereon. Any
such excess which cannot be promptly collected from the former
unit owner may be reassessed by the council as a common expense
to be collected from all of the unit owners, including the
purchaser, his successors and assigns.
ARTICLE VII 1.
HISCELLANEOUS
Section 801. Insurance.--The council shall, if required by
the declaration, the code of regulations or by a majority of the
unit owners, insure the building against loss or damage by fire
and such other hazards as shall be required or requested,
without prejudice to the right of each unit owner to insure his
own unit for his own benefit. The premiums for such insurance on
the building shall be deemed common expenses.
Section 802. Repair or Reconstruction.--Except as
hereinafter provided, damage to or de~truction of the building
or of one or more of several buildings which comprise the
property shall be promptly repaired and restored by the council
using the proceeds of insurance held by the council, if any, for
that purpose, and the unit owners directly affected thereby
shall be liable for assessment for any deficiency in proportion
to their respective undivided ownership of the common elements:
Provided, however, That if there is substantially total
destruction of the building or of one or more of several
buildings which comprise the property, or if seventy-five per
cent of the unit owners directly affected thereby duly resolve
not to proceed with repair or restoration, then, and in that
event, the salvage value of the property or' of the substantially
destroyed building or buildings shall be subject to partition at
the suit of any unit owner directly affected thereby, in which
event the net proceeds of sale, together with the net proceeds
EXHIBIT 9
EXHIBIT 10
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...
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
"*'
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PLAINTIFF: .................
rcOONCIL OF IfESTWOOD VILLAGB ,
PO BOX 622
C/O PROPERTY HANAO~
~EMOYNE, PA 17043
VS.
DEFENDANT: N.wI.,...,ADDncss
rsTODDART, BARBARA
234 BRIAN DRIVE
ENOLA, PA 17025
L
....0111......
09.1.02
OJH.,.... .....
ROBERT V. MANLOVE
-... 1901 STATE STREET
CAMP HILL, PA
"._,,(717) 761.0583
17011- 0000
BARBARA STODDART
234 BRIAN DRIVE
ENOLA, PA 1.7025
Docket No.: CV'0000041-98
Dale Filed: 2/04/98
..J
.
THIS IS TO NOTIFY YOU THAT:
Judgment: DF.F1<m.T ,TImGMF.NT DP.F.
[K] Judgmenl was entered for: (Name) "'l'l'lnnllll'l' RIIIlRIIIlIl
[K] Judgmenl was entered againsl: (Name) ~orm~TT. OF WP.~'l'Woon VTT.r.Mll>.
in the amount 01 $
nn on:
(Date 01 Judgmenl)
4 /,n /QA
o Defendants are joinlly and severally liable,
o Damages will be assessed on:
(Dale & Time)
Amounl of Judgmenl
Judgment Costs
Inleresl on Judgment
Allorney Fees
Tolal
$
$
$
$
$
.00
_00
.00
.00
.00
o This case dismissed without prejudice.
O Amounl of Judgment Subject 10
AltachmenVAct5 of 1996 $
o Levy Is stayed for _ days or 0 generally slayed,
Post Judgmenl Credits $
Posl Judgment Cosls $
============
o Objection to levy has been filed and hearing will be held:
Certified Judgment Tolal $
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
n
OF APP.~ EAL WITH THE PROTHON70:T'~Y1CLERK OF THE C04J~OF COMMON PLEAS, CIVIL,.DtVISION. YOU
I / I I , I'.lt....j"~t1.
MUS7r NCLUDE A COPY OF THI 0 IC&OF J DG E J ;' CRIPT FORM WITH y"o.u...Ifj. PJIP"iOF,ePPEAL.
1:t!:' ,z,' i' r~~ I" ".,. 1J:i ".
'/1 t.....: ,., ~';""'';'';''-'''''~ ~I.,... .
") II, Date '~~ '-! ;,,'<;.. , Dlsrrrcl:~U~116~
l~ifY thai this is a Irue anf6~' aOPY~~.99ra;Of/le;roceedingS c{n~~~g,+~j~~~~~~~J1
4/ )(1 Ie; f Date /i (# ,Jfi , ..... , Dlstrlcl Ju~tlce
' / ' -, 't' . ,. .".."'\l '
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. "t".r, .
My commission expires first Monday of January, 2000 SEAl:"
EXHIBIT 11
. .
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FEI3 1 J. KlC'O
CIIROL NOVI\5AT, CLAUD
SKELTON, FliT VAN DREW
AND BARBARA STODDART-
MORGAN,
plaintiffs
IN THE COURT OF COMMON PLEAD OF
CUMBERLAND COuNT~, PENNSYLVANI/I
v.
CIVIL /lC'nOIl ". EQUITY
COUIlCIL OF weSTWOOD
VILLAGE CONDOMINIUM,
Defendant
NO. 97-3436 EQDITY TERM
IN RE: ADJUDICATION
DJ:FORI! OLER. J;
OPINION and DECREE NISI
DECREE NISI
,1L day ot Epbrunry, 1998, upon
AND NOW, ~.his
consideration of Pla~qtiffs' complaint, following a trial, and {or
the reasons stated in the accompanying opJ;nion, Defendant .l..
enjoined to schedule a epeaial meeting of unit owners of Westwood
Village Condominium within thirty days for the I"HpOSC of
perlnitting any unit owner to make a motion for. the rcmov,,1 from th.}
Council of Westwood village of william Hiok.., and to secure a vote
thereon at the meeting. All other relief r~uested by I'lainLiltt<
i" denied.
BY THE COURT r .
liar1 M. I,edebolun, E5</'
2109 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff"
Kent ll. Patterson, Bsq.
221 pine Street
Harrisburg, PI\. 17101
Attorney for Defendant
.:
-3
.' .,
EXHIBIT 12
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March 31, 1998
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ft'l.Irt<:lHI:(4q_1Id
K:arl M. Ledebohm, Esquire
SAlOIS, SHUFF & MASLAND
2109 M:arket Street
P.O. Box 737
Camp Hill, PA 17011
VIA 1'ELECOPIER
Re: Our File No. 321-98
De:ar Mr. Ledebohm:
. We have been informed that the special meeting, motion and vote called for by Judge
Oler's Order has been held. ,,'f'/e have been informed tbat tbe motion to remove Mr. l-licks a.s
Vice President has failed.
An August '17, 1997 correspolI;dence from Ms. Deily from your office provided that:ill
escrowed assessments held. by your office were to be released by your office if one of the
following two events occurred:
1. A Court Order resolving the lawsuit between tbe individual unit owners and the
Council of Westwood Village Condominiums, whicb an equity action is to be
heard December 5! 1997; or
2. Until the Council agrees to caU a Special Meeting of Homeowners for tbe specific
purpose of voting upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve until regW:ar elections
may be held. (A copy of tbis correspondence is enclosed.)
Both of tbese events have occurred. We are requesting that your office release all escrowed
2Ssessment money so t at accounts may be made current. We are provicJjng you three days
to comply with this request. Should your office not comply with this request by 12:00 p.m.
. Friday, April J, 1998, we have been itimucted by Council to proceed in the most aggressive
manner possible to recover the escrowed assessments. This will include our' seeking the
:usessments, interest rherefrom, all court costs and our attorney fees from eacb escrowing unit
owner per tbe Condominium Code of Regulations. We have enclosed the relevant portions
authorizing the recovery of tbese damages from lhe unit owners (Article vn, S I. I.).
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EXHIBIT 13
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EXHIBIT 14
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lnw omces
SAlOIS, SHUFF & MASLAND
John E. Slike
Robert C. Snidls
Ceorrrey S. ShulT
Albert H. M..lnnd
Johnn. J. Deily
Richard P. MI.liI.ky t
Jame. E. Reid. Jr,
Scott D, Moore
Knrl M. Ledebohm
A ,RO'I!SSIOSAL CORro.ATION
2109 Mnrkel Slree' . POSl omce 80. 737
Camp Hili, Pennsylvanlll 17001.0737
Telephone: (717) 737.340S. Facsimile: (717) 737.340'/
Emnii: '8,m@ezoniine,com
CarUsle om..:
26 w. Hiall SlRel
Carli.le. PA 17013
Tel.phone: (717) 243-6222
Foc.lmlle: (717) 243-6186
Repty To Camp HIll
April 7, 1998
David R. Breschi
Shumaker Williams. P.C.
P.O. Box 88
Harrisburg, PA 17108
Re: Payment of Escrow Funds 10 The Council of Westwood Village Condominium
Dear Mr. Breschi:
It is my understanding that all the unit owners set forth below for whom our firm is
holding monthly assessments in escrow are in agreement with authorizing our finn to tender.
to the Council of Westwood Village Condominium (the "Council"), the amounts held on their
behalf in our escrow account. However, due to the large number of unit owners which have
contributed to the escrow, I will be unable to obtain all of the necessary written consents until
Monday. April 13, 1998 at the earliest.
There are only two (2) unit owners, namely. Susan Palmer and Pennie Cavanaugh who
have requested our firm to return the funds which they have paid into the escrow account.
Therefore. upon receipt of written authorization of all relevant unit owners, I intend to
tender a check in the amount of approximately $16,732.00 representing the principal monthly
payments paid by the unit owners listed below into our firm escrow account as payment in full
of any and all obligations which the unit owners have in connection with or arising out of the
monthly assessments held in escrow.
The unit owners from whom we expect to receive authorization to make payment as set
forth above and the amounts held in escrow on behalf of each unit owner are as follows:
Glenn S. Kapp
Vance H. and Nancy L. Kyle
Gloria Keller
Elizabeth Keefauver
Alise M. Brewbaker and Anthony C. Wolfe. Jr.
$679.00
516.00
700.00
602.00
700.00
t C~nifjed a.~ OJ Ci...i1 Trial A\lvoc:llC by the National Bo:ud or Trial Advocacy
,\ Penn,yJ'I::mia Supreme Court A.:crcdilcd A,en9
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EXHIBIT 15
David R. Brcschi, Esquire
Shumaker Williams, P.C.
April 13, 1998
Page 2
H. Dixon Hemma 793 Lee Lane, Enola, PA 2 172,00
Elizabeth Kccfauvcr 121 Brian Lane, Enola, PA 7 602.00
~, Gloria M. Keller 843 Melissa Ct., Enola, PA 8 800.00
Nancy L. Kyle 847 Melissa Cl., Enola, PA 6 516.00
Tilman T. McBrayer 846 Brian Drive. Enola. PA 7 602.00 ~
, (9
Barbara Stoddard Morgan 234 Brian Drive. Enola, PA 388.00 , .
Ronald and Anne Nisson 849 Louise Ct.. Enola, PA 7 763.00
Carol Novasat 220 Brian Drive, Enola, PA 7 679.00
Susan M. Reynolds 847 Louise COUrt, Enola. PA 7 602.00
Gwendolyn Schoen 851 Brian Drive, Enola. PA 7 679.00
William Stoner.' 112 Brian Drive. Enola, PA 7 728.00
Barbara A. Vagnerini 810-103 Charlotte Way, 6 600.00
Enola, PA
George and Patricia 823 Lee Lane. Enola, PA 8 872.00
Vandrew
H. Gerald Vogel 810-203 Charlolle Way 6 600.00
Anthony C. Wolfe, Jr. 843 Melissa Court, #304 7 700.00
TOTAL: $10.651.00
Please be advised that the above Unit Owners represent those Unit Owners from which
I have received written authorization to release the amounts held on their behalf in our firm's
escrow account. I expected [0 receive written authorization from the balance of the Unit Owners
set forth in my letter dated April 7, 1998 in the near future. A copy of my letter dated April
7. 1998 is again enclosed for your reference.
Many Unit Owners were out of town on vacation for the Eas[er weekend and therefore
unavailable for purposes of obtaining their written release of monies held in escrow on their
behalf. Every effort is being made to obtain the necessary signatures in a timely manner. It is
hoped that Council will recognize the difticulties involved in Obtaining all the necessary
signatures and refrain from filing a collection action against the balance of the unit owners set
forth in my letter of April 7. 1998.
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EXHIBIT 16
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EXHIBIT 17
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r rom tbe Board of D1m:ton
August, 1996
...
Council asked the Board if they wished to have
a few words in this issue or the ''Westwood
Village News". As there was no response, we
will assume that no news is good news!!
...
~ The next Board of D1l'tcton Meeting Is
Sept. 4th, at 7pm, In the Clubhouse. ALL
RESIDENTS OFWESlWOOD VILLAGE
ARE INVITED TO AlTEND!! ~
Board I)( Dil'tcton
President Anne Nisson. 732.6911
Vice President Mary Miller - 732-2842
Secretary Sandy Seltzer. 732-2180
Treasurer Dick Hemma - 732-2864
Member at Debiie Evans -732-1694
Large
Clubhouse Pat Vandrew - 732-2206
Rental Chrrn.
~ The next Council Meeting is Monday, August
19th, at 7pm, in the Oubhouse. ALL
RESIDENTS OF WESlWOOD VILLAGE
ARE INVITED TO AlTEND!! ~
r*--------,o:--.----*,
DROP US A LINE!!
Do you have a concern/suggestion/comment
that you would like to pass on to Council?
Please write it down in the space provided, clip
this coupon and drop it in the mail slot at the
clubhouse, We'D make sure to get back to you.
Dear Council:
I believe you should -
look into:
correct:
be aware of:
Signed.
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~I,EASE NQn;1
Council wishes 10 take special note or the excellent job
done in the refinishing of the clubhouse parking 101.
It looks great and we're sure it will make a positive
difference in the amount or use we see in that area.
FOR RESIDENT INFORMATION. ACllJAL COPIES ARE AVA>>...
ABLE. PLEASE KEEP WlTII YOUR BY.LAWS AND CONDO
DOCUMEtn'S AS TIllS IS nm FORMAL PROCEDURE IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17196.
COUNCIL OF WEm\'OOD VII.IACE
DEWIQUENT CO:-lDO FEE COLLECTION PROCEDURE
The following illfollll3tion renecu the procedures for dellquent condo fee
collection at WestWOOd Village. ThiJ procedure I1SSW1ICS that no payments
arc nude. lIIId that the account is l:Iken completely through the collection
procedure. This procedure Qn terrnin:lle at any time with full p:IYI1Ienl of
the oUlSlanding baI:l/1ce or the account to that poinL
I.) Monthly assessments are due of the first (I) ofe:lch month for that
month.
2.) 11' payment is not RCeh'Cd in our office by the morning mail on the
fUleenth (15). a friendly reminder lener is sent to the unit O\\l1er.
3,) 11'payment is still not received in our office by the momingmail on the
thinieth (30) oflhe month. SIO is .utom:llic:llly.dded to the account with-
out a leller to the unit O\\l1er.
4.) 11'payment is still not received in our office by the morning mail on the
fifteenth (15) or the nc." month.. fmal4S day leller is m:liIed by cenified
nuilto the unit owner. This leller is fum. :l/Id advise if payment is not
received within fUleen (IS) <bys of the date of the lener. the account will be
tre:llcd as defiantiy deliquentlllld scheduled to be assessed additional col-
lection costs in anticipation or action to enforce the lien by judicial means.
II will .Iso be reponed to the Credit Bureau and the 1!10ngogee notified of
the attaching of a priority lien.
5.) 11'payment is not RCeived within ftfteen (t5) days. Credit Bure:lU is
informed (i.e. 60 days deliquent) th:It the costs of mailing and collection
time arc assessed :l/Id a leller sent to mongogee infonning them of the
delinquen~' and the attachment of the priority lien of tile assesSJlll:nl
Leners as above should continue for six (6) months.
6.) It an account becomes six (6) months dcIiquenl assess 57S0 counsel
fee and title search challte of at least $SO for a present owner search lIIId me
a DistnctJuSlice Action to enforce the lien including interest. attorney's
fees. costs and expenses,
7.) Secure District Justice Judgment and record transcript of Jlldgment
lhrough counscl after the appeal period e~'Pires (30 days aIIer Judgment).
8.) Oncc the mallcr is in thc hllllds of counsel. as decision \\;(( be made
whether to executc on the Judgment agoinslthe unit. the personal propeny
of Ihe owners. their bank .ccounts or other assets or other similar action.
At this lime. mongogcc will be informed of the amount oflhe sL~ (6) month
priority licn .nd Ihis \\illlikely constitute a default under the mongage.
9.) Thc intent is to work diligently to prevcnl the unpaid liens from ex-
ceeding lhe six (6) month priority given to condominium liens vis a ,is the
first mcngage.
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EXHIBIT 18
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM,
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PA
v.
CIVIL ACTION -LAW
BARBARA STODDART MORGAN,
Defendant
NO. 98-2375
ARBITRATION
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above-captioned action for specific performance as a lis pendens against the
following real property:
ALL THAT CERTAIN unit in the property known, named and identified in the
Declaration Creating and Establishing Westwood Village Condominium, dated
January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, as
amended on various dates, referred to as Westwood Village Condominium, located
in East Pennsboro Township, Cumberland County, Pennsylvania, being known as
234 Brian Drive, Building 10. Block 5, in Westwood Village Condominium, Enola,
East Pennsboro Township, Cumberland County, Pennsylvania, having been
conveyed to Defendant by deed dated November 21, 1996, and recorded in the
Office ofthe Recorder of Deeds of Cumberland County in Deed Book 149, Page 421,
together with a proportionate undivided interest in the common elements, as defined
by the Declaration of 0.534%.
I hereby certify that this action affects title to or other interest in the above-described real
estate.
SHUMAKER WILLIAMS, P.C.
Dated: ~ if; Iltl
By 0lP 14 ffwL
David R. Breschi, I.D. #59001
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
84993
EXHIBIT 19
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SETTLEMENT AND REl.EASE AGREEMENT
This Settlement and Release Agreement, is made this _ day of September, 1998, by and
between The Council of Westwood Village Condominium (the "Council") and Barbara Stoddart
Morgan ("Morgan").
WITNESSETH:
The parties hereto, intending to be legally bound hereby, declare and agree as follows:
1. Morgan is the owner of 234 Brian Drive, which Unit is situated within the
condominium complex known as Westwood Village Condominium.
2. In August, 1997, Morgan began withholding her payments of the monthly
assessments due to Council and instead, she paid her monthly assessments into an escrow account
held by the law firm of Said is, Shuff and Masland (the "Escrow") until either of the following two
events occurred:
a. A Court Order resolving the lawsuit between the individual Unit Owners and
Council or;
b. Until Council agreed to call a special meeting of Homeowners for the specific
purpose of voting upon a resolution to remove certain Council members and
to appoint interim replacement members of Council to serve until regular
elections would be held.
3. Disputes and differences have arisen between the Council and Morgan conceming
legal fees, costs and interest claimed by the Council to be due and owing from Morgan in connection
with assessments paid into the Escrow.
4. A trial in the lawsuit between the Morgan and Council was held on December 5, 1997
and a Court Order was issued on February 9, 1998 which resolved the lawsuit between the individual
Unit Owners and Council. Despite the issuance of the Court Order, Morgan did not voluntarily pay
her escrowed monthly assessments. As a result, Council sought legal advice as to how to proceed.
On March 31, 1998, Council's attorney issued a demand upon Morgan to immediately pay her
monthly assessments that they had previously escrowed. The payment demanded by Council's
attorney included the escrowed monthly assessments, interest and attomey fees incurred by Council
in its collection of Morgan's escrowed assessments.
5. On or about April 13, 1998, Morgan tendered any and all assessments she held in
Escrow to the Council in full satisfaction of any and all amounts due to the Council in connection
with the escrowed assessments. Council rejected this payment and returned the payment to Morgan
because the said payment did not include payments of interest and attomey fees that Council
believed that Morgan was required to pay. Council then filed a separate collection action against
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Morg3ll in Ihe Cu:nberla:ld Couury C.,lllt of Common Pleas, for the collcClIon of Ihe Iflolllhly
assessmems, intereSl, costs, legal fees and other damagcs.
6, Following the filinll of the collection actions b}' thc COl/ncil, Morg.ul, on ~fay I,
1998, filed a Petition to Cumberl3lld County COU" of Common Plc4.1, Dockel Nu, 97.3436 (the
"Petition''), for Rule 10 Show Cause why tha Council should not be pellD3lIenlly clUOWed (rom the
collection of the int(lJ'est and leg31 fees clain:ed to be due llIId owinll by the COWleil in cOM~lion
\lith the Escrow.
7. It U th~ intention of the Council and Morgan 10 hereby senle and cOll1pmmhe ~I the
cEsputes and differences berween them JI.uly arid amicably arisiug oUI of, or in COWltcuon with, the
Pelition and the Collection Actions and the l1I:IOunlS claimed to be due by thc Council fronl Morgan
as evidenced b)' the sum set fOM On Exhibit "A."
8. In ~"ch.anlle for the mutual rel~3Ses and promises comBined herein and in full
consideration ll}ercof.r...rorgan has paid to the Council's leglll counsel simullaneowly herewith, the
sum sct forth on Exhibit "A" attached hereto, the receipt ofwwch is hereb}' acknowledged by the
Council.
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9. In exchange for the said payment and tlle other promises set fonh brein, Morsan and
the Council, jointly and severally, does hereby remis~, re!~ase, quil.claim. hold harmless und
discharge the olher of and from any and all claims, demands, damages, aelions, causes of action or
suits at law or in equity or whatsoever kind or narure, which Morgall may have against the Council
or which ilie COlir'.cil may have against Morgan now or in the future arising out of, or in conncction
wltl1 the Petition. the Collection Actions and/or the amount. claimed by the Council SCI forth on
Exhibit "A" attached hereto and made part hereof.
10. Except 3S othelWis~ provided herein, in cxchange for tl:e said paymenls and the
mutual releases conlained herein. thc Council shall, within tcn (10) days of !he date hereof,
discontinue the Collection Actions with prejudice, release any and all lis pendens filed in connection
with the Collcetion ActiolJS against thc real estale of Morgan and wilhdraw Lhcir Answer with New
Matter filed in responsc to the Petition in exchangc for which Morgan agrees 10 withdraw the
Petition.
11. In the event that any party hereto breaches an)' provision of this Agreement, and the
non-breaching puny retains counsel 10 assist in enforcing !he temlS thcrcot; and upon final
determination by a court that either Morgan or the Council malerially breach this Agreemenr, the
parties hereby agree thut ilie breaching party will pay,alJ attorneys' fees, court costs and expenses
incurred by the non-breaching party in enforcing the Agreement.
12. Time is of the essence in this Agreemem,
13. This Agreement contains thc whole agreem~nl belweell thc parties, and there are no
other terms, obligations, covenants, representations, stalemenlS or condilions, oral or otherwise, of
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all}' kind \I. hatso~ver. and it m.ay not be altered. amended or modi lied other tlI.1.lI iIl....'rilin~ executed
by the plllties hereto and shall bc binding upon the parties hereto, their heirs, SUCeesson and IlSsigru.
IN W1Th'ESS WHEREOF,lhe parties bereto have hereunto sel tbeirhandJ And scll!J the day
and year Jinllbovc wrl"~n.
WITNESS:
TIlE COU~CIL OF WESTWOOD VILLAGE
CONDOMI1\lUM
By
William Hicks, President
By
Audrey Fe3]unan, Vice President
By
De3llll3 Robinson, Secret31y
By
William Bopp, Treasurer
By
Claude Skelton
UNIT OWl'iER
Barbara Stoddart Morgan
UY;.i\Y.S.
17:3, fA! ,t7 Td3 7~b;
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EXHIBIT" A"
U~'~~.., t7:J.r. ~',\l HI 7dJ IHI
~m'~.,X[R ~ILLH
Sarbara Stoddart Morgan
Date Cltuae Amount Total
November, 1997 Monthlr Assessment 64.00 64.00
November, 1997 Speci;tJ Assessment 33.00 97.00
December, 1997 Interest .49 97.49
December, 1997 Monthly Assessment 64.00 161.49
December, 1997 Special A.!sessment 33.00 194.49
j:muary, 1998 Interest .97 195.46
J:muaIj', 1998 Filing/Legal 59.50 254.96
January, 1998 Monthly Assessment 64.00 318.96
JiU1Ua1'}', 1998 Special Assessment 33.00 351.96
February, 1998 Interest 1.76 353.72
February, 1998 Monthl}' As.lessment 64.00 417.72
February, 1998 Special Assessment 33.00 450.72
March, 1998 Interest 2.25 452.97
March,1998 Monthly Assessment 64.00 516.97
March, 1998 Special Ass~ssment 33.~ 549.97
April, 1998 Interest 2.75 552.72
April, 1998 Month!}' A.!sessmeot 64.00 616.72
April, 1998 Specht! Assessment 33.00 649.72
April, 1998 Legal Fees/Expenses 108.50 758.22
April 15, 1998 Payment Received <194.00> 564.22
May, 1998 Interest 2.82 567.04
May, 1998 Monthly Assessment 64.00 631.04
May, 1998 Special Assessment 33.00 664.04
May, 1998 Legal Fees/ExpenseS 711.20 1\ 1,375.24
May 22,1998 Payment Received <388.00> ~?,y 987.24
UP'~S.' 17:~~ r.u 717 7d3 H07
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May 26,1998 Payment Rec.:;ved <97.00> 890.24
June, 1998 Interest 4.45 894.69
June, 1998 Monthly Asseument 64.00 958.69
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JUDd, 1998 Special AUC3smenl 33.00 991.69
JUDe, 1998 Legal FeC3/Expcnm 109.60 1,101.29
July, 1998 Interest 5.50 1,106.79
July, 1998 Monthly Asse5sment 64.:0 1,170.79
July, 1998 Special Assessment 33.00 1,203.79
July 9, 1998 .Pay=t Received <97.00> 1,106.79
July 24, 1998 Payment Received <97.00> 1,009.79
August, 1998 Interest 5.04 1,014.83
August, 1998 Monthly Assessment 64.00 1,078.83
August, 1998 Special Assessment 33.00 1,111.83
August, 1998 Legal Fces/E:.:penses 851.69 1,963.52
September, 1998 Interest . 9.82 1,973.34
September, 1998 Monthly Assessment 64.00 2,037.34
September, 1998 Special Assessment 33.00 2,070.34
September 1;1998 Payment Received <97.90> 1,973.34
September 28, 1998 Legal FeeslExpenses <250.00> 1,723.34 _
Adjustment
Total Amount Due $1,723.34
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EXHIBIT 20
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CONDOMINIUM RESALE CERTIFICATE
The followlnlllnformollon Is belnll pruvided to the owner of Unil 234 Brion Drive of Ihe Westwood V1II81/Q
Condominium Unltowncrs A~soclatlon (the "Unit"). pursuant to Section 3407 of the Pcnnsylvanla Uniform
Condominium Act, 68 Po. C.S.A. section 3407. Pursuant to the provisions of said Section, the Westwood VIII8qe
Condominium Unltowncrs Association ("Association"), represcnts the followins:
I. The sale of the Unit Is not subject to any right of first refusal or any othcr restraint on the frce allen8blllty
of the Unit known to the Association.
2. The monthly common expense assessment, due on the first day of each month in advance, is~. As
of this date, the outstanding balance of unpaid common expenses due and payable with respect to the Unit Is
52.070.34, through and including September. See aUached schedule. The outstanding balance for special
assessmcnts due or payable with respect to the Unit Is an additional $ 495.00. As of tllis date, the following surplus
Is available to be credited 10 the Unit: $ 0.00.
Association monthly fees arc paid through the Month of (Not Calculaled). No Initiation fee Is due 10 the
Council of Westwood Village by the purchaser.
3. No other fees are presently due to the Association by the owners. llowever, the unit owners are personally
responsible for all county, township, and school real estate taxes on said unit. Additionally, the unit owners
are responsible for the payment of sewer and utilities furnished to the individual unit. The Association has
no knowledge of the payment status oflaxes or utilities, and each Buyer is required to make his or hcr own
investigation thereof.
4. The following capital expenditures are proposed by the Association for the current or the two next
succeeding fiscal years:
a. Roof Replaccment
b. Exterior Wood replacement.
5. The Association has $27.506.00 reserved for capital expenditures. Presently those reserves have been
specifically designated by the Association for the particular projects listed in item number 4.
6. The most recent regularly prepared balance and income and expense statement, if any, of the Association
is alloched hereto as Exhibit A and incorporated herein by reference.
7. The current operating budget of the Association is auached hereto as Exhibit B and incorporated herein Ir
reference.
8. At present, there exist no judgments against the Association known to it, nor are there pending suits
known to the Association, to which it is a party.
9. Pursuant to the requirements of the Uniform Condominium Act, the Association maintains insurance on
each of the respective buildings of the Condominium in an amount equal to atleastSO% of their value.
Such insurance is maintained with Commercial Union Insurance Comnanv. The Association also maintains
public liability insurance of the common elements inlhe amount of $2.000.000.
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BARBARA A. MORGAN
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99-1317
CIVIL TERM
Deleacta.1I
PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT
AND NOW comes the Plaintiff, Barbara A. Morgan, pro se, compelled to move for
cross-motion for swnmary judgment pursuant to PAR. Civ.P. 1035.2 to set forth critical
facts being ignored by Defendant, and in support thereof avers as follows:
I. Defendant, COWlCiI of Westwood Village Condominium by and through its
counsel, Shumaker Williams, P.C., is one of two goveming bodies of Westwood
Village Condominium which is located in East Pennsboro Township, Cumberland
County. Copies of Defendant's Notice of Appeal from District Justice Judgment,
Common Pleas No. 99-1317 Civil Term, Plaintiff's Answer to New Maller,
Defendant's Response to First Request for Production of Documents, and
Defendant's Response to Plaintiff's First Request for Admissions are attached as
Exh 1,2,3, and 4 respectivelj'.
2. With respect the Defendant's Responses to First Request for Production of
Documents and First Request for Admissions, Defendant consistently continues
to refuse to provide or admit to additional pertinent information concerning all of
the existing facts which will reveal the existence of a genuine issue of material
fact which establishes the dispute concerning whether or not the escrowed
assessments were delinquent within the meaning of the Act, whether or not
Council violated its own collection policy (if in fact Plaintiff's monthly fees were
delinquent), and denies the filing of an illegal lien against Plaintiff. However, the
material facts speak the truth. If Plaintiff's escrowed fees are deemed bv the
~ourt to be "delinauent." the delinauencv as such did not meet the Defendant's
criteria to take le2al action and/or file a lis oendens.
Additionally, 3m party collectors (in this case, PMI, Inc., Defendant's property
manager, and David Breschi, Esq., Defendant's counsel) must adhere to the
Federal Fair Debt Collection Act which forbids false threats to coerce payment
(such as threats of suit or other consequences) and unfair or unconscionable
means to collect a debt once a written dispute has been filed concerning the
alleged debt. Violators of any provision of this Act may be subject to the
penalties imposed under the Act.
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3. Plaintiffforrncrly owned a unit in Westwood Village Condominium. a
Condominium whieh is governed under the Unit Property Act of 1963 (not to be
confused with the 1980 P A Uniform Condominium Act) and associated governing
documents and other rules and regulations duly adopted by Resolution by
Ocfendant in its government of Westwood Village Condominium. Defendant's
property manager is Property Management, Inc.. a corpornlion hired by Ocfendant
to act upon Ocfendant's instructions in its management of Westwood Village. A
copy ofthe Unit Property Act of 1963 is attached as Exh 10.
4. On June 26, 1997, Plaintiff, along with three other Westwood Village unit
owners, namely, Claud Skelton (the current president of Defendant), Carol
Novasat, and Pat Vandrew , filed a class-action suit (on behalf of themselves and
approximately twenty-four (24) additional aggrieved unil owners) against
Defendant for non-eompliance of the governing documents. This suit was filed at
each individual's personal expense.
5. The non-compliance occurred when Ocfendant refused to conduct new business at
its May 1997 annual meeting of unit owners because it knew or should have
known that the unit owners collectively had sufficient voles to remove a Council
Member, William Hicks, from Council.
As an aggrieved unitowner in a Condominium governed by the 1963 Unit
Property Act, (Article III, Section 305 of the Act - Noncompliance with the Code of
Regulations, Administrative Provisions, Covenants, etc. "Failure to comply...shall be
grounds for an action for the recovery of damages or for injunctive relief; or both,
maintainable by ... in a proper case, by an aggrieved unit owner... who is aggrieved by
any such noncompliance." See the 1963 Unit Property Act - Exh 10.
6. On August 28, 1997, Plaintiffs attorney notified Defendant's agent, Property
Management, Inc., that all future assessments of some individual unit owners will
be held in an escrow account by Plaintiffs attorney's office until resolution of the
non-compliance occurred. This notification (Exh 5) represented a written dispute
concerning Council's non-compliance and the recourse that will be taken for the
recovery of damages sustained by the unitowners as the result of such non-
compliance.
The October 13, 1997leller referenced in Defendant's No.8 statement of its
Motion for Summary Judgment from Council to Plaint iff represents an opinion
only - not the law.
7. Subsequent to receipt of Plaintiffs written dispute/intent 10 escrow, Ocfendant's
property manager (the 3nl party .:ollector), upon instruction from Defendant,
aggressively continued its collection efforts and continually and consistently
notified Plaintiff that her delinquency had been reported to the Credit Bureau
2
.
.,
(See Exhibit 6) when in fact it had not been as admitted by Ocfendant in its
response to Plaint ill's Request for Admissions and confirmation that it had not
been reported was received by Plaintil1' from the Credit bureau..
8. Contrary to Ocfendant's No.9 statement in its Motion for Summary Judgmcnt,
Plaintiff voluntarily released her escrowed fees to Defendant on April 13, 1998 in
accordance with Defendant's March 31, 1998 request to Plaintil1's attorney. (Exh
7,8 and 9). This March 31, 1998 letter from Ocfendant's attorney clearly
acknowledged and upheld the escrow conditions. The amount of escrowed fees
on March 31, 1998 was $388.00 which represented four (4) months at
97.oo/month.
Contrary to Ocfendant's initial written request for release of the escrowed fees,
Defendant subsequently added and demanded legal fees which were not included
in the fulfillment of the August 27, 1997 escrow conditions set forth by Plaintiff's
allomey.
9. Pursuant to Ocfendant's No. 10 statement in its Motion for Summary Judgment,
Ocfendant filed a Praecipe for Lis Pendens with the Cumberland County
Prothonotary; however, this Praecipe for Lis Pendens did not reference the Unit
Property Act of1963, as required in Article VII of the subject Act (Exh 10)
making said Praecipe for Lis Pendens null and void. The filing of the Lis Pendens
occurred on June 2, 1998 (Exh II) Plaintiff's account was finally acknowledged
by Ocfendant as current on May 22, 1998 (See Ocfendant's Exhibit II of its
Motion for Summary Judgment). The filing of the Lis Pendens was untimely,
illegal, and an attempt to coerce Plaintiff to pay the unlawful additional legal
fees.
10. In accordance with Defendant's own Collection Policy, Item 6., a Lis Pendens is
fLIed once an account becomes six (6) months delinquent. (Exhibit 12). Although
Plaintiff's fees were already released to the Ocfendant and not delinquent nor held
in escrow at the time the Lis Pendens was filed, Defendant violated its own
Collection Policy as Plaintill's total escrowed fees represented only four (4)
months of assessments at the time her assessments were released to Defendant.
11. Pursuant to Defendant's No. 13 statement in its Motion for Summary Judgment,
Plaintiff made a decision to sell her property when she was sued (for exercising
her rights as a unitowner) in October, 1997 (two (2) months after she began
escrowing her fees) by William Hicks, President ofFuglee, Inc. (a contractor
hired by Defendant for a 5-year contract for lawncare and painting services) who
was also Defendant's president at that time. Plaintiff's unit was placed on the
market in October 1997 and the first contract wasn't signed until August 1998.
Contrary to Defendant's statement, Plaintiff did not decide to sell her unit in
September, 1998. She made that decision in October, 1997.
12. Pursuant to Defendant's No.1 6 statement in its Motion for Summary Judgment,
Defendant's attorney advised Plaintiff that the amount of Council's claim had to
3
..
be paid in order for her to transfer title - not in order for Couneil's suit to be
dismissed as Defendant so indicates. Plaintiff had a personal, lengthy
conversation with Defendant's attorney just prior to her settlement date during
which she was advised to pay the money at settlement and then sue through the
District Justice to get it back. Defendant's counsel also suggested during this
telephone conversation that Plaintiff probably had a dozen or more issues for
which she could justifiably sue Defendant for, up to a maximum 0[$8,000.00.
13. Pursuant to Defcndant's No. 17 statcment in its Motion for Summary Judgment,
Defendant's attorney, during the telephone conversation referenced in No. 12
above, that Defcndant would reduce its bill by $250 if Plaintiff paid the balance at
settlement. There was no mention of the requirement to sign a release. Plaintiff
pleaded, to no avail, with Defendant's attorney to allow her to st:llle on her
property and continue with the pending litigation for which she would assume full
responsibility for its outcome.
14. Plaintirrs decision to not sign the release presented to her at the selllement table
was based on the fact that the release contained false and deceptive statements, to
her detriment, namely, "Despite the issuance of the Court Order, Morgan did not
voluntarily release her escrowed fees" when, in fact, she did, after which
Defendant filed suit to collect legal fees. The statement "Despite the issuance
of the Court Order..." is also mIse and deliberately misleading in that the
fulfillment of the escrow conditions was not based on the issuance of the Court
Order, it was based on Defendant's comDliance with the Court Order, which
occurred on March 30, 1998. Defendant requested release of Plaintiffs escrowed
monies on March 31, 1998 and said monies werereleased on April 13,1998.
Defendant did not request any additional eosts associated witb tbe
fulfillment oftbe escrow eonditions as evidenced in its Marcb 31, 1998
request (Exb S). Defendant requested release of "escrowed" fees only.
15. Pursuant to Defendant's Exh 11 in its Motion for Summary Judgment, Plaintiffs
escrowed fees of$388.00 was fmally accepted by Defendant on May 22, 1998.
The Praecipe for Lis Pendens was filed May 29, 1998, seven (7) days after
Defendant's acceptance of the escrowed monies. (and the lawsuit for the
escrowed money was filed April 28, 1998, fifteen (15) days after Plaintiff released
her money).
16. Defendant's No. 20 in its Motion for Summary Judgment is further clarified as
follows:
a. Correct. Please note that $59.50 of this amount represents the District Justice
filing fee for action by Defendant against Plaintiff, but judgment was entered
against Defendant for its failure to appear at hearing; as such, Plaintiff is not
liable for this fee, but it was charged to and collected from Plaintiff.
4
,
. .
..
b. Incorrect. The $495.00 did NOT constitute Plaintifi's outstanding balancc of
SPECIAL assessments (in addition to the monthly $64.00 fee) from
Septcmbcr 1998 until the end of the 1998 calendar year. The $495.00
represented special assessments beyond the date of sale of her unit _
$33.oo/month for Oct., Nov., Dec.. 1998 and twelve (12) months of 1999
equals $495.00 for a period of time Plaintiff did not own unit. Thi, amount
was included on the Resalc Ccrtificate and added to her settlement sheet.
Ahhough Defcndant claims Exhibit 14 is a copy of the Resale Certificate, its
Exhibit 14 is only a copy of the invoice for the Resale Certificate. The actual
Resale Certificate charges were not attached. The breakdown of those charges
and the time period for such charges are on the attached Exh 13.
c. The $25.00 charge for the Resale Certificate was also added to Plaintiff's
settlement sheet. Plaintiff is not disputing the charge of$25.oo for the Resale
Certificate - she is disputing the Icgality of it as such a Certificate and charge
are in violation of the governing documents of Westwood Village as
evidenced by the refcrence on the Certificate to the P A Uniform
Condominium Act. 68 Pa C.S.A. Section 3407 and not the appropriate 1963
Unit Property Act. Thus, Plaintiff's claim that she was unlawfully assessed
(special) condominium fees is legitimate and remains valid as appropriately
substantiated by the applicable Act of 1963 and Defendant's Code of
Regulations.
17. Pursuant to Defendant's No. 21 statement in its Motion for Summary Judgment,
please correct the record to read, "The legal and filing fees of$ I 840.49 were
challenged by Morgan in the previous collection action by Council against
Morgan, as well as the unlawful collection of special assessments beyond the date
of sale of her unit. and the unlawful Resale Certificate. "
18. Pursuant to Defendant's No. 22 statement in its Motion for Summary Judgment,
please note that the Resale Certificate clearly slates, "The outstanding balance for
special assessments due or payable with respect to the Unit is an additional
$495.00".
Please note also that the remaining assessments (special assessments) were for
frlleen (15) months following the date of sale - not for the 1998 calendar year as
Defendant so states.
19. With regard to Defendant's footnote I , further clarification is required as follows:
The $1,973.34 paid at settlement included $1,840.49 in legal fees and costs,
$35.85 in interest, and her current September 1998's combined monthly fee of
$64.00 plus $33.00 for September's special assessment:
$1840.49
35.85 interest
64.00 September 1998's regular fee
5
EXHIBIT 1
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NOTICE 0' APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PIIAI No.
" ":' ' ; '. '-.. , NOTICE OF APPEAL ' ".,,'lI~
; ;. Nolb h gI.oetI. titer "" ~I hIll'm.d 11I1"* aboo.oe Courl 01 Common Ploa. on oppeol f,om lhe judgment -*od by I'" Dltlrltl.MHw""l
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EXHIBIT 2
." . I
Barbara A. Morgan
141 S. EnoIa 0tIvt
EnoIa Po 17025
717.732.7952 or 717.255-6514
,
. 1""'-
May 3, 1999
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Prolhonolary's 0fIlce
Cumberland Counly Courthouse
Courthouse Square
Carlisle, Po 17013
SUBJECT: COMMON PlEAS NO. 99-1317 CIVIL TERM
Barbara A. Morgan, (Appe1Iee), V. Council of Westwood Village
Response 10 New Malter and Plaintiffs Requesl for Production of Documenlll and
Things and EnI1y for Inspecllon And Other Activities
Dear S1rlMadam:
Pursuant 10 the Praecipe 10 Enter Rule 10 File Complaint and Rule 10 File, dated March 8, 1999,
Defendanfs Answer 10 Complaint daled April 13, 1999, Docket No. 99-1317, and now Defendanfs
NoIk:e 10 Plead 10 New Maller, dated April 13, 1999 (Docket No. missing), enclosed is Plaintiffs
response kl New Maller.
Also enclosed Is Plaintiffs request for Production of Documents and Things and Enl1y for
Inspecllon and Other Activities, and a Certificate of Service.
Respectfully submitted,
yf-,Jw_ a ~:YA-/
, Barbara A. Morgan
Pro se
Enclosures
cc: David R. Breschl, Esq.
Council of WeslwootlViilage Condominium
,.
g.w_ iT
NEWMAITER
AND NOW COMES Plaintiff, Barbam A. Morgan, pro se, who
files this Answer to Defendant's New Matter:
19. Denied. To the contrary, Morgan who, by duress of her
person or of her property, was compelled to pay money for
which she was not liable. The said money was illegally
assessed and unlawfully demanded. Where a payment of
money has been induced by unfair pmctice, fmud and/or
deceit, the payment may be recovered.
20. Denied. Essential to waiver is the voluntary consent of the
payor. There was no voluntary consent on the part of
Morgan at the time she was forced to render payment.
21. Denied. No judgment against the Plaintiff associated with
the pending litigation and no valid compromise existed
between Plaintiff and Defendant at the time Morgan was
compelled to render payment.
22. Denied. There was 110 accord (agreement) associated with
the alleged claim. Without "accord," there is no
"satisfaction. "
23. Denied. Strict proof of such, if relevant, is demanded.
24. Denied. To the contrary, Morgan refused to sign a Release as
requested. Therefore, Morgan did not relinquish a right
claim, or privilege associated with said payment.
25. Denied. Litigation of alleged claim was still pending when
Morgan received the sole offer on her property which had
EXHIBIT 3
Icgal fees and costs applied 10 Barbara Stoddart-Morgan in thc mailer of Wcstwood Vl1Iage v.
Barbara Stoddart-Morgan, Civil Action No. 98-2375.
4. Objection. This requcst is unduly vague and overly broad. To the extent that this
request is answerable, attached as Exhibit 2 is a copy of Shumakcr Williams, P.C.'a final bill for
legal fcca and costs applied to Barbara Stoddart-Morgan in the matter of Westwood Village v.
Barbara Stoddart-Morgan, Civil Action No. 98-2375.
5. Objection. This request is unduly vague and overly broad. To the cxtent that this
requcst is answerable, attached as Exhibit 2 is a copy of Shumaker Williams, P.C.'s final bill for
legal fees and costs applied to Barbara Stoddart-Morgan in the matter of Westwood Village v.
Barbara Stoddart-Morgan, Civil Action No. 98-2375.
D, COUNCIL OF WESTWOOD VILLAGE DELINQUENT CONDO FEE
COLLECTION PROCEDURE (EXHIBIT A):
I. See attached Exhibit 3.
2. Objection. This response is not a request for a document.
C. SPECIAL ASSESSMENT:
1. Copies of the Unit Property Act, the Westwood Village Code of Regulations and thc
Westwood Village Declaration are available for your review at the offices of Shumaker Williams.
Please contact the undersigned to set up a date and time to review the same.
2
BARBARA A. MORGAN
......11"
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VI.
I
COUNCIL OF WESTWOOD VILLAGE I
CONDOMINIUM
99.1317
CIVIL TERM
Dtf..d...
PRODUCTION OF DOCUMENTS AND THINGS AND
ENTRY FOR INSPECTION AND OTHER ACTIVITIES
Please take notice that pursuant to Rule 4009.11 ofthe Pennsylvania Rules
of Civil Procedure, you hereby are to serve upon the undersigned within
thirty (30) days from service hereofthe following requested information
and/or documents with identity, and reasonable particularity:
A. LEGAL FEES:
I. Description of the amount of $59.50 (FilinglLegal) assessed January,
1998. Provide exact date charge was applied.
2. Description ofthe amount of $108.50 (Legal Fees/Expenses) assessed
April, 1998. Provide the exact date charge was applied.
3. Description of the amount of$711.20 (Legal FeeslExpenses) assessed
May, 1998. Provide the exact date charge was applied.
4. Description ofthe amount of$109.60 (Legal FeeslExpenses) assessed
June, 1998. Provide the exact date charge was applied.
BARBARA A. MORGAN
......11"
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VI.
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99-1317
CIVIL TERM
Der..da.1
CERTIFICATE OF SERVICE
I, Barbara A Morg8/\, Plaintiff, hereby certify that I served a true and correct copy of my
Response to Defendant's New Maller and my Request for Production ofDocumenls and
Things and Entry for Inspection and Olher Activities pursuanlto the Praecipe to Enler
Rule to File Complaint and Rule to File, daled March 8, 1999, Defendant's Answer to
Complaint dated April 13, 1999 relating to Notice of Appeal From District Justice
Judgment, v. CoWlCiI of Westwood Village, Common Pleas No. 99-1317 Civil Term on
this date by placing a copy ofthe same in the United Stales Mai~ postage prepaid,
addressed to:
David R. Breschi, Esquire
P. O. Box 88
Harrisburg, PA 17108
and
Council of Westwood Village
%PMI, Inc.
1300 Market St., P.O.Box 622
Lemoyne PA 17043
Respectfully submitted,
Date: S ..J ~9 '1
,
t ()
~-'U~ jL-)-rl"LflVl..../
( Barbara A. Morgan.:-r~
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
717-255-65l4(W)
EXHIBIT 4
..
Westwood Village Condominium v. Barbara Stoddart-Morgan - Dispute over Condominium
Assessment Fees."
3. Objection. Council objects to this Admission in that it sets forth more than one
matter of which an admission is requested in violation of Rule 4014(b) of the Pennsylvania Rules
of Civil Procedure. Without waiving this objection, Council only admits thaI it complied with Judge
Oler's Court Order.
4. Admitted with qualification. This paragraph refers to a March 31, 1998 letter from
David Breschi, Esquire to Karl Ledebohm, Esquire that speaks for itself and contains much more
information than is referred to in Request for Admission No. A-4.
5. Admitted with qualification. This paragraph refers to the sequence of legal fees
charged to Morgan as outlined in Exhibit No.2 of Council's Answer to Plaintirrs First Request for
Production of Documents which speaks for itself. All further averments in this Request for
Admission are objected to in that they are ineomprehensible and thus, Council is unable to provide
a reasonable response, To the extent that Plaintiff restates or narrows this Request for Admission,
Council will reconsider its response.
6. Admitted with qualifications. This paragraph refers to the Federal Fair Debt
Collection Act which speaks for itself and contains much more information than is referred to in
Request for Admission No. A-6. To the extent that this Request for Admission seeks an admission
that Morgan issued a formal written dispute of her debt to Council, that Request for Admission is
expressly denied.
2
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7. Denied.
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Council returned the check to Karl l.,cdcbo11m.
9. t\dmit\cd.
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\ \. M"'''''' .'fu .,,'If"'''''''' 1b" ,-"" ~r"" '" · 'S.iI""'" "" ..-
A...-..... """""....- r""""''' '" """",,, '" """ Ib<""'" -' , ......
.'
.......... .rlb<..... ","....-""" Ii< "",...-
:J~IIPi1!~. 'Il!fxc-\iIT': -tdl~ A-ll-
fZ. 0. -J
cJlIIIIfC!:"'~ vru- m".""''';'' ...."..qt;,.-r c"""",
tr$~,.octptJ1lt:
\. ......"'" ........._ "'" "",,,, "ro> '" .",'bll ,orc",,",,'" .....
'" ......... ._ r" """,",,"" or"",^""",", .""Ii ..." r" ""if "" "",,;.. -, -
..
dO'_ '" fu' oolli .""'.. '''' 0''''' ".-to ,. fu;, ,..~.'" ~r. '" .,"hi' , 01
3
Council's Answer to PlaintilT's Request for Production of Documcnts, which spcaks for itself and
containing much more information than is rcferrcd to in Requcst for Admissiuns No. B-2.
3. Denied. As stated in responsc No. A.I, Council filcd 1I district justice action against
Morgan on or about Fcbruary 4, 1998.
4. Admilled with qualification. It is admilled that Morgan became delinquent on or
about August 1, 1997 and rcmained delinqucnt on and through April 28, 1998.
5. Admilled with qualification. It is admitted that on June 6, 1998, Council filed a
Praecipe for Lis Pendens on Morgan's property with the Cumbcrland County Prothonotary's Office.
6. Objection. Council objccts to thc breadth and vaguencss of this Rcquest for
Admission in that it is incomprehensible. If Morgan narrows or rcstates this Requcst for Admission,
Council will reconsider its rcsponse.
7. Admilled with qualification. It is admilled that this paragraph refers to a lis pendens
dated May 29, 1998 and filed by Council against Morgan which speaks for itself and contains much
more information than is referred to in Request for Admission No. B-7.
C. SPECIAL ASSESSMENTS:
1. Admilled with qualification. This paragraph refers to the Declaration of Westwood
Village Condominium which speaks for itself and contains much more information than is referred
to in Request for Admission No. C-t.
2. Objection. Council objects to this Admission in that it seeks to set forth two separate
mailers of which an admission is requestcd in violation of Rule 4014(b) of tile Pennsylvania Rules
4
"
"
. .
of Civil Procedure. Without waiving this objection, after reasonable inquiry, Council is without
knowledge or infomlation sumcientto admit or deny this Request for Admission.
3. Objection. Council objects to the breadth and vagueness of this Request for
Admission in that it is incomprehensible. If Morgan narrows or restates this Request for Admission,
Council will reconsider its response.
D. RESALE CERTIFICATE:
I. Admilled with qualification. This paragraph refers to the Unit Property Act of 1963,
Section 706, which speaks for itself and contains much more infonnation than is referred to in
Request for Admission D-1.
2. Admilled with qualification. This paragraph refers to the Westwood Village Code
of Regulations that speaks for itself and contains much more infonnation than is referred to in
Request for Admission D-2.
3. Admilled with qualification. This paragraph refers to the Declaration of Westwood
Village Condominium which speaks for itself and contains much more infonnation than is referred
to in Request for Admission 0-3.
4. Admilled with qualification. This paragraph refers to the Unit Properly Act of 1963,
Section 203, which speaks for itself and contains much more infonnation than is referred to in
Request for Admission No. D-4.
5. Denied. After reasonable inquiry. Council is without knowledge or infonnation
suflicientto admit or deny this Request for Admission.
5
. .
6. Objection. This Request for Admission sccks a conclusion of law to which a
response is not required. To the extenlthat a response is required, Council dcnics thaI it issued any
resale certificate in this casc,
7. Admitted with qualification. Council admits it does not, nor has it ever, issued a
resale certificate. Resalc certificates are exclusivcly prepared, handled and issucd by Council's
property management company.
SHUMAKER WILLIAMS, P.C.
Dated: <\,~ ffj/ ?r!
By ~ (( iXu~
David R. Breschi, I.D. #59001
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
6
If&t"/...-lO I!I4J.Hlill
BARBARA A. MORGAN COURT OF COMMON PLEAS
. PlllalllT CUMBERLAND COUNTY
VI.
99-\317
COUNCIL OF WESTWOOD VILLAGE CIVIL TERM
CONDOMINIUM ~ \D !?,
\D
Ddeadlal ~ ~~
~\TJ
9J I ~~
rl~ c:o
;.::0 ~ ~~
~Q - ~~
5>0 -
~ - ;il!
REOUEST FOR ADMISSIONS -' 2l
TO: COUNCIL OF WESTWOOD VILLAGE, DEFENDANT
DAVID R. BRESCHI, ESQ., COUNSEL FOR DEFENDANT
Please take notice that pursuant to Rule 4014 of the Pennsylvania Rules of Civil
Procedure, you hereby are to serve upon the undersigned within thirty (30) days from
service hereof, your admissions or denials to the attached REQUEST FOR
ADMISSIONS - FIRST SET propounded by Plaintiff, in writing and under oath.
These shall be deemed to be continuing Requests For Admissions. If between the lime of
your answers and the time of Argument Court of this case you or anyone acting on your
behalflearn ofany further information not contained in your answers, you shall promptly
furnish said information to Ihe undersigned by supplemenlal answers.
)' ,
'-7;J,,-1.. I...'-'..L- ~ . JplJ-f (Cl-A/
! Barbara A. Morgan (' J
Plaintiff
Enclosure
Date: 1-t -'17
REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT
COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM
A. LEGAL FEES:
I. One of the filing fees assessed against Plaintiff is Ihe District Justice filing fee of
$59.50 (Exhibit I In A-I of Defendant's Answer to Plaintifl's First Request for
Production of Documents). The District Justice enlcred judgment against Defendant
for failing to appear for the hearing on April 20, 1998.
2. Exhibit 2 in A-2 of Defendant's Answer to Plaintifl's First Request for Production of
Documents contains a subject heading, "Council of Westwood Village Condominium
v. Barbara Stoddart-Morgan - Dispute over Condominium Assessment Fees."
3. The Special Meeting held by Defendant in compliance with Judge OIer's Court Order
took place on March 30, 1998. Defendant's compliance with this Court Order
resolved the Escrow conditions 10 be fulfilled as set forth in Ihe August 27, 1997
notification to PMI,lnc. (Defcndant's property manager) from the Plaintiff's Allomey
Johnna J. Deily oflhe firm of Said is, Guido, Shuff & Masland. These conditions
were acknowledged by Defendant in a leller from its counsel dated March 31, 1998.
4. In this March 31, 1999 lcller from David Breschi, Esq. 10 Karl Ledebohm, Esq.,
Defendant demanded release of all escrowed assessmcnts in compliance with the
escrow conditions set forth.
5. The first legal fee charged to Plaintiff as outlined on Exhibit 2 in A-2 of your Answer
10 Plaintiff's First Request for Production of Documents was applied 04/01/98, two
days following Defendant's Compliance with the above-referenced Court Order and
one day following Defendant's demand for release of all escrowed assessments.
6. In accordance with Ihe Fair Debt Collection Act (Federal), once a formal, wrillen
dispute is filcd, no further collections activities may be conducted by a third party
collector until the dispute is resolved.
7. Defendant granted an extension of the original deadline for release of escrowed
monies from April 7'h to April 13, 1998.
8. Plaintiff's escrowed monies were voluntarily released to Defendant April 13, 1998 by
Plaintiff's allomey.
9. Defendant filed suit against Plaintiff on April 28, 1998 for alleged delinquent fees,
interest and legal fees.
10. Two days prior to Plaintifl's real estate closing whcn she learned that there was a lien
against her property, Plaintiff called Defendant's allomey to plead for completion of
. .
pending litigation for which she would toke responsibility for its ultimate outcome.
Defendant's counsel told her she had no choice bulto pay the money at sell1ement,
but then she could file a District Justice Complaint and recover her money. Plaintiff
followed that advice and judgment was entercd against Defendant.
1 I. The Selllement and Release Agreement which Plalntiffwas demanded 10 sign
contained a statement, namely, "Plaintiff did not voluntarily release her escrowed
monies".
12. As an aggrieved unit owner, Plainliffhad a legal right to escrow her monlhly
condominium fees for Defendant's non-compliance of the governing documents of
Westwood Vii/age Condominium (See Unit Property Act of 1963, Section 305.)
B. COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM DELINQUENT
CONDO FEE COLLECTION PROCEDURE (Exhibit a. ofDefendant's Answer 10
Plaintiffs Request for Production of Documents):
I. Exhibit 3 of the subject Answer is Defendant's collection policy which was
developed by Defendant's former counsel and duly adopted by resolution by
Defendant.
2. As stipulated in Item 4 ofits Collection Policy, Dcfendant did not report the alleged
delinquency to the Credit Bureau.
3. As stipulated in Item 6, Defendant did not secure a District Justice Action to
enforce a lien against Plaintiff.
4. As stipulated in Item 6, Plaintiffs account was not six (6) months delinquent on
April 28, 1998.
5. Plaintiffs mortgage holder was notified by Defendant of her alleged delinquent fees.
6. Plaintiffs mortgage holder upheld the escrow action in compliance with the Federal
Fair Debt Collection Act.
7. The Lis Pendens dated May 29, 1998 filed by Defendant against Plaintiff did not
reference the Unit Properly Act of 1963.
C. SPECIAL ASSESSMENT:
I. The Declaration of Westwood Vii/age Condominium stipulates in subsection 16,
"Assessments and their Enforcement.!' ...upon the VOLUNTARY SALE ...ofa unit,
the grantee shall be jointly and severally liable with the grantor for all unpaid
"
Assessments which are a charge against the Unit AS OF THE DATE OF THE
SALE. "
2. Plaint ill's unit was sold on September 29, 1998 and Defendant demanded aM
collected the special assessmenl for a period of time Plaintiff did not own unit.
3. Defcndant refused to produce the original resolutions duly-adopted by Council for all
sums assessed against any unit for the share of common cxpenses chargeable 10 lhat
unit.
D. RESALE CERTIFICATE:
I. In accordance with the Unit Property Act of 1963, Section 706, "Unpaid
Assessments at Time of Voluntary Sale ofa Unit" ...any person who shall have
entered into a wrillen agreement to purchase a unit shall be entitled to obtain a
wrlllen statement from the treasurer selling forth Ihe amount of unpaid assessments
charged against the unit and its owners, ..."
2. The Code of Regulations does not address this subject.
3. The Declaration governing Westwood Village Condominium does address this
subject in subsection 16.E.,. ..that any person who shall have entered Into a wrillen
agreement to purchase a unit shall be entitled to obtain a wrillen statement from the
Treasurer oflhe Council selling forth the amount of unpaid assessments charged
ogalnstthe Unit and the Unit Owner, and such statement shall be furnished within
10 days after wrillen request therefor.
4. The Act of 1963 also stipulates in Section 203 Invalidity of Contrary Agreements. __
Any agreement contrary to Ihe provisions of this act shall be void and of no effect.
5. The Resale Certificate In question was issued to the Plaintill's realtor.
6. The issuance of a Resale Certificate and the assessment of a charge for it are
in violation oflhe governing documents of Westwood Village Condominium.
7. No Resale Certificates were issued by Defendant prior to 1998.
COMMONWeALTH OF PENNSYLVANIA
CIVIL COMPLAINT
MegIll"... Dtol,lct !bnbot
OJ Nome: lion.
Adm...:
09 - 1
- 02
PlA'Nl1rr,
~
LAdd'o"
C"u"cl t of Weytlloot! Villas.
C/o Property IIa"nge,.ent, Inc.
P,O, AOK 622
'.""O)'''l', PA 17043
Robert Manlnve
t901 Stato Stroet "
Callp Hill, PA 17011 .
ToIotlhona No. 17171 761-0583
COMrc.AINr N\lI.l8en: CV
DAlE FIlED:
DEfENOANI(SI:
ViI.
FlUNG COSIS .
SEI1VICE COSTS .
JCP, $
~jo
......
D.l Nlmo "..rbnra Stoddnrt
D^IE PAlll' M:tfOU
:I,.'#-.q :!34 Brinn Driv~
F.IIQll1. PA 1701.5
D.2 Nlmo
Addl8SS
J
TOTAL $
:,1, .: TO THE bl:F:ENDANT!~~:'fhO j~d;.~ftihl~d pllfnllll(ol ukl ludomlnl loolnol you ;<>/. 14]2.00 logolho, ..lIh COlli lip";
: ..'; "'"" . "'; lhe lollowlllil iilllm IClvll Fin.. muollncludo clllllon oIlho 1I0luto 0' ordlnanco vlolllod): . . .
la aCdordaa6.~1~b .thj,tiod. of'kigulationa of Westwood Villsge Condominiums, Article VXX,
Bect~,?n~ 1~1 Jp...11, ,add the.be.l!lliral:.ion of Covenants aad Res~d.cUon81 Article V. Sec~idd Ii
AtHele::VXI~Ii~~Hild..~.l;,~lIli.diI2rb"~lIdan~ 'oves' the foilow.f.ns to ~he _Aaiiii:iliHtllii ' . ." .
HoDt~17"_~Sbl!!!Ismea~a,.~~~~1iI. I.~~!fii.~'~f $64.00 for August, Septellber, OctOber, Novembsr;. .
Dee~mber.,)!I~~1 Ja~llar1)!l98, !I~~~l.~l assessmentli in the amount of $33.00 for August, .Septe..bor,
OctOber,. HOV'41..berl bece..bei' 1991, "January 1998, late charges ill ~he OMOWlt of $10.00 for
Adgust, Sep~e..berl Oc~6b4rl NoV~m~er,'D.c.mber' i997, lesol charses in the a..oWlt of $800.00.
. J.: ;1,.; ;':':':(.,;';~~0~.~l9i1.i~'ogeMent, Inc .j' DB agents for: ': .'
., '.'f, !.'Cnllncil:tit \(PRtvnnd Villar'; vorllylhallhel.ct..otlorlh
...... ..Irt I"," co/ric>lalnl... huii ihd.comlCt 10 lhe.besl 01 my kno",ledoe, Inlormallon. Ind belief. This .Ialomenlls made IIIJbJect 10 the penaIU.. 01
. :*~Iort 4~. oIlhe Crfn1<li.~ U9 Po. ~.~~; S 4004) relaled 10 un.worn r~lslllcal1on 10 aUI~I~~~
.' .: /i!.:::"': :, .;.....):.. . ' .: t'{}j"dJiL.:... . '.
. . . ""!!. , " "..:." (Signature 01 'nllr or Aulhorfled Agent,
. .~. I .
'.:'" ....1:'. Robert E. Maxw.ll, .Jr. Mariager \".
AalnUlf'1!I ~\. . ~ ,.... d~'- ; '}:''''
AUomey. . ;. . .. 1,:-.__ .' ",.!'"
Jlddrns.s: '~"""r.-~ ' . ,:.0.
. .ItEA~ii~ IS SCIlEOUUoO BYii(sffllcr jij~CE AS Foil~:
. i .:.'..\~':.J..~ ';', :':'~.:~J:;.:
,-,d
"
Telep/-one;
,. '."':i:.;c.;11oIi ..- ,-_.
," :,',:. .:. ~.......
I';'
, ......
. ..'?t,~';;'-",,,.,,,,,, "~,?:'i::
. ..~" '.. ". -. . -...., .
0.19
tTrrie
IF YOUINt~ND To"eN1i:h A r;~~ENSE TO THIs COMPLAINT, NOTIFY Ti-1IS OFFICE IMMeDIAtelY
. AT THE A130VE tELEfiHoNIi NUMaER. YOU MUST AIiPEAR AT TI-IE HEARING AND PRESENT YOUR
bEFENSE. UNLESS VoU Ii6j JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
iF ybU HAVE A cLAIM .galnsl the ~i.lnilil ..hich I. ",lIhin dl.lrlct Justic. Jurl.dicllon and \l;hlch you Inlerd 10 a..e,' .1 lhe
heatlrig, Yi>u rilu.lllfe It <in d coriiplaln! form al ihl. ollic. allaa.1 rIVe (5) days belor. the dala oellor lhe h.arlng. II yoU hevo
· claim against the piSli1l11f which f. nol.V,lIhln dlslrlct JusUca Jurlsdicllon. you may requesllnformallon f",m Ihl. olllc. a. to lhe
llrocadura. you may follow,
Aope 309.90
DEFENDANT'S (0-1) COpy
.,
... to-
. .
. "
EXHIBIT 2
Shumaker Williams,p'c.
ATTORNEYS AT LAW
Ootober 29, 1998
Billed through 10/29/98
Bill nulllber
C015-98629-011 ORB
Counoil ot W..twood Village Condominium
c/o William Hioks, President
828 Lee Lane
Enola, PA 17025-1520
Co~noil ot We.twood Village Condominium v. Barbara Stoddart-
Morgan - Dispute over Condominium Assessment Fees
629-98
....~_..
FOR PROFESSIONAL SERVICES RENDERED
04/01/98 ORB Conf. with paralegal reo calculations of amounts
owed; review account summary prepared by
paralegal .50 hrs
04/10/98 NJR Preparation of schedule; conference with David R.
Breschi .30 hrs
04/14/98 ORB prefare, revise, review complaint to be filed
aga nst defendant 1. 00 hr.
04/16/98 ORB Review check received from Morgan; prepare/review
letter to Morgan .30 hr.
04/20/98 ORB Review payment history; prepare complaint 1.00 hrs
04/21/98 NJR Preparation of Complaint .40 hra
04/26/98 ORB Final review of Complaint; letter to
prothonotary; Prepare Interrogatories; Prepare
Notice of Deposition 1.00 hr.
04/28/9B ORB Appear at Cumberland cty ProthonotarY/Sheriff re:
filing/service of Complaint .20 hrs
OS/26/98 ORB Review/execute Default Notice .20 hrs
OS/28/98 NJR Preparation of Default Notice; Preparation of Lis
Pendens .20 bra
OS/29/98 ORB Review/execute Praecipe for.Lis Pendens .20 hrs
06/01/98 ORB Travel to Cumberland County ct and file lis
pendens .20 hh
06/10/98 ORB Prepare for Deposition; Take Morgan Deposition 2.40 hi-s.
06/11/98 ORB Phone with Cumberland County Prothonotary re:
status of Answer
Shumaker Willimns,p'c,
ATTORNEYS AT LAW
Council ot W..twood Village Condominium
B111 number C015-98629-011 ORB
06/11/98 ORB
06/15/98 ORB
06/16/98 ORB
07/06/98 ORB
07/14/98 ORB
07/21/98 ORB
09/22/98 ORB
Prepare First Request tor Production of
Documents; Research Summary JUdgment issues
Prepare letter to prothonotary re: obtaining copy
ot Answer
Review Answer and Amended Answer filed by Morgan;
prepare Motion to strike Answer
Review RUle issued by J. Hess; letter to B.Morgan
Phone with B. Hicks re: case status and case
strategies
Review B. Morgan's response to RUle
Review correspondence from B. Morgan; letter to
Council re: Morgan correspondence
Total Fees for this Matter
DISBURSEMENTS
Prothonotary, Cumberland County - Filing
Complaint
Reproduction - automated
CUmberland County Sheriff - Service Fees
Reproduction
Prothonotary, Cumberland County - Filing Lis
Pendens
Reproduction
Reproduction - automated
Long Distance Telephone Charge
Reproduction
Central Pennsylvania Court Reporting - Deposition
of Barbara Ann Morgan
Reproduction
Reproduction - automated
Reproduction - automated
Tele-copier
Reproduction - automated
PAGB 2
.80 hra
.20 hra
1.00 hra
'.40 hra
.30 hra
,30 bra
.50 hrs
$ 1,466,90
45.50
19,20
34.00
1.60
9,00
.40
3.40
1:34
.80
167.85
2.40
.40
1.80
4.00
9.40
Shumaker Williams,p'c.
ATTORNEYS AT LAW
PAGE 3
Counoil ot Westwood Village Condominium
BiLl number C015-98629-011 ORB
Tele-oopier
Reproduotion - automated
Reproduotion - automated
8.00
2.60
2.40
Total disbursements for this matter
BILLING SUMMARY
David R. Bresch!
Nanoy J. Runk
TOTAL FEES
TOTAL DISBURSEMENTS
TOTAL CHARGES FOR THIS BILL
----------
$ 314.09
10.70 hra
.90 hrs
11.60 hra $ 1,466.90
$ 314 .09
----------
LESS PREPAID AMOUNT
TOTAL BALANCE NOW DUE
$ 1,780.99
$ 1,780.99
----------
$
.00
PLEASE REMIT TO:
EIN:
TERMS:
P.O~' BOX 88, HARRISBURG, PA 17108
23-2013661
NET 30
FOR RESIDENT INFORMATION. AC1lJAI. COPIES AA.E AVAIl..
ABLE, PLEASE KEEP WIlli YOUR BY.LAWS AND CONDO
OOCUMEI'lTS AS THIS IS TIm FORMAl. PROCEDURE IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17/96.
COUNCIL OF' WESTWOOD VILlACE
DELINQUENT CONDO FEy. COLLECTION PROCEDURE
The following Illfomlat/on renccts Ihe procedurcs for dellquenl eooda fee
collection at WestlVood Vilbge. This procedure assumes Ihat no payments
arc made. and Ihal Ihe account Is tnlcen comp/elely Ihrough the collcctlon
procedure. Tills procedure can lermlnale al any lime with full parmeril of
the oUllbnding balance of Ihe accounlto Ihal point.
I.) Monthly assess men IS are due of the IiISI (I) of c:lch monlh folthai
monlh.
2.) U paymentls not received in our office by Ihe morning mal/ on the
lineenlh (15). a friendJyreminder leller is senllo the unil O\\l1er.
3.) Upaymenlls slill not received in our office by Ihe morning mall on the
Ih/rliclh (3D) orlhe monlh. $ 10 Is automalically added to the accou~1 \\ith-
out a Iellerto the unil o\\'ner.
.l,) If payment is still nOlrecei\'ed In our office by lhe momlng mail on the
filleenlh (15) orlhe ne;oct month. a Iinal45 my leller Is mailed by eeni.6ed
nlaillo Ihe unit O\\l1er. This leller is lirm, and .chise if p:I~'l11enlls Dot
received II'llhin nlleen (15) cbys orlhe mle of the lener.lhe .ccounl will be
IrC:Jlcd as deli.nlly deliquenl :lnd scheduled 10 be assessed addition.1 col-
leclion cosls in anliclp'llon of aclion 10 enforce lhe lien by judiciaJ'mc:uu.
II will also be reponed 10 Ihe Credh Bwcou and Ihe inongagee notllied of
Ihe .It:Jchlng or a prioriry lien.
5.) Ifp:lyment is nol ~ct:c1ved lVithin lineen (15) mys. Credit Bwc:lu is
infonned (I.e. 60 mys deliquent) lhalthe costs of m.iling :md collectioo
lime Ole assessed .nd n leller senl 10 mongagee informing Ihem of the
dellnquen~' .nd the atl:lchment of the priori~'lien of Ihe assessment.
Lellers as abo"e should continue for si:c (G) months.
; 6.) If an account becomes si:c (6) months deliquent. .ssess S750 counsel
1 fee and tille search char~e of at leas I $50 for a presenl O\\l1er search and liIe
a Districl Justice Action 10 enforce the lien including Inleresi, allomcv's
fees. COSIS and e.~penses. .
7.) Secure District Juslice Judgmenl and re<:ord transcripl of Judgment
Ihrough counsel ancr the appeal period e:cpircs (30 mys :LIler Judgment).
8.) Once Ihe mallcr is in the h.nds of counsel. as decision "ill be made
whelher 10 C.~ccute on the Judgment against the unit. the personal prope~'
of Ihe bll'ners. Iheir bank accounts or other assets or olher similar action.
At this lime. mongagee \\'ill be in/'ormed oflhcomounl oflhe si=< (6) monlh
priorlly lien 3nd lhis wllllikcly conslltute 3 def3ull under the mongllgc.
9.) The inlcnl is to work dlligcnll~' 10 prevenl Ihe unp.id liens from e:c-
cceding Ihe si:c (G) month priority giren 10 condominium liens \'is a lis the
first OIortgnge.
.
BARBARA A. MORGAN
......lIff
VI.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM
99.1317
CIVIL TERM
Der..d.al
CERTIF1CA TE OF SERVICE
I, Barbara A. Morgan, Plaintiff, hereby certify that I served a true and correct copy of the
Plaintifl's Request for Admissions - First Set on this date by placing a copy of the
Request for Admissions In the United States Mail, postage prepaid, addressed to:
David R. Breschi, Esquire
P. O. Box 88
Harrisburg, PA 17108
and
Council of Westwood Village
%PMI, Inc.
1300 Market Sl., P.O. Box 622
Lemoyne PA 17043
Respectfully submitted,
Date: 1-t -7 f
// /. ('o! !
c:-.... ),,_\ .. t (l._- (. "II de d'L--
, Barbara A. Morgan G
Plaintiff, pro se
141 S. Enola Drive
Enola PA 17025
717-732-7952(H)
717-255-6514(VV)
EXHIBIT 5
.'
'lI"n U. SIl\a
IInl,.,. C. S.ldll
I!d".rd I!. Ouldo
(:C'II"'e~ S. fthu"
^Ihcllll. M.dAlICl
J"'lnllll. Dell,
1l1.Io.rd r. Mlalll.ky
S.nll O. Moo,e
.. "..Id J. rreed
~.
'Law orn...
SAlOIS, GUIl>O, SnUFF & MASLAND
A raormlStON"1. CO...o...."n,.
26 Welllflalo S"..I . rOil om.. Do. 560
Clrll.lo, 1'0""""'0,,10 1701l
T.lephone: (717) 24).G222' "..,10,,"., (717) H3.64ftG
.
IV... SIo..o ornCII
2109 M..kcll~..1
C:""p'IIII.M IlUll
TcI.r'_: t7l!) U"'.Oj
"'..Imlle: (7I117J7.3401
,.
nopl,1b C:lrlblt
August 27, 1997
Property Management, Inc.
P.O. Box 622
Lemoyne, PA 17043-0622
Attn: James Stephens
Re: Westwood Village Condominium Assessments
Dear Mr. Stephens:
Please be advised that this office represents The Board of
W~stwood Village, as well as some individual unit owners, who
were involved in two suits against the Council of Westwood
Village.
The purpose of thLs letter is to advise that all future
assessments from individual unit owners will be held in an escrow
accOUnt by my office, until the earlier of two occurrences:
1. A Court Order resolving the lawsuit between
the individual unit owners and the Council of Westwood
Village Condominiums, which an equity action is to be
heard December 5, 1997; or '
2. Until the COllncil agrees to call a Special
Meeting of Homeowners for the specific purpose of voting
upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve
until regular elections may be held.
Because of the underlying problems in the Condominium
itself, and a question as to how the assessments are being used,
the escrow and escrow account seem to be, the only fair and
reasonable way to go. The individual unit owners wish to express
that they are not withholding their assessments, and I can make
available the account information in the escrow account at any
time Upon your request.
7\7-20).&066 5:11015 CUICQ S>~."
171 paZ'9Z QUa 27 '17
Property Hanagelllent, lnc,
J.mee Stephene
^ugust n. 1997
pag. Two
.
~
I epecific.lly put you on notlc. that th.ae ......m.nt. ar.
being collected, and the money ia being reaerved. so that no
intereat or late charges are to be .ssess.d .gainst the unit
o'-'ners. and no liens may be placed against .the homeowners'
property during the period that the asoessments are hald in
eecro'J.
Hopefully. this matter will be resolved in chort order. It
i. to eve!:'yone's benefit that thie "'atter be resolved quickly,
which time :he fund. can also be released to the Property
Management Company.
If you have anI' Cj\Jestions regarding thio. or need. any
additional information. olea.. do not hesitate to contact me. In
the event ehae you are represented by counsel of your own, plea..
have him or he!:' contacc me to di.cuss this os well.
'.
Thank you for your Cooperation and patience in this macter.
Very truly yours,
JJO/rlm
cc: Carol Novasat
Sherr i ;,,J':ens
Kent Pacterson, Esquire
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EXHIBIT 6
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EXHIBIT 7
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March 31, 1998
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Kacl M. Ledebobm, Esquire
SAlOIS, SHUFF &: MASLAND
2109 Macket Street
P.O. BOll: 737
Camp Hill, PA 17011
VIA TELECOPIER
Re: Our File No. 321-98
Deac Mr. Ledebohm:
. We have been informed that the special meeting, motion and vote called for by Judge
Oler's Order bas been beld. ,,}Ve have been informed tbat tbe motion to remove Mr. Hicks as
Vice President bas failed.
AD. August 17, 1997 correspoo,dence from Ms. Dcily from your office provided that a11
escrowed assessments held. by your office were 10 be released by your office if one of the
following two events occurred:
1. A Court Order resolving the lawsuit between tbe individual unit owners :and tlte
Council of Westwood Village Condominiums, whicb :an equity action is to be
beacd December 5) 1997; or
2. Until the Council agrees to cau a Special Meeting of Homeowners for tbe specific
purpose of voting upon a resolution to remove certain council members and to
appoint interim replacement members of council to serve until regular elections
may be held. (A copy of this correspondence is enclosed.)
Both of these events have occurred. We ace requesting that your office release all escrowed
assessment money so at accounts may be made current. We are providing you three days
to comply with this request. Should your orlice not comply with this request by 12:00 p.m.
. Friday, April 3, 1998, we have been instructed by Council to proceed in the most aggressive
mlJlner possible to recover the escrowed assessments. This will include our' seeklng the
assessments, interest therefrom, all court costs wd our attorney fees from each escrowing unit
owner per Ibc Condominium Code of Regulatiom. We have enclosed the relev:lJlt portions
authorizing the recovery of these d:unages from the unit owners (Article vn, S I. I.).
EXHIBIT 8
.
Shumaker Williams, RC.
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Karl M. Ledebohm, Esquire
SAlOIS. SHUFP &: MASLAND
2109 Market Street
P.O. Box 737
Camp Hill, FA 17011
April 2, t998
. ,
Hand DelldereJ
Re: Delinquent Escrow Accounts
Our File No. 321-98
Dear Karl:
. This letter Collows up our April 1, 1998 phone conversations. On that date, you pboned Ii!
seeking an extension oC the deadline to have all assessments previously escrowed by yoUI' officI!
submitted to PMI. ACter conCerring with our client, we have agreed to extend our deadline. & iN!!.
stated to you over the phone, we are requesting that by the end oC business on April 7, 1998, yoU
provide us a list oC all those escrowers who will be bringing all their accounts current on or befol'e April
......!J, 1998. All those escrowers who are not included in your April 7, 1997 list will have actions take.ti
agamstthem immediately. Moreover, all those escrowers who do not pay in Cull on or beCore lhe close
oC business on April 13, 1998, will have actions taken against them.
Enclosed with this letter are account summaries which provide the total amounts due by ail
escrowers. The amounts due are not negotiable. Please direct all payments by your office and/or yoUI'
clients to PMI. PMI has copies of these account summaries Cor each individual escrower. PMI has beeil
instructed to not mark any account current unless the full amounts are paid.
Should you have any problems or questions regarding this matter, please do not hesilate to
contact us.
DRB/nir:82904
Enclosures
cc: Grace Lovell, President
Council oC Westwood Village Condominium
.-.-.
TIlF. f1ENNSYlV"N'ACEflTEn 3425 SIMPSON FEnny 1\01.0 CAMP "!lL. f'EPlNSYLVAtllA 11011
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EXHIBIT 9
:
,
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David R. Breschl, Esquire
Shumaker Williams, P.C.
April 13, 1998
Page 2
H. Dixon Hemma
Elizabeth Keefauver
Gloria M. Keller
Nancy L. Kyle
Ronald and Anne Nisson
Carol Novasat
Susan M. Reynolds
Gwendolyn Schoen
L
Barbara A. Vagnerini
George and Patricia
Vandrew
H. Gerald Vogel
Anthony C. Wolfe, Jr.
TOTAL:
:
793 Lee Lane, Enola, PA 2 172.00
121 Brian Lane, Enola, PA 7 602.00
843 Melissa Ct., Enola, PA 8 800.00
847 Melissa Ct.. Enola. PA 6 516.00
846 Brian Drive, Eno1a, PA 7 602.00
234 Brian Drive. Enola, PA 4 388.00
849 Louise CI., Enola, PA 7 763.00
220 Brian Drive, Enola, PA 7 679.00
847 Louise Court, Enola, PA 7 602.00
851 Brian Drive, Enola. PA 7 679.00
112 Brian Drive, Enola, PA 7 728.00
810-103 Charlotte Way, 6 600.00
Enola, PA
823 Lee Lane, Enola, PA 8 872.00
810-203 Charlotte Way 6 600.00
843 Melissa Court, #304 7 700.00
$10,651.00
Please be advised that the above Unit Owners represent those Unit Owners from whlch
I have received written authorization to release the amounts held on their behalf in our fl1"l1l's
escrow account. I expected to receive written authorization from the balance of the Unit Owners
set forth in my letter dated April 7, 1998 in the near future. A copy of my letter dated April
7, 1998 is again enclosed for your reference.
Many Unit Owners were out of town on vacation for the Easter weekend and therefore
unavailable for purposes of obtaining their written release of monies held in escrow on their
behalf. Every effort is being made to obtain the necessary signature.s in a timely manner. It Is
hoped that Council will recognize the difficulties involved in obtaining all the necessary
signatures and refrain from filing a collection action against the balance of the unit owners set
forth in my letter of April 7, 1998.
',-
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EXHIBIT 10
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UNIT PROPERTY ACT - (CONDOMINIUMS)
Act of 1963, P.L. 196, No. 117
This document was printed from a computer file
maintained by the Legislative Reference Bureau. Any
discrepancies between the official published version
and this document will be resolved in favor of the
published version.
UNIT PROPERTY ACT - (CONDOMINIUMS)
Act of 1963, P.L. 196, No. 117
--
AN ACT
Relating to the ownership of real property, the division thereof
into units, the submission of real property to the provisions
of this act and the withdrawal of such property from the
provisions of this actl providing for the improvement,
management, operation, assessment and taxation of such
propertYl establishing certain procedures in connection
therewithl providing for the conveyancing, leasing and
mortgaging thereofl establishing a procedure for the
assessment and collection of certain expenses with respect
thereto; setting forth certain lien rights with respect
thereto; providing procedures for the exercise of eminent
domain In certain cases; and providing for the recording of
certain information.
Compiler's Note: The act of July 2, 1980, P.L.286, No.82
- / repealed this act except as to condominiums created prior
I to the effective date of the repealing act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
ARTICLE I.
PRELIMINARY PROVISIONS
Section 101. Short Title.--This act shall be known and may
be cited as the "Unit Property Act."
Section 102. Definitions.--The following words or phrases as
used in this act shall have the meanings ascribed to them in
this section, unless the context of this act clearly indicates
otherwise:
(1) "Building" means any multi-unit building or buildings or
complex thereof, whether in vertical or horizontal arrangement,
as well as other improvements comprising a part of the property
and used, or intended for use, for residential, commercial or
industrial purposes or for any other lawful purpose or for any
combination of such uses.
(2) "Code of regulations" means such governing regulations
as are adopted pursuant to this act for the regulation and
management of the property, including such amendments thereof as
may be adopted from time to time.
(3) "Common elements" means and includes:
(i) The land on which the building is located and portions
of the building which are not included in a unitl
(ii) The foundations, structural parts, supports, main
walls, roofs, basements, halls, corridors, lobbies, stairways
and entrances and exits of the building;
(iii) The yards, parking areas and drivewaysl
(iv) Portions of the land and building used exclusively for
the management, operation or maintenance of the common elementsl
(v) Installations of all central services and utilitiesl
(vi) All apparatus and installations existing for common
use;
(vii) All other elements of the building necessary or
convenient to its existence, management, operation, maintenance
and safety or normally in common use; and
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3/18/97
"
(viii) Such facilities as are designated in the declaration
as common elements.
(4) "ColMlon expenses" means and includes:
(i) Expenses of administration, maintenance, repair and
replacement of the COlMlon elements;
(ii) Expenses agreed Upon as COlMlon by all the unit owners;
and
(iii) Expenses declared COlMlon by provisions of this act, or
by the declaration or the code of regulations.
(5) "Council" means a board of natural individuals of the
number stated in the code of regulations who are residents of
this COlMlonwealth, who need not be unit owners and who shall
manage the business, operation and affairs of the property on
behalf of the unit owners and in compliance with and subject to
the provisions of this act.
(6) "Declaration" means the instrument by which the owner of
property submits it to the'provisions of this act as hereinafter
provided, and all amendments thereof.
(7) "Declaration plan" means a survey of the property
prepared in accordance with section 402 of this act.
(8) "Majority" or "majority of the unit owners" means the
owners of more than fifty per cent in the aggregate in interest
of the undivided ownership of the COlMlon elements as specified
in the declaration.
(9) "Person" means a natUral individual, corporation,
partnership, association, trustee or other legal entity.
(10) "Property" means and includes the land, the bUilding,
all improvements thereon, all owned in fee simple, and all
easements, rights and appurtenances belonging thereto, which
have been or are intended to be submitted to the provisions of
this act.
(11) "Recorded" means that an instrument has been duly
entered of record in the office of the recorder of deeds or
department of records of the county in which the property is
situate.
(12) "Recorder" means the recorder of deeds or commissioner
of records of the county in which the property is situate.
(13) "Revocation" means an instrument signed by all of the
unit owners and by all holders of liens against the units by
which the property is removed from the provisions of this act.
(14) "Unit" means a part of the property designed or
intended for any type of independent use, which has a direct
exit to a public street or way, or to a common element or common
elements leading to a public street or way, or to an easement or
right-oE-way leading to a public street or way, and includes the
proportionate undivided interest in the COlMlon elements, which
is assigned thereto in the declaration or any amendments
thereof.
(15) "Unit designation" means the number, letter or
combination thereof designating a unit in the declaration plan.
(16) "Unit owner" means the person or persons owning a unit
in fee simple.
Section 103. Application of Act.--This act shall be
applicable only to real property, the sole owner or all the
owners oE which submit the same to the provisions hereof by a
duly recorded declaration.
ARTICLE II.
GENERAL PROVISIONS
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3/18/97
Section 201. Status of Units; Owner9hip Thereof.--Each unit,
together with its proportionate undivided interest in the common
elements, is for all ,purposes real property and the ownership of
each unit, together with its proportionate undivided interest in
the common elements, is for all purposes the ownership of real
property.
Section 202. Common Elements.--The percentage of undivided
interest in the common elements assigned to each unit shall be
set forth in the declaration and such percentage shall not be
altered except by recording an amended declaration duly executed
by all of the unit owners affected thereby. The undivided
interest in the common elements may not be separated from the
unit to which such interest pertains and shall be deemed to be
conveyed, leased or encumbered with the unit even though such
interest is not expressly referred to or described in the deed,
lease, mortgage or other instrument. The common elements shall
remain undivided and no owner may exempt himself from liability
with respect to the common expenses by waiver of the enjoyment
of the right to use any of the common elements or by the
abandonment of his unit or otherwise, and no action for
partition or division of any part of the common elements shall
be permitted, except as provided in section 802 of this act.
Each unit owner or lessee thereof may use the common elements in
accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of the other
unit owners. The maintenance and repair of the common elements
and the making of any additions or improvements thereto shall be
carried out only as provided in the code of regUlations.
Section 203. Invalidity of Contrary Agreements.--Any
agreement contrary to the provisions of this act shall be void
and of no effect.
ARTICLE III.
ADMINISTRATIVE PROVISIONS
Section 301. Code of Regulations,--The administration of
every property shall be governed by a code of regulations, a
true and correct copy of which, and all duly adopted amendments
of which, shall be duly recorded.
Section 302. Adoption, Amendment, etc. of Code of
Regulations.--The first members of council shall establish and
adopt the original code of regulations, Thereafter, no amendment
or change of the provisions of the code of regulations shall be
effective unless it is adopted at a meeting of the unit owners
by the affirmative vote of at least those unit owners who
represent a majority of the votes entitled to be cast at that
meeting.
Section 303. Contents of the Code of Regulations.--The code
of regulations shall provide for at least the following, and may
include other lawful provisions:
(1) Identification of the property by reference to the place
of record of the declaration and the declaration plan;
(2) The method of calling meetings of unit owners and
meetings of the council;
(3) The number of unit owners and the number of members of
council which shall constitute a quorum for the transaction.of
business;
(4) The number and qualification of members of council, the
duration of the term of such members and the method of filling
-3-
3/18/97
vacancies;
(5) The annual election by the council of a president,
secretary and treasurer and any other officers which the code of
regulations may specify;
(6) The duties of each Officer, the compensation and removal
of officers and the method of filling vacancies;
(7) Maintenance, repai~ and replacement of the common
elements and payment of the cost thereof;
(S) The manner of collecting common expenses from unit
owners; and
(9) The method of adopting and of amending rules governing
the details of the use and operation of the property and the use
of the common elements.
Section 304. Compliance with Code of Regulations,
Administrative Provisions, Covenants, etc.--Each unit owner
shall comply with the code of regulations and with such rules
governing the details of the ~se and operation of the property
and the use of the common elements as may be in effect from time
to time, and with the covenants, conditions and restrictions set
forth in the declaration or in the deed to his unit or in the
declaration plan.
Section 305. Noncompliance with Code of Regulations,
Administrative Provisions, Covenants, etc.--Failure to comply
with the code of regulations and with such rules governing the
details of the use and operation of the property and the use of
the common elements as may be in effect from time to time and
with the covenants, conditions and restrictions set forth in the
declaration or in deeds of units or in the declaration plan
shall be grounds for an action for the recovery of damages or
for injunctive relief, or both, maintainable by any member of
the council on behalf of'the councilor the unit owners or, in a
proper case, by an aggrieved unit owner or by any person who
holds a mortgage lien upon a unit and is aggrieved by any such
noncompliance.
Section 306. Duties of Council.--The duties of the council
shall include the following:
(1) The maintenance, repair and replacement of the common
elements;
(2) The assessment and collection of funds from unit owners
for common expenses and the payment of such common expenses;
(3) The promulgation, distribution and enforcement of rules
governing the details of the use and operation of the property
and the use of the common elements, subject to the right of a
majority of the unit owners to change any such rules; and
(4) Any other duties which may be set forth in the
declaration or code of regulations.
Section 307. Powers of Council.--Subject to the limitations
and restrictions contained in this act, the declaration and the
code of regulations, the council shall on behalf of the unit
owners:
(1) Have power to manage the business, operation and affairs
of the property and for such purposes to engage employes and
appoint agents and to define their duties and fix their
compensation, enter into contracts and other written instruments
or documents and to authorize the execution thereof by officers
elected by the council; and
(2) Have such incidental powers as may be appropriate to the
performance of their duties.
Section 308. Work on Common Elements.--The maintenance,
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3/18/97
...
.
repair and replacement of the common elements and the making of
improvements or additions thereto shall be carried on only as
provided in the code of regulations.
Section 309. Certain Work Prohibited.--tlo unit owner shall
do any work which would jeopardize the soundness or safety of
the property or impair any easement or hereditament without the
unanimous consent of the unit owners affected thereby.
Section 310. Easements for Work.--The council shall have an
easement to enter any unit to maintain, repair or replace the
common elements, as well as to make repairs to units if such
repairs are reasonably necessary for public safety or to prevent
damage to other units or to the common elements.
Section 311. Common Profits and Expenses.--The common
profits of the property shall be distributed among, and the
common expenses shall be charged to, the unit owners according
to the percentage of the undivided interest of each in the
common elements as set forth in the declaration and any
amendments thereto.
Section 312. Voting by Unit Owners.--At any meeting of unit
owners, each unit owner shall be entitled to the same number of
votes as the percentage of ownership in the common elements
assigned to his unit in the declaration and any amendments
thereto.
Section 313. Books of Receipts and Expenditures;
Availability for Examination.--The treasurer shall keep detailed
records of all receipts and expenditures, including expenditures
affecting the common elements, specifying and itemizing the
maintenance, repair and replacement expenses of the common
elements and any other expenses incurred. Such records shall be
available for examination by the unit owners during regular
business hours. In accordance with the actions of the council
assessing common expenses against the units and unit owners, he
shall keep an accurate record of such assessments and of the
payment thereof by each unit owner.
ARTICLE IV.
THE DECLARATION, RESERVATIONS OF CHARGES THEREUNDER,
CONVEYANCES, MORTGAGES AND LEASES
Section 401. Contents of Declaration.--The declaration shall
contain the following:
(1) A reference to this act and an expression of the
intention to submit the property to the provisions of this act;
(2) A description of the land and building;
(3) The name by which the property will be known;
(4) A statement that the property is to consist of units and
common elements as shown in a declaration plan;
(5) A description of the common elements and the
proportionate undivided interest, expressed as a percentage,
assigned to each unit therein, which percentages shall aggregate
one hundred per cent;
(6) A statement that the proportionate undivided interest in
the common elements may be altered by the recording of an
amendment duly executed by all unit owners affected thereby;
(7) A statement of the purposes or uses for which each unit
is intended and restrictions, if any, as to use;
(8) The names of the first members of council;
(9) Any further details in connection with the property
which the party or parties executing the declaration may deem
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3/18/97
appropriate.
Section 402. Declaration Plan.--The declaration plan shall
bear the verified atatement of a registered architect or
licensed professional engineer certifying that the declaration
plan fully and accurately (i) shows the property, the location
of the building thereon, the building and the layout of the
floors of the building, including the units and the common
elements and (ii) sets forth the name by which the property will
be known, and the unit designation for each unit therein.
Section 403. Contents of Deeds of Units.--Deeds of units
shall include the following:
(1) The name by which the property is identified in the
declaration plan and the name of the political subdivision and
the ward, if any, and the name of the county in which the
building is situate, together with a reference to the
declaration and the declaration plan, including reference to the
place where both instruments "and any amendments thereof are
recorded;
(2) The unit designation of the unit in the declaration plan
and any other data necessary for its proper identification;
(3) A reference to the last unit deed if the unit was
previously conveyed;
(4) The proportionate undivided interest, expressed as a
percentage, in the common elements which is assigned to the unit
in the declaration and any amendments thereof;
(5) In addition to the foregoing, the first deed conveying
each unit shall contain the following specific provision:
"The grantee, for and on behalf of the grantee and the
grantee's heirs, personal representatives, successors and
assigns, by the acceptance of this deed covenants and agrees to
pay such charges for the maintenance of, repairs to, replacement
of and expenses in connection with the common elements as may be
assessed from time to time by the council in accordance with the
Unit Property Act of Pennsylvania, and further covenants and
agrees that the unit conveyed by this deed shall be subject to a
charge for all amounts so assessed and that, except in so far as
sections 705 and 706 of said Unit Property Act may relieve a
subsequent unit owner of liability for prior unpaid assessments,
this covenant shall run with and bind the land or unit hereby
conveyed and all subsequent owners thereof"; and
(6) Any further details which the grantor and grantee may
deem appropriate and which are consistent with the declaration,
the code of regulations, the declaration plan and this act.
Section 404. Mortgages and Other Liens of Record Affecting
Property at Time of the First Conveyance of Each Unit.--At the
time of the first conveyance of each unit following the
recording of the original deClaration, every mortgage and other
lien of record affecting the entire building or property or a
greater portion thereof than the unit being conveyed shall be
paid and satisfied of record, or the unit being conveyed shall
be released therefrom by partial release duly recorded.
Section 405. Sales, Conveyances or Leases of or Liens upon
Separate Units.--Units may be sold, conveyed, mortgaged, leased
or otherwise dealt with in the same manner as like dealings are
conducted with respect to real property and interests therein.
Every written instrument dealing with a unit shall specifically
set forth the name by which the property is identified and the
unit designation identifying the unit involved.
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3/18/97
ARTICLE V.
RECORDING
Section 501. Instruments Recordable.--All instruments
relating to the property or any unit, including the instruments
provided for in this act, shall be entitled to be recorded,
provided that they are acknowledged or proved in the manner
provided by law.
Section 502. Recording a Prerequisite to Effectiveness of
Certain Instruments.--No declaration, declaration plan or code
of regulations, or any amendments thereto, shall be effective
until the same have been duly recorded.
Section 503. Place of Recording.--The recorder shall record
declarations, deeds of units, codes of regulations, and
revocations in the same records as are maintained for the
recording of deeds of real property. Mortgages relating to units
shall be recorded in the same records as are maintained by the
recorder for the recording of real estate mortgages. Declaration
plans, and any and all amendments thereto, shall be recorded in
the same records as are maintained for the recording of
subdivision plans.
Section 504. Indexing by Recording Officer.--The recorder
shall index each declaration against the maker thereof as the
grantor and the name by which the property is identified therein
as the grantee. The recorder shall index each declaration plan
and code of regulations and any revocation in the name by which
the property is identified therein in both the grantor index and
the grantee index. The recorder shall index each unit deed and
mortgage and lease covering a unit in the same manner as like
instruments are indexed.
Section 505. Recording Fees.--The recorder shall be entitled
to charge the same fees for recording instruments which are
recordable under this act as the recorder is entitled to charge
for like services with respect to the recording of instruments.
ARTICLE VI.
REMOVAL OF PROPERTY FROM THE PROVISIONS OF THIS ACT
Section 601. Removal.--Property may be removed from the
provisions of this act by a revocation expressing the intention
to so remove property previously made subject to the provisions
of this act. No such revocation shall be effective unless the
same is executed by all of the unit owners and by the holders of
all mortgages, judgments or other liens affecting the units and
is duly recorded.
Section 602. Effect of Removal.--When property subject to
the provisions of this act has been removed as provided in
section 601 of this act, the former unit owners shall, at the
time such removal becomes effective, become tenants in common of
the property. The undivided interest in the property owned in
common which shall appertain to each unit owner at the time of
removal shall be the percentage of undivided interest previously
owned by such person in the common elements.
Section 603. Resubmission.--The removal of
provisions of this act shall not preclude such
being resubmitted to the provisions of the act
herein provided.
property from
property from
in the manner
the
ARTICLE VII.
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3/18/97
ASSESSMENTS, TAXATION AND LIENS
Section 701. Assessments and Taxes.--Each unit and its
proportionate undivided interest in the common elements as
determined by the declaration and any amendments thereot shall
be assessed and taxed tor all purposes as a separate parcel ot
real estate entirely independent of the building or property of
which the unit is a part. Neither the building, the property nor
any of the common elements shall be assessed or taxed separately
after the declaration and declaration plan are recorded, nor
shall the same be subject to assessment or taxation, except as
the units and their proportionate undivided interests in the
common elements are aasessed and taxed pursuant to the
provisions of this section.
Section 702. Assessment of Charges.--All sums assesoed by
resolutions duly adopted by the council against any unit for the
share of common expenses chargeable to that unit shall
constitute the personal liability of the owner of the unit so
assessed and shall, until fully paid, together with interest
thereon at the rate of six per cent per annum from the thirtieth
day following the adoption of such reSOlutions, constitute a
charge against such unit which shall be enforceable as provided
in section 703 of this act.
Section 703. Method of Enforcing Charges.--Any charge
assessed against a unit may be enforced by suit by the council
acting on behalf of the unit owners in an action in assumpsit:
Provided, That each suit when filed shall refer to this act and
to the unit against which the assessment is made and the owner
thereof and shall be indexed by the prothonotary as lis pendens.
Any jUdgment against a unit and its owner shall be enforceable
in the same manner as is otherwise provided by law.
Section 704. Mechanics' Liens Against Units.--Any mechanics'
liens arising as a result of repairs to or improvements of a
unit by a unit owner shall be liens only against such unit. Any
mechanics' liens arising as a result of repairs to or
improvements of the common elements, if authorized in writing
pursuant to a duly adopted resolution of the council, shall be
paid by the council as a common expense and until so paid shall
be liens against each unit in a percentage equal to the
proportionate share of the common elements relating to such
unit.
Section 705. Unpaid Assessments at Time of Execution Sale
Against a Unit.--In the event that title to a unit is
transferred by sheriff's sale pursuant to execution upon any
lien against the unit, the council may give notice in writing to
the sheriff of any unpaid assessments for common expenses which
are a charge against the unit but have not been reduced to lien
pursuant to section 703 of this act, and the sheriff shall pay
the assessments of which he has such notice out of any proceeds
of the sale which remain in his hands for distribution after
payment of all other claims which he is required by law to pay,
but prior to any distribution of the balance to the former unit
owner against whom the execution issued. The purchaser at such
sheriff's sale and the unit involved shall not be liable for
unpaid assessments for common expenses which become due prior to
the sheriff's sale of the unit. Any such unpaid assessments
which cannot be promptly collected from the former unit owner
may be reassessed by the council as a common expense to be
collected from all of the unit owners, including the purchaser
-8-
3/18/97
who acquired title at the sheriff's Dale, his successors and
assi9ns. To protect its ri9ht to collect unpaid assessments
which are a charge against a unit, the council may on behalf of
the unit owners, purchase the unit at sheriff's sale provided
such action is authorized by the affirmative vote of a majority
of the members of council, and if it does so purchase, the
council shall thereafter have the power to sell, convey,
mortgage or lease such unit to any person whatsoever.
Section 706. Unpaid ^SSCGomcnts at Timc of Voluntary Sale of
a Unit.--Upon the voluntary sale or conveyance of a unit, the
grantee shall be jointly and severally liable with the grantor
for all unpaid assessments for common expenses which are a
charge against the unit as of the date of the sale or
conveyance, but such joint and several liability shall be
without prejudice to the grantee's right to recover from the
grantor the amount of any such unpaid assessments which the
grantee may pay, and until any such assessments are paid, they
shall continue to be a charge against the unit which may be
enforced in the manner set forth in section 703 of this act:
Provided, however, That any person who shall have entered into a
written agreement to purchase a unit shall be entitled to obtain
a written statement from the treasurer setting forth the amount
of unpaid assessments charged against the unit and its owners,
and if such statement does not reveal the full amount of the
unpaid assessments as of the date it is rendered, neither the
purchaser nor the unit shall be liable for the payment of an
amount in excess of the unpaid assessments shown thereon. Any
such excess which cannot be promptly collected from the former
unit owner may be reassessed by the council as a common expense
to be collected from all of the unit owners, including the
purchaser, his successors and assigns.
ARTICLE VIII.
MISCELLANEOUS
Section 801. Insurance.--The council shall, if required by
the declaration, the code of regulations or by a majority of the
unit owners, insure the building against loss or damage by fire
and such other hazards as shall be required or requested,
without prejudice to the right of each unit owner to insure his
own unit for his own benefit. The premiums for such insurance on
the building shall be deemed common expenses.
Section 802. Repair or Reconstruction.--Except as
hereinafter provided, damage to or destruction of the building
or of one or more of several buildings which comprise the
property shall be promptly repaired and restored by the council
using the proceeds of insurance held by the council, if any, for
that purpose, and the unit owners directly affected thereby
shall be liable for assessment for any deficiency in proportion
to their respective undivided ownership of the common elements:
Provided, however, That if there is substantially total
destruction of the building or of one or more of several
buildings which comprise the property, or if seventy-five per
cent of the unit owners directly affected thereby duly resolve
not to proceed with repair or restoration, then, and in that
event, the salvage value of the property or' of the substantially
destroyed building or buildings shall be subject to partition at
the suit of any unit owner directly affected thereby, in which
event the net proceeds of sale, together with the net proceeds
-9-
3/18/97
, .
of insurance policies held by the council, ir any, shall be
considered as one fund and shall be divided among all the unit
owners directly affected thereby in proportion to their
respectiVe undivided ownership of the common elements, after
disCharging, out of the respective shares of unit owners
directly affected thereby, to the extent sufficient for the
purpose, all liens against the units of such unit owners.
Section 803. Eminent Domain.--Whenever all or part of the
common elements shall be taken, injured or destroyed by eminent
domain, each unit owner nhall be entitled to notice thereof and
to participate in the proceedings incident thereto, but in any
proceeding for the determination of damages, such damagea shall
be determined for such taking, injury or destruction as a whole
and not for each unit owner's interest therein. After such
determination each unit owner shall be entitled to a share in
the damages in the same proportion as his individual interest in
the common elements.
Section 804. SeverabilitY.-_If any provision of this act, or
any section, sentence, clause, phrase or word, or the
application thereof in any circumstance is held invalid, the
validity of the remainder of the act and of the application of
any such prOVision, section, sentence, clause. phrase or word in
any other circumstances, shall not be affected thereby.
Section 805. Effective Date.--This act shall take effect
immediately.
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3/18/97
EXHiBIT 11
'0', .0
EXHIBIT 12
fOR RESIDENT INfORMATION. ACTlJAL COPIES ARE AVAIl..
ABLE, PLEASE KEEP WlTI! YOUR BY.LAWS AND CONDO
DOCUMENTS AS nus IS 1llE fORMAL PROCEDURE IN PLACE
AS UNANIMOUSLY APPROVED BY COUNCIL ON 6/17/96.
COUNCIL or WESTWOOD V1LlJICE
DELINQUENT CONDO FEF. COLLECTION PROCEDURE
The rollowing h1l'0mlAtion renecls Ihe procedures ror dellquent coodo ree
colleclion Dt Westwood ViIlDge. Tills proccdure Dssumes thDt no p:IymenLS
Dre mDde. Dnd th~tlhe Dccount is Inken complclcly through the collection
procedure. This procedure CDn tcnninDle Al ~ny lime with rull p:I~menl or
the outSl:lnding b~l~nce or the ~ceountto Ih~t poinl.
I.) Monthly ~ssessmcnts Dre due or the nrst (I) or c:Jch month ror lhai
monlh.
2.) It pDyment is not received in our oUice by Ihe morning m:til on the
nneenlh (I SJ. D rriendly reminder letter is sent 10 the unit o""er.
J.J It pDymenl is slill not received in our ornce by Ihe nlomlng mDiI on the
thlrllelh (JDJ or the monlh. SID Is ~\lIOm~licDlly Ddded to the Accounl "ith-
out D Icller to the unit owner. .
~.) Ir pAymenl is slill not received In our ornce by Ihe morning mAil on the
nfleenlh (15J orlhe ne~t month. A nnDI45 <by letter is mDiled by cerlUicd
mDilto the unit O\\l1er. This letter is nnn, Dnd Dchise if p:I~",enl is 001
receivcd whllln nfleen (IS) d::Iys orlhe <ble orthe letter. the Accounl will be
trc:Jtcd DS dcnDnlly deliquenl Dnd scheduled 10 be Dssessed DdditionDI col.
lection costs in Anlicip:llion or Dclion to enforce the lien by judicial'mc.:ms.
It will Dlso be reporled 10 Ihe Credll BweDu Dnd the mOrlg:lgee nOlified or
the DIl:Jchlng or D priority lien.
S.J Ir p:lymenl is notlcceived wilhin nOeen (IS) d:1ys. Credit Bwc:Ju is
infonned (I.e. 60 <bys deliquenlJ IhDt the costs or mDiling :>.nd colleelioD
lime Dre Dssessed Dnd D letter senl 10 mOrlg:Jgee infDnning them or Ihe
delinquency Dnd Ihe Dll:Jchment or the priori~' lien or the Dssessmenl.
Letters DS Dbave should conlinue ror si~ (6) months.
; 6.) Ir Dn Dccounl becomes sl~ (6) monlhs deliquent. Dssess S7S0 counsel
1 ree Dnd thlc seDrch chDr~e orDtleDst SSO ror D present O\\11er seDrch Dnd nle
D Dislricl Justice AClion to enforce lheIlen including interesi. Dllomoy's
rees. costs Dnd e~penses.
7.) Secure District Justice Judgmenl Dnd record IrDnscripl or Judgment
Ihrough counscl DOer the DPPCDI period e~pircs (30 d:1ys :1ller Judgment).
8.) Once Ihe mDlIcr is in the hDncis or counsel. DS decision "ill be made
whelher to e.~ecule on the Judgmenl DgDinstlhe unil. the personDI properlY
or the o""ers. Iheir bank Dccounts or other assets or other sirnilDr Delion.
Althis lime. mongDgce will be informed orthe Dmounl orlhe si~ (6) monlh
priorily Iicn Dnd Ihis wllllikcly conslitulc a derault under the mongoge.
9.) The inlcnl is 10 work diligenlly 10 prevenl Ihe unpaid liens rrom e.~-
eceding the si.~ (6) month priority given 10 condominium liens vis D ,is Ihe
nrst n1orlg~ge.
EXHIBIT 13
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. . . .
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CONDOMINIUM RESALE CERTIFICATE
The following informallon is beinll providcd to the Ilwncr of Unit 234 Urian Drive of the Westwood Village
Condominium Unitowners Association (the "Unit"). pursuant III Section 3407 of the Pennsylvania Uniform
Condominium Act, 68 Pa. C.S.A. section 3407. I'ursuantto the provisions of snid Scction, the Westwood Village
Condominium Unitowners Association (" Association"), represents thc following:
I. The sale ofthe Unit is not subjcctto any right of first rcfusal or any other restraint on the free alienability
ofthe Unit known to the Association.
2. The monthly common expense assessment, due on the first day of each month in advance, is lli.QQ. As
of this date, Ihe outstnnding balance of unpaid common expcnses due and payablc with respect to the Unit Is
$2.070.34, through and including September. Sce attached schcdule. The outstanding balance for special
assessments due or payable with respect to the Unit is an additional $ 495.00. As of this date, the following surplus
is available to be credited to the Unit: $ 0.00.
Association monthly fees are paid through the Month of ( Not Calculated). No Initiation fee Is due to the !'
Council ofWeslwood Village by the purchaser.
3.
No other fees are presently due to the Association by the owners, However, the unit owners are personally
responsible for all county, township, and school real estnte taxes on said unit. Additionally, the unit owners
are responsible for the payment of sewer and utilities fumished to the individual unit. The Association has
no knowledge of the payment status oftaxes or utilities, and each Buyer is required to make his or her own
investigation thereof.
4. The following capital expenditures are proposed by the Association for the current or the two next
succeeding fiscal years:
a. Roof Replacement
b. Exterior Wood replacement.
5.
The Association has $27.506.00 reserved for capital expenditures. Presently those reserves have been
specifically designated by the Association for the particular projects listed in item number 4.
6.
The most recent regularly prepared balance and income and expense statement, ifany, of the Association
is attached hereto as Exhibit A and incorporated herein by reference.
7.
The current operating budget of the Association is auached hereto as Exhibit B and incorporated herein Ir
reference.
8. At present, there exist no judgments against the Association known to it, nor are there pending suits
known to the Association, to which it is a party.
9. Pursuant to the requirements of the Uniform Condominium Act, the Association maintains insurance on
each of the respective buildings of the Condominium in an amount equal to at least 80% of their value.
Such insurance is maintained with Commercial Union Insurance Comoanv. The Association also maintnins
public liability insurance of the common elements in the amount of $2.000.000.
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BARBARA A. MORGAN,
Plainti IT
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 99-1317
COUNCIL OF WESTWOOD VILLAGE
CONDOMINIUM.
Defcndant
PRAECIPE TO SUBSTITUTE
EXHIBIT 14 TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
TO THE PROTHONOTARY:
Pleasc substitute Exhibit 14 attached to this Praecipc for thc Exhibit 14 filed with the
Defcndant's Motion for Summary Judgment on June 23, 1999.
SHUMAKER WILLIAMS, P.c.
VI( rry
By ,
D R. Breschi, I.D, #59001
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
CONDOMINIUM RESALE CERTIFICATE
The (ollo\l.inll in(onnalion is being provided 10 lhe owner of Unit 234 Brion Drlvc of the Westwood Vlllaoe
Condomlnlwn Unltowners Association (the "Unh"), pursuant to Seclion 3407 of lhe Pennsylvania Uniform
Condominium Act, 68 Po. C.S.A. section 3407. Pursuanlto the provisions of said Section, the Westwood Vlllaoe
Condominium Unltowners Association ("Association"), represents the following:
1. The sale of the Unit is not subject to any right of first refusal or any other restraint on Ihe free alienability
of the Unit knoWIIlo the Associalion.
2. The monthly common expense asscssment, due on the first day of each month in advance, is~. As
of this date, the outstanding balance of unpaid common expcnscs due and payable with respect to Ihe Unit Is
$2.070.34, through and including September. See allached schedule. The outstanding balance for special
assessments due or payable wilh respect to Ihe Unit is an additional $ 495.00. As of this date, Ihe following surplus
is available to be credited to the Unit: UlJ!Q.
AssocIation monthly lees are paId Ihrough Ihe Month or(Nol Calculaled). No InItiation fee Is due to the
Council or Westwood Village by the purchaser.
3. No other fees are presently due to the Association by the owners. However, the unit owners are personally
responsible for all counly, lownship, and school real eslate taxes on said unit. Additionally, the unit owners
are responsible for Ihe payment of sewer and utilities furnished to Ihe individual unit. The Association has
no knowledge oflhe payment status of taxes or utilities, and each Buyer is required to make his or her own
investigation thereof.
4. The following capital expenditures are proposed by the Association for the current or Ihe Iwo next
succeeding fiscal years:
a. Roof Replacement
b. Exterior Wood replacement.
5. The Association has $27.506.00 reserved for capital expenditures. Presently those reserves have been
specifically designated by the Association for the particular projects listed in item number 4.
6. The most recent regularly prepared balance and income and expense statement, if any, of the Association
is allached hereto as Exhibit A and incorporated herein by reference.
7. The current operating budget of the Association is allached hereto as Exhibit B and incorporated herein Iy
reference.
8. At present, there exist no judgments against the Association known to It, nor are there pending suhs
known to Ihe Association, to which it is a party.
9. Pursuant to the requirements of the Uniform Condominium Act, the Association maintains insurance on
each of the respective buildings oflhe Condominium in an amount equal to at least 80% oflheir value.
Such insurance is maintained with Commcrcial Union Insurance Companv. The Association also maintains
public liability insurance of the common elements in the amount of $2.000.000.
CERTIFICATE OF SERVICE
I. David R. Breschi. Esquire. of the law firm of Shumaker Williams, P.C., hereby certify
that I served a true and correct copy of the foregoing Defendant's Response to Plaintiffs Request
for Admissions on this dale by placing a copy of the same in the United Stales Mail, Postage
Prepaid, addressed to:
Barbara A. Morgan
141 South Enola Drive
Enola. PA 17025
Dale~ Llr} 'T~r
SHUMAKER WILLIAMS, P.C.
By ?!3! .!.r::.;(
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendant
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