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HomeMy WebLinkAbout99-06722 I ? A •:iii ti( 't' ALLENVIEW HOMEOWNERS ASSOCIATION. INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. LAURA S. KALEMNOUS. Defendant IN TI II- COURT OF COMMON PLEAS CUMBE=RLAND COUNTY, PENNSYLVANIA NO. 49 - 67z? elui l / clL?Yl CIVIL ACTION - LAW NOTICE 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 FIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 219-3166 or (800) 990-9108 ALLI?NVIEW I10\IEOWNERS IN'1'111i COIJR'I' OF COt-IivION PLI AS ASSOCIATION, INC., A CUNIBERLAND COUNTY. PENNSYLVANIA PENNSYLVANIA NON-PROFIT CORPORATION. Plaintiff NO. V. LAURA S. KALEMNOUS, Defendant CIVIL ACTION - L.AW NOTICIA Le han demandado a Listed a la torte. Si Listed quiere defcnderse en contra estas demandas espuestas en las paginas siguicntes, usted tien veinte (20) Bias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si listed no se defienda, la torte tomam mcdidas y puede entrar una orden contra Listed sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN AEOGADO, VAYA EN PERSONA 0 LLAME POR -rELEFONO A LA OFICINA CUYA DIRECCION SE I:NCUEN'rRA P-SCRITA AEAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASIS'rENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (300) 990--9108 ALLENVIEW I IOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION. Plaintiff IN TI IE COURTOP CONI\1ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. LAURA S. KALEMNOUS. Defendant CIVIL ACTION - LAW COMPLAIN'r AND NOW, comes the above named Plaintiff. ALLENVIEW HOMEOWNERS ASSOCIATION, INC., by its attorneys, Saidis, Shuff & Masland, and state the following cause of action: 1. The Plaintiff, Allenview Homeowners Association, Inc., ("Plaintiff') is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3> 12 Trindle Road, Camp Hill, PA 17011. 2. The Defendant, Laura S. Kalemnous ("Defendant") is an adult individual who resides at 726 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 3. The Defendant is the owner of a townhou:me situate at and known as 726 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview Development and under and subject to the Declaration of Covenants and Restrictions dated September S, 1952 ("Covenants and Restrictions"). a copy of which is attached hereto as Exhibit "A" and incorporated herein by relcrence. 3 4. The Defendant, as the owner of the Property, is a member of the Allenview I lontcowner's Association (the "Association") and is governed by the By-Laws ol'the Association (the "By-Laws"), a copy of the relevant portions of which is attached hereto as Exhibit "13" and incorporated herein by reference. 5. Article V ol'the Covenants and Restrictions and Article II I of the Lay-Laws, provide that the o%vncr shall pay annual and special assessments to the Association, which assessments are to be paid in advance on a quarterly basis. 6. Each annual assessment, payable to the Plaintiff; is determined as set forth in Article V, Section 3 of the Covenants and Restrictions and as set forth in Article 111, Section 2 of the By- Laws through the Association's Board of Directors with written notice of the assessment to be sent to every owner subject thereto pursuant to Article V, Section 8 ol'thc Covenants and Restrictions. 7. Defendant is in delault of her obligation to pay the first and second quarterly installment of the annual assessment due March 1, 1999 and June 1, 1999 and as a result of such delault the Association has exercised its right under 68 P.S. 5315(a) to accelerate and demand payment of the entire annual assessment due for 1999. A copy of the Association's demand is attached hereto as Exhibit "C" and made part hcreol. 8. The Defendant was notified that the following quarterly installments of the annual assessments were due and payable to Plaintiff in advance. a. Assessment for first, second, third and fourth quarter of 1999 due on March 1, 1999, June I, 1999, September I, 1999 and December I, 1999, respectively, in the amount of One 1-lundred Ninety-Five and 00/100 Dollars ($L95.00) each. 9. Defendant purchased the property under and subject to the Covenants and 4 Restrictions and the By-Laws and became personally liable therefor. 10. Despite demands by the Plaintiff, the Defendant has failed and refused to make payment to the Allenvicw Homeowners Association of installments for four (4) quarters of 1999. It. Article V, Section 9, of the Covenants and Restrictions provides that the Association has the right to collect all delinquent assessments together with such interest thereon and the cost of collection thereof; and if the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of the delinquency. Article 111, Section 9, of the By-Laws specifies that the rate of interest charged shall be six percent (6%) per annum and shall be collectable by Plaintiff together with reasonable legal fees and costs of suit. 12. The Defendant has damaged the Association by her failure to make payment of the assessments in accordance with the Covenants and Restrictions and the By-Laws. 13. As of the date hereof, Plaintiff has incurred reasonable legal fees in connection with the preparation and filing of this Complaint in the amount of SEVEN HUNDRED EIGHTY- SEVEN AND 501100 DOLLARS ($78750). 14. Defendant is liable to the Plaintiff for the following: a. First quarter of 1999: b. Second quarter of 1999: C. Third quarter of 1999: d. Fourth quarter of 1999: C. Late charges: f. Interest to October 20. 1999: g. Legal fees $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 15.60 $ 17.92 $ 787.50 5 'TOTAL DUE. S1,601.02 WI IFRL'•(:ORE, Plaintil'fdcnuuulsjudgmcnl against the Defendant, Laura S. Kalcmnous, in the amount of One Thousand Six Hundred One and 02/100 Dollars ($1,601.02) together with additional interest, attorneys' fees, expenses and costs of suit. SAIDIS, SNUFF S MASLAND Dale: `?l l? lrjlA? B /1 / , , ? (lI/ / KarI,M. Lcdebohm, :squire Supreme Court ID 959012 2109 Market Street Camp Mill, PA 17011 (717) 761-1881 Attorney for Plaintiff, ALLBNVIL'• W I IOMGOWNP:RS ASSOCIATION, INC. 6 30 UFCLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this Bch day of September, A.D., 1982, by Alleuview, Inc., successor to 8reneman and Calabrese, hereinafter called Developer of ALlenview Planned Resldcncial Development, hereinafter called Allenview, located in Upper Allen Township, Cumberland County, Pennsylvania. WITNESSETII: WHEREAS, Developer is the owner of tl,e real property described in Article II of thtu Declaration and desires to create thereon a residential cormunity with permanent parks, playgrounds, open spaces, and other common facilities for the benefit of the said eonvmunity; and WHEREAS, Developer desires is provide for the preservation of the values nod amenities in said co=unity and for the maintenance of said park,, playgrounds, open spaces and other conm,on facilities; and, to this end, de- sires to subject the real. property described In Article II, together with ,inch additions as may hereafter be made thereto (as provided in Article II), to the covenants, restrictions, casements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thareof; and _ I.'IIEREAS, Developer has deemed it desirable, for the efficient preser- EXHIBIT A r.' II EXHIBIT "A" vaciun of the values and amenities in said community, to create an agency to which shoald be delegated and assigned the powers of maintaining and administering the c =nutity properties and facilities and administering and enforcing the cove- nancs and restrictions and collecting and disbursing the assessments and charges hereinafter created; and HIIEItEAS, Developer has incorporated under the laws of the Commonwealth of Fennsylvania, as a nun-profit corporation, TILE ALLENVIE:i 11ME OWNERS ASSOCIA- TION, ior tile purpose of r exorcising t!,e functions aforesaid; ^o a',-m.1 rv ?sCo nr. CO!: ??() i ASE ?l ~ x Y J'l en N 1 - r' u CD 2 r.. m [SON, TlILKLYURE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, con- veyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter sec forth. , ARTTCLE T DEFINITIONS Section 1. The following words, when used in this Declaration or any Supplemental. Declaration (unless the context shall prohibit), shall have the following meanings: (a) "Association" shall mean and refer to the Allenview Home- owners Association. (b) "The Properties" shall mean and refer to all such existing 1 properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof. (c) "Common Properties" shall mean and refer to only those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted co the common use and enjoyment of the owners of The Properties, and may include the land and improvements for srreecs, easements, parks, playgrounds, swimming pools, pedestrian- ways, and any buildings, structures or appurtenances incident thereto, subject to the reservations contained in Article IX, Section 4 hereof. (d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined. (e) "Living Unit" shall mean and refer to any portion of a building situated upon The Properties designed and intended for use and occupancy as a residence by a single family. BJJ; 280 i/.a h> - 2 - . r i l (f) "CompLetud Living Unit" shall mean and refer to any purtlun of a building situated upon The Properties designed and intended for use and occupancy as a residence by o single family for which an occupancy permit has been received from the appro- priate township official. (g) "Single Family Detached Duelling" shall mean a building used by one family, having only one living unit and two side yards. (h) "Single Family Semi-Detached Dwelling" shall mean a build- ing used by one family, having one living unit and one side yard and one party wall in common with another building. (i) "Single Family Attached Duelling (Row)" shall mean a building used by one family and having one living unit and two party walls in common with other buildings (such as townhouses). (J) "!'ulti-Family Dwelling" shall mean a building used by threa r.., or more families living independently of each other and doing their own cooking, . including apartment houses, or townhouses. (k) ."Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee fins acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (1) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article 111, Section 1, r hereof. (m) "Developer" shall mean and refer to Allenview, Inc., successor to Dreneman and Calabrese, and to such other person or legal entity to whom Allenview, Inc., successor to ureneman ana Calabrese, expressly assign the rights of the Developer herein in writing. DUOS 2S1) p.1CE h3 - 3 - t I 1 I 1 i i ?i ARTICLE IT PROPERTY SUBJECT TO THIS 1WC1,1RATl0N: ADDITIONS TuF..RETO Section 1. Existing Property. The real property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Allenview, and is more particularly described as ,Stage III, Section B, Townhouse Plots lies. 1, 2, ], It, 5, and 6, all of which real property shall hereinafter be referred to as "Existing Property." Section 2. Restrictions for Use and Development. The Lots outlined on said plats for Stage III, Section 4 shall be subject to the following re- strictions: w (a) Land Use and Building Types. The land shall be used and buildings of the following type and no ocher shalt be designed, i erected, maintained and occupied on said lots; "Single Family Attached Dwelling (Row)". (b) Building Location and Landscaped Yards. No building or any part thereof shall be erected or maintained closer titan twenty- five (25) feet to any street and, in the case of Mt. Allen Drive, Nerczler Road, and all exterior boundaries of Allenview, a building setback of not less than fifty (50) feet shall be maintained. Nut- withstanding chu above an unoccupied open space shall be designed, 1 I landscaped and maintained in the front, side and rear yards of each Lot, the depth of which shall be not less than shown on the recorded Final Subdivision and Land Development Plan. (c) Outdoar Storage Areas. Firewood, bicycles, Lawn mowers, garden tools, furniture, and all other such articles shall be stored in areas appropriately located on.the Lot to the rear of the dwelling and garage, and set back from all Lot lines as mentioned above and screened from all streets, side and rear Lot lines, with a structure, shrubs or hedge, in a location and manner approved by Lite Architee- rural Control Committee. j (d) Completion. All dwellings and garages shall be complecely finished on the exterior and all grading and seeding shall be done ooo< 2IT S 6' -1 I t C. t I? I within one (1) year of the start of construction or ground breaking. Any excess earth or ground from any construction shall be the prop- erty of the Developer and shall be removed by the Lot owner at his expense to a place designated in the development and determined by the Developer. (e) Fences, fledges•and Shrubs. Fences. hedges and shrubs shall not be erected, planted or maintained in the abovu required yard i spaces or along the Lot lines of any Lot unless approved by the Architectural Control Committee. (f) Sight Distance. All trees, shrubs and structures shall be located and maintained so that the sight distance from vehicles is not obstructed at all street and driveway intersections. (g) Parking Spaces. Not less than two (2) improved parking , apaces (10' x 20') shall be located on the same Lot as each Living Unit. (h) Easements. All Lots and Lot Owners are subject to all cove- nants, ruatrictions, rights-of-way and easements of record, sa well as subject to all present or future zoning ordinances `or building regula- tions of the Township of Upper Allen, Cumberland County, Pennsylvnnia. (1) Nuisances. No noxious or offensive activity shall be t carried on upon any Lot, nor shall anything be done thereon which may I. i be or may become an annoyance, nuisance, or of aesthetic damage to the neighborhood, nor upon any street in Allenview. (j) Temporary Structures. No temporary dwellings shall be 'erected or maintained on any Lot. Garages, basements or any temporary I structure shall not be used for human habitation. No prefabricated construction or otherwise, or any concrete slab foundation shall be permitted unless specifically approved in writing prior thereto by the Developer. No trailers, motor homes, tents, shacks, barns or boats, or any type of outbuilding, unless previously approved in writing by the Developer, shall be erected on any Lot, nor parked on a street in Allenvtcw. CCJS 280 iBSE 6.1. 5 - ?: ?bh•6.n:nfa:wWNMWwM............... i i i I •? (k) Slttns. No sign of any kind shall be displayed to public view on any Lot except one sign of not more than five (5) square feet advertising the property for Salo or rent, or signs used by a builder to advertise the property during construction and/or ehe original sale period. (1) Livestock and Poultry. Animals, livestock or poultry, ex- cepting household pees, shall not be raised, bred or kept on any Lot. lousehold pets may be kept, provided they are not kept, bred or main- tained for any cormorcial purposes. Notwithstanding the above, the non-commercial keeping of horses or ponies for the recreation use by the Owner of a Lot will be permitted on Lots of five (5) acres or more, as provided'in Section 2(a) hereof. An accessory structure shall be permitted on a Lot only when approved by the Archlecetu ral Control Committee. apply CO Developer during original construction. (m) Carbage and Ref se Disposal. The Owners of all Lots shall, at their expense, connect to the public sewer and water syscens. No Lot shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in sanitary containers and placed in specified locations for collectlon. The burning of trash, debris and leaves shall not be permitted on a Lot. (n) Delay of Dwelling _pops ruction. Should the Owner of any Lot not construct a home within one (1) year of the purchase of said Lot, then the Lot Owner must seed and maintain the Lot so as not to detract from the overall development. (o) Architectural Control Committee. The Owner of a Lot shall not commence construction of a dwelling, garage, or any other par- mitred structure until the Architectural Control Comnfttee has re- viewed and approved the proposed plan showing the type of Structure to be plated on said Lot. The provisions of this section shall not (p) Street Lights. Street liOhci of a uniform design shall be installed throughout Allenvlcw under th supervision of the Developer and the Architectural Control Committee. Vex 280 hli 6 - i ( Y 1 (q) Utility Service Lines. All utility service Linea shall be installed underground where feasible. Section 3. Additions to Existing Property. Additional lands may be- come subject to thin Declaration In the following manner: (a) Additions in Accordmice with the Tentative Development and Stage Plan. The Developer; its successors and assigns, shall have the right to bring within the scheme of this Declaration additional i properties in future stuges of the development, as generally outlined on the Tentative Development and Staging Plan Anted February 25, 1980, and filed of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 251, at Page 737. Said Tentative Development and Staging Plan outlines the proposed additions co the Existing Property and contains: (1) a general indication of size and location of the additional stages for development of the following uses end bulldLng.types: STAGE III - Single Family Detached Dwellings Single Family Semi-Detached Dwellings (Duplexes) Single Family Attached Dwellings (Townhouses) Apartments (7-story Carden Type); (2) the approximate size and location of common properties reserved for dedication with each stage; (3) the general nature of proposed common facilities and improvements, including the provision of improved yard spaces and not less than two (2) improved parking spaces required to serve all Living Units, including the Apartment and Townhouse properties; (4) a statement that the proposed additions, if made, will become subject to assessment for their just share of Association expenses; and (5) a schedule for termination of the Developer'a right under the provision of this sub-section to bring additional da- velupment stages within the scheme. 2S.0 r,,.(E Qf/ 'l1 / - 7 - r i i i i Unless otherwise stated therein, said Tentative Development and Staging Plan shall not bind the Developer, its successurs and assigns, to make the proposed additions or to adhere to the Plan in any subse- quent development of the land shown thereon and the Tentative Develop- ment and Staging Plan contains a conspicuous statement to this orfect. The additions authorized under this and the succeeding sub-sec- tion shall be made by filing of record a Final Subdivision and Land Development Plan for each Stage and a Supplementary Declaration of Covenants and Reatri.etibos with respect to the add i eiongl property. The location and arrangement of buildings, streets, yards and open space and the size and bulk of buildings as indicated on the Ten- tative Development and Staging Plan may be amended, revised, aLcered or changed subject to the approval of Upper Allen Township provided, - however, that the use of the land shall be limited to one or more of the within described residential building typos. l Such Supplementary Declaration may contain such complementary I additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different char- acter, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supple- mentary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property. (b) -Other Additions. Additions other than those authorized by sub-session (a) herein may be made upon approval in writing of the Association pursuant to approval by a' two-thirds (2/3) vote of each class of membership, as described in Article III, Section 2. The Owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file or record a Supplementary Declaration of Covenants and Re- strictions, as described in subsection (a) hereof. (e) Mergers. Upon a merger or consolidation of. the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be BOOS 280 PACE 88 t C. transferred to another surviving or consolidated association or, al- f tcrnatlvely, the propertien, rights and obligation., of another also- "lotion may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within i the Existing Property, together with the covenants and restrictions established upon any other properties as one scheme. No such merger v or consolidation, however, shall affect any revocation, change or addi- tion to Lite covenants established by this Declaration within the Exist- ing Property except ns hereinofter provided. ' ARTICLE III ' MEMBERSHIP AND VOTING RIGHTS IN TIE ASSOCIATION i ¦ Section 1. Membership. Every person or entity who Is a record Owner of a fee or undivided fee in any Lot which is subject by covenants of record to assessment by the Association shall b. a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Section 2. Voting Rights. The Association shall have two classes of voting membership: i Class A. Class A members shall be all those Owners as defined in Section 1 with the exception of the Developer. Class A members shall be entitled to one vote for cacti Lot (or Living Unit) in which they hold the interests required for membership by Section 1. When more than one person holds such'lnterest or interests in any Lot (or Living Unit), all such persons sIm11 be members, and the vote for such Lot (or Living Unit) shall be exercised as they among themselves determine, but in no event shall more than one vote be cost with re- spect to any such Lot (or Living Unit). Class R. Class g members shall be the Developer. The Class D member shall be entitled to three votes for each Lot in which it holds the interest required for membership by Section 1 (and for every Living Unit in any Multi-Family Structure owned by it until such Unit is first sold), provided that the Class R membership shall cease and become converted to Class A Membership on Lite happeuini: of any of the following events, whichever occurs earlier: Boos 280 i-nE 89 - 9 (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class U membership; or (b) twenty (20) years from Elie dace hereof. From and after the happening of these events, whichever occurs earlier, the Class U member shall be deemed co be a Class A member entitled to one vote for each Lot (or Living Unit) in which it holds the interencs required for membership under Section 1. (For purposes of determining cite votes allowed under this Sec- tion, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted.) , ARTICLE IV PROPERTY RIGHTS IN THE COBDD\ PROPERTIES i I , I a I i i i i 1 i I Section 1. Nenbers' Easements of Enjoyment- Subject to t},e provisions of Section 1, every Member shall have a right and easement of enjoyment in and to the Common Properties and such casement shall be appurtenant to and shall pass with the title or lease to every Lot (or Living Unit). Section 2. Title to Conmion Properties. Notwithstanding any provision herein, the Developer hereby covenants, for itself, its heirs and assigns, that % I j it shall convey as Common Properties the following: (a) Rights-of-way and easements for streets, 'sanitary sewers and storm drainageways with completed improvements in place shall be constructed in accordance with the applicable provisions of Upper Allen Township, and shall be offered for dedication to Upper Allen Township. (b) The title to common open space for parks, recreation and other common facilities With improvements in place shall be trans- ferred to the Association under the condition that the Association shall have or hire adequate staff to administer common facilities and maintain the common open space. (c) Easements for water, electric, telephone, television, and ocher utility services, shall be provided to the respective operaring companies. 8005 2$0 ?txE 90 C` py`,f .C L" ? t. , 1® - 10 - I N'( Section 3. Extent to Members' Easements. The rights'und easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of im- proving the Common Properties and in aid thereof to mortgage said prop- erties. In the event of u default upon any such mortgage, the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission, and other fees as a condition ' to continued enjoyment by the membera and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be re- turned to the Association and all rights of the Members hereunder shall be fully restored; and (b) The right of the Association to take steps as are reason- ably necessary to protect the above-described properties against fore- closure; and (c) The right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (d) The right of the Association to charge reasonable admission and other fees for the use of the Comnon Properties; and (e) The right of individual Members to the exclusive use of parking spaces as provided in Section 4 hereof; and (f) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of each class of membership has been Boas ?_$() i1,SE `91 - 11 - v ®i e i recorded, agreeing to such dedication, transfer, purpose or condition, and unless written nutlce of the proposed ngrecment and action there- under is sent to every hember of !cost ninety (90) days in advance of any oction to be taken. It is understood and agreed that. no such public agency or authority is obligated to accept any such dedication or trans- fer; and (E) In the event that the Association shall, at any time, fail to maintain the common properties under its Jurisdiction in reasonable order nnd.condition in accordance with the development plan, Upper Allen Township may serve written notice on the Association or the Owners setting forth the manner in which the Association has failed co maLn- Lain the common open space in reasonable condition; and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may ' Y give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of the properties within Allen. view and prevent the common open space from becoming a public nuisan.:e, 11 may enter upon said common open ,pace and maintaLn [he same for a per- iod Of one year. Said entro ,..a Public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and Owners. Before till expiration of said year, the Township shall, upon its initiative or upon the request of the Association call a public hear- ing upon notice to the Association and Owner, to be held by Che Town- ship, at which hearing such Association and Owners shall show cause why such maintenance by the Township shall not, nr the election of the Township, continue for a succeeding year. If the Township shall BCD 281) rtf,E f)? i - 12 - Ilr ' 1 i I 1 determine that the Association is ready and able to maintain said common open apace in a reasonable condition, the Township shall cause to maintain said common open space at the end of sold year. If the Township shall determine the Association is not ready and able to maintain said common open space In a reasonable condition, the Town- ship may, at its discretion, continue to maintain sold common open space during the next succeeding year and, subject to a similar hear- Ing and determination, in each year thereafter. The decision of the X Township in any such case shall constitute a final administrative de- cision subject to•jud LClaL review. ' The cost of such maintenance by the Township shall be assessed ratably against the properties within Allenview that have a right of enjoyment of the common open space and shall become a tax lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the 'property which is sub- ject to such' assessments or charges regardless of when said mortgage or mortgagee were created or when such assessments or charges accrued, provided such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages and the transferee shall not be liable for payment of any assessments of charges accruing prior to said fore- closure; but nothing herein shall be held to affect the rights herein given. to enforce the collection of such assessments or charges accru- ing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to such assessments or charges, with the intent that no such charges shall at any time be prior in lien of any mortgage or mortgages whatsoever on such property, The Township, at the time of entering on said common open apace for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the County on the properties affected by such lien within the planned residential development. Boa 230 idSE 93 13 - i i I I I Section 4. Parking Rights. The Association shall maintain upon Lite Common Properties at least two (2) parking upaces for each Living Unit in areas developed with Townhouses and Apartments. Subject to reasonable rules and con- ditions, the Association shall designate at least two (2) parking spaces eonven- iencly located with respect co each Living Unit for the exclusive use of Lite Members residing therein, their families and guests. The use of such space by any other member or person may be enjofnud by the Association or the Members eneitled thereto.. The right to the exclusive use of such parking space and to its maintenance and designation by the Association shall be appurtenant to and shall pass with the title to each Living Unit. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments The Developer for each Completed Living Unit owned by him within The Properties hereby covenants and each Owner of any Completed Living Unit by occeptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improve- ments, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall bu a charge on the land and shall be a continuing lien upon the property aga Lnsc which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall also be the personal oblLgation of Lite person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by Chu Association shall be used exclusively for the purpose of promocLng Lite recreation, health, safety and welfare of Lite residenca in The Properties and in particular Boo: 28Q PAGE .4 - it. - C %I for the improvement and maintenance of properties, services, and facilities de- voted to this purpose and related to the use and enjoyment of the Common Prop- erties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and addi- tions thereto, and for the coat of labor, equipment, materials, managements and supervisions thereof. Section 3. Basis of Annual Assessments. The Association, through i its Board of Directors, shall fix the annual assessment per lot based upon the estimated cost of carrying out the responsibilities' of the Association. There shall be two types of annual assessment as follows: (a) General assessments applicable to all record owners of lots upon which are constructed single-family or two-family dwellings, tow nhousea, apartments and.condomtniumb. Said properties shall be _ assessable, for the following purposes only: (1) The loons and planting as outlined on the Final Sub- division Plans under the title of Common Open Space. '(2) The sidewalks and pedestrianways in the public rights- , of-way easements and in common open space as outlined on the Final Subdivision Plans. (3) Outdoor lighting in public rights-of-way and on common properties. (4) Essential improvements such as drives, sanitary sewers, water lines, fire hydrants, storm sewers, fences, signs and other facilities essential for the use and maintenance of Common Prop- erties. ' (5) Recreation facilities such as swimming pools, tennis courts, playground equipment, picnic facilities and any struc- tures or appurtenances related thereto. (b) Liability and Property Damage Insurance relating to the aforementioned Cormon Properties. (7) Capital Reserves as deemed necessary for replacement of the aforementioned Common Properties. BOn-X 280 il-CE 95 - 15 - t w r. I i i . and above that provided under Section 3(a) above: (1) Parking lots and related improvements. • (2) Lawns and planting. • (3) Exterior of townhouse and apartment buildings. Stage 3-A - 52 apartments or condominiums, and Stage 3-C -; 36 apart- menu or condominiums. Such limited assessments shall be assessable for the following purposes and sha1L be an additional asdessmant over Limited assessments shall not be applied against property owners of I (B) Trash Collection Service. (9) Management services. . (b) Limited assessments applicable only to record owners of living units in Stage 2-B - 54 townhouses, Stage 3-B - 106 townhouses, ', single-family or two-family dwellings. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital im- provement upon the Common Properties, including the necessary fixtures and per- N sonal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the-purpose of the meeting. I Section 5. Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent'to all Members at least I I Bc9„ 280 FirE SIG - 16 - •i i ` thlrty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any Change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to partici- pate under its Articles of Incorporation and under Article II, Section 2, hereof. Section 6. Quorum for Any Action Authorized Under Sections i and S. The quorum required for any action authorized by Sections 4 and 5 hereof sholl be as follows: At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty (607.) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meet- ing may be called, subject to the notice requirement set forth in Sections 4 and , 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding r.meCLng, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence on the date (which shall. be the first day of a month) fixed by the Board of Directors of the Asso- elation to be the date of commencement. The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commence- ment. The assessments for any year, after the first year, shall become due and payable on the first day of March of said year. The amount of the annual assessment which may be levied for the bal- once remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for Lt Section 3 here- of as the remaining number of months in that year bear to twelve. The same re- duction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now sub- ject to assessment at a time other than the beginning of any assessment period. ooo-v 280 sc 9; I - 17 _ The due date. of any special asaesGment under Section 4 heruoC shall be fixed in the resolution authorizing such assessment. Section S. Duties of the Board of Directors. The Board of Directors ffi of the Association shall fix the date of eoomencement and the amount of the assessment against each Completed Living Unit for each assessment period at least thirty (30) days in advance of such date or period and sball, at that time, prepare a roster of the properties and assessments applicable thereto t t which shall be kept in the office of the Association and shall be open to inspec- tion by any Owner. Written notice of the assessment shall thereupon be sent to every Owner ' subject thereto. The Association shall, upon demand, at any time, furniah to any Owner ' liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certifs- . ? cote shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Non-Pavment of Assessment: The Personal Oblige- ; tion of the Owner: The Liew Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof, as hereinafter provided, thereupon be- come a continuing lren on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, how- ever, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. , If tha assessment is not paid within thirty (30) days after the de- linquency date, the assessment shall bear interest from the date of delinquency at the rate of seven (77.) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the'same or to fore- close the lien against the property, acid there shall be added to the amount of 6093 280 i,%cE 95 - to - i Section 11. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein: (a) all properties to the extent of any casement or other interest therein dedicated and accepted by the local public authority and devoted to pub- lic use; (b) all Common Properties as defined in Article I, Section 1, hereof; (c) all properties exempted from taxation by the laws of the Commonwealth of Pennsylvania, upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no Completed Living Unit devoted to dwelling use shall be exempt from said assessment, charges or liens. ARTICLE VI PARTY WALLS FOR DUPLEXES, APAMVITS AND TOUNHOUSES c I; Section 1. General Rules of Low to Apply. Each wall which is built as part of the original construction of the homes upon The Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property dnmage due to negli- sent or willful acts or omissions shat °.__.y thereto. ) 1.16E 9.1) such auaesament the Bouts of preparing and filing the complaint in such action, and, in the event a Judgment Is obtained, such judgment shall include Interest on the assessment as above provided and a reasonable atturney'a fee to be fixed by the court, together with the costs of the action. Section 10. Subordination of the Lien to Mortgagea. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to "the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding In lieu of fore- closure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such sub- sequent assessment. r.' i t i 1 I i i ARTICLE VII ARCHITECTURAL CONTROL CO>CIITTEE Section 1. iteview by ComaSCCCe. No building, fence, wall or other etruccure shall be commenced, erected or maintained upon The Properties, nor 8= ?_bO PACE 100 Section 2. Shar i ne of Rcl'_ir and Maintenance. The cost of ccasonable repair and maintenance of a party wall slna,ll be shared by the Owners who make use of the wall in proportion to such use`_ Section 7. Destruction by fir or Ocher Casualty. ll o party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of Lite wall, they shall contribute to the cost of restoraeion thereof in proportion to such use without prejudice, however, to the riglie of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negl£- gent or willful acts or omissions. 1 Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who, by Ilia negligent or willful act, causes the party wall to be exposed to the elements shal 1 bear the whole cost of furnishing the necessary protection against such elements. Section S. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Own¢r under this Article shall be appur- tenant to the land and shall pass to such Owner's succesaors in title. Section 6. Arbitration. in the' event of any dispute arising concern- ing a party wall, or under the proviaions of this Article, each party shall choose one arbitrator, and such arbiera tors shall choose one additional arbitra- tor, and the decisions of a majority o£ all the arbitrators shall be final and conclusive of the question involved. , - 20 - l l 1 shall any exterior addition to or change or alterationI therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and locntion of the name shall have been submitted to and approved in writing as to harmony of externnl design and location in relation to surrounding strue- Eures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (7) or more representq,tives appointed by the Board. In the event said Board, or its designated coam LCCee, falls to approve or disapprove such design and location within thirty (30) days after i said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be ,deemed to have been fully complied with. ARTICLE VIII EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to maintenance upon the r Cocmon properties, the Association may provide exterior maintenance upon each Completed Living Unit which is subject to assessment under Article V hereof, as foLLows: paint, repair, replace and care for roofs, gutters, downspouts, exter- ior building surfaces, trees-, shrubs, grass, walks, and other exterior improve- ments. Section 2. Assessment of Cost. The cost of such exterior mainten- once shall be agsessed against the Living Unit upon which such maintenance is done. and shall be added to and become port of the annual maintenance assessment C I Alterations for the purpose of this section shall include, inter alts, the following: The installation, painting and repair of any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows (including storm doors and windows), exterior carpeting, or other fixtures desLgned to serve o Living Unit but located on the exterior of said unit and shall require the submission to and prior approv:l of the Archi- tectural Control Comm Lctee. Boo: 280 MCE 101 - 21 - l 1 i E or charge to Which such Living Unit is subject under Article V hereof and, as part of such annual assessment or charge, it shall be a lien and ubligation of the Owner and shall become due and payable in all respects as provided in Article V hereof. Provided that the Board of Directors of the Association, when establishing Lite annual assessment against each Living Unit for any assessment year as required under Article V hereof, may add thereto Lite estimated cost of the exterior maintenance for that year but shod, thereafter, make ::uch adjust- merit with the Owner as is necessary to reflect the actual cost thereof. i Saction.3. Access at Reasonable Hours. For the purpose solely of performing thu exterior maintenance authorized by this Article, Lite Association, through its duly authorized agents or employees, shall love the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day except Saturday or Sunday. ARTICLE IX GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declara- tion shall run with and bind the land, and shall inure to the benefit of and be 'enforceable by the Developer, the Association, or the Owner of any land subject i ' to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twelve (12) years from the date this Declaration is recorded, after which tine said covenants shall be automatically extended for successive periods.of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or iq part. For purposes of meeting the two- thirds requirement, when Completed Living Units are counted, the Lot or Lots upon which such Completed Living Units are sltuated shall not be counted. I'ra- vided, however, that no such ngreemene to change shall be effective unless made and' recorded three (J) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Bne 280 acc 102 i - 22 - ? 1. ?? E Section 2. Notices. Any notice required to be sent to any Member or i, i ' Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to tine last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenanta and reatric- tions shall be by any proceeding at law or in equity against any person or per- sons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Reservation, The Developer has submitted to tiro author- ities of Upper Allen Township certain plans for the future development of the real property described in Article II of this Declaration and such additions thereto as may hereafter.have to be made pursuant to Article II, said plans hav- ing been submitted in-order to fulfill the requirements of township ordinances and the Pennsylvania Municipalities Planning Code. Said plans are on file with Upper Allen Township. The Developer may be required to make additional submis- sions of plans to said authorities. All such plans are part of the public con- trols imposed by the Township Board, tine developers, owners, residents and users of the project and they do not create, and are not intended to create, any private property or contract rights in the owners and residents of the project. Tile plans which the Developer lies submitted to the township authorities represent a plan of development which the Developer believes will provide maximum benefits to the residents, owners and the public. During the extended development program, how- ever, various factors can intervene which may hinder the effectiveness of such long-range plans and whlcls may threaten the benefits to be derived by the resi- dents, owners and the public unless such plans can be modified as prescribed by the applicable township ordinances. Accordingly, this Declaration is not intended to nor does it grant or create any private property or contract righta under any Boon ?_SO r,%E .1.03 - 23 - r f, 41? I? (r Y t? 1 f i( 1 t' 1 i? li i t r I t ffL f Ij .j t' cj s i? is r Of the above described plans and auch plans continue to remain subject to modi- fication by the proper toWnshLp authorltLes In accordance With the procedures set forth In the ordinances of the township and Ella Pennsylvania Municipalities Planning Code. Section S. u• i --- ....u ?anascaufnc Oienttons. To permit the coordinatinn of itnisll grading and landscaping provision of opc ra [ions and tllc permanent and/or temporary `torn drainage facilities as development work progresses from lot to lot, right to tile Developer, at his expense, sim it have the change, alter, modify and/or revise the finish grade and to complete landscape work of the yard within ten (10) feet of any lot line and in draL swales beyond &ald'ten (10) feet after title "age to a lo[ and the dwelling thereon has been transferred to another Owner. ! f i Section 6. Severa_b(- l_t_ty. j Invalidation of any one of these covenants or restrictions by Judgment or Court Order shall in nowise affect provisions Which s any other ? hall remain in full force and effect. *I I' ALUNVIEN, INC. I ATTEST; . President •?. Secretar WA') y I i 000r. 280 ,st 104 - 24 - H!; i. MD.D.NWEALTII OF PENNSYLVANIA ) ?. COUNTY OF t•<Ir SS: ) i On this, the 97dday of September, 1982, before me, a notary Public, tile. undersigned officer, personally appeared BENJAMIN L. BUNEMAN, President of Allenviev, Inc., successor to Breneman and Calabrese, known to me (or satisfactorily proven) to be the person whose name is subscribed to 1 the wlthln instrument, and that he executed some for the purpose therein contained. - I Notary Pujfllc lly Commission Expires: J KY r<:.n:•:., La's, Lv 10. 1901 •.• ? 4 C1 600:( 230 imL 105' Shaffer 6 Sons, Inc., being the owner of Stage III, Section B, I Townhouse Plots Nos. 1, 2, 3, 4, 5, and b, in Allenview Planned Residential Development, through its duly authorized officers, acknowledges that the corporation approves the Declaration of Covenants and Restrictions dated September B. .1982, to which this acknowledgment is attached. i" SHAFFER 6 SONS, INC. .? .. A ..T_ ../ , i . By . YGLl?I Gl ,?!`?GLGG ., v I'restdent 'V. Secretary , • (SEAL) ,I h JS Ctcr;; UI Cur[:u;.:na r -R tU:a:;.' n ;he U: Ite t_r •e%:crd{r!g di Oeec7s c.. it ati. !Ur b•.rtcntj ''. cf". ?a. i \Y::?C•Sl I':J ?:.•?1y n.l.?, \2?1? ?J' }?itI1.1/;??•': ` - '??a svca:a?', t' "';??'^?? ? fit, •'•^ ' t•,,• . Box 280 inE 106 ARTICLE I Definitions Section 1. "Association" shall mean and refer to The Allenviev Home O,.rers kssociacion, Incorporated, a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania. Section 2. "The Properties" shall mean and refer to Allenview Planned Fesidential Development, Stage 1, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annex- ation as provided in Article VI, Section 2, herein. Section 3. "Common Properties" shall mean and refer to parks, play- grounds, swir._ming pools, commons, streets, footways, including buildings, structures, personal properties incident thereto, and any other properties o:.ned and maintained by the Association for the coavaon benefit and enjoyment of the residents within The Properties. ARTICLE II Location Section 1. The principal office of the Association shall be located at 5001 Carlisle Pike, Nechanic?burg, Pennsylvania 17055, Cumber- land County. i EXHIBI?-"B" ARTICLE III :lcmbershio 'Section"1. Every person or entity 1.•110 is a record owner of a fee or undivided fee, interest in any Lot (or Living Unit) which is sub- ject by covenants of record to assessment by the Association shall be a member of the Association, Provided that any such person or entity who holds such interest merely as a security for the performance of an obliga- tion shall not be a member. Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of w ich assea.A.%!nLS is imposed against each owner of and becomes a lien upon the property against which such assessmencs.are made as provided by .Article V of the Declaration of Covenants and Restrictions to which The Properties are subjc:cc and recorded in Miscellaneous Book Volume 226,-Page 24, Office for Recording of Deeds, Cumberland County, December 30, 1976, l and which provide as follows: 1. Creation of the Lir•n=nd Personal Obligation of Assessments. The Developer for each Lot: (and Living Unit) owned by him within The Properties hereby covenants and conch Owner of any Lot (or Living Unit) by acceptance of a deed therefor, whether or not it shall be So expressed in any such decd or other ronvc}•ance,'be deer.ed to' covenant: and agree to pay CO the Association: (1) innual •. aiosc::::m?'nls o, charges; (2) special ;,snossrcants for capital impruve- u'c'nLS, Such assessr..encs co be fixed, established, and collected from time to time as hereinafter provided. The annual- and special assessments, tugt•tI I er with such fnt crest thcroon and costs of ' collection thereof as hereinafter provided, shall be a charge on the land and s}ha11 be a continuing lien upon the property againsc.uhich each such' assessment is made. each such assess- ment, together vich such inter::sc thereon and cost of collection tliereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of pro- . moving the recreation, health, safety, and w - welfare of the resi- dents in The Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Cor.-on Properties and of the homes situated upon The Properties, including but not limited cc, the payment of cases and insurance thereon and repair, replacarienc, and additions thereto, and for the cost of labor, equipment, materials,'m..anaaument, and supervision thereof. z• 3. Basis and Mnxim..um of Annual «cssmenc From and after Janu- ary 1, 1979' anneal assessments ray be'Yevicd, said assessments shall be Ieviod and applied in accbrdance with Article V, Seccion 3, of the revised Dociaration of Cu•;_nants and Restrictions recorded on the clay of 19 in Book Page in th Recurdrr of D=vds Office, Cumberland County. 1 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Associatipn may levy in any assessment year a special as applicable to that year only, for the purpose of defray- ing, in whole or in part, the cost of any construction or re- construction, unexpected repair or replacement of a described capital ir..provement upon the Common Properties, including the ncccssary.fix-cures and personal property related thereto, pro- vided that any such assessment shall have the assent of two- thirds of the vot.es of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written novice of which shall be sent to all Xc,-bers at least thirty (30) days in advance and shall 'set forth the purpose of the meeting. 5. Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3 hereof, and for the periods there- in specified,. the Associacion may change the maximum and basis of tite assess.-:nts fired by Section 3 hereof prospectively for'any such period provided that any such change shall have the assent of two-thirds of the votes of each class of Members who are voting in ;;:r;on or by proxy, nt a meeting duly called for (Alfs purpose, written notice of which shall be sent to all Mtombvrs at luast'thirty (30) days in advance and shall set forth the purpose of the met;irg, provided furthcr.that the limirations of Seccfclns 3 hvreof s?tali not apply to any change in the maximum and basis :M I! of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to partici- paste'under its Articles of Incorporation and under Article II, Section Z, of the Declaration of Covenants and "Restrictions. 6. Quorum for Anv Action Authorized Under Sections 4 and 5. The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows: At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty (60) per cent of all the votes of each class of membership shall constitute a quorum. if the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set Corth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 7. Dat _of Co-- enccment of Annual Asscssmcr.ts: Due Dates. The annual assessments provided for herein shall comence on the date (which shall be the first day of a month) fixed by the.Soard of Dirrctars of the Assor.iatior, to be the date of com.mencemenc. The first annual assussmcnts shall be mat;!e for the balance of the c'nlohdar year and shall become duc and payable on the day fixed 'fur rVNmcncPmenc. The nsar.v.acnts rur any year, after the first -5- year, shall become due and payable on the first day of March i of said year. The amount of the annual assessment -which may be levied `for'•the balance remaining in' the first year of assessment shall " be an amount which bears the same relationship to the annual assessment provided for in Section 3 hereof as the remaining number of months in that year bear to twelve. The same reduction in the amount. of the assessment shall apply to the first assess- ment levied against any property which is' hereafter added to the properties now subject to assessment at a time other than the be- ginning of any assessment period. The due date of any apecial assessment under Section 4 hereof shall be fixed in the resolution authorizing such. assessment. '8. :Duties of the Board -of Directors. The Board of Directors of .,tlie Association shall fix the date of commencement and the anount of the assessment against each Lot (or Living Unit) for each assess- .•:?ment period of .at least thirty (30) days 1n advance of- such date .. or' period and shall, it that ti%e, prepare a roster of the prop-. and assessments applicable thereto which shall be 'kept in 4e the office of the Association and shall be open to inspection by . ' any Owner. . Written notice of the assessment shall thereupon be sent to -,every Owner subject thereto.' '.:The,Associationshall.upai demand at any time furnich to any 0vner'1lnble for 'said asses:::;:nt a :certificate in -writing signed K • I . 1? by an officer of the Association, setting forth whether said assessment has been`paid. Such. certificate shall be conclusive evidence of payment of any assessment therein,stated to have been paid. 9. Effect of Con-?avr+ent of Assessment: The Personal Obliga[ion of owner; The Lien: Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of col- lection thereof as hereinafter provided, thereupon become a con- tinuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal-rep- resentatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall retrain his personal obligation for the statutory period and shall not pass to his suc- cessors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of six (6) per rent per annum, and the Association may bring an action at law against the Owner per- '. .. sonally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assess- ment the costs of preparing and filing the complaint in such action, and in the event a judgmvnc•is obtained, such judgment shall include -7- interest on the assessment _as above provided and a reasonable j attorney's fee to be fixed by the court together with the costs i of the action. ' i+ 10. Subordination of the Licn to More a es. The lien of the assessments provided for herein shall be subordinate to the lien i I of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have be- come due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of 'foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any.such subsequent assessment. 11. Exemot P-ooerty. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to pub!?c use; (b) all Common Properties as defined in Article 1, Section 1, of the Declaration of Covenants and Restrictions; (c) all properties exempted from taxation by the laws of the Ccmmonwealth of Pennsylvania, upon the terms and to the extent of such legal exemption. . Notwithstanding any provisions herein, no land or improve- ments devoted Co dwelling use shall be exempt from said assess- ments, charges or liens. - -S- i .. i i '. ^_ ^^'^?^*_.:'tlAa?.?:nc?,:.-vf+ar,-ek,Rr»Wr:!N,:-,.•S>t::?trctV.: ? _ Section 3. The membership rights of any person whose incerast in The Properties is subject to assessments under Article III, Section 2, whether or not he be personally obligated to pay such assessments, may be suspended by sction'of the'Diie_ctors during the period when the assessments remain unpaid; 'but, upon payment- of such assessments, his rights and privileges shall be aueo- matically restored. If the Directors have adopted and published rules and regulations governing the use of the common properties'and facilities, and the Personal conduct of any-.person thereon, as provided in Article IX, Section 1, they may. in their discretion, suspend the rights of any such person for vio- lation of such rules and regulations for a period not to exceed thirty (30) days ARTICLE IV Voting Ri_Q` Section 1. The Association shall have two classes of voting membership: Class A. Class A members shall be all those owners as de- fined -in Article III, Section 1, of the Declaration.-of Covenants and Restrictions, with the exception of the Developer 'Class A mou,bers shall be entitled to one voce for each. Lot .(or Living Unit) in which they hold the interests required for'ne-bership LY said Sect-ion 1. f?'nen more thnn one person holds.-such interest or intnrests in any Lot: (or Living Unit) all 6uch-p,ersons shall ' ,be;mi•nbers, and the vote-for.such Lot: (or Living Unitshall be ^Px ri•c iscd ns Choy 'In Ong thcrosr.lves 'deturmfne',' but in "no event shnli more than one vole be cast with resl?cc[ to 'ariy.such Lot (or .:Living Unit). Law Ohices SAIDIS, SHUFF S NIASLAND John E. Slike \ PR(1PeeSIONAL CORPOR.\rmv Robert C. Saidis 2109 ;Market Street • Post Office Boi 737 Carlisle Off Qeoffrev S. shut( Albert H Ma sland C;1 tll (1 ((111, Pl'n lls)'IPa Ota 17001.0737 ice: 1 . . Johnna 1. Deily Ttle >hone: (717 ( ) 737-3405 • Facsimile: (717) 737-3407 -6 w. High Street Carlisle, PA 17013 Richard P. Nlislitsky ; Email: s!asm Cezonlinc.com Telephone: (717) 243-6222 James E. Reid. Jr. Facsimile: (717) 243-6486 Scott D. Moore Karl >I. hohm August 2'' 159 9 -' W. Alls Alls :d ark housa Reply To Camp Ijill Via Certified Mail and Regular Mail Laura Kalemous 726 Allenview Drive Mechanicsburg, PA 17055 RE: Delinquent Homeowner's Association. Dues - 726 Allenview Drive Dear Ms. Kalemous: The AllenvleW $Ome04JP.er1S Association (tile ,AssoC1at10 ) has referred to my office the COlleCtiOP. Of the de linCunt Association regarding the above-referenced lorooerty. a r default to make payment to the Association as quit result of Vthe covenants and restrictions Yberla d the St__Ct10nS recorded in t^e Cumberland County Recorder of Deeds Office and the ASSOCiatiorvs Association hereby exercises its 3:r-Laws, the through December 31, 19°`. r-ght to accelerate all dues due to the Association as of August 23, 1599, is $505. .58, itemoZed as follows: 1. Dues to the Association for March, 1999 $ 195 .00 2. Dues to the Association for June, 1999 S 195 .00 3. Dues for Third and Fourth $ 390 00 Quarter 1999 . 3. Late charges $ 15. 60 4. Interest to August 23, 1999 S 10. - 38 5. Total Dues to the Asscciation as of August 23, 1999 S 805. 95 (Per di=_m -- $ .06) Demand is hereby made for the payment of the Association within thirty (30) days of the date FS805.98 to the L the event you do not o_ t- is letter. pay th_ above amount Within! ti!irty (30) l'oninn: .n .r In J Tml A.ho;me yy the V.umn: I nrvrJ ar Tnal .\Lvn:an Peao.?lein:.r S??p:;me Gmrt 4 _: e,lin•:1 \,er.;. Exhibit "c" days of the date of this letter, in full, Plus interest to the date or ayment, I have Collection- action against vadvised the Association to bring a you owe to -ou• In such event, the amount which the Association may increase by such amounts as additional interest, court costs, sheriff's as well as any reasonable attorne 's `ees where applicable association. 1 fees incurred by the if yu apa ? Cnot k at^ 76i-5o Association. to sue you, please contact letter to arrange Pa e 85 within thirty (30) days of this nt. Pursuant to the Fair Debt o1- required to inform you that this letter Practices Act, I am debt and any is an attempt to collect a nformat,or. obtai P important notice of rights led will be used for that purpose. letter 5 s stated on the back side of this Verv truly yours, SAIDIS, SNUFF & MASLAND Karl M. T edea/onm KIML/j as cc: Betuv Fitzpatrick Property Manager NOTICE This letter is an attempt CO collect a debt. If You dispute the validity of ChiS debt, Or any DOrti_On thereof, and you cOntact the undersigned within thirty (30) days after receipt Of this Notice you %,411 be furnished witLl written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before Z he expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt: or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor-O= creditor stated on the front oage will provide you with the name creditor upon written recuest from receipt of this notice. this debt is different from the of this letter, the undersign=_d and address cf the original you within thirtv (30) days of The uncle-"signed means the name signed at the end of letter aDDedring in print th= S et the too of the front OL t_^-i5 letter. - J ALLENVIEW I IO IEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff ALLENVIEW 1101MEOWNERS ASSOCIATION, INC. Date: By. C - Betty Fitzp r_icl-? Property b ngcr LAURA S. KALEMNOUS, Defendant IN T I IF COURT OF CONIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION 1, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Allenview Homeowners Association, Inc., hereby verify that the statements nwde in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. lL q . Q cJ R SHERIFF'S RETURN - REGULAR CASE NO: 1999-06722 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOCIATE VS. KALEMNOUS LAURA S KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsvlvania, who being duly sworn according to law, says, the within COMPLAINT was served upon KALEMNOUS LAURA S the defendant, at 15:55 HOURS, on the 9th day of November 1999 at 726 ALLENVIEw DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to MANUEL KALEMNOUS a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So an O' ? 101.00 6.82 .. .00 8.00 :c: Tnomas n ine, herif?- 3 .2 SAIDIS, SHUFF & MASLAND 11/12/199 by Sworn and subscribed to before me this _/3- day ofld-)Ce".C.' 19 ,. e A.D. -??rotnonoCa r ALLENVIEW 1-I01AE0WNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plainlil7- LAURA S. KALEMNOUS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PI-NNSYLVANIA NO. 99-6722 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, Date: C( - q / -,f) Z SAIDIS, SHUFF, FLOWER & LINDSAY 13v: Karvm. Ledebohtn, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff i`..' ... ' ) L: X11.1 C.