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HomeMy WebLinkAbout99-06752ALLENVIEIV IiONII-OWNERS ASSOCIATION. INC., A:? PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. MAR11 l-IA F. WOLF, Defendant IN THE COURT OF CONINION PLEAS CUN-IBI-RLAND COUNTY. PENNSI'LVANIA NO. l? 61- &7.5a 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 ajudgment 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 "1.0 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) 249-3166 or (800) 990-9108 ALLENVIL'•W HOMEOWNERS : IN TI]FCOURTOFCOMMON PLEAS ASSOCIATION. INC., A : CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff : NO. V. MARIETTA F. WOLF, Defendant CIVILACTION-LAN NOTICIA Le han demandado a listed a la torte. Si Listed quicre defenderse en contra estas demandas expuestas en las paginas siguientes, Listed tien veinte (20) dias de plazo al partir de la fccha de la demanda y la notificacion. Ustcd debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a ]as demandas en contra suya. Se ha avisado que si Listed no se derienda, la cone tomam medidas y pucde entrar una orden contra listed sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. LISTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INIVIEDIATAMEN,rE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PEPSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ALLENVIEW 1 LOM801VNERS IN THE COUWI. OI' COMMON PLEAS ASSOCIATION, INC.,A CUMT31'.RLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NON-PROFIT CORPORATION, NO. q q, L /.51_ ?.u i T Plaintiff V. MARIETTA P. WOLF, Defenclant CIVIL AC'T'ION - LAW COMPLAINT AND NOW, comes the above named Plaintiff, ALLENVIEW 1-I01MEOWNERS ASSOCIATION, INC., by its attorneys, Saidis, Shuff R :vtasland, and state the following cause of action: The Plaintiff. Allenview Flomcowners Association, Inc., ("Plaintiff') is a non-profit corporation organi-r_ed under the laws of the Conunomvealth of Pennsylvania, with its principal place of business at 3512 Trindle Road, Camp Mill, PA 17011. 2. The Defendant, Marietta P. Wolf ("Defendant") is an adult individual who resides at 811 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. The Defendant is the owner of a townhouse situate at and known as 811 Allenview Drive, Upper Allen'I'ownship, Cumberland County, Pennsylvania (the "Property,) which is part of the Allenview Development and under and subject to the Declaration of Covenants and Restrictions dated February 7, 1983 ('Covenants and Restrictions'"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Defendant, as the owner of the Property, is a member of tile Allenview Homeowner's Association (the "Association") and is governed by the BY-Laws of the Association 3 (tile "By-Laws'"), a copy of the relevant portions of which is attached hereto as Exhibit "B" and j incorporated herein by reference. j. Article V of the Covenants and Restrictions and Article III of the By-Laws, provide that the owner shall pay amoral and special assessments to the Association, which assessments are =t to be paid in advance on a quarterly basis. 6. Each annual assessment, payable to the Plaintiff. is determined as set forth in Article y V, section 3 of the Covenants and Restrictions and as set forth in Article III, Section 2 of the By- Laws through the Associations Board of Directors with written notice of the assessment to be sent to every owner subject thereto pursuant to Article V, Section S of the Covenants and Restrictions. 7. Defendant is in default of her obligation to pay the first and second quarterly installment of the annual assessment due Nlarch 1, 1999 and June I, 1999 and as a result of such default 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 hereof. 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 V!arch 1, 1999, June 1, 1999, September I, 1999 and December I, 1999, respectively, in the amount of One Flundred Ninety-give and 00/100 DOI!ars (5195.00) each. 9. Defendant purchased the Property under and subject to the Covenants and Restrictions and the By-Laws and became personally liable therefor. 10. Despite demands by the Plaintiff. the D4endant has failed and refused to make payment to the Allenview I lomeowners Association of installments for four (4) quarters of 1999. 4 11. 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 (60/6) 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 ($787.50). 14. Defendant is liable to the Plaintiff for the following: a. First quarter of 1999: $ 195.00 b. Second quarter of 1999: $ 195.00 C. Third quarter of 1999: $ 195.00 d. Fourth quarter of 1999: $ 195.00 e. Late charges: $ 15.60 f. Interest to October 20, 1999: $ 17.92 9. Legal fees $ 787.50 TOTAL DUE S 1,601.02 5 WI-IGRI?I'ORI3. Flaintiffdcmandsjtudgmcnt against the Defendant, Marietta F. Wolf, 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. Date: 10 I Z?l l ?/ y By Sup 2109 Market FIOMGOWNGRS '.i i. SAIDIS, SHUFF & MASLAND l?ivl. Lcdebohm, Gsquirc Kar reme Court ID #9012 ket Street Camp Hill, [ A 17011 717) 761-1881 for Plaintiff, ALLGNVIGW ASSOCIATION, INC. 6 rClivuvs(L.•?iOY?cr DECLARATION OF CUMANTS AND RESTRICTIONS THIS DECLARATION, made this 7th day of ,-February , l'JB 7 , by Allenview. Ltc., successor to Dreneman and Calabrese, hureinuf•ter called Developer of Allenvicw Planned Ruutdencial Duvelopmunt, hereinafter culled i Allenview, located in Upper Allen Township, Cumberland County, Pennsylvania. WITNESSETH; WIIL•'RRAS, Developer 18 the owner of the real property dr.sr.ribud In Article II of this Declaration and deairuu to create thereon n residential conununity with permonene parks, playgrounds, open spaces, and other conuuon facilities for dw benefit of the suid coaenunity; and WIiEREAS, Developer desires to provide for the preservation of His values and amenities in sairl community and for the maintenance of said purls, playgrounds, open apacea anct ocher eoimuon facilities; and, to this and, de- 10 Sipe to subject Ljlq.rr.al property described in Article II, together with such additions tis may hereafter be made thereto (as provided in Article LI), Co the covenants, reurriccions, easements, charges slid liens hereinafter sec forth, each and all of which is pod are for the benefit of said property and each owner thereof; and i WHEREAS, Develuper lion deemed it desirable., for the efficient presor- vaclon of the values and amenities in said community, to create an agency to wh should be delepaced and assigned the powers of maintaining and ndmiuistering the community properties and facilicien and adminisCoring and enforcing the cove-' nanta and restrictions and collecting and disbursing the assesumcnes and chtlrBea ;,ereinafter created; and WIIEIIEAS, Developer has incorporated under the laws of thu Commonwealth of Punnsylvania, us a nun-profit corporation, THE ALLCMIEW HOW OWNERS ASSOCIA- TION, for the purpose of exercluing the functions oforasaid; bOOK 287 FW 157 EXHIBIT "A" (f) "Completed 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 rcaidsnce by a uLngLe family for which an occupancy permit has been received from the appro- priate township official. (g) "Single Family Detached Dwelling" shall mean a building used Sy one family, having only one living unit and two side yards. (h) "Single Family Semi-Detached Dwelling" shall mean a build- ing used by tine family, having one living unit and one aide yard and one party wall in common faith another building. (i) "Single Family Attached Dwelling (Row)" shall mean it building used by one family and having one living unit and two party walla in common with other buildings (such as townhouses). (j) "Multi-Family Dwelling'.' shall mean a building used by three 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 LuL 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 has acquired title pursuant to foreclosure or tiny proceeding in lieu of foreclosure. (1) "Member" shall mean and refer to all those Owners who are members of cite Association as provided in Article 111, Section 1, ice reof . i (m) "Developer" shall mean and refer to Allenview, inc., successor to Breneman and Calabrese, and to such other person or legal entity to whom Allenview, Inc., succestior to Breneman and iCalabrese, expressly assign cite rights of the Developer herein in writing. - 3 - ARTICLE I1 P1oI'F.It'1'Y SUIIJEC'1' 'r0 1'IIIS DECLARATION: ADDITIONS THERETO Section 1. Exiating Property. The real property which it', and ,shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Allenview, and is more particularly described as Stage Ili, Section A, Townhouse Plots Nos. 1, 2, 3, 5, 6, and 7, all of which real property shall hereinafter be referred to :is "Existing Property." Section 2. Restrictions for Use and Development, The Lots outline on said plats for Stage III, Section A, shall be subject to the following re- atrictions: (a) Land Use and Building Types. The land shall be used and buildings of the following typo and no other shall be designed, 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 than twenty- five (25) feet to any street and, in the case of Mt. Allen Drive, ilertzler Road, and all exterior boundaries of Allenview, a building setback of not leas than fifty (50) feet shall be maintained. Not- withstanding the above an unoccupied open space shall be designed, landscaped and maintained in the front, side and rear yards of eacli Lot, the depth of which shall be not less than shown on the records Final Subdivision and Land Development Plan. (c) Outdoor Storage Areas. Firewood, bicycles, lawn mowers, garden tools, furniture, and all other ouch artlclas shall be. store in -areas appropriately located on Elie Lot to the rear of the dwelll and garage, and set back from all Lot lines as mentioned above and screened from all streets, side and rear Lot lines, with a structut shrubs or hedge, in a location and manner approved by the Architec- tural Control Committee. (d) Complecinn. All dwellings and garages shall be complatel finished on the exterior and all.&nading and seeding shall be done - 4 - i •w'l, in nne (1) ,uor u'. the stnr? of. to nstrue tion ur ground breaking. Any excess carts or 1-7ound from Lilly construction shall be the prup- erty of the Developer and ahull be removed by the Lot owner at his expense to a place designated in the development and determined by the Developer. (u) Fences Hedges and Shrubs. Fences, hedges and shrubs shall not be erected, planted or maintained in the above required yard spaces or along the Lot line's of any Lot unless approved by the Architectural Control Committee. (f) Sight Distance. All trees, shrubs and structures shall be located and ma'ncatned ao that the sigilt distance from vehicles is not obstructed at al: st=tat and driveway intersections. (4)' Par'.cing SS aces. Not less than two. '2) improved parking sr?5ces 110' x 2C:, shell be Loercce. on the same Lot as cacti Living Unit. .' (h) °_dsententc. :.`.1 Loci; and Lot Owners are subject to all cove- name, restrictions, rights-of-way and easements of record, as well as subject to all present cr _`utura zoning ordinances or buildLng rcgula- dons of the Township of Upper Allen, Cumberland County, Pennsylvania. (i) Nuisances. -No noxious or offensive activity shall be carried on upon my Lot, nor shall anything be done thereon which may be or may become'an annoyance, nuisance, or of aesthetic damage to the neighborhood,' nor upon. any•streec in Al.lenview. (j) Temporary Structures. No temporary dwellings shall be erdcted or maintained on any Lot. Garages, basements or any temporary i structure shall no: b:' used for human habitation. No prefabricated construction or otherwise, or any concrete slab foundation shall be permitted unless spec!fically approved in writing prior .thereto by the Developer. No crai:era, mor.or homes, tents, shacks, barns or boats, or any type of outbuilding, unless previously approved in writing by the Developer, s:ic:l be eraccad on say Lot, nor parked on a street in Allenview. - 5 - (k) S11,n:;. No sign oe uny kind uhull be diupluyud Lo public view on any Lot uxcupt one sign of nut more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and/uv the original sale ` period. (1) Livestock and Poultry. Animals, livesrock or poultry, ex- cepting household pets, shall not be raised, bred or kept on any Lot. Household pets may be kept, provided they are not kept, bred or main- tained fur any connercial purpusea. Notwithstanding the above, the I non-commercial keeping of horses or ponies for the recreation use by the Owner of a Lot will be permitted on Lots of five (S) acres or more, as provided in Seccion 2(a) hereof. An accessory structure shall be permitted on a Lot only when approved by the Architectural Control ' Comnittee. (m) CarbagL and Refuse Disposal. The Owners of all Lots shall, at their expense, connect to the public sewer and water systems. 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 collection. The burning of trash, debris and leaves shall not be permitted on a Lot. (n) Delay of Dwelling; Construction. 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. i (u) Architectural Control Committee. The Owner of a Lot shall not coyvnence construction of a dwelling, garage, or any other per- milted structure until the Architectural Control Committee has re- viewed and approved t:ie proposed plan showing' tire type Of structure to be placed on said Lot. The provisions of this aectlon shall not apply to Developer during original construction. (p) Street Lights. Street lights of a uniform design shall be installed throughout Allenview under the supervision of the Developer and the Architectural Control Committee. - 6 - (q) UtlLity Service Lines. All utility service lines shall be installed underground where feasible. Section 3. Additions to Existing Property, Additional lands may be- come subject to this Declaration in Lite following manner: (a) Additions in Accordance with the Tentative Development and Stare Plan. The Developer, its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, as generally outlined on the Tentative Development and Staging Plan dated 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 to the Existing Property and contains: (1) a general indication of size and location of the additional 'stages for development of the following uses and building types; ' STAGE III - Single Family Detached Dwellings Single Family Semi-Detached 'Dwellings, (Duplexes) Single Family Attached Dwellings (Townhouses) Apartments (3-story Garden 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 lees than two (2) improved parking spaces required to serve all'Living Units, including the Apartment and Townhouse 1 ,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's right under the provision of this sub-section to bring additional de- velopment stages within the scheme. - 7 - :, Unless otherwise atnLad Lherein, said Tentative Dcvclupmcnt and Staging Plan shall not bind the Developer, its successors and ausignu, co make the proposed udditions or to adhere to the Plan in any aubsu- quent development of the land shown thereon and the Tentative Develop- ment and Staging Plan contains a conspicuous statement to thin a Met. The additions authorized under this and the succeeding sub-scc- tion shall be made by filing of record a Filial Subdivision and Land Developmunt Plan for each Stage and a Supplementary Declaration of , Covenants and Restrictions with respect to cite additional property. The location and arrangement of buildings, streets, yards and open space and the Size and bulk of buildings as indicated oil the Ten- tative Development and Staging Plan may be amended, revised, altered or changed subject to the aplroval 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 types. Such Supplementary Declaration may contain such complementary 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 Suppl mentary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property. (b) Opber Additions. Additions other than those authorized by sub-section (a) herein may be made upon approval in writing of the Association pursuant to approval by a two-thirds (2/3) vote of each 1 class of membership, ae described in Article III, Section 2. The , Owner of any property who desires to add 1.t to the scheme Of.thia Declaration and to subject it to the jurisdiction of the. Association, may file or record a Supplementary Declaration of Covenants and its- strictions, as described in subsection (a) hereof. (c) MerKers. 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 trunsferred to another surviving; or consolidated association or, al- ternutively, the properties, rights and obligations of another asuo- t ciatiun 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 yovenants and restrictions established by Chia Declaration within the Existing Property, together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall affect any revocation, change or addi- tion to the covenants established by this Declaration within the Exiat- ing Property except as hereinafter provided. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 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 be a member of the Association, provided that any such person or entity who holds such interest merely as a securLty for the performance of an obligation shall not be a member. Section 2. Voting Rights. The Association Shall have two classes of voting membership: 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 each Lot (or Living Unit) in which th y hold the interests required for membership by Section 1. When mote than one person holds such interest or interests in any Lot (or Living Unit), all such persons shall be members, and the vote for such-Lot (or Living Unit) shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with re- spect to any such Lot (or Living Unit). Class B. Class B members shall be the Developer. •Tile Class U 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 B membership shall cease and become converted to Class A Membership an the happening of any of the following events, whichever occurs earlier: - 9 - (n) when the Local vuce:: outstanding in the Class A mumibsruhlp equal the focal vuteY oucatandlog in the Class S membership; or (b) coven (7) years from the duce hereof. From and after the happening of these events, whichever occurs earlier, the Class H member shall bo deemed to be a Class A member entitled to one vote for cacti Luc (or LLvLng Unic) Ln which it holds the incereuts required for .niumbecult ip under Section 1. '(For purposes of determining the votes allowed under this Sec- tion, when Living Units are counted, the Lot or Lots upon which Such Living Units are sltuaped shall not be counted.) ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the 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 Common Properties. Notwithstanding any provLsion herein, the Developer hereby covenants, for itself, its heirs and assigns, that 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 otheF common facilities with improvements in place shall be trans- ferried 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. services, shall be provided to the respective operating - 10 - Easements for water, electric, telephone, television, and Section 3. • Extent to Hemhe r:;' I:aseme nrs. The rights and easuOUen La of enjoyment created hereby shall be subject to the following: (a) Tile 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- erry?es. In the evenc of a 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 onjoyment by the members and, if necessary, Lo open the enjoyment of such properties to a wider public until the mortgage debt in satisfied, whereupon the possession of ouch 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 Common Properties; and I (e) The right of individual Members to the exclusive use of par?Cing spaces as provided in Section 4 hereof; and I .((p 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 condicions.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 instrumynL signed by Members entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded, agreeing to ouch dcdicacian, cronsfer, purpuse or condition, slid unlue:s written notice of the proposed agreement and action there- under is sent to every Member at least ninety (90) days in advance of any action to be taken. It is understood and agreed tliaL nu such public agency or authority is obligated to accept any such dedication or crane- (g) Ln the event that the Association shall, at any time, fail to maintain the common properties under its jurisdiction in reasonable order +tnd condition in accordance with the development plan, Upper Allen Township may serve written notice on the Association or the Owners settinii forth the manner in which the Association has failed to main- tain the common open apace in reasonable condition; and said notice shall include a demand that such deficiencies of maintenance be cured wl.thin thi vty (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 hoaxing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time vti.chin 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'valuea of the properties within Allen- view and prevent the common open space from becoming a public nuisance, may enter upon said couunon open space and maintain Lila saute for a per- ipd of o:,rt year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same t is voluntarily dedicated to the public by the residents and Owners. Before the 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 Owners to be held by the Town- ship, at which hearing auch Asauciacion and Owners shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the 'township shall - l2 - determine that thv Association is ready and able to maintain said couunuu upen space in a reasonuble condition, the Township shall cease } to maintain said couunon open space at cite and of said year. If the Township shall determine the Association is not ready and able to maintain said common open apace in a reasonable condition, the Town- ship may, at its discretion, continue to maintain said 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 Township in any such case shall constitute a final adminiacrative de- cision subject to judicial 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 rite conunon open space and shall become a tax lien on said properties.- Said assessments or charges shall be subordinate in lien to cite lien of any mortgage or mortgages on the property which is sub- ject to such aesesaments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued, provided such subordination shall apply only to assessments or charges I' 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 or 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 mortgagos; and prgvided, further, that such charges accruing after sale shall also be Bubordioate in lien to the licit 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 priur in lien of any mortgage or mortgages whatsoever on such property. The Township, at the time of entering on said common open space for cite purposa 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. - 13 - ' ,, Section 4. Parking Itiphts. The Association shall maintain upon the Common Properties at least two (2) parking spaces for each Living UnLt in areas ! developed with Townhouses and Apartments. Subject to reasonable rules and con- ditions, the Association shall designate at least two (2) parking spaces conven- iently' located with respect to each Living Unit for the exclusive use of the Members residing therein, their families and guests. The use of such space by any other member or person may be enjoined by the Association or the Members entitled thereco. 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 MAIN-ENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments, The Developer for each Completed Living Unit awned by him within The Properties hereby covenants and each Owner of any Completed Living Unit by acceptance 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- menta, 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 be a charge on the land and shall be a continuing lien upon the property against which each shch asse interest thereon and also be the personal at the time when the isment is made. Each such assessment, together with such cost of collection thereof, as hereinafter provided, shall obligation of the person who was the Owner of such property assessment fell due. Section 2. Purpose of Assessments.- The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation,* I health, safety and welfare of the residenl:s in The Properties and in particular • I - 14 - for tha luqu•ovepa:nt and ma lntunanei• ul prul,ert ivs, sc•rVlcc•s, and EOICil ltlel: du- and L'nj0ymeoC Of tile Cn11NYJ11 Prop- Voted Co this purpose and related to Cite use erties and of the homeu situated upon The Properties, including, but not limited co, the paymenc of taxes and insurance thereon and repair, replacement and addi- tions thereto, slid for the coat of labor, equipment, materials, managements and supervisions cltereof. Section 3. Basis of Annual Assessments. The Association, through its Board of Directors, shall fix the annual assessment per lot based upon the estimated cost of carrying out the responsibilities of the Association. Thera shall be two types of annual assessment as follows. (a) General assessments applicable to all record owners of lots upon which are constructed single-fancily or two-family dwellings, townhouses, apartments and condominiums. Said properties shall be assessable for the following purposes only: (1) The lawns and planting as outlined on the Final Sub- division Plans under cite title of Common Open Space. (2) The sidewalks and pedestrianways in the public rights- of-way casements 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 Arch as drives, sanitary sewers, water lines, fire hydrants, storm sewers, fences, signs and ocher facilities essential for cite use and maintenance of Conmcon . l Prop- erties. (5) Recreation fscilities such as swimuning pools, tannis courts, playground equLpmottc, picnic facilities and any scruc- tunes or appurtenances related thereto. (6) Liability and Property Damage Insurance relating co the aforementioned Co mcua Properties. (7) Capital Reserves as deemed necessary for replacement of Cite aforementioned Coamon Properties. . 1I - 15 - L (0) Trash Collection Service. (9) Management Services. (b) Limmited osaeasments applicable only to record owners of living units in Stage 2-11 - 54 townhouses, Stage 3-11 106 townhouse Stage 3-A - 52 apartments or condominiums, and Stage 3-C - 36 apart- ments or condominiums. Such limited assessments ahalL be assesuable for the following purposes and shall be an additional assessment ove and above that provided under Section 3(a) above: (1) Parking lots and related impruvements. (2) Lawns and planting. (3) Exterior of townhouse and apartment buildings. Limited assessments shall not be applied against property owners of single-family or twu-family dwellings. Section 4. Special Assessments for Capital Improvements. In additi 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 apy constructio or reconstruction, unexpected repair or replacement of a described capital im- provement upon the Common Properties, including the necessary fiKturee and per sonal property related thereto, provided that any such assessment shall 1Lave t assent of two-thirds (213) of the votes of each class of Members who are votim in person or by proxy at a meeting duly called for this purpose, written notic of which shall be sent to all Members at least thirty (30) days in advance and r shall Qet forth the purpose of the meeting. "Section 5. Change in Basis and Maximum of Annual Asseusments. Subject to the limitations of Section 3 hereof, and for the periods therein 1 specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof proapeetively 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 perGun or by proxy, at a meeting duly calle for this purpose, written notice of which shall he sent to all Members at leas - 16 - L. I ! thirty (3U) days in advancu and shall but lut-th Lite purpusee of Lite mautanh, provided further that cite limitations of Section 3 hureof shall nut apply to any change in the maximum and basis of cite assessmencs undertaken as an incident to a merger or consolidation in which the Association is authorized to partici- pate under ics Articles of Incorporation and under Article II, Suction 2, hereof. Section 6. Quorum for Any Action Authorized Under Sections 4 and 5. The quorum required for any action authorized by Sectiuna 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%) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is nut 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 meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the pracedin? meeting. Section 7. Date of Commencement of Annual Assessments: Due"Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of. the Asso- ciation to be the date of commencement. The first annual aesessments shall be made for the balance of the calendar year and shall becoma due and payable on the day fixed for commence- mans. The assessments for any year, after the first yoar, shall become due: and payable o4 the first day of March of said year. I The amuu1it of the annual assessment which may be levied for the bal- ance remaining'in'Lite first year of assessment shall be an uuwunt which bears the same relationship to the annual assessment provided for in Sect-kon 3 here- of as the remaining number of months in that year bear CO twelve.' The same re- duction in the antuunt of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now sub- ,Jett 'to assessment at a time other titan the beginning of any asseasmant period. - 17 - Thu due date of uuy spacial a::sc:.bmunt u«dur SucLiun Is hcre:uf shall be fixed in the resolution authorizing such assessmunt. Section 8. Duties of the board of Directors The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Completed Living Unit for cacti asueusntunt period at Least thirty (30) days in advance of such dace or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Assuciacion and shall be open to inspvc- 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, furniuh to any Owner liable for said =.tasessment a certificate in writing signed by an officer of the Association, sorting forth whether said assessment has been paid. Such certifi- cate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Non-Payment of Assessment: The Personal Oblige- tion of the Ownuri The Lied Remedies of Asaociation. 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 lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. T,te personal obligation of the then Owner to pay such assessment, how- ever, shall reqiain his personal obligation for the statutory period and shall not pans to his successors in.ticle unloss expresaly assumed by them. If the assessment is not paid within thirty (30) days after the de- 1Lnquency date, the assessment shall bear interest fr om the date of d elinquency at the rate of seven (7%) percent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to fare- close the lien against the property, and there shall be added to the amount of - 18 - such assessment till, costs of prepuriug and filing the complaint in such action, .. and, in the event a judgment is ubtained, such judgment shall include interuat on [he assessment as above provided and a reasonable attorney's fee to be fixed I' by 'the court, together with the costa of the action. Section 10. Subordination of the Lien to Mortgages. 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. Section 11. Exempt Property. The following property subject to thia Declaration shall be exempted from the assessments, charges and liens 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- lic use; (b) all Common Properties so 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 DUPLMS, APARTMENTS AND TOWNHOUSES Section 1. General Rules of Law to Apply. Each wall which is built as part of the original construction of the homes upon The Properties and placed on the',dividing line between the Lots shall constitute a party wall, and to the 1; extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negli- gent or willful sets or omissions shall apply thereto. - 19 - Section 2. Shniiuy of Re L it and Maintenance. Thu cost of reaoonable repair and maintenance of a party wall shall be shared by the Owners who make I use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or danwged by fire or other casualty, any Owner who ties used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negli- gent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who, by his negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appur- tenant to the land and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concern- ing a party wall, or under the provisions of thin Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitra- tor, and the decisions of a majority of all the arbitrators shall be final and conclusive of the question involved. ARTICLE VII ARCHITECTURAL CONTROL COMMITTEE _ Section 1. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon The Properties, nor - '20 - shall any exteriur addiclon Co or change ur alteratiunl therein be made until the plans and specifications allowing the nature, kind, shape, height, materials, and location of the same shall have been uubmitted to and-approved in writing as to harmony of external design and location in relation to uurrounding struc- tures and topography by the Board of Directors of the Association, or by an architectural conuuittee composed of three (3) or more representatives appointed by the Board. In the event said.Board, or its designated commiccee, fails to approve or disapprove such design and location within thirty (30) days after 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 conunenced prior to the completion thereof, approval will nor be required and this Article will be deemed to have been fully complied with. ARTICLE VIII EXTERIOR MAINTENANCE ui I Section 1. Exterior Maintenance, In addition to maintenance upon the j Common Propertles, the Association may provide exterior maintenance upon each Completed Living Unit which is pubJecc co assessment under Article V hereof, ail follows: paint, repair, replace and care for roofs, gutters, downspouts, exter- ior building surfaces, trees, shrubs, grass, walks, and other exterior improve- menta. Section 2. Assessment of Cost. The coat of such exterior mainten- once shall be assessed against ChL Living Unit upon which such maintenance is done and shall be added to and become part of the annual maintenance assessment 1 Aleerntions for the purpose of this seetion shall include, inter alia, the following:. The installation, painting and repair of any shutters; awnings, windowboxgs, doorsteps, stoops, porches, balconies, patios, and all'exterjor doors and' windows (including storm doors and windows), exterior carpeting, or other fixtures designed to servo a Living Unit but located on the exterior of said unit and shall require the submission to and prior approval of the Archi- tectural Control Committee. a, - 21 - . . ,. ur charge co which such Living Unit is subject under Article V hereof and, as port of such annual asuesamenc or charge, it s hall be a lien and obligation of the owner and shall become due and payable in all reupccts a s provided in Article V hereof. Provided that the Board of Directors of the AssociatLon, when establishing the annual assessment against each Living Unit for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall, thereafter, make such adjust- ment with the Owner as is necessary to reflect the actual cost thereof. Section 3. Access at Reasonable flours. Far the purpoau solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall 1w e 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 Declare- Lion 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 to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twelve (12) years from the dote this Declaration is recorded, after which time 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 in 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 situated'shall not be counted. Pro-. vided, however, that no such agreement to change shall be effective unless made and recorded three (3) 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. - 22 - .y Suction 2. Notices, Any nut ice required to he sent ro any Member or Owner under the proviaiuns of this Duclaration shall be deemed to have been .1 properly sent when mailed, postpaid, to the 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 tInvae covenants and restric- eione shall be by any proceeding at law or in equity against any person or par- none 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 the author- ities, of Upper Allen Township certain plans for the future development of the real property described in Article II of Chia Declaration and such additions thereto as may hereafter have to be made pursuant to Article II, said plane hav- ing been submitted in order to fulfill the requirements of township ordinances and the Pennsylvania Municipalities Planning Code. Said plane are on file with Upper Allen Township. The Developer may be required to make additional submis- aions of plans to said authorities. All such plans are part of the public con- trols imposed by the Township Board, the developers, owners, residence 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. The plans which the Developer has submitted to the township authorities represent a plan of development which the Developer believes will provide maximum benefice 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 which may threaten the benefits to be derived by Che resi- dents, owners and the public unless such plans can be modified as prescribed by the applicable township ordinances. Accordingly, Chia Declaration is not intended to nor does it grant or create any private property or contract rights under any - 23 - A of the above described plane and such plans continua to remain subject to nmdi- f icatioa by the proper township authorities in accordance with thu procudurus ..? set forth in the ordinances of the township and the Pennsylvania MunLcipalitLen Planning Code. Section S. Coordinarion of Finish Cradint; and LanJsrupinp Otera? To , Permit ttie coordination of finish grading and landscaping operations and the provision of permanent and/or temporary storm drainage facilities as developotent , work progresses from lot to lot, the Developer, a[ his expense, shall have the right to 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 drainage swaies beyond said ten (10) feet after title to a lot and the dwelling thereon has been transferred to another Owner. Section 6. Severabilfty? Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no wise affect any other provi4ons which shall remain in full force and effect. ALLENVIEW, INC. . ATTEST: By Jr1 resident -1-= Secretary ( .AL) 24 - CU,%HONWEALTII OF PENNSYLVANLA ) COUNTY OF Lc, ? ? On this, the -_? lay of / , G 198 j , LoFure me, ,a Notary Public, the undcraigued officer, personally appeared BENJAMIN L. BRENEMAN, President of Allenview, lnc., successor to Rreneman and 'Calabrese, known to ate (or satisfacturlly prove(l) to be the person whose name La subscribed to the within instrument, and that he uxecuted same for the purpose therein contained, I Notary Publjc c? My CaOaaisslon Expires: .2-V, /9 1 31 ... t 80111t1 of F ennsytanis ! Cuunp of Cumbenarla Rawroea In tip attlco far the traordktp of 0406 etc. in a a for Cumrmtytyd CoUr*. pIL doak wltne" my }std a" OQ oMloe' W CaAlale, Pa- j"d&ay ?ri r(.r 1,9? w : r i m ? o .. ?.. :•, :o ,.. „ •?_ • u -I rri LZ m /,dr `';:• aou?, 2137 7QF t ARTICLE I Definitions i Section 1. "Association" shall mean and refer to The Allenview Home Owners Association, 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 Residential Development, Stage I, 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 Prooerties" shall mean and refer to parks, play- grounds, swirzing pools, commons, streets, footways, including buildings, structures, personal properties incident thereto, and any other properties owned and maintained by the Association for the coranon 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, Mechanicsburg, Pennsylvania 17055, Cumber- land County. EXHIBIT -"B" :.1 ARTICLE ITI Mombershio Srction' 1. Every person or entity Oho is a record owner of a fee'or- undivided fee, interest in any Lot (or Living Unit) which is sub- jecc by covenants of record to assessment by the Association shall be a member of the Association, provided chat any such person or entity who holds such interest merely as a security for the perfo-Hance of art obliga- tion shall nor 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 j' of vaich as?tas?ents is iriposed against each owner of and becomes a lien upon the property ai;ninsC which such assessments•ar.e made as provided by .Arcfcle V of the Declaration of Covenants and Restrictions to which The Properties arc subject and recorded in Miscellaneous Book Volume 226,-Page 24, Office for recording of Deeds, Cumberland County, December 30, 1976, and which provide as follows: 1. Creation of the Lic•n and Personal Obligation of Assessments.- The Developer for each Lot (and Livi_r.g Unit) owned by him within The Properties hereby covenants and each Oim er of any Lot (a Living Unit) by acceptance of a deed Llierefor, whether or not is shall be no expressed in any such doed or ocher conveyance,'be deemed to'eovenanc and ag.ce to pay co the Association:. (1) dnnual .. ne:. .::::na?•n t.s or charges; (2) special ;,ssessmr.nts for capital improve- me•nts, such •ssessneM S to be fixed, established, and eolleccad from time to time as hercinafcer provided. The annual-and special as essmuncs, tugc•ther with such interest thereon and costs of collection thoreof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessnienc is made. Each such assess- ment, together with such interest thereon and cost of collection [Hereof as horeinai'ter 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. Puroose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of pro- moting the recreation, health, safety, and 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 hones situated upon The Properties, including, but not limited co:,. the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials,'ranabemenc, and supervision thereof. . 3. Basis and Mnxiru^ of Annual Asscssmeiits. From and after Janu- ary 1, 1979, ann,:al assessments cay be'7evied, said assessments shall be'leviecl and applied in accordance with Article V, Section 3, of the revisvd Declaration of Cuv_nancs and Restrictions recorded on the clay of _;• 19_, in Book Page , in Elie Recurder of Jtcds Office, Cumberland Councy. u -, s _.3_ s 4. 5 ecial Assessments for Capital Imnrovennents. In addition to the annual assessnznts authorized by Section 3 hereof, the Associatipn may levy in any assessment year a special assess- ment, applicable to that year or.?. v, 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 ir2rovement upon the Common properties, including the necessary.fixtures and personal property related thereto, pro- vided that any such assessment shall have the assent of two- thirds of the voC.es of each class of Members who are voting j- person or by proxy at a meeting duly called for this purpose, written novice of ::hick shall be sent to all ;;embers at least Chlrtf ' (30) days in advance and shall 'set forth tIte purpose of Che meeting. - • Y 5. Chance ir, Basis and Maximum of Annual Assessments. Subject } to the limitations of Section 3 hereof, and for the periods there- in specified,, the Association may change the maxi un and basis of the nnscs -r_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 Mcmbers who are voting in ;;aeon or by proxy, at a meeting duly called for thts purpose, written notice of which shall be sent to all N; mbers at 3•vast thirty (30) days in advance and shall set forth the Purpose or the moe:ing, pruvidrd rurthe.-. chat •• tlic limirat inns of Se.ctlc>ns 3 hvreof shall not apply to any change in the mnxi:num 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 Ar.cicles of Incorporation and under Article II, Section 2, 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, oz of proxies, entitled to cast sixty (60) per cent of all the votes of each class of membersliip shall constitute a quorum. If the required quorum is not £orchcor..ing at any meeting, another meeting 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 ore-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than silty (60) days following the preceding =ceting. , 7. Date of Co-=encc:-^ient of Annual Assessments: Due Dates. The annual assessments provided for herein shall c=mence on the date. (which shall be the first day of a month) fixed by the.Board of Din•clurs of the Association to be the date of coma,enccment. The first annual assussments shall be mate for the balance of ' clie c:ilehdar year and shaft become 'due trod payable on the day fixed Cur curinenccmer.t. the ns.^•rsrm::ats fur zny ycar,'aftcc the first -5- year, shall become due and payable on the first day of March of said year, jj The amount of the annual assessment which may be levied i fbr?•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 nu.•aber 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'hereaf cer added to the properties now subject to assessment at a time ocher than the be- ginning of any assessment period. The due date of any apecia/ 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 ....the Association shall fix the date of commencement and the amount of the assessment against each Lot (or Living Unit) for each assess- , '• _ .. :. ... - •.':?ment period of -at least thirty .(30) days in advance of- such date fl r period and shall, at that tire, prepare a roster of the prop- ctEics and assessments applicable 'thereto which shall be'kept in :the office of the Association and shall be,open to Inspection by. any Owner. t7ritton not.ice of the assessment shall thereupon by sent to "every Owner, subject thereto.' '.:The. Association shall _upon dam and at.any t•!mc furnish to any. y:.Owner .liable for -said assess%;:nt a :ccrtiFicate In cr St2ng signed " by an officer of the Association, setting forth whether said assessment has beeripaid. Such. certificate shall be conclusive ev.idence of payment of any assessment therein,stated to have been paid. 9. Effect o£ lion-Paynen t of Assessment: The Personal Obligation !I of owner; The Lien; Remedies of Association. If the assessments II i are not paid on the date when due (being the dates specified in , Section 7 hereof), then such assessment shall become delinquent ' I ?I and shall, together with such interest thereon and cost of col- lection [hereof as hereinafter provided, thereupon become a con- Ii tinuing lien on the property which shall bind such property in rep- the hands of the then O? ner, his heirs, devisees, personal- resentatives and assigns. The personal obligation of the then C:.•ner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his sue- !' cessors in title unless expressly assumed by them., 11 :. . If the assessment is not paid within thirty (30) days after it is the delinquency date, the assessment shall bear interest from the j' date of delinquency 'at the rate of six (6) per cent per annum, and .., ?'. the Association may bring an action at law against the Omer per- ','. .. '" sonally obligated to pay the sane or to foreclose the lien against i the property, and there shall be added to the amount of such assess- munt the costs of preparing and filing the complaint in such action, ' d in the oven[ a judt;m ne•is obtained, such judgment shall include an Ym., .. -7- interest on the assessmenc,gs above provided and a reasonable attorney's fee to be fixed by the court together with the costs of the action. 10. Subordination of the Urn to Mortgages. 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 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 offoreclosure. 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.assessnent. 11. °xemot Prooerty. The following property subject to this Declaration shall be exenpted 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 public use; (b) all Corson Properties as defined in Article I, Seccion 1, of the Declaration of Covenants and Restrictions; CO 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 land or improve- ments devoted to dWelling use shall be exempt from said assess- mencs, charges or liens. -S- A The Properties is- subect to a st in j ssessments under Article III, Section 2, vhethe; or not he be personally obligated to pay such assessments, may be suspended b•: zcCibn'of" the'Dii•ectors during the period when the assessments remain unpaid; 'but, upon payment, of such assessments, his rights and privileges shall be auto- natically 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 vi.o_ lation of such rules and regulations for a period not to exceed thirty (30) day= Section 3. The membership rights of any person whose in6e-e ARTICLE IV VOtinz -Rights Section 1. The Association shall have two classes of voting membership: class A. Class A raembers shall be all those owners as de- fined -in Article III, Section 1, of the Declaration..bf Covenants and Rescricrions, with the exception of the Developer. 'Class A mcvnbers shall be entitled to one voce for each.Lot (or Living Unic) in which they hold the interests required for'nembership l:y said Section 1. When pore than one per.-:on hold•s.sitch interest or intnrescs in any Loc (or Living Unit) all euch-Fersons shall -be; nrmbers, and the voce :for .such Lot (or Living Unit)• shall be "' ``rx+•i•ciscd ns Choy among chc•msr..lves'detcrmtnein*no event shall :none than one voce be c•:tst with respacc to a dy?such Lot (or ::Living Unit). . w . Law Offices SAIDIS, SHUFF & MASLAND A PROFESSIONAL CORPORATION John E. Slike 2109 Market Street • Post Office Box 737 Carlisle Ofrice: Robert C. Saidis Ceoffrev S. Shufi Camp Hill. Pennsylvania 17001-0737 26 w. High Street Albert H. Masland Telephone: (717) 737-3405 • Facsimile: (717) 737-3407 Carlisle. PA 17013 Johnna Richard J. P. Deily Mislitsky Email: 5?sm @ezonline.com Telephone: (717) 243 243.6222 .6486 Richard James E. Reid. Jr. Scott D. Moore August 24, 1.99 9 Reply To Camp Hill Karl M. Ledebohm Mark W.Allshouse Via Certified Mail and Regular Mail Robert and Marietta Wolf 811 Allenview Drive Mechanicsburg, PA 17055 RE: Delinquent Homeowner's Association Dues - 811 Allenview Drive Dear Mr. and Mrs. Wolf: The Allenview Homeowner's Association (the "Association") has referred to my office the collection of the delinquent Association dues regarding the above-referenced property. As a result of your default to make payment co the Association as required in the covenants and restrictions recorded it the Cumberland County Recorder of Deeds Office and the Association's By-Laws, the Association hereby exercises its right to accelerate all dues through December 31, 1999. The total due to the Association as of August 23, 1999, is $805.98, itemized as follows: 1. Dues to the Association for March, 1999 $ 195.00 2. Dues to the Association for June, 1999 $ 195.00 3. Dues for Third and Fourth S 390.00 Quarter 1999 3. Late charges $ 15.60 e, interest to August 23, 1999 S 10.38 5. Total Dues to the Association as of August 23, 1999 S 805.98 (Per diem -- $ .06) Demand is hereby made for the payment of the $805.98 to the Association within thirty (30) days of the date of this letter. In the evert you do not pay the above amount within thirty (30) Con Ged.neCi, I Tnul :W.ocute Sr the.N,umd Onard ui Tn al Adcncucy A Pcnn.,I,;,. a Supr-me Court,%c:Ndned Agency Exhibit "C" -1 ,. days of the date of this letter, in full, plus interest to the date of payment, I have advised the Association to bring a collection action against you. In such event, the amount which you owe to the Association may increase by such amounts as additional interest, court costs, sheriff's fees where applicable as well as any reasonable attorneys fees incurred by the Association. tzpat at BettyI F you ri no ck wan the sociation to sue you, please contact letter to arrange payment. n thirty (30) days of this Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained wi 11 be used for that purpose. An important notice of rights is stated on the back side of this letter. iCML/j as Very truly yours, SAIDIS; SNUFF & MASLAND Karl M. Ledebohm CC: Betty Fitzpatrick Property Manager ..i . NOTICE This letter is an attempt to collect a debt. If you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of the front of this letter. r? ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff IN '1'I-iE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. V. MARIETTA F. WOLF, Defendant CIVIL ACTION - LAW VERIFICATION I, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Allenview Homeowners Association, Inc., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ALLENVIEW HOMEOWNERS ASSOCIATION, INC. I Date: (C' L? c By' bBetty Fitz ick Property 1 ger I r8 V1 SHERIFF'S RETURN - REGULAR CASE NO: 1999 - 06752 P COUNTYCOMMONWEAOFLCUMBERLANDTH OF PENNSYLVANIA: ALLENVIEW HOMEOWNERS ASSOCIATI VS. WOLF MARIETTA F KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according was served to law, says, the within COMPLAINT the upon WOLF MARIETTA F defendant, a r- 19:17 HOURS, on the 15th day of November, 1999 at 579 BRIGHTON PLACE CUMBERLAND MECHANICSBURG, PA 17055 County, Pennsylvania, by handing to MARIETTA 'r]OLF a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 600 / Affidavi t .00 8.00 It. Surcharge omas ine, neri $? SA/D6%]9ggUFF & MA/SLAND by p-u?y- eri sworn and subscribed to before me this 13 c' day of u.? J 19 q--I A.D r t7?ono ary Y• ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. MARIETTA F. WOLF, Defendant TO THE PROTHONOTARY: IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6752 CIVIL ACTION - LAW PRAECIPE Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 1 /Z-/ GCD By `.,, "'w' arl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff cc: William E. Hiller, Jr., Esquire i?- G ;? '-f ?t? t- ._ •J ? ? ?) J: 1 !J ? )