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Home My WebLink About09-0156F:\FILES\Clients\12748 Locust WoodsU2748.1.Pra.enterJudgNote David A. Fitzsimons, Esquire I.D. No. 41722 Jacob M. Theis, Esquire LD. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LOCUST WOODS HOMEOWNERS IN THE COURT OF COMMON PLEAS OF ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 09- !SL ~tv~.l., FlL. CIVIL ACTION -LAW JAMES PARODA and CATHY CLENDENIN Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file the attached Judgment Note in the Cumberland County Judgment Index. MARTSON LAW OFFICES By: avid A. Fi ns, Esquire I.D. No. 41722 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Cazlisle, PA 17013 (717) 243-3341 Date: January 12, 2009 Attorneys for Plaintiff F:\FILES\C6ents\12748 Locust Woods\12748.LJudgmentNotel.wpd LOCUST WOODS HOMEOWNERS ASSOCIATION, v. JAMES PARODA AND CATHY CLENDENIN $1,815.78 Cumberland County, Pennsylvania D~ee~mbet' ~, 22. ~q~lvar-) oo`~ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08 - CIVIL TERM JUDGMENT NOTE For value received, Cathy Clendenin and James Paroda (the "Undersigned") promise to pay to the order of Locust Woods Homeowners Association, its successors or assigns (the "Holder"), in lawful money of the United States of America, at such place as the Holder may direct, the sum of $1,815.78, along with legal fees accruing after the date of this Note. Upon the occurrence and during continuation of an Event of Default (as hereinafter defined) the undersigned shall pay interest at the rate of 6% per annum. Such interest rates will accrue after any Event of Default has occurred. The parties agree that this Note may be recorded with the Cumberland County Prothonotary's Office and indexed accordingly. If an Event of Default, as hereinafter defined, shall occur, the entire unpaid balance of this Note together with interest and an additional $2,235.00, representing legal fees and costs paid by Holder as of the date of this Note, shall become immediately due and payable by the Undersigned, jointly and severally, without demand or notice, and the Holder may proceed to exercise its rights hereunder or otherwise accorded bylaw, and no failure to exercise any of its rights and no extension of time for payment on the part of the Holder shall be deemed a waiver of any such rights or of any default hereunder. The following shall constitute Events of Default hereunder: (a) Any breach of the Settlement Agreement between James Paroda and Cathy Clendenin and Locust Woods Homeowners Association, attached hereto and incorporated herein by reference; (b) Any proceedings in bankruptcy, receivership, reorganization or insolvency filed by or against the Undersigned; Page 1 of 2 (c) The creation of any other lien, or the issuance of any attachment, against the property of, or the entry of judgment against, the Undersigned; (d) Any material adverse change in the financial condition of either of the Undersigned, or that Holder believes impairs the prospect of payment of this Note; (e) Unemployment by either of the Undersigned; or (f) Holder believes itself insecure. This obligation shall bind the Undersigned, and the heirs, executors, administrators, successors and assigns of the Undersigned, and the benefits hereof shall inure to the Holder. Presentment, notice of dishonor and protest are hereby waived by the Undersigned. If any provisions hereof shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Note shall be construed as if such invalid or unenforceable provisions had never been contained herein. This Note shall be governed, as to construction and enforcement, by the laws of the Commonwealth of Pennsylvania. THE UNDERSIGNED HEREBY EMPOWERS ANY PROTHONOTARY, CLERK OR ATTORNEY TO ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WTfHOUT DECLARATION, TO CONFESS JUDGMENT AT ANY TIIvIE OR TIlvIES AGAINST THE UNDERSIGNED IN FAVOR OF THE HOLDER HEREOF FOR THE ABOVE SUM PLUS INTEREST THEREON FROM THE DATE HEREOF, WITH COSTS OF SUIT AND ATTORNEYS' FEES. THE UNDERSIGNED HEREBY RELEASES ALL ERRORS AND EXPRESSLY WAIVES ALL RIGHTS TO ANY STAY OF EXECUTION. WITNESS the due execution hereof the day and year first above written with the intent to be legally bound hereby. ATTEST: .~~/,~ ~~ .~,,, .~" Nath , ~q• J~ , Cathy Clen 'n ~ // ~.- awes Paroda Page 2 of 2 ~- ~' `From:WOLF & WOLF, ATTYS AT LAW 7172414437 11/11/2008 14:35 #088 P.002/005 . ~ . • ~. Ri\RI~.i=1[NenbN174* l.oer~~ Woo,N1117~R1.te1N~rW,rrrHw SE EMENT AC~HEEMEI~T THIS SBTf1.BMENT AGRSBMTsNT ("Agreeoaaant'~ is entered into tltia' day of November, 2008, by sad between Jameo Parody and Cathy Cleadeain and Looust woods Homeowners Association ("Association', as follows: A. The Locust Woods Homcowaere Association, created in 2002 in East Ppgnsbom Township puraueat to 68 Pa.C.$. §3101 et coq., collects duce in order to perlbrm limited maintenance and other administrative duties in connection with the Locust-Woods Condominium development. B. James Parody and Cathy Clendenin are ownere of the propaa~ty at 217 Wcat Locust Street, Enola, Pennsylvania, 17025. Said property is a condominium within the Locust woods Condominium development. C. Being legally eriaetod and incorporated late the deed to the subject property, the Locust Woods Deeleration of Condominium, the Condominit~n Rules and Regulations, and the Condominium Bylaws obligate condominium owners to make monthly dues payments. D. As early as 2003, cad continuing periodically thereafter, James Parody and Cathy Cl~ndeain rofusod to make certain monthly dues payments to the Aesoeiatfon as requited. because they had taken the position that the Association was reeponaible for the repair of contain deficiencies to common elements that tlto parties sow egret arc the reaponaibility of the builder. E. Oa January 30, 2008, the Association filed a oomplaiat before Magiateriel District Justice Richard S. Dougherty, claiming amounts of overdue dues paymaata. F. After Obtaining a default judgment against James Parody and Cathy Cleadenin on July 1, 2008, the Association agi~eed to vacate the judgment; Q. On October 14, 2008, a hearing was scheduled before Justice Doughertyc which due to the parties' last minute ne$vtiationa, was wntinuod upon the raluest of counsel for James Pamda and Cathy Clcndcaia. • H. The parties desire to reoolve amioably their claims without further litigation according to the te~nna sad conditions of this Releae®. NOW THEREFORE, for and in consideration of the promises contained herein, for other good and valuable consideration, the avff'iaiency of which io aclaw~vledged by the parties, and intending to be legally bound, the parties do hereby agree ao follows: • 1. Judament_xote: Jaynes Parody and Gathy Clendenin agree to execute the Judgment Note aitachod hereto and incorporated hereiA by referaace, and that such Judgment Note will be recorded in the Cumberland County Pmthonotary's Of'llce. • <; ;~rom:WOLF & WOLF, ATTYS AT LAW 7172414437 11/11/2008 14:35 #088 P.003/005 ,, .~ 2. Amount Due: As of October 3 i, 2008. the amount of peat a9sociation dues and reimbursable expenses owod by James Pagoda and Cathy Ciendenin is 51,813.78. which amount rofleots dues for the posiod between May 2007. and Saptesnber 2008, including monthly late fbee for that period. This amount dots not include any association dues or firms that may become delinquent alter such date. 3. PQVmani_Schedule: Each monthly ~ayment of dose owed by James Parodn and Cathy Ciendenin. shall be received in-hand by the 10 of cash month. Begiania~ the first month following this Asst, James Pagoda and Cathy Clendeain shall make as additional payment of 5113.78, and then an additional $100.00 for each of the following sevanteais months, so that the entire 51,813.7819 paid in ftiil 18 months following the execution of this Agreement. 4, : A breach of the Payment Schedule, as net forth im the preceding paragraph, will occur if the endre payment amount, both the monthly dues portion and the antiaragc portion, is not rccaivod in-head by the last day of the month in which such payment ie duo. 5, t ~~ w~ HOA Leiter: The Locust Woods Homcownora Association will, in return for the above, provido to the Undersigned a letter outlini~sg thou position in support of a subsequent action by the Undersigned against the buildaar of Locust Woods concerning dcfoctive grading on the Undersigned' a property. . 6, Vdl m Are at~d Kno 11 YecLtiOri. ~i'hls /4greQnCllt has been eXOCllteid YOluntarily and knowingly without dure9a, coercion or undue influence, with a full and free undaratanding of its farms, and alter receiving the advice of counsel 7. ~. This Agreement, along with the incorporated Judgment Note. sets forth the entire egrootpcszt of the parties with r~pact to subject matter contained herein. and may not ba modified or amasded except in writing, executed by all of the parties. There are no other agree:nar-ts (whether written or oral) batwocu any of the parties hereto that are in any way related to any of the matters contemplated in this Release. • 1N WTfNESS WHEREOF, the parties, intending to be legally bound hereby, have executed this Settlement Agremaesst on the respective dates indicated below, to be 've on the date $ret written above. Eileen Wood Pagoda Prwidcnt, Locust Woods HOA ~ ~',~ Date: NB7/ ~-s..ZUCI~' .~ 1~ • •~ ' .J T~.~ :\\i{•~ '~~. ~ +~ Mai\' il.~.N 11 w'•C•uY~. ~. ~} i. ~. :yY' :~ (... CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Nathan C.. Wolf, Esquire 10 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES By C ,pia D. Eckenroad /~ Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: January 12, 2009 l~ ~" ~ ~F_Yn ~ ~ ~ ~:- h ~~ ~ `=~~~: `- ~' ` `= . ,~ ~ A t..; ~ ~ ~ -~ ~. c ..~ /' rh ~, e.,.., V ~ y '1 `~ J ~ ~ ~, ~, ~ c A ro 4 O ~~ ~~Z a