HomeMy WebLinkAbout01-7095ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
Vo
DAVID E. BEITZEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
Vo
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - EQUITY
NOTICIA
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tien veinte (20) dias 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 corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - EQUITY
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. § 1601:
The undersigned attomey is attempting to collect a debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff
is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume the said debt is valid. If the Debtor notifies the
undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any
portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said
debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned
attorney within said thirty (30) day period, the undersigned attorney will provide Debtor with the
name and address of the original creditor if different from the current creditor.
SAIl)IS, SHUFF, FLOWER & LINDSAY
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - EQUITY
:
COMPLAINT
AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS
ASSOCIATION, INC., by its attorneys, Saidis, Shuff, Flower and Lindsay, and states 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 3512 Trindle Road, Camp Hill, PA 17011.
2. The Defendant, David E. Beitzel ("Defendant") is an adult individual who resides at
542 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania
17055.
3. The Defendant David E. Beitzel is the record owner of the real estate and
improvements erected thereon situate and known as 542 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 June 6, 1985
("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 the Allenview
Homeowner's Association (the "Association") and is governed by the By-Laws of the Association
(the "By-Laws"), a copy of the relevant portions of which is attached hereto as Exhibit "B" and
incorporated herein by reference.
5. Article V of the Covenants and Restrictions and Article III of the By-Laws, provide
that the owner shall pay annual and special assessments to the Association, which assessments are
to be paid in advance on a quarterly basis.
6. Each annual assessment, payable to the Plaintiff, is determined as set forth in Article
V, Section 3 of the Covenants and Restrictions and as set forth in Article III, Section 2 of the By-
Laws through the Association's Board of Directors with written notice of the assessment to be sent
to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and Restrictions.
7. Defendant is in default of his obligation to pay the fourth quarterly assessment for
2000 and the second, third and fourth quarterly installment of the annual assessment due for 2001
and as a result of such default the Association has demanded payment of the above assessments. 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 the fourth quarter of 2000 due on December 1, 2000.
b. Assessment for the first, second, third and fourth quarter of 2001 due on March 1,
2001, June 1, 2001, September 1, 2001 and December 1, 2001, respectively, in the
amount of Two Hundred Twenty-Three and 00/100 Dollars ($223.00) 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 Defendant has failed and refused to make
payment to the Allenview Homeowners Association of installments for the fourth quarter of 2000
and for four (4) quarters of 2001.
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 III, 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 his 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 Nine Hundred Fifty and 00/100
Dollars ($950.00). Defendant is liable to the Plaintiff for the following:
a. Fourth quarter of 2000: $ 123.80
b. First quarter of 2001: $ 223.00
c. Second quarter of 2001: $ 223.00
d. Third quarter of 2001: $ 223.00
e. Fourth quarter of 2001: $ 223.00
f. Late charges: $ 21.78
g. Legal fees $ 950.00
TOTAL DUE $1,987.58
WHEREFORE, Plaintiff demands judgment against the Defendant, David E. Beitzel, in the
mount of One Thousand Nine Hundred Eighty Seven and 58/100 Dollars ($1,987.58) together with
additional interest, attorneys' fees, expenses and costs of suit.
Date:
SAIDIS, SHUFF, FLOWER & LINDSAY
By / '
~;re~2 C o ~-t°I Dl~n~ 5E~(~}r e
2109 Market Street
Camp Hill, PA 17011
(717) 761-1881
Attorney for Plaintiff, ALLENVIEW
HOMEOWNERS ASSOCIATION, INC.
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, m~de this & 'day of ~
198 .~-', by Allenview, Inc., successor to Breneman and Calabrese, hereinafter
called Developer of Allenvtew Planned Residential Development, hereinafter called
AllenviewI located in Upper. Allen Township, Cumberland County0 Penaaylvania.
WITNESSETH:
WHEREAS, D~v~loper is the ovner of ~he real property described in
Article II of this DeclaratiOn and desires to create thereon a residential
community with permanent parks, playsrounda, open spacea,.and other con=on
facllAtiee for the benefit of the said conuuunity; and
,WHEREAS, Developer desires to provide for the preservation of the
values and'amenities in nald community and for the uuintenance of said parks,
playsrounds, open spaces and ocher common facilities; and, to this end, de-
aires to subject the real property described in Article II, tosether with ouch
additions es may hereafter be made thereto (as provided in Article II), to the
covenants, restrictions, easements, c~arses and liens hereinafter set forth,
each and all of which is and are for the benefit of said property and each
owner thereof; and
MIEREAS, Developer has deemed it desirable, for the efficient preser-
vation of the values and amenities in said community, to create an esency to
which should be delesated and aosIsned the powers of maintainins and adminia-
terin8 and enforcinS the covenants and restrictions and collectins and dis- ·
bursinS the assessments and charses hereinafter created; and
WHEREAS, Developer has incorporated under the laws of Co~.nwealth
of Penn~ylvania, as a non-profit corpo~ation, THE ALLENVlEW HOME OWNERS
ASSOCIATION, for the purpos'e of exercisinS £he functions aforesaid;
Exhibit "A"
h~q~, THEP~EFORE, the IkvolopeF declares that the reel property
described in Article ~ZZ, dad ouch additions thereto es my hereafter be mode
pursuant to Article Z! hereof, is end sbeZl be held, transferredo sold, con~
rayed end occupied subject to the covenants, restrictions, eesemute' cberses
end liens (sometimes referred to es "'covenants and restrictions**) hereinafter
sec forth.
A~RTICLE I
DEFINITIONS
'Section 1. The follovins ~ords, when used in thio Declaretion or
Iny Supplemental Declaration (unless the context shall prohibit), shill hove
the £ollowins meanLnss:
(a) *'Association', shall mesa end refer Co the &llenv/evHome-
o~mers Association.
~b) *The Propertie~'* shall Men end refer to all such existinS
properties, end additions thereto, es ere subject to thio Declaration
or any Supplemental Declaration under the provisions of Article Il
hereof.
(c) '~onuon Properties" shell mean end refer co only those
eries of lend sho~n on any recorded subdivision plat of The ProPerties
end intended co be devoted to the cannon use sad enJo~nent of the
o~ners of The Properties, end may Include the lend and Improvements
for streets, easements, parka, playsrounds, avimins pools, pedestrian-
ways, and any buildinsa~ structures or appurtenances incident thereto,
subject to the reservations contained Ln Article IX, Section 4 hereof.
, (d) "Lot" shall Men and refer to any plot of lend sho~m upon
any recorded subdivision map of The 'Properties with the exception
of Cannon Properties es heretofore defined~
~ (a) *'Livens Unit" shall moan end refer to shy portion of ·
bui'ldins si~ated upon Tile Properties deafened and intended for uae
and occupancy es o residence by · ainsle family.
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(f) '~ompIetnd ~tvtnS UnLt" shelZ mean end ~efar to
POrtion of a build/ns situated upon ~he ~roperties daslBned end
intended for use and occupancy as ·resLdence by a sinsle f~mily
for vhich on occupancy permit has been received frou the appro*
pr/see tovnship official.
(S) "$insle Family Detached Duellin$' shall mean · butldin8
used by one family, havinS Only one livin$ unit and tvs side yardi.
(h) '$Lnsle Family Semi-Detached Dvell/n$' shell mean · buildq
ins used by offs family, hovins one liv/flS unit and one aide yard
end one percy vail in common rich another bulldin8.
(i) 'Slnsle Foully Attached Dvellin$ (Roy)' shall mean a
bulldAns used by one family and havinS one livlns unit end
party valle in common rich ocher bulldinso (ouch es Covnhouoes).
(J) 'Haiti-Family Dvellins'* shall mean a bulldlnl used by three
or more families livin8 independently of each other and deans their
sun cookins, includins apartment houses, or Covnhousas.
(k) **01~lerfl shall aeon smd refer Co tho record avast, vhether
one or nero persona or entities, of the fee simple title to any Loc
or Llvins Utile situated upon The Properties0 buCo notvtthotandins
any applicable theory of the mortsase, shall nsc mean oF Yefer to
the morcsssee unless sad until such morcsasee has ,cquired title
pursuant co foreclosure or any proceedin$ in lieu of foreclosure.
(1) e~ember' shall aeon and refer Co all those Ovners vho ere
members of the Association as provided in Article lll, Section
hot'eof.
(m) "Developer, shall mean and refer Co Allenviev) Inc.o
successor co Breneman and ¢olebrese. and Co ouch ocher person or
lesal entity to vhom Allenvieve Inc., successor to Breneaen and
Calabrese, expressly asoisn the rishts of the Developer herein in
vritin$.
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ARTICLE II'
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO
Section 1. Existin~ Property. The real property which ia, and
shall be held~ transferred, sold, conveyed, and occupied subject to this
Declaration is located in Allenview~ and is more particularly described as
Stain III, Section D and E, Townhouae Plots Nos. 11, 12, .13, 14, 15, 16, 17
and 18, all of which real property shall h~reina£ter be referred to aa
"Existing Propertyft. ~
Section 2. Restrictions~for Use and Development. The Lots out-
lined on said plots for Stage III, Section D and E, shall be subject to tha
f~llo~rlni restrictions:
(a) Land Use and Buildina TFpes, The land shall be used and
buildin~s of the followin$ type and no other shall be designed,
erected, maintained and occupied on said lots: 'Sin$1e Family
Attached Dwelling (Row)"..
(b) Bulldin~ 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 Hi. Allen Drive,
Hertzeler Road, exterior boundaries of Allenview, a building
setback of not leas than fifty (50) feet shall be maintained. Ho~-
withstanding the above an unoccupied open space shall be designed,
landscaped and maintained in the front, Side and rear yards of each
Lot, the depth of which shall be not less than shorn on the recorded
Final Subdivision and Land Development Plan.
(c) Outdoor Storage Areas. Firewood, bicycles, la~n mawersf
garden tools, furniture and all other ~uch articles shall be stored
in arena appropriately located on the Lot to the rear of the dwelling
and;garage, and set back from all Lot lines as mentioned a~ve and
screened from all streets, side and rear Lo~c lines, with a structure,
shrub~ or hedge, in a location and manner approved by the Architectural
..Control CormitCee.
(d) Completion.. All dwellings and garages shall be completely
finished on the exterior and all grading and seeding shall be done
v/thin one (1) Fear of the otsrt of~onscruction or 8round bresk/~s.
Any excess earth or sround from soy construction shell be tb prop*
erty of the Developer end shell be removed by the Lot o~ner st his
expense to s piece dealinoted in the developeent smd determined by
the Developer.
(e) Fences, Hedlea and Shrub-. Fences. bodies' smd shrubs shell
not be erected, planted or maintained in the obeys required Ford
spaces or alerts the Lot lines of on, Lot unless approved by the
Architectura! Control Committee.
(f) Sight Distance. All trees, shrubs e~d structures shall he
located and Minteined so thet the alSht distance fr~ vehicles Lo not
obstructed st oil street smd drlvevsy intersections.
(S) .perkins Spaces. Hot less then t~o (2) improved perkins
spaces (10' x 20') shall be located on the some Lot is each Llvin~
Unit.
(h) Easements. All Lots smd Lot O~nere ere subject to all cove-
manta, restrictions, rish~s-of-way smd easements of record, es ~el!
subject to all present or future aoain8 ordiaooce$ or buildia$ re8ule-
Clans of the ?o~nahip of Upper Allen,. Cueberland County, Pennaylvsniso
(i) Nuisances. No noxious or offensive sctivitF shell be
carried sa upon say Lot, nor shell enythin8 be done thereon ~hich~F
be or may become en annoyance, nuisance, or of aesthetic de~a&s to the
nelshborhood, nor upon soy street in Allenview.
(J) Temporary Structure~. No temporary d~ellinss shall be
erected or maintained on any Lot~ Gorasee. basements or any temporary
structure shall not be used for human habitation. No prefabricated
construction or otherwise, or any concrete slob foundation shell be
permitted unless specifically approved.in vriCinS prior thereto by the
Developer. Ho trailers, motor homes, tents, shocks, barns or
or any type of outbuildins, unle., previously approved in vritins by
the Developer. shell be erected on any Lot, nor perked on · street in
Allenvie~.
(k) S_A~. No siRn o~ shy kind shall be displayed to publrc
advertLsLns the property fat sole or rent, or siSns used by · builder
to edvort/se the property durinS construction omi/or the orisfnel sole
period.
(l) ~/vestock end Poultry. An/mole, livestock or poultry,
ceptins houNhold pete, shal! not be reised, bred or kept on any Lot.
Household pets may be kept, provided thby ere not kept, bred or mot~-"
to/ned for Shy comerciel purposes. Hocvithstondins the above, ch,
nGn~c~merc/el ~eepins of horses or ponies for the recreation use by
~the Ovner of · Lot vii! be peru/iCed on Lots of flve (5) acres or more,
ox provided in Section 2(o) hereof. An accessory structure shol! be
pernLtted on x LOt o;:ly vhen approved by th Architectura! Control
Co~uittee.
(m) ~srboKe and Refuse Disposal. The Ovners of all Lots shall,
a~ their expense, connect to the public sever end voter system. No
Loc shol! be used or maintained os · dumpLns 8round for rubbish. A!l
trash, Rsrbxse or other vests4 shell be kept In oenitory conteinera end
placed Ln specified locetione for collection. The burnins of trash,
debris end leeveo shell not be permitted on · LOt.
(n) gelo~ of i)vellin~ ConotFuctio~:. Should tho Owner of any
LO~ not construct o'home v/thin ~ne (1) year of the purchase of sold
Lot, then ~he Lot O~ner must seed end maintain the Lot as es not to
detract from the overall development.
(o) Architectural ~ontro! Gommtttel,. The' O~ner of · Lot shall
not connence construction of · dvellins, Sarose, or any other per-
mitted structure until the Architectural Contra! ¢onnittee has re-
~vieued and approved the proposed plan shoulns the type of structura
,to be placed on sold Lot. The pr~vlsions of thio section sho!l not
..'apply to De,eloper dur~nf orlaine! construction.
(P)'~. Street llshta of a uniformdeslfn abel! be
installed throuihout Allenviev under the supervision of the Developer
omi the ArchitectUrel Control Committee*
'
LnetelXed underlround vhere fessible.
Section 3. Additions to ExLoCLns Property. Additions! lendl may
cone subject co thio Decleretion in the follovSnS udnner:
(e) Additions tn Accordence v/Ch the TenCeCive. Develo.~e~t
SteKe Fish. The Developer, its successors end essiSne, shell hove
the r/sbt to brlnS v/thin the scheme of this Decleretiou edditionel
properties Ln future steBes of the dbvelopuent, es Benerolly outline~
on the TenteCLve Development end SCeSlnB Plen deted Februery 25, 19800
~nd flied of record Ln the Off/ce of the Recorder of Deeds~ln end for
Cumber!sod County, Pennsylvenle, in Plen Book 25l, st Pose 737.
Sold Tencst~ve Develo~nent end Stesins Plen outlines the pro~osed
odd/clone to the Exist/nB Property end con,sloe:
(L) · senerel indlcetion of size end locet/on of the
eddic/oriel steses for deveZopment of the follovin8 uses end
buLldtn8 types:
STAGE !!Z - Sinsle Fondly Deceched Duellinse
Sins~le Fem/ly Senl*Detsched Dve~!lnse (Duplexes)
SLnsZe FsmLZy Attsched Dvel!/nss (Tovnhoueee)
ApsrCments (3-story GsFden T~pe);
(2) the sppFoxLmate size end locetlon of coumon properties
reserved for dedLcst/on vLth eech itsse;
(3) the 8eners! nsture of proposed conmou fecLliCiee end
Improvements, Lnc~udLns the provLs/ou of improved ~lrd spices
end not ~ess then tvs (2) /mproved PerkLns'epeces requLred to
serve~e~! LivLns Un/to, lncludLns the Apertment end Tovnhouee
properties;
(~) · ststement Chic the proposed nddLCLone, if made,
become subject Co ssoeosmenC for their Just shore of Associetiou
expenses; sod
(5) · schedule for termination of the Developer's rlBht
under the provision of chis sub*0ection Co brios additional de-
veZopmenC BOsses violin the scheme.
- 7-
Unless ocherviat stated tharein~ said ?entacive Development and
StoSLnS Plan shell nsc bind the Developer, ice 0ucceoaor0 and aaatSneo
Co make the proponad nddlCLons or Co adhere to cbs Plan in any aubna-
quant development of the land ahavn thereon end the Tentative Develop-
menc and SCaainS Plan contains a conspicuous statement Co thio effect,
The additions authorized under chis end Cb aucceedins eUboaec-
Clan ahol! be made by fllin8 of record o Final Subdivision and Idnd
Development Plan for each SCaBs end a Supplbmoncary Declaration of
Covenants and Restrictions rich respect Co the additional proporcy.
~1,~ location and orrensemenc of bulldinle,, otraatea yards end
open apace and the size and bulk of bu~ldinsa es indicated on the Ten-
taCLve Development end SCa$1n8 Plan may be amended, revised, mitered
or chensed subject Co :he approval of Upper Allen Tovnahlp provided,
hoverer, chat the use of the lend shall be limtced Co one or more of
Cb vithin de0cribed residential bulldins types.
Such $upplementaF~ I)ecla~aCion may contain ouch complementary
addition0 end modifications of Chi covenants end restrictions conca~ned
in Chis Declaration aS ney be necessary Co refract the different char-
~ccer, If any, of'the added properties end aa are nsc lnconalaCenC rich
tho scheme cf thio Declaration. Zn no event, hoverer) ahab! ouch SuppZe-
moncar~ Declaration revoke, modify or odd Co Cb covenants established
by Chis l)eclareCion viChin £he ExiaclnS Property.
(b) pcher Addtcio~. Additions ocher chon those authorized by
sub-section (a) herein may be made upon approval in vr~C~nS of the
Association pur0uanC Co approval by a Cvs*thirds (2/3) vote of each
class of membership, as described' in Article SlX, Section 2. The
Ovne~ of an~ property vho desires co odd tC Co the oche~e of Chis
Declaration and to subject lC C~ the Jurisdiction of the Aaaociac~ona
.me¥~flle or record a $upplemoncery Declaration of CovenanCa end le-
oCr~cCiono, so described in oub0ecCion ia) hereof.
(c) Hergers. Upon a merger or consolLdacion of the AaeocieCLon
v~ch a~ocher association as provided in ica Articles of Incorporation,
/ca properties, rlahc0 and obliiations My, by operation of lay, be
-8-
transferred to another aurvivLn$ or coneolLdatod association or0
ternatively, the properties, rights omi obligations of another asso-
ciation may, by operation of
and obligations of the Association aa · surviving corporation porsuout
to · merger. The surviving or coneolideted ·eeoctationMy administer
the cerements end restrictions established by thio Declaration within
the Existing Property, Cosether with the covenants and restrictions
established upon any other properties.aa one scheme.
or consolidation, however, shell ~ffect any ravocation, choose or addle
ties to the covenants est,bilobed by this Declaration within the Exist-
ins Property except os hereinafter provided.
ARTICLE
I~:HBERSHIP AND VOTING RIGHTS IN THE ASSOCIATIO~
Section 1. Nemberehip. ~very person or entity who ia a record O~ner
of a fee or undivided fee in any Lot which ia subject by covenants of record to
assessment by the Association shall b~ a member of tho AssesS,ties, provided
that any such per·on or entity who holds such interest merely as a security for
the performance of on obllssCion shall not be a member.
of voting
Section 2.
membership:
Voting Rights,
The Association shall have t~o ciao,es
Close A. Close A members shall be all those Owners as defined
in Section I with the exception of the Developer. Claes A members
shall be entitled to one vote for each Lot (or LIving Unit) in which
they hold the interests required for membership by Section 1. l~hen
more chon 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 amens themselves
determine, but inns event shall more than one vote be cast with re-
spect to any such Lot (or Living Unit).
Class B. Clans B members shall be the Developer. The Class B
member shall be entitled to three vote· ~or each Lot in which it
hold· the interest required for member·hip by Section I (and for
every Living Unit in any Nulti-Femily Structure owned by it until
ouch Unit is first sold), provided chat the Class S membership shall
cease and become converted to Class A Nemberohip on the heppenin$ of'
say oR the following events, whichever occurs earlier:
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(a) vlJen the tot,l vo~:e, outstanding in the Ciasa A
ueabershLp equal the total vats. o~tstandin
the rials a membership;' or
(b) .even (7) yoera from the dace hereof,
From and after the happening of these event., vhichever occurs
earlier, the Class B u~mber .hall be deemed to
~cLt~e~ %o ~ ~te tot e~h ~t (or L~vtns ~t) In ~tch it ~ldo
the interests required for mmberohip u~er Section
(For pur~oeo of de~e~lnlfl8 C~ votes allowd under th~a Sec-
Cion).vhen Llvinf Unite are counted, th ~C or ~to u~n ~fch such
LAvins Units are situated ohall ~c be oounted.)
ARTICLE IV
~_~ROPERTY RIGHTS ~N THE CO~DN PROPERTrF,~
Section 1. .Hembers' Easements of En~o~ne~l. Subject to tho provisions
of Section 3, every Hember shall have a right and easement of enjoyment in and
to the Co--on Properties end such easement .hall be appurtenant to and .hall peon
rich the title or lease to every'Lot (or Llvins Unit).
Section 2. ~itle to Common Propertie . NocvithscandinS any provision
herein, the Developer hereby covenants, ~or itself, its heirs and aa. lama, that
it .hall convey es Cannon Properties the follovins:
(a) Rights-of-uny and es.emerita for oCr.ecs, sanitary severe
and atom draiflasevsya rich completed improvements in plaCe Shall be
constructed in accordance with the applicabl· provisions of UPper
Allen Tovnshlp) and shall be offered for dedicetion to Upper &lZen
Tovnahlp,
(b) The title to commn open space for parks, recreation and
other common facilities vith improvemant, in placa .hall be trans-
ferred to the Association under the condition Chic the &aeociacion
shall have or hire adequate .tiff co administer common facilities and
· maintain the co-~_~n open ap.ca.
~ (c) 'Easements for water, electric, telephone, television, and
'ocher utility services, shall be provided to ch. respective ap.racial
companies.
- 10-
Section 3, ~xtenC to Nember~* Easement!. The riShtl and oeseemnta
of enJoyuunC created hereby shill be subject to the follovin~:
(s) The r/sbt of tho &esociotion, in accordance v~th its Artic~eO
of lncorporetion end By-Lays, to hurray money for the Imrpose of
provtns cbs ¢ousn~n Properties smd Ln aid thereof to mortsese said prop*
ercies. Xn the event of a default upon shy such martials, the lenderOo
rlshts hereunder shall be limited to · rlsht, after tskin8 possession
of such properties, to cherse edmission~ and ocher fees as · condition
to continued enJoymonc by the membt~s end, if necessary, to open
enjoyment of. such pro.riles to · vids'r public until tho mortSsSe debt
ia satisfied, vhsreupon the possession of such properties shall be 're*
turned co the Association and ali FiShes of the Members hereunder shall
be fully restored; smd
(b) The rlshc of the Association Co cake steps as ere reason-
ably necessary to protect the above*described properties oSainct fore-
closure; end
(c) The rlshc of ~he Association, es provided in los Articles and
By*Lays, co suspend the onJ{ymonc fishes of enyJ4ember for any period
duties'which any assessment remains unpaid, end for any Poriod not Co
exceed thirty (30) days for any infraction of lC0 publiohe,4 rule0 end
reEulecions; and
(d) The rishc of the Association co chares reesoneble admission
and ocher fees faf the use of the Cnnnon Properties; end
(e) The rlshC of individual 14embers to the exclusive use of
perkins spaces ss provided in Section & hereof; smd
(f) The rlsht of the Association Co dedicate or trsncfer eli or
any parc of the Common Properties CO any public aSency, authority, or
utility for such purposes smd subject to such conditions, es may be
~ esreed co by the 14embers, provided that no such dedicetion or transfer,
determination ss co the purposes or ss co the conditions thereof0
be effective unless sn instrument sisned by 14embers entitled Co cost
~wo-chirds (2/3) of the votes of each ciasa of membership has been
recorded, osreeLns to ouch dedication, trOnlfar, purl)oil or ¢ondLcLon,
end unless vr/~t·n notico of the proposed esr··amnt end ectLon there-
under La oeec to every Plember at least ninety (90) doyo Ln advance of
any action to be token. It Ls underatood and oSroad that no ouch public
asency or authority lo obllsoted to accept any ouch dedication or trina*
for; and
(S) Zn the event that the *esocistion ~hell, et any tim, foil
to maintain the co_._-~ n proportion under tis JurLedLctton tn reaeonoblq
order and condition Ln accordance vLth the development plan, Upper Allen
TovnshLp may serve vrLttsn notic· on the A!eocistion or the Ovners
settles forth the manner lo vhLch .the Association has foiled to maLn~
tole the co~non open specs Ln reasonable condition; and said notice
aholl include a demand that ouch deficiencies of maintenance be cured
v~thLn thirty (30) days thereof and shall st·to the date and piece of
a heorLnS cbereon vhLch shell be held vLthtn fourteen (l&) days of tho
notice. At ouch hen%ins, the TovnehLpmaymodLfy the terms of the
orlslnal notice es to the deflcieecies ·nd nay Siva on extension of
tLma vithin vhtch they 'shall be cured. Zf the deficiencies oat forth
Ln the original notice or the modification0 thereof oh·Ii not be cured
vLthLn o·Ld thirty (30) days or ·ny extension thereof, the TovnahLp,
L~ order to preserve the taxable values of the properties vLthLn &tlen=
vLe~ and prevent the coE~on open space from becomLns · public nuisance,
may enter upon sold co~-~n open space and maintain the same for I par-
Lad of one year. Said entry and maintenance abel! not.vest in the
public any rLshte to use the cannon open specs except vhen the eom
Lo voluntarily dedicated to the publLc by tho residents and Ovnare.
Before the expiration of sold year, the TovnehLp shall, upon Lis
~n~tLative or upon tho request of the Al0ocLotLon call · public be·r=
Ln~ upon notice to the Association and Ovnera to be held by tho Toys-
ship, st ~h~tch he·rioS such AaoocLatLon and Ovnere ohol! shay cause
uhy ouch maintenance bY the Township IhOll not,.'.st th election of
the Tovnship, continue for · auccsndins Ye·r. Zf tho ToWnship shall
- 12-
de~end, na thae ~he Association Ls reedy amd ob~e ~o Bila~oLa aaAd
co~g~u ot~n epics Ln · reis·noble condition, the Toy·shOp shall cease
to mol·thin s·Ld co~uon open' specs st the end of sold y·or. Z£ the
Township oh·Il deterutne the As·sci·t/on Ls not ready and able to
mol·tel· aaLd cabman open ·pace Ln · reasonable co·dill·u, the Town*
ahLp My, et Lta discretion, continue to udLnt·lu sold cannon open
· pace durtns the next succeedins yesr sad, subject to · sL~tZor holE-
ins and doleful·etlon, Ln each year thereafter. The decision of the
Toy·ship in ·ny such cos· oholl~con, titute · f/nil ochLnistritivo de~
cisLon subject to indicts! review,
The coat of ouch udLnZenance by the TovniKip ·hal! be assessed
ratably as·init the properties v/thin Ails·v/er tbet hove · r/iht of
enJo~nent of the canaan open specs ·nd shall become · Lex lien on sold
properties, Said assessments or chorsea oh·l! be subordinate Ln lien
to the lieu of shy uortssse or uortseseo on the property which Ls sub-
Ject ko ouch oaoeaouento or ch·rsea resordieoa of when sold ~ortsoSe
or uortseses were crc·ted o£ when ouch ·osco·me·ts or charse· accrued,
provided ouch subordination shell apply only to sssessments or ch·fSi·
that hove bec·us Peyobl· prior to the Peaeins of title under foreclosure
o! such mortsase or mortsnsea and the transferee shall not be l/obis
for payment of shy assessments oF chorse~ eccruLnS prior to sold fore-
closure; but ··thins herein shall be held to effect the r/shOo herein
siven to enforce the collection o! ouch assessuents or chorses ·ccru-
ins oiler sole under foreclosure of ouch moFtsaSe or marts·sea; ·nd
provided, fu£ther, that such chirseo Iccruins oiler sole shall oleo be
subordinate in lieu to the lien of ·ny fu£ther mortsose or uorCsoseo
which ore placed on property subject tc ouch assessments or chorses,
with the intent that no. ouch ch·rEel shell et any tLue be prior in
lieu o! any marts·se or mortsosea wh~tsoever on such property. Tho
Toy·ship, st the time o! enterinS on sold cannon open opec· for the
purpose Of mot·tens·ce, shall file · notice of ouch lien in the ·illin
of ~he 'Pr·th·not·Fy of the County on the pr·pert/es affected by ouch
lien within the planned residential development.
- 13-
Section &. Perkl~ RlShts, The A~socistion shall maintain upon the
Common ProPerties eC l~ast cvs (2) perkins spaces for each LIvlns Unit In areas
developed uith Tovnhoueee and Apartments. Subject to reasonable rules and con-
ditiona, the Association shell deoiSnaCe ac least t~o (2) porkins apices conven-
Iently located vith respect to each LlvtnS Onic for the exclusive uae of the
Members reeidins therein, their families end 8meets. The use of such space by
any otherBeuber or person uwy be enjoined by the Association or the beb~ra
entitled thereto, The rlsht co the exclusive use of such perkins space and to
ice Beincenence and deslsnetton by the Association shell be appurtenant to and
shell peso ~lth the title to.each Livin~ Unit.
ARTICLE V
~OV~IqAHT FOR HAINTEt4ANCE ASSESS~f~HTS
Section I. Creation of the Lien and Personal ObliBetion of Asmesmmen~so
The Developer for each Couple£ed *Llvlns UniC armed by him within The Properties
hereby covenants and each Owner of any Completed L/rims UniC by acceptance of a
deed therefor, vhether or not it shall be so, expressed in any such deed or other
conveyance, shall be deemed to covenant end saree to pay to the Association:
(l) annual assessments or charges; (2) special assessments for capital improve-
Bents) loch assessments Co be fixed, established, end collected from tlBe 'to time
ne hereinafter provided. The annual and Special assessments, CoseCher vith such
interest thereon and coats of collection thereof, aa hereinafter provided, shall
be · charse on the land and shell be a continuing lien upon the property asainst
vhich each such aoaeaamenC ia made. Each such assessment, tosether rich ouch
interest thereon smd cost of collection thereof, as hereinafter provided, shsl!
~lso be the peraoneX oblisation of the Person who was the Owner of such property
at the ClBe vh~n the aaaeaeBent fei! due.
SeCtion 2. Purpose of Assessments. The*assesSments levied by the
Association abel! be used exclusively for the purpose of promocinI the recreation,
health,, safety and ve£fere of the residents in The Properties and Xn perticul·~
o 14-
for the improvement end maintenance of properties, services0 end facilities do-
voted to thio Porpooo end related to the use and enJo~uent of the Careen l'rop-~
ertieo and of tho homes situated upon The Properties, lncludins, but not limited
to, the Poyuent of taxes and insurance thereon and repair, replacement end nddi-
tiono thereto, and for the cost of lobar, equipment, materials, menesements end
supervisions thereof,
Section 3, Jssis of Annual Assessments, The Association, throush
its Board of Directors, shell fix the annual assessment per lot based upon the
estimated cost of corryins out the reeponsl~ilities of tho Association, There
shall be t~o types of annual assessment as foilers:
(s) G~nersl assessments applicable to oil record ovners of
upon vhich are constructed sinsle-fsmlly or tvs-family dwllinse,
Covnhouses, apartments and condominiums. Said properties shall be
assessable for the follovins purposes only:
(l) The lavas smd plantins os outlined on the Final Sub-
division Plans under the title of Cannon Open Space,
(2) The sidevelks end Pedestrianvsys in the public fishes*
ofovoy easements end ~n common open space as outlined on the
Final Subdivision Plans,
(3) Outdoor ILshtin8 in public ri~hto*of*uey smd on coumou
properties.
(4) Essential improvements m ch os drive0, oinLtez7 severe,
voter lines, fire hydrants, storm severe, fences,, siena and other
facilities essential for the use end meintenance of Common Prop-
eFt/Os.
(5) Recreation facilities ouch os Ivimmin$ Ix)olio tennis
courts, plsysround equipment, picnic fecL1LtLeo end Iny struc-
tures or appurtenances related thereto.
(6) L/ability and Property Donates Insurance relstinS to
the afOrementioned Cannon Properties.
(7~ 'Capitol Reserves os deemed necessary for replacement
of the aforementioned Cannon Properties.
- 15-
(8) Trash Collection Service.
(9) l~oflegesmnC Services,
(b) Limited ·ss·moments applicable only to record o~osro of
1tvXn$ units in Stage 2-5 - 54 to.house·, Stage 3-B - 106 townhousee,
Stase 3-X - 52 ·pertments or condominiums, sad Stase 3-C - 36 ·pert-
meats or condominiums. Such limited assessments shell be assess·bls
for the folloving purposes ·nd shell be on addition·l aoeeossmn~ over
end above that provided under Section 3(a) above:
(l) Perk/ns lots ·nd related /uproveMnto. %~
(2) l~.vns and plsntins.
(3) Exterior of Courthouse sad apert~ent buildings.
Limited assessments shall not be applied sS·Last property o~ners of
s~nsle-fomlly or too-family dwell~nss.
Section 4. Speci·l Assessments for Capi~al Improvements. In ·dditiou
to the annu·l aaa·son·nCo authorized by Section 3 hereof, the Association u dy
levy in any.assessment ye·r · special assessment, applicable to th·t ysar only,
for the I~rpooe of defroyLn$, Sn whole Or 'in part, the coat of any constructSou
or reconstruction, unexpected repair oF*replacement of · descrllMd capitol
pray·meat upon the Cannon Properties, including the necessary fixtures and per-
aeon! property related thereto, provided that any much eaoeaamnt shall have the
assent of two=th~rds (2/3) of the votes of each class of Members who are voiles
in person or by proxy at a me·tins duly celled for 'thio purpose, vritten notice
of which shall be sent to ell Members at least thirty (30) days in advance and
· hall set forth the purpose of the meeting.
Section 5, Change In Basis and Nsximum of Annual Assessments,
Subject to the limitations of Section 3 hereof, end for Ch· periqds therein
apectfied~ the Association may change the maxiuum and basK· of ch· aaa·anneals
fixed by~SectSon 3 hereof prospectively for ·ny*such period provided that any
ouch chapge shall h·ve the assent of t~o-thirds (2/2) of the votes of e·ch
cl·ss of Members*~ho Ire voiles tn person or by proxy, st · matins duly celled
fo~ this purpose, written notice of ~h~ch shall be sent to all J4eubers at leas~
- 16-
thirty (30) days in advance and shall let forth the purpose of the matins,
provided further that the limitations of Section 3 hereof shall not apply to
any cheese An the 'meximum end baals of the assessments undertaken al an incident
to · merest or consol/delian in which th~ Association La author/zed to Partici-
pate under Lis Articles of Incorporation smd under Article Il, SectiOn 2, hereof·
Section 6. ~uorum for Any Action Authorized Under Sections 4 sad
~he quorum required for any action euthoriesd by Sections & end $ hereof shall
be es follows:
At the first Matins called, as p~ovtded in Sections & and $ hereof,
the presence at the meetins of Hembera, or of proxies0 entitled to cast sixty
(60%) Percent of ell the votes of each class of membership shall constitute a
quorum. If the required quorum is not forthcomins aC anne eating, another meat-
in8 nay be called, subject to the notice requirement set forth in Sections ~ and
5, and the required quorum st any such subsequent meetinS shall be one-half of
the required quorum st the precedins meetins, provided that no such subsequent
meetinS shall be held more then sixty (60) dsyl followtnS the precedins meetins.
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 assessments shall be mede for the balance of the
calendar year smd shall become due end payable on the day fixed for commence-
mane. The assessments for any year, after the firlt year, shall become due
and payable on the first day of Hatch of said year.
The amount of the annual assessment which may be levied for the bal-
ance reuainins in the first year of assessment shall be an amount which bears
the ss~e relationship to the annual assessment provided for in Section 3 here*
of as the remaininS number of months in chat year Leer to t~elve. The some
du~tio~ in the amount of the assessment shall apply to the first assessment
levied sSsinst.sny property which is hereafter added to the properties nov sub-
,ecl to assessment st s came other than the besinnins of Shy assessment period.
- 17-
The due dire of any spec/il Issessment under Section & hereof shell
be fixed in the reeolutioh euthorieins such esSellment.
Section 8. Duties of the Boird of DirecCori. The Bolrd of Directors
of the Asiociition ohel! fix the dote of connencenent ind the iuount of the
assessment eseinet elch Completed L/vino Unit for each Issessment period et
lilac thirty (30) days in edvince of such dice or period end shill, et thor
tiM, prepare · roster of the properties sad assessments epplicsble thereto
vhich shill be kept in the office of the Assoc/s~ton Ind shell be open to inspec-
·
tion by Iny O~mer.
Mritteo notice of the eseeesaent shill thereupon be sent to every eerier
subject thereto. *
The Association shell, upon denund, it iny time, furnish to any Ovner
liable for sold sssessment · ce;'tificlte in vritinS stsned by en officer of the
Ailocietion, martins forth vhether ll~d assessment his been Paid. Such cirttfi-
cote shill be conclusive evidence of Pe~ment of any assessment therein etetid to
hive been Paid.'
Section 9. Effect of Nonopoyment of Assessment: The Personil Obliao-
tion of the Ovner~ The Lien; Remedies of Association. If the loleeonents ere not
pied on tho dice when due (beths the dotes specified in Section ? hereof), then
such Iseeesment shill become delinquent Ind shill, tosether vlth such interest
thereon end cost of collection thereof, Is bare,miSter provided, thereupon be-
come s conttnuins lien on the property ~hich shell bind such property in the
hondo of the then O vnet, his heirs, devisees, personal representatives
lesions. Tho personal oblisetion of the then OvneF to Pey such assessment,
ever, shall remain his pereonll oblis~tion for the scitUtory Period ind shell
not piss to his successors in title unless expressly Issumed by then.
; If the sssessment Ii not paid vithin thirty (30) days astir the de-
linquency',~dete, the eelelsment shall bear interest from the date of delinquency
· or the race .of seven (7%) percent per innun, and the Assocl&cion nay brim8 in
action it lsv ISsinit the Ovner Personolly obliiaCed to pay the eom or Co fore-
close the lien eSainit the property, Ind there shell be'ndded Co the ameunt of
o 18-
ouch os·ess·eot the costa of pr·per·ns sod fl!Lng the co·pt·Lot Ln ouch ocli·#,
end, in the event s Judgment So obcsined, ouch Jud~nent shall lncluds lnteres~
on the assessment as above provided end · reasonable attorney's fee to be fixed
by the court, together with the costa ~f the oct·on.
Section 10. Subordination of the Lien to NortRawe,. The lien of
es·seam·nra provided for herein shall be omb·rd/nots to the lien of any mortsoSs
or mortseseo now or h~reefter placed upon the properties subject to oas·sam·ok;
provided) however, that such subordination shall apply only to the sas·sam·nra
which have become due and payable prior tars ao~e or transfer of ouch property
pursuant to · decree of foreclosure) or any other proceed·ns in lieu of fore-
closure. Such sale or transfer shall not relieve such property from liability
for soy ess·sam·ets thereafter b~comin8 due, nor from the lien of any such sub-
.sequent assessment.
Section 11. Exempt Property. The following property subject to this
Declaration shall be exempted from the assessments) charges sod liens created
herein: (a) ell properties tO the extent of any easement or other interest
therein dedicated and accepted by the local public authority and devoted to pub-
lit uae; (b)'el'l Common Properties ss defined in Article I, Section 1, hereof;
(c) all properties exempted from taxation by the laws of the Cam·nme·lib of
Pennsylvania, upon the terms end to the extent of auoh legal exemption.
Notwithstanding any pr·visions herein, no Completed Living Unit devoted
to d~elling use shall be exempt from said assessment) charges or liens.
ARTICLE VI
PARTY MALLS FOR DUPLEXES, APARTI~NTS AND TOMdHOUSES
Section 1. Ceneral Rules of Lay to Apply. Each wall ~hich is built
sa pert of the original construction of the homes upon The Properties end placed
on the d~viding line between the Lots shall coflatitute a party wail, and to tho
ext~ht not inconsistent with the provisions of this Article, the general rules
of low resardinS party wails and of liability for property damage due to negli-
gent or willful acta or omissions shall apply thereto.
- 19-
Section 2. Shertn~ o.f Rep0tr smd Mstntensnce. The cost of reeson~ble
repoir end Mlntenence of o Potty vail shsll be shored by the ~mers ~ho mike
use of the moll in proportion to ouch use.
Section 3. Destruction by P~re or Other Casualty. If · party well ii
destroyed or demised by fire or other ~esu<y. shy O~ner Mbo hie ~sed the well
My restore it, end if the other Ovuers thereefter udke use of tim roll. they
shell contribute to the cost of reotorstion thereof 1~ proportion to such use
vithout prejudice, howver, to the rilht of shy such O~nere to cell for · lorser
contribution fTou the other& under fey rule of lov resordlns li,bllity for nelli-
lent or uillful ects or omissions.
Section 4. Weecherprooffn8. HotvithstsndinS eny otherprovision of
thio Article, enO vest who, by his nesZlsent or villful oct, ceuoeo the Potty
veil to be exposed to the elements ohsll beer the vhole cost of furnishinl the
necessary protection essinst ouch elements.
Section $. Right to Contributio~ Runs vith l~nd. The risht of say
Ovner to contribution from say other Om~er under this Article shell be eppur;.
ten~nt co the lind omi shell peso to such Ovner'l successors in title.
Section 6. Arbitration. In the event of eny dispute orisOnS concern-
ins · percy well, or under the provisionf of this Article, eech Potty shell
choose one erbitrotor, sad such orbitretors shell choose etd edditionsl erbitreo
esr, end the decisions of s MJority of ell the erbitretors shill be final iud
conclusive of the question involved.
ARTICLE VII
ARCHITKC~URAL CONTRgL COI~41TT~
g?ction 1. Review by Counittee, No b~ildinl, fence, well or other
· ·'etrnctnro shell be commncedo erected or Minteined upon Th~ ~rop~rtieso nor
,J
shall any exterior addition to or change or alterationI therein be node until
the plans and specifications oh.rims the nature, kind, oh0pe, height, meterl6ls,
and l.cotton of the some shall have been submitted to end approved Ln vritln~
'sa to harmony of external design end location Ln rotation to surroundinB struc-
tures and topoBraphy by the Board of Directors of the Ass.clarion, or by on
architectural committee composed of three (3) or more representatives appointed
by the Board. In the event sold Board, or /ts desLBnated committee, fell0 to
approve or disapprove such desLBn a~d l.cation uLthin thirty (30) days after
%
sold plane smd specifications have been submitted to it, or Ln any event, If us
suit to enjoin the addition, alteration or change has been c.nuanced prior to
the completion thereof, approval vii! not be required and this Article vii! he
deemed to have been fully compiled vith.
ARTICLE VIII
EXTERIOR NAIHTEHANC~
Section 1. Exterior 14a,~ntenence. Iu addition to maintenance upon the
Cousnon Properties, the Association may provide exterior maintenance upon each
Completed Liv~ns Unit vhlch is Subject Co assessment under Article V hereof, os
f. Il.va: paint, repair, replace and care for roofs, Butters, dounspouta, exter-
ior buildtns outfaces, trees, shrubs, Braes, yolks0, smd other exterior improve-
Section 2. Assessment of Cost. The cost of ouch exterior mainten-
ance shall be assessed sseLnst the Living Unit upon ~hich such maintenance is
done end shall be added to and become part of tho annual maintenance assessment
I Alterations for the pur~ose of this section shell include, inter elis, the
foLlowlnB: The installation, psintinB end repair of any shutters, avnLnss,
vindovboxes, doorsteps, stoops, porches, balconies, patios, and all exterior
.doors end windows (including storm doors end w~ndovs), exterior carpeting, or
o~her fixtures designed to serve · Living Unit but located on the exterior of
· eo~d unit and shell require the submission to end prior approve! of the Archi-
textural Control Co~nLttee.
- 21-
or cherla to which ouch LSvlns Unit lo 0ubJect under Article V hereof and, as
pert of ouch annual a0oaoiBenc or charla, St shall be o lien and obl/sation of
the O~ner and oh611 become due and payable in all raspocto ia provided in
Article V hereof· Provided thee the Board of'Directors of the Association,
eateblishins the annual eo0eosmenc sisinet each Livin8 Unit for any s0sessuent
year es required under Article V hereof, My odd thereto the estimated coot of
the exterior m~lntenence farther year but shell, thereafter, Mb ouch
Bent ulth the Owner aa is necessary to reflect the actual coot thereof.
Section 3. Access et Reasonable Hours. Par the purpose Solely of
perfornin$ the exterior maintenance authorized by this Article, the
throuih its duly euthorised asents or employees, shell Ju;e the rlsht, after
reasonable notice to the Owner, to enter upon any Lot or exterior of any
Unit et reasonable hours on any ~ay except Saturday orSundey.
· ' ARTICLE IX
GENERAL PROVISIONS
Section 1. Durstion, The cove~sflt0 and restrictions of thio Declara-
tion shell run with end bind the land, and shall inure to the benefit of and be
enforceable by the Developer,'the Association, or the O~ner of any lsndsubJact
to this Declaration, their respective lessl representatives, heirs, successors,
and eoslSno, for · ter~ of tvelve (12) years from the. dote this Declaration is
recorded, eater which time said covenants shell be autowtically extended for
successive periods of ten (10) years unless on instrument sassed by the then
Owners of t~o-thirdo (2/3) of the Lots has been recorded, asreeins to choose sold
covenants and restrictions in whole or in F~rt. Par purposes of meetlnS the t~o-
thirds requirement, when Completed LlvinS Units ere counted, the Lot or Lots
upon which ouch Completed Livlns Units ere situated shall not be counted. Pro-
vided, ~ow~ver, thee no such asresnent to chanse*shall be eff~ctive unle0s m~de
and recorded three (3) years in advance of the effective dote of ouch choose,
end unless written notice of the proposed ssreemnt ii sent to every O~mar
least ninety (go) days in.advance of any action taken.
Section 2. Hottces. Any notLca required to be lent to.any ~enber or
Ov~ar under the provisions of this becloretion shell be deemed to hove been ·
properly sent vhenmotled, postpaid, to the last knovn address of the person~vho
appears se ~ember or Ovner on the records of the Association st tbs tim of ouch
u~LlIns.
Section 3. Enforcement. Enforcement of these covenants end restric-
tions shell ba by eny proceedIns et lev or In equity soother any Person or Per-
sons vtoXotLns or ettempttnS to violate soy cerement or restriction, etcher to
%
restreln violation or to recover demises, jnd spinet the Zend to enforce soy
lien created by these covenants; end foLlure by the Aseoctetton or eny Ovner rs
enforce eny cerement or restriction herein ~ontatned ehal~ Ln no event be deemed
a velvet of the rtsht to do so thereafter.
Section 4. Reservetion. The Developer hal eubmtttnd to the euthor*
Lttee of Upper Alien ?ovnohlp certain pIons for the future development of
real property described In Article X! of this Declaration sod ouch additions
~hereto es Bey hereefter have ~o be mode pursuant to ArticXe IX, laid
Ins been submitted Ln order to fulfill the requirements of tovnohLp ordtnoncee
end the ~ennsTlvonie Huntctpelt~teJ PlannLni Code. SoLd p~ans are on file vLth
Upper Allen Township. The Developer me~ be required to make addltLordl 0uixiLeo
siena of plens to sold authorttlea. All ouch plene are pert of th9 public con-
troXs Imposed by the Tovnsh/p Board, the developers, ovners, residents end users
of the project and they do nor crests, and ore not Intended to create, eny private
property or contract rtihta Ln the ovners end residents of the project. The plant
vhlch the Developer has submitted to the tovnshlp euthoriCiee represent · p~m of
develoixnent vhLch the Developer believes ~tll provide mexlmum benefits to
residents, o~neFs end the public. Durlni the ex~ended development preston, ham*
ever,, various factors con Intervene vhlch wy hinder the effectiveness of such
lo.n$-ronie plans and vhlch moy threaten the benefits to be derLved by the reeL*
denr~,, o~ners and the public' unless such plans con be mod/fled as prefcrlhed by
the 'eppliceble covnshIp ordinances. Acco~dinsly, this geclerotion is not intended
to nor does Lc Stent or crests any private property or contract riShts under
of the above described pJans and si~ch plane continue to remaln subject to modi-
fication by the proper township authorities in accordance with the procedures
est forth in the oridnancee of the townehip and the Pennsylvania Hunicipalitiee
Planning Code.
Section 5. Coordination of Finish CradtnR and Landsca. pinff
Operations. To permit the co~rdtnation of finish grading and landecepin8
. operations and the provision of permanent and/or temporary storm drainage
facilities as development w~rk progresses from lot to lot, the Developer,
et his expense, shall have t~e right to change, alter, modify and/or re-
vise the finish 8rads end so complete lendscape work o£ the yard within
ten (10) feet of any lot line and in drainase swalee beyond said zen (~0)
feet after title to a lot and the dwelling thereon has been transferred so
another O~mer.
Saczion 6. Severabilit¥. lnv~lidation of any one of these
covenants or reetrict~one by Jud~ent or Court Order shall in no way
affect any other provisions which shall rmmin in full force end effect.
ATTEST:
' ~' ' *( Secretary
(SEAL)
-24-
COI~'~N~JE<R Ol~ PENNSYLVANIA )
: SS~:
cou h"x'Y o~ )
On thL,, the ~4~ dmy of,~t~__, before me, . Not,ry
Pub[Lc, She under*Lined offLcer, perion, l[¥ ,ppe,red BENJAMXN L. B~NEflANe
Pre~[dens of A[XenvXep. Inc., .ucceaIor Co Breneawn end C, Xlbrele) known
so me (or ietilf,cCorXly proven) so be the perlon vho.le n,me XI ,ublerLbed
the ~LShLn LnaSrumea~ ~d shec he executed e,me for she purpome ShereXn
cont. Lned. ~
,
ARTICLE I
Definitions
Section 1. 'Association'.shall mean and refer to The Allenview
Home 0~.-ners A.ssociation, 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 Associatio~by annex-
ation as provided in Article VI, Section 2, herein.
Section ] "Co,.-~on ' "
· Properties shall mean and refer to parks, play-
grounds, swimming pools, commons, streets, footways, including buildings,
structures, personal properties incident thereto, and say other properties
o~med and maintained by the Association for the co,non benefit and enjo)~ent
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-
l~nd County. ~ :
ARTICLE III
~em~b'~ r ship
-"J .... ~ 'Sec'tio~ Every person or entity Oho is a record owner of a
fe'e ~'r:u~d~v~ded 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 6bligation
of which as.~c:ssments is imposed against each o'-,ner of and becomes a lien
upoq the property against which such assessments.are made as provided by
.Article V of the Declaration of Covenants and Restrictions to which The
P.roperties are subject and recorded in Hiscellaneous Book Volume 226,. Page
24,. Office for Recording of Deeds, Cumberland County, December 30, 1976,
'and which provide as follows:
1. Creation of the L~en and Personal Obl~$ation of Assessments..
The Developer for each Lot (and Living Unit) owned by him w~thin
The Prol~erties hereby covenants and each O~ner of .any Lot (or
Living Unit) by acceptance of a deed ~herefor, whether or not it
shall be so expressed in any such deed or other.conveyance,'be
~eemed t'O' covenant and agree to pay to the Assoc.iation:. (1) anneal
'' '~ '' a~;Sw:;:;In,'nLS or charges; (2) .~'pcc~al ;,s:;essments for capital ~mprove-
mc. nLs, such assessments to be fixed, established, and collected
f' ..' - from time to time as hereinafter provided. The annua~ and special
nsscssmunts, .Logcthe: with such interest thereon and costs of '
..... c'6Zlection tboreo£ as hereina£ter provided, sha~l be .a charge
on t~e ~and and sha~l be a Continuing lien upon the ptopetty
againsc~w~ich each suc~.assessment is made. Eac~ such assess-
ment, togeche~ with such incecest c~ereon and cost o~ collection
'*'~ :':':'C'~e:eo~ as ~e~eina~t&: p:ovided, s~a~l a~o be the petsona~
obligation o~ the person w~o was c~e Owner o~ such ptope:cy
the time when the assessment ~el: due.
2. Purpose of Assessments. The assessments Zevied by the
~' Association shall be used exclusively ~or the purpose o~ pco-
mooing c~e ~ec~eation, ~ealth, safety, and wet~a~e o~ :he ~esi-
dents in The Properties and in particular' for the improvement and
maintenance of properties, services, and facilities devoted
this purpose and related to the use and enjoyment of the
Properties and of the homes situated 6P0n The Properties, including,
but not limited to~, ~he p'aymenc of taxes and insurance thereon and
repair, .replace~i~en~, and additions :hereto, and for the cost
~abor, equipment, n:aterials~'~amagemen~, and supervision thereof.
3. Basis and Hnx~m~m of Annual A~sessme6ts. From and after J~nu-
ary 1, 1979, ammal assessments'~*~y be'~evied, said assessments
:"' ..... s~'~ be' fevi~.d aad applied in accordance with Article V, Section 3,
of the revisc, d D~.clara:ion of Covenants and Res:fictions record&d
on the day uf .... ;' [9 , in Book
Page , in the Recot'der of Deeds Office, Cumberland County.
~. Special Assessments for Capital [mprovements. In addition
to the annual assessments authorized by Section 3 hereof, the
Associat.i~n may levy in an)' assessment ycara special assess-
merit, applicable to that'year only, for the purpose of defray-
lng, in whole or in part, the cost of any construction or re-
construction, unexpected repair or replacement of a described
capital improvement upon the Common Properties, including the
necessary.fixtures and personal property related thereto, pro-
vided that an)' such assessment shall have the assent of two-
thirds of ~he vot.es of each class of Members who are voting in
person or by proxy at a meeting duly called for this purpose,
writtcn no:~ce of which shall be sent to all Members at least
thirty (30) days ~n advance and shall 's. er forth the purpose of
the meeting.
5. Chan~e in 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 maximum and basis of
the ;~:;sess.-.~_nts fixed by Section 3 hereof, prospecLively for'any
such period provided tha~ any such change shall have the assent
of two-th~rds of the votes of each class of Members who are..
voting in ;~:rson or by proxy, at a meeting duly ~:;~lled for
purpose, written not,ce of which shall, be sent to all Members at
.... ]:~.'s:.~'t'thir~y (30) days in·advance and shall se~ forth the purpose
..... ':~ '""~* ' 'of 't]~c meeting, prov~d¢.d further, that the l~m~ta~ ipns of
3 he. re. of $~.~11 not apply to .any change in the m,nximum and.basis
":'"" 6'~ the assessments undertaken as an fnctdent to a merget'ot
consolidation in which :he Associat~on is authorized to partici-
............ pa't~ under its Articles of Incorporation and under Article II,
'-:: .... ; '' ' 's:ection 2, of the Declaration of Covenants and Restrictions.
6.' 9uorum for Any Action Authorized Under Sections 4 and 5. The
quorum required for any action authorized by Sections & and $
hereof shall be as follows: At the f~rst meeting called, as
provided in Sections & and 5 hereof, :he presence aC the meeting
of ~lembers, or of proxies, entitled to cast sixty (60) per cent
o'f all the votes of each class of membership.shall constitute a
quorum. If the required quorum is not forthcoming at any meeting,
anoCh(~r meeting may be called, subject to the notice requirement
set forth in Sections 4 and 5, and th'e'required quorum at any
such subsequent meeting shall be one-half of the req6ired quorum
at the preceding meeting, provided that no such subsequent meeting
shall be held more than si~ty (60) days following the preceding
meeting.
7. Date of Commencement of Annual Asscssments: Due Dates. The
annual assessments provided for herein shall cormence on the date
(~hich shall be the first day of a month) f~xed by the~Board of
Dircclors of the Association to be ~he date of commencement.
: The first annual assessments shall be ma~e for the balance of
"~ ; ' t:ii;e c;~]~}~dar year and Shal*l become 'dtic ~{nd pa).a'~le on ~he day fixed
'for comme~cc.met~t. The ns~osfmefiCs for auy )-ear,'a'fter the first
-5-
year, shall become due and payable.on t~ first day of March
of said year. .. ..
The amount of the annual assessment ~hich may be levied
~fb~ath~-balance remaining in'the £irst year of assessment shall
b~ an amount which bears the same relationship to the
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-
meat 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 special assessment under Section 4 hereof
a.hall be fixed ~n the resolution au'thorizing such~assessment.
. '8. .Duties of the' Board .of Directors. The Board of Directors of
'...th'e ·Association shall fix the date of commencement and the amount
-.. ,of the assessment against each Lot (or Living 'Unit) for each a~sess-
.":~ent period of.~t least ~hirty .(30) days in advance of' such date
· ..~r'period and shall, at that ti~e, ~repare a roster of the prop-.
· "" ':: ,:'~,"'L' "4';~:~r~ies' and assessments appliCable"~hereto which ·shall -be 'kept in
"~'Zhe office of the Association and shall be·open to inspection by.
· ' .~;r'~ttcn.. no~.ice, o'f the assessment sh~ll t~hereupon., b~ sent to
· :.'-~very Owner subject thereto.'
: . :.~': ~ ?:,~,!~- : ;The As'socia~ton ~hall upo,~ demand at.any time furnish to any
'~ ..... .' 1;3- an officer of the ASsociation, setting forth whether said
assessment has been'~aid. Such. certificate shall be conclusive
evidence of pa)~ent of any assessment therein ,stated to have
o
been paid.
9. Effect of Non-Payment of Assessment: The Personal Obliga{idn
of O~-ner~ The Lien; ;Remedies of Association. If the assessments
are not paid 'on the date when due (being the dates specified in
Section ? 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-
tinning 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 pets'opal obligation of the then
Owner to pay such assessment, however, shall remain his pe.rsonal
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 (~0) days after
the delinquency date, the assessment shall bear interest from the
date of delinquency %t the ~ate of six (6) per ~ent per annum, and
the Association may bring an action at law'against tKe 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 i:l [il~ even~ a juclU,,,~on:' is obtained, s~ch judgment shall inc]ud
' ' interest on the assessment.s above provided and a reasonable
attorney's fee to be fixed by the court together with the costs
of the actio6~' -.
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 be-
come due and payable prior to a s~ie 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. Exempt Property. The following property subject to this
Declaration shall be exempt.ed 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 pyblJc use; (b) all Co~=non
Properties as defined in Article I, Section 1, of the Declaration
~f Covenants and Restrictions; (c) all properties exempted from
'taxation by the laws of the Commonwealth of Pennsylvania, upon
the terms and to the extent of such ~egal exqmption.
' ~'~ ~"~- Notwithstanding any provf~ions"he~ein, no land or tmprove-
'"~"~ '''m~d~s devoted to dwelling use shall be exempt from said assess-
ments, charges or liens.
-8-
Section 3. The membership rights of any person whose interest in
The Properties is:subject to a~essments under Article III, section 2, whether
or not he be personally obligated to pay such assessments, may be Suspended by
'but, upo~ payment' of such assessments, his rights and privileges shall b~ auto-
maritally restored. If the Directors ha~e adopted and published rules and
regulations governing the use of the common properties'an~ £acilities, and the
personal condu¢.t 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) day:
ARTICLE IV
Voting Rights
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 I'II, -'Section 1, o'f the Declaration..bf Covenants
· ','-,'Class A
and Restrictions, with' the exception 'of the Develope,r
members ghall be entitled 'to one vote for e.aCh. Lo~'~i(or Living
Unit) in which they hold the i. nterests requ"ired for'"'~embership '
by said Sect:ion 1. l~hen more than one per,,;on hold~"siich interest
or jOlt:rests in any Lot (or Living Unit) a]ljsuchlPersc~ns shall
'~ :"be;ml~mbers, and the vote,for .such Lot (or.Living Ufii t). .shall be
'"' '-'~x~.Pclsed as. they :,mong themselves 'determine'., 'bdt in':'no ~vent
~: >.. ' .'.:..
shall more than one vote be c'~Jst with respect t6 ady."such Lot Cot
:; Living Unit) ..... '~ :'" '
:. ii · : ' .. i: .," ' ·
-. . '.' .... :1/..-....~
JAMES D. FLOWER
~OHN E. SHKE
ROBERT C. SA/DIS
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL 1. LINDSAY
JOHNNA I. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
LAW OFFIr'~.q
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) m7-3405 - FACSIMILE: C717) 737-3407
EMAIL: attomey~sfl-law.com
www.ssfl-law.com
CARl .I.qLE OFFICE:
26 W. HIGH~
CARLISLE, PA 17013
TEI.h'tI>HONE: C717)243.6:>99
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
October 12, 2001
VIA CERTIFIED MAIL, RETURN RECEIFF
REQUESTED AND REGULAR MAIL
David Beitzel
542 Allenview Drive
Mechanicsburg, PA 17055
RE: Delinquent Homeowner's Association Dues-
Property 542 Allenview Drive, Mechanicsburg, Pennsylvania
Dear Mr. Beitzel:
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that
this letter is an attempt to collect a debt and any information obtained will be used for that
purpose. An important notice of rights is stated on the back side of this letter.
The Allenview Homeowner's Association (the "Association") has referred to my office the
collection of the delinquent Association dues regarding the above-referenced property. The total
due to the Association as of October 10, 2001, is $939.58 itemized as follows:
Dues to the Association
for December, 2000
$123.80
o
Dues to the Association
for March, April and May, 2001~
Dues to the Association ~
for June, July and August/2001
/
Dues to the AssOciation'
for September, October and November, 2001
$223.00
$223.00
$223.00
Exhibit "C"
5. Late charges $ 21.78
6. Legal fees $125.00
Total Dues to the Association
as of October 10, 2001
$939.58
Demand is hereby made for the immediate payment of the $939.58 to the Association within
thirty (30) days of the date of this letter. In the event you do not pay the above amount within thirty
(30) 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, sheriffs fees where
applicable as well as any reasonable attorney's fees incurred by the Association.
If you do not want the Association to sue you, please contact Betty Fitzpatrick at 612-5165
within thirty (30) days of this letter to arrange payment.
KML/tmh
cc: Betty Fitzpatrick
Property Manager
Very truly yours,
Certified Fee
Return Receipt Fee
L J1 (Endorsement Required)
(Endorsement Required)
~3
r"l
r'-I
Here
JReciplent~ lyame .(~lease print Clearly) (to be completed by mailer)
..................................................
.....
'~i~.'§',-~Y~.*.~/~-~--' - -;' ............... ~ .................................
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired. ,
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the rnailpiece,
or on the front if space permits.
A. Received by (P/ease Print Clearly) B. Date of Delive
[] Agent
X [] Address
I. Article Addressed to:
n item 17 i--lyes
[] No
3. Service Type
~Certified Mail [] Express Mail
'~ ~registered ~l~eturn Receipt for Merchandir
[] Insured Mail [] C,O,D,
4. Restdcted Delivery? (Ext/a Fee) [] yes
2. Article Numbe~' (Copy from service label)
'70o6 o oo
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-~.095
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
Vo
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - EQUITY
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.
Date:
ALLENVIEW HOMEOWNERS
ASSOCIATION, INC.
Betty~ ~a~c[ - -
Prope~Z~anager
I~£C ! ? 200!
SHERIFF'S RETURN -
CASE NO: 2001-07095 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AT,L~NVIEW HOMEOWNERS ASSOCITAT
VS
BEITZEL DAVID E
REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
BEITZEL DAVID E the
DEFENDANT , at 1730:00 HOURS, on the 3rd day of January , 2002
at 542 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055
DAVID E. BEITZEL
by handing to
a true and attested copy of COMPLAINT - EQUITY
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.80
Affidavit .00
Surcharge 10.00
.00
35.80
Sworn and Subscribed to before
me this ~ day of
~,_~ ~L~ A.D.
~ ~rothonotary
So Answers:
R. Thomas Kline
01/04/2002
L0W R LINDS
ALLENVIEW HOMEOWNERS ASSOCIATION
A PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
Vo
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-7095
:
: CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned proceeding in favor of Allenview
Homeowners Association, a Pennsylvania Non-Profit Corporation, Plaintiff, and against Defendant,
David E. Beitzel, in the amount of One Thousand Twenty Nine and 85/100 Dollars ($1,029.85),
plus interest in the amount of 6% per annum from the date of Judgment and additional legal fees
and costs of suit through the date of payment. Judgment is entered pursuant to Pa. R.C.P. 3031 for
failure to file an Answer on behalf of Defendant, David E. Beitzel, to Plaintiffs Complaint within
twenty (20) days of service thereof and after a 10-day Notice was sent.
Respectfully submitted,
Date: March 5, 2002
SAIDIS, SHUFF, FLOWER & LIND.~2[Y
/Karl ~ Ledebohm, Esquire
/ 2S ~[;mMea~e°tU~tr~t~ 59012
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
I hereby certify that a notice of intent to take a default judgment was forwarded to Benjamin
L. Whitehill by United States Mail, First Class, postage prepaid on February 11, 2002. The
aforesaid notice was contained within an envelope bearing the remm address of the undersigned.
The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the
notice and Postal Form 3817 is attached hereto and marked Exhibits "A" and "B",~resj~y.
K~),gl.VLedebbhm, Es~/mre
ALLENVIEW HOMEO\ ,ERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
DAVID E. BEITZEL,
Defendant
: IN THE.COURT Ot' COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-7095
:
:
:
: CIVIL ACTION- LAW
IMPORTANT NOTICE
TO:
David E. Beitzel
542 Allenview Drive,
Mechanicsburg, PA 17055
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOLrLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Date:
Respectfully submitted,
SAIDIS, SHUF~., FLOWER & LINDSAY
By: / Karl M. Ledebohrfi, Esquire
! Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
ALLENVIEW HOMEOWNERS ASSOCIATION
A PENNSYLVANIA NON-PROFIT
CORPORATION,
Plaintiff
Vo
DAVID E. BEITZEL,
Defendant
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-7095
.
.
: CIVIL ACTION - LAW
NOTICE OF JUDGMENT
TO:
David E. Beitzel
542 Allenview Drive
Mechanicsburg, PA 17055
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that
this letter is an attempt to collect a debt and any information obtained will be used for that
purpose.
You are hereby notified that on .]Q~j/~ "~ ,2002 the following judgment
has been entered against you in the above captioned case: t
Judgment in favor of Allenview Homeowners Association, a Pennsylvania Non-Profit
Corporation, Plaintiff, and against Defendant, David E. Beitzel, in the amount of One Thousand
Twenty Nine and 85/100 Dollars ($1,029.85), plus interest at 6% per annum from the date of
Judgment and additional legal fees and costs of suit through the date of payment. Judgment is
entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, David
E. Beitzel, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day
Notice was sent.
Dated:
Prothonotary
I hereby certify that the proper person/entity to receive this notice under Pa. R.C.P. 236 is:
David E. Beitzel
542 Allenview Drive
Mechanicsburg, PA 17055
A David E. Beitzel
Por este medio se le esta notificando que el __ de __del 2002, el/la siguiente (Orden),
(Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de
residencia:
David E. Beitzel
542 Allenview Drive
Mechanicsburg, PA 17055
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: March 5, 2002
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attomey for Plaintiff
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
DAVID E. BEITZEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-7095
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
Whereas the Praecipe for Judgment filed on March 7, 2002, erroneously stated that the
notice of intent to take default judgment was sent to Benjamin I. Whitehill. I hereby certify that
the notice of intent to take a default judgment was forwarded to David E. Beitzel by United
States Mail, First Class, postage prepaid on February 11, 2002. The aforesaid notice was
contained within an envelope bearing the return address of the undersigned. The notice has not
been returned to the undersigned as undeliverable or otherwise. Copies of the notice and Postal
Form 3817 are attached hereto and marked Exhibits "A" and "B", respectively.
Respectfully submitted,
/ Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
ALLENVIEW HOMEO, ,ERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFiT CORPORATION,
Plaintiff
DAVID E. BEITZEL,
Defendant
TO:
David E. Beitzel
542 Allenview Drive,
Mechanicsburg, PA 17055
IN THE COURT or COMMON PLEAS
CUIVlBERLAND COUNTY, PENNSYLVANIA
NO. 01-7095
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE ]lq DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGlVlENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. 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
CXmaberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Date:
Respectfully submitted,
SAIDIS, SHUFF~ FLOV(ER & LINDSAY
By:
/ Karl M.:~Ledebohn~, ~sq~ire
!
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P SECTION 101 TO SECTION 149 ETC.
ALLENVIEW HOMEOWNERS ASSOCIATION
INC., A PENNSYLVANIA NON-PROFIT
CORPORATION
Plaintiff
V
DAVID E. BEITZEL
Defendant
: IN THE COURT OF COMMON PLEAS
:CUMBERLanD COUNTY, PENNSYLVANIA
:
:
: WRIT NO. TERM, 2001
: NO. 011-7095 TERM, 2001
:
: Amount due: $1,029.85
: Interest from 12/17/01 at 6.0%
: Atty's Com. N/A
:
: Costs TO BE ADDED
To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE
ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against David E. Beitzel, 542 Allenview Drive, Mechanicsburg,
Pennsylvania 17055, Defendant;
(3) and against N/A
(4) and index this writ
Garnishee(s);
(a) against David E. Beitzel, 542 Allenview Drive,
Mechanicsburg, Pennsylvania 1705!5, Defendant and
(b) against N/A Garnishee(s),
and levy upon any and all personal property of the defendant(s) as
follows:
Any and all personal property located at the address of the
Defendant at 542 Allenview Drive, Mechanicsburg, Cumberland
County, Pennsylvania.
(5) Exemption has (not) been waived., /~ ~ ~
Dated: I/- '~ O~.-
~a?l M% ~eaeboh~, Esquire
~upreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO01-7095 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ALLENVIEW HOMEOWNERS ASSOCIATION INC.,
A PENNSYLVANIA NON-PROFIT CORPORATION Plaintiff (s}
From DAVID E. BEITZEL, 542 ALLENVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA
17055
(1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal
property located at the address of the defendant at 542 Allenview Drive, Mechanicsburg
Cumberland County, Pennsylvania.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garmshee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify hingher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount DueS1,029.85
Interest From 12/17/01 ~ 6.0%
Atty'~ Comm %
Atty Paid $107.80
Plaintiff Paid
Date: November 21, 2002
(Seal)
REQUESTING PARTY:
Name Karl M. Ledebohm, Esq.
Address: P.O. Box 173
L.L.$.50
Due Prothy $1.00
Other Costs
Deputy
New Cumberland PA 17070-0173
Attorney for: Plaintiff
Telephone: 717-938-6929
Supreme Court ID No. 59012
TRUE COPY FROM RECORD
m T tmony wl reol, I
~o,honota~
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.33
Adver/ising
Law Library .50
Prothonotary 1.00
Mileage 6.90
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL 67.73
Advance Costs: 150.00
Sheriff% Costs: 67.73
82.27
Refunded to Arty on 09/09/03
Sworn and Subscribed to before me
this Il.
2oo3
p~th'onotary