HomeMy WebLinkAbout01-1117ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN A/K/A/SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. C,t
CIVIL ACTION - EQUITY
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 with/n 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
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A/SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
NO.
CIVIL ACTION - EQUITY
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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 LrN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
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 Defendants, Ronald S. Morgan and Sondra Morgan a/k/a Sondra J. Bmdnok are adult
individuals who reside at 909-911 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania 17055.
3. Daniel J. Brudnok is an adult individual who having a last known address of 911 Allenview
Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
4. Defendant Gary W. Black is an adult individual having a last known address of 911
Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
5. The Defendants Ronald S. Morgan, Sondra Morgan, Daniel J. Brudnok, Sondra J. Bmdnok
and Gary W. Black are referred to herein collectively as "Defendants".
6. The Defendants Daniel J. Bmdnok, Sondra Morgan A/K/A Sondra Bmdnok and Gary W.
Black are the record owners of the duplex townhouse situate at and known as 909-911 Allenview Drive,
Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview
Development and under and subject to the Revision to Revised Supplementary Declaration of Covenants and
Restrictions dated April 10, 1980 ("Covenants and Restrictions"), a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference.
7. Plaintiff believes and therefore avers that Sondra Morgan and Sondra J. Brudnok are one and
the same adult individual.
8. Plaintiff believes and therefore avers that Ronald S. Morgan and Sondra Morgan A/K/A
Sondra J. Bmdnok are in actual possession of the Property.
9. Defendants, Ronald S. Morgan and Sondra Morgan A/K/A Sondra J. Brudnok have held
themselves out to Plaintiff as the owners of the Property and Plaintiff believes and therefor avers that said
Defendants occupy the Property with the consent of the record owners of the Property and are therefore
subject to the Covenants and Restrictions.
10. The Defendants, as the owners and/or occupants of the Property, are members of the
Allenview Homeowner's Association (the "Association") and are governed by the By-Laws of the
Association (the "By-Laws").
I 1. Article II, Subparagraph (k) of the Covenants and Restrictions provides as follows:
Signs - No sign of any kind shall be displayed to public view on any lot
except one sign of not more than five (5) square feet advertising the property
for sale or rent, or signs used by a builder to advertise the property during
construction and/or the original sale period.
12. The Covenants and Restrictions at page one (1) further provide that it is the developer's,
"desire to create.., a residential community.., and.., to provide for the preservation of the values and
amenities in said community.., and, to this end, desires to subject the real property described in Article II,
together with such additions as may hereafter be made thereto (as provided in Article ID, to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is and for the benefit of
said property and each owner thereof."
13. Plaintiffwas specifically created and assigned the responsibility and authority to maintain and
4
administer the community properties and facilities and to administer and enforce the Covenants and
Restrictions.
14. Despite the provisions of the Covenants and Restrictions in Article II(k) strictly prohibiting
the placement of any sign other than of the kind and type specifically provided for in that section, Defendants
have caused the placement and confmue to maintain a sign which reads "Ronald S. Morgan, Certified Public
Accountant" (the "Commercial Sign") on the Property.
15. Plaintiff believes and therefore avers that the Commercial Sign is in violation of Article II,
Section (k) of the Covenants and Restrictions as well as the purpose of the Covenants and Restrictions which
is to provide for a "residential" community in that the Commercial Sign is commercial in nature designed to
promote a business purpose and is not permitted by the Covenants and Restrictions.
16. Plaintiff has forwarded a notice to Defendants requiting Defendants to remove the
Commercial Sign fi~om the Property. A copy of the notice dated December 30, 1998, is attached hereto as
Exhibit "B" and made a part hereof.
17. Despite Plaintiff's demands, Defendants have failed and continue to fail to remove the
Commercial Sign from the Property and to comply with the Covenants and Restrictions.
18. As a result of Defendants' placement of the Commercial Sign on the Property and failure to
remove the Commercial Sign as requested, Defendants have damaged the residential character of the
community to the detriment of Plaintiff and the property owners in the commurfity.
WI-IEREI~ORE, Plaintiff, Allenview Homeowners Association, requests this Honorable Court to
enter an Order in favor of Plaintiff and against Defendants, Ronald S. Morgan and Sondra Morgan A/K/A
Sondra J. Bmdnok, Daniel J. Brudnok, and Oary W. Black as follows:
a. Declaring the Commercial Sign to be in violation of the Covenants and Restrictions; and
b. Directing the Defendants to immediately remove the Commercial Sign from the
Property; and
Enjoining Defendants fi.om placing the Commercial Sign or any similar sign on the
Property in the future; and
Granting such other relief as the Court deems just and appropriate; and
Awarding to Plaintiff its reasonable legal fees and costs in connection with preparing
and filing this Complaint and in connection with enforcing the Covenants and
Restrictions.
Date: February 22, 2001
Respectfully submitted,
SAIDIS, SH/UFF, FLOWER & LINDSAY
/
Kflrl M. Ledebohm, Esquire
~gupreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 761-1881
Attorney for Plaintiff, ALLENVIEW
HOMEOWNERS ASSOCIATION, INC.
6
REVISION TO
PdgVISEO SUPPLE~[ENTAR¥
DgCLARATION OF COVENANTS AND RESTRICTION~
THIS DECLARATION, made this 10th day Of April, A.D., 1980,
* by Allcnvi~, Inc., successor to Breneman and Calabrese, hereinafter
called Developer of Allenvie~ Planned Residential Development, herein-
after called Allenvlew, located in Upper Allen Township, Cumberland
County, P~nnsylvania.
WITNESSET}[~ '
WHEREAS, Developer is the owner of the real property described
in Article II of this declaration and desires to create thereon a resi-
dential community with permanent parks, playgrounds, open spaces, and'
other common facilities for the benefit of the said community; and
~tlEEEA$, Developer desires to provide for the preservation of
the values and amenities in said com~unity and for the maingenance of
~aid parks, pleygrounds,~open spaces and other co~mon facilities; and,
to this end, desires to subJec~ the real property described in Article II,
together with such additions es may hereafter be made thereto (aS provided
in Article II), to the covenants, restrictions, eaaements, charges and
liens hereinafter ee~ forth, each and all of which is and are for the
benefit of said property and each o~ner thereo~; and
WTiER~A$, Developer has deemed it desirable, for the efficient
preser~a~ion of the values and amenities in said commonity, to create an
agency to which should be delegated and ~ssigned the powers of maintalnint and
administering the cor~nunity proper£ies and facilities and admini~terint and
enforcing the covenants ~nd restrictions and colleeti~§ and disbursing the
asseesmenta and charges hereinafter created; and
WHEREAS, Developer has incorporated under the lawso~ the Common-
wealth of Pennsylvania, as a non-profit corporation, THE ALLENVI~t
OWNERS ASSOCIATION, for the purpose of exercising the functions aforesaid;
254 'a f 731
· Exhibit "A"
NOI~, THEREFORE, ~e Developer decZete= tha~ ~he teat prope;ty
described in Article ~Is and such additions thereto as may hereafter he
made pursuant to Article II hereof, is and shall be held. transferred,
solds conveyed and occupied subject to Ate covenants, restrtc~ionss
easements, charges and liens '(somecines referred to as "covenants and
restrictions") hereinaEtec ee~ forth.
}
ARTICLE I
Section I. The following ~ords. ~hen used in this DeclaraCio~ or
any SupplemenCalDeclaraClon (unless the context shall prohibit), shall have
(a) *~sociaCion" shall mean and refer to thn Allsnv~e~
Homeo~ql~¥s Association.
(b) "The Properties" shall mean and refer'es all such
existing properties, and add£t£ons thereco~ as are subjee~ to this
Declaration or any Supplemental Declaration under the provisiov~
of Article I~ hereof.
(c) "Common Properties" shall mean and refer to only
those areas of land shown on any recorded ~ubdivisisn pla~ of The
Properties and intended to be devoted ~o the coamon use and enjoy-
ment of the owners of i[he Properties, and may include the land and
improve~ents for s~reeCs. ~semenCs, parks~ playgrouads
pools~ pedeatrlan~ays, and any buildi.~s, structures or appurten-
ances incident thereto, ~u5jec~ to the reservations contained
Article IX. Sec~io~ 4 hereof.
(d) "Loc" shall uaan and refer to any ploc of land shown
upon any recorded ~ubdi~lsion map of ~e ProperCles
cep~ioa of Coamon ProperS!es as heretofore defined. '
(e) "Livlna Uai~" shall
a buildl.~ situated upon ~e Properties designed.and intended for
use and occupancy as a re3fdence by a si~le really.
-z.- 00; 254 73 _
(fi "Completed Living Unit" shall 'mean and refer to
any portion of a building sl£uated upon The Properties designed
and intended for use and occupsncy as a residence by a single
family for uhich an occupancy permit' has been received from the
appropriate township official.
(g) "Single Family Detached ~illing" shall mean a
.;
building used by one family, having' only one living unit and two
side yards.
(h) "Single Family gemi-De~achedD-~elltng" shall mean
a building used by one family, having one livtnE unit and one side
yard'~nd one party vail in coumon vfth another huild£~g.
(1) "Single Family Attached Dwelling (Row)" shall mean
e building u~ed by one famllF and having one living unit and two
party wall~ In common vith other buildings (such as to~nhouses) o
(J) ~'Hulti-Fa.'dlyDwelling'' shall mean a building used
by three or more families livim~ independently of each other and
doing fl~eir'o~n cooking~ in:lud£nl apartment houses, or to~nhousee.
(k) "Owner" shall mean and refer to the'~ecord owner,
vhether one or more persons or entities, of the fee simple title
to any Lot or Living Unit situated upon The Properties, but, not-
~ithstandl~g any applicable theory of the mortgage, shall no~ mean
or refer to the mortgagee un.less and until such mortgages has ac-
quired title pursuant to foreclosure or any proceeding in lieu of
(.1)
"Member" shall mean and refe~ to all those Owners
vho are members, of the Assoc~ation as provided In Articlo III,
Section l; hereof.
(m) "De, eloper" shall mean and refer to Allenvie~, Inc.,
legal entity to whom Allenvtew, Inc., successor to Brene~n and
Calabrese, expressly assign tho rights of the Developer herein in
~/riting.
25,1 ,733.
ARTICLE II
PROPERTY SUBJECT TO TItIS DECLARATION:
ADDITIONS T~ERETO
Section 1. Ex. sting Property. The real property which is, and shall
be held, transferred, sold, conveyed, and scrupled subject to this Declaration is
located in Allenview, and is more particularly described on the attached three
plats, Exhibit "A", titled Stage II, Section A, Final Subdivision Plan - Single
Family and Two Family Lots; Stage II, Section B, Final Sub-Division Plan - Town-
houses; Stage If, Section C, Final Sub-Division Plan - Common Open Space ~
borhsod Co~ereial, which are recorded in the Office of the Recorder of Deeds,
Cumberland County, in Deed Book 36, Page 47, all of which real property shall
here!rmfter be referred to as "Existing Property."
Section 2. Restcfctlons for Use and Development. The Lots outlined
on said plats for Stage II shall be subject to the following restrictions:
(a) Land Use and Build'nd.Types.
The land shall be used and a building of the following types and
no other shall he designed, erected, maintained and occupied on said lots.
(1) Section
be permissible on each lot
No, 18, 19, 20, 21, 22, 23
A of Stage II - Single Family Detached ~ellings shall
except tha£ the developer reserves the right to use Lots
& 30 for Single Famtly Detached, Single Family Semi-
Detached and/or T~o Family Semi-Detached Dwelling Units. A private garage con-
forming to the architecture of the dwellings may be designed, erected, used and,
maintained only when incidental and accessory to the dwelling on said lots.
(2) Section B of Stage II - Single Family ACtache~Dwellings
(Townhouses shall be permissible).
(3) Section C of Sta~e II - The following uses shall be permissible:
Open ~pace Recreation Uses, Recreation Buildings and Structures, Neighborhood Com-
mercial Buildings, and one-Eight Unit Apartment.
(b) Building Location and Land~caped Yards..No building or any parc there-
of shall be erected or maintained closer than twenty-five (25) feet to any street
and, in the case of Hr. Allen' Drive, Bertzler Road, and all exterior boundaries of
Allenvlew, a building setback of not less than fifty (50) feet shall be maintained.
~otwithstandlng 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 shown on the ~ecocded Final Subdivision and Land Development
(e) Outdoor Storage Areas. Flre~ood, bicycles, la~n mowers,
garden tools, fu~nlture, and all other such'articles shall be stored
in areas'appropriately located on the Lot to the rear of the
end garage, and set back from all Lot lines as mentioned above and
screened from all streets, aide and rear Lot lines, ultl~ a structure,
· shrubs or hedge, in a location and manner approved by the Architectural
Control Committee.
(d) 'Completion. All d~ellieg~ and gakages shall be completely
. fin{shed'on the exterior and all grading and seedin~ shailbe done
~ithin one (1) year of the start of construction or ground breaking.
Any excess earth or ~ound from any coastrUctt0n shell be the propert~
o! the Developer and shall be removed by the Lot owner at his expense
to a place designated in the develop~uen~ and determined by the Devel-
oper. . ~.
(e) Fences, Hedges and Shrubs. Fences, hedges .and shrub; shall
not be erected, plan:ed or eaintained in the above required yard spaces.
er along the Lot lines of any Lot unless approved by the Architectural.
Control Committee.
(f) Sight Distance. All trees, shrubs and structures ~hall be
located and maintained so that the sight distance from vehicles is not
obs£ruc:ed at all street and driveway intersections.
· (g) Parking Spaces. 'Nor less than two (2) improved parking spaces
(i0' x 20*) shall be located on the same Lot as each Living Unit.
(h) Easements.. All Lots end Lot Owners are subject to all cove-
subject to all present or future, zoning ordinances or building re~ula-
lions of the To~nshtp of Upper Allen, Cumberland County, Pennsylvania.
. (i) Nuisances. ~o noxlous or offensive activity shall be. carrlbd'
on upon any Lot, nor sllall a~ychiag be done thereon vbich ~ay 'be or
m~y become an annoyance, nuisance, or of aesthetic damage to the neigh-'
borhood, ~or upon any street In Allenvie~.
00r. 25..1 735
(j) Temporary.Structures. ~o temporary d~elling~ shall he
erected o= maintained os any Lot. Carages, basements or any temporary
eEructure shall not be used for human habitation. Ho prefabricated
construction or otherwise, or any concrete slab foundation shall be
permitted unless specifically approved in writing prior thereto by the
motor
Developer. Ho trailers,/tents, shacks, barns or boats, or any type of
uutbuild£ng, unless previously approved in writing by the Developer,
shall be erected on any Lot, nor parked on a ~treet in lllenvlew. '
(k) Si_~G~_. No sign of any kind shall be displayed td public
on any Lo~ except one sign of nsc more than five (5) square feet advs~,-
rising the proper~y for sale or rent, or signs used by a huildeI to
advertise the property during construction and/or the original sale
period.
(1) Live~cock and Poulcry. Animals, livestock or poultry; ex-
cepting household pets, shall nsc be raised, bred or kept on any
H~usehold pets may be {opt, p~ovlded ~hey are not kept, bred or'~al~
kafned for any co~erciaL purposes. 'No~ithskand~ng ~e above,
non-con,trial keepin~ o~ horses or pont~s for th~ recreation use by
the ~ner of a LoC ~ill be permitted on Lo~s si five (5) acres or
as provided in Section 2(a) hereof. An accessory s~ruc~ure shall ba
panic,ed on a LoC only ~hen approved by the ArchlC~ctara~ Con{rol
(~ Garbage and Re[use Disposal. The Owners of ail ~o~=
at their expense~ conn~c~ to th~ public ~e~er and ~ater'=ys~ems.
'Lo= =hall be used or main~aLned as a dumpiug ground for rubbish. All
~rash, garbage or other waste shall be kep~ in sani~ar~ containera amd
placed in specified locations for collection. ~e harming of trash,
debris and leaves shall ~oC be pe~ltted on a
-6-
254 PICE. 73G
(n) Delay of Dwelling Construction. Should the Owner o[ any
Lot not construct a home within one (l) year of the purchase of said
Lot, then the Lot O~ner must seed and maintain the Lot so as not to
detract from the overall developement.
(o) Architectural Control Comr~Itteeo The O~ner of a Lot shall
not. commence construction of a dwelling, garage, Or any other per-
mitred structure until the Architectural Control Committee has re-
viewed and approved the proposed plan sho~ln~ the type of structure
to be placed on s~id Lot. The provisions of this section shall not
apply to Developer during origlnal construction.
(p) Street bights. Street lights of a uniform design shall he.
installed throughout Allenview under the supervision of the Developer.
and the Architectural Control Co~ittee.
(q) Utility Service Lines. All utility service lines shall be'
installed under,round ~here feasible.
Section 3. Additions to ~xisting Property. Additional lands ma~ be-
come ~ubJect to this declaration in the following manner:
(a) -Additions in Accordance ~it~ the Tentative Development and
.Stllse Plan. The Developer, its heirs and assigns, shall have the
right to bring ~fthin the scheme of this Declaratios additional prop-
erties in future s~ages of the development,.as generally outlined on
the at:ached CExhibtt "B") Ten~ative Development and Staging Plan.
dated February 25, 1980.
Said Tentative Development and Staging Plan outlines the proposed
sdditibns to the Existing Property and contains:
(1) a general indication of size and location of the
additional stages for development of the following uses and
building types:
STAGE III - Single Famll~ Detached ~ellfngs
Single Family Semi-Detached Dwellings (O~plexes)
'Single Family Attached Dwellings (Townhouses)
Apartments (3-story Carden Type);
-7-
73 '7
(2). the approximate size and location of common properties
reserved for dedication with each stage;
(3) the general nature of proposed common facilities ~nd
improvements, including the provision of improved yard spaces ned
not less than two C2) improved parking spaces required to serve
all Living Units, tncludin~ the Apartment and Townhouse properties;
(6) e statement that the proposed additions, if ~ade, will :
become subject to assessment for their just share of Association
expenses; and
(5) a schedule for termination of the Developer's rlgk~ under
the provision of this sub-section to bring.additional developmen~
stages within Xba scheme.
Unless otherwise stated therein, said Tentative Development and Stat'lng
Plan shall not hind the Developer; its heirs and assigns, to toke'the
proposed additioils or to adhere to the Plan l~ any subsequent ~evelop-
~hnt of the land sho~n thereon and the Tentative' Development an~ Staging
Plan contains a 'conspicUouS statement to this effedt.
The additions authorized under this and the succeeding sub-section
shall be made by filing of record a Final Subdivision and Land Develop-
meat Plan for each Stage and a Supplementary Declaration of Covenants
and Restrictions with respect to the additional property. '
The location and arrangement of buildings, streets, yards and opes
space and the size and bulk of buildings as indicated 6n the Tentative
Development and Staging Plan ~ey be amended, revised, altered or changed
subject to the approval of Upper Allen Township provided, however, that
the use of the land shall be limited to one or more of the withLn de-
scribed residential building types.
Such Supplementary Declaration may contain such complement'sty
additions and modifications of the covenants and restri~tions contained'
in this Declaration as may be necessary to reflect the different char-
attar, if any, of the added properties and as are not inconsistent with
the scheme of this Declaration. In no event, however, shall secb Supple-
mastery Declaration revoke, modify or add to the covenants established
by .this Dcclaratlm~ within the Existing Property. '
.J
(.b)' Other' Additions. Additions other than those euthorized by
sub-section (a) herein may be made upon approval in writing of the .
-a- 3,I mci ' 'v
Association pursuaot to approvaX by a t~o-thirds (2/3) vote oE each
class of membership, ag described in Article IIIt Section 2. ~he ''
Owner o~ any property who desires to add it to the scheme of this
Declaration and to subject it to the jurisdiction o~ the Association,
may file or record a Supplementary Declaration o£.Covea~ants and
Reatric~ioas,'as described in subsection (a) her~oE. - '
(c) ~fcr~ers. Upon a ~erger or consolidation.of the Association
~lth another association as provided in its Articles of Incorpora~ion~
its properties~ rights and obligations may~ by operation of lav, be
transferred to another survlvisI or consolidated association or~
tematively, the properties, rights and obligations o[ another
tiun'm~y~ by operation o[ la~ be added to the properti~s~ tights
obligations of the tsso¢iatioo es a surviving corporatton'pursuan: to
a ~erger. The su~vivtng o~ consolidated association may administer
the covenants at,~ restrictions established by this Declaration uithin
the Ex~s:ing Property~ together with the covenants a~d
established upon any ocher properties as one scheme. ~o such merge~
o: consolidation, ho~ever~ shall a~ec: any revocation~ chanse or
t!on to the covenants established by this Declaration within the
ing Property except as hereina~ter provided.
ARTICLE III
AND VOTING RICET$ IN TlIg ASSOCIATION
Section 1o ~embership. Every person or entlt~ ~ho is a recor~ ~mer
o~ n Ice or undivided ~ee in any Lot which is subject by covenants o~ ~ecord to
assessment by the Association shall be a member of the t~soctotion, provided
that any such person or entity who holds such intqrest merely as a security.for
the performaoce of an obligation shall not be a me~ber.
Sectlon '~. Vo.tlng Rlghts. The Association shall have two classes
of votin~ membership:
Class A. Class A members shall be all those ~neis as defined
tn Section 1 with the exception of the Developer. Class A members
shall be entitled to one vote for each Lot (or Living Unit) ia which
they hold the interests required for membership by Section 1. I~en
more than one person holds such interest or interests in any Lot (or
Living Unit), all such persons shall be members, and the vote for
such Lot (or Living Unit) shall be exercised a~ they among themselves
determine, but in no event shall mare than one vote he cast wi~h re-
spect to any such Lot (or Livin~ Unit).
,,- .Class.___B. Class B members shall be the Developer. The Class ~
member shall be entitled to three votep for each Lot in whisk it
holds the interest required for membership by Section 1 (and for
'' every Living Unit in any }[ulti-Family Strscture owned by it until
' such Unit is first sold), provided that the Class B membership shall
cease and become converted to Class A Membership on the happsa~ng of
any o.~ the following events, whichever occurs earlier:
(a)
when'the total votes outstaediug in the Class A
membership equal the total votes outstanding in
the Class B membership; or
(b).. twenty (20) yeats from tile date hereof.
From and after the happening of these events, whichever occucs
earlier, the Class B member shall be deemed to be a Class A me~bsr
entitled to one vote for each Lot (or Living Unit) in which iC holds
tM interests required for membership under Sectioa 1.
(For purposes of dbtermining the votes allowed under tkis Section,
when Livtn~ Units are counted, the Lot or Lots upon which such
Livtmg Units are situated shall not be counted,)
ARTICLE IV
PROPERTY RIGHTS IN THE COM~MON PROPERTIES
Section 1. ffembers' Easements of Enjoyment. Subject to the provisions
of Section 3, every Member shall have a right and easement of enjoyment in and
£o the Co~on Properties and such easemen~ shall be appurtenant to and shall pass
with the title or lease to every Lot (or Living Unit}.
Section 2. Title to Cora~sn Properties. ~otwithstaoding any provlsioa
herein, thc Developer hereby covenants, for itself, its heirs and assigns, ~hat
it shall convey as Coramos Properties the followlflg: -
(a) Eights-of-way an~ easements for streets, sanitary sewers
and storm drainageways with completed improvements in place shall be
constructed In accordance with the applicable provisions of Upper~~
Allen Township, and shall b~ offered for dedication to Upper Allen
Township. ~
-10-
254
(b) The tt£1c to co-----on open space for parks, zecreation and
other coramon faclll~ie~ ~!th improvemcncs in place shall bE
ferred to the Association under the condition that tile Association
shall have or hire ede~uece staff to administer co~on facilities and
maintain the common ope~ space.
(c) Easements fo~ ~ater, electric, telephone, television, and
other utility services, shall be provided to the respective ope~ating
Section 3. Extent to }le~ers~ Easements. ~he rights and easements
enjoyment created hereby ~hall be subject to the Iollo~ing:
" (a) ~he right oF the lSsocis:ion, in acco:dance rich its Articles
ol Incorporation and By-Laus., to borro~money for the purpose of
proving the Co.on Yroperttes and in aid thereog ~0 morcgage said prop-
erties. I~ the event of ~ default upon'any such'~ortgage~ the lendsr~s
rights hereunder shall be limited to a right, after takin~ possession
o~ such properties, to charge at~ls$ion, and other Fees as a condition
to continued enjoymenC by :he ~eabecs and, if necessary~ to opea the
enjoyment o~ such proper:les co a rider public until the ~ortgage deb:
is sa~tsfted~ vhereupon, the possession o~ such properttei shall be
turned to ~he lssecia~ion and all rights ~f the Hembers ~er&unger shall
be gully :e'storedi.and
(b) The righ~ of th~ tssocia:ion :o take s:eps as are ~eason-
ably ~ecessary to pro,ecu the above-described proper:ins against
closut'e; ang
(c) The right ol the tssociation, as provided in its Articles and
By-La~s, to suspend the enjo}~nC rights o[ any }lember for any period
during ~hich any assessment reralns unpaid, and got any.period no:
exceed ~hirCy (30) days for ~ny infraction of its published rules and
regulations; and
(d) Ihe rtgk: og the is~ocialion :o charge reasonable
and other Fees for the us~ or the Co~on Properties;
25,1 741
(e) The right of individual Hembers to tile exclusive use of
parking spaces as provided in Section A hereo[; and
(f) The right et the Assoclacion to dedicate or transtar
or soy part of the Common Properties to any public agency, authority,
or utility [or such purposes and subject to such conditions as ~ay be
agreed to by the Hembers. provided that no such dedication or transfer.
detecm.tuation as to the purposes or as to the conditions thereof,
be effective urL[ess an instrument signed by Hembers entitled to c. asr
rye-thirds (2/3) of the votes of each class of membership has been
recorded, agreeing to ~uch dedication, transfer, purpose or cond~tion.
and unless.~rttten notice o~ the proposed agreemenE and action
under is eeoc to eve~ He~ber aL leas: ninety (90) days t~ advance
any ac~o~l to be taken. [c is understood and agreed thac nosuch public
agency or aut~or~C7 ia ob[isa:ed to accept any such d~icat[on or
Jet; and
(g) Zn the evenC chat :he Association s~[[~ at any t~e.
to ~in:atn Ehe co.on properCtes under irs Jurisdiction In reasonable
order and condition in accordance with ~he development plan. Upper
To.ship ~y se~e ~rt:~en sotice on the Association or the ~ners
setting forth the manner in which the Association baa failed to ~ain-
tats the common open space in reasonable condtcion; and said notice
shaX[ include a de--nd thac such deficiencies o~ maintenance be cur~
~tth~n thtrEy (30) days thereof and shat[ state tbs date and p~ace
a hearing thereon uhich shat[ be held uiChin foucCeen (16) days oE the
~o:~ce. At sGch hearing~ the Township may coat[r the tams et :he
Original notice a~ :o the deglcienc~es and ~ay give an ~Censton of
time ~Chin ~hich they shall be cured.' Z[ the deEic[encies sec
in the original notice OC the ~odtgicaCions thereof ~ha[[ nec be cure~
vJthin said thirty (30) days or any ~tension thereof.'the ~o~nship,
in orde~ to preserve the ta~ab[c values et the properties u[chin
vfc~ and prevent :he co~on open space'from becoain~ a public auisance~
tod or one year. Said entry and ~ainCenance shall no: ve~ lethe
254
................ : _.'-- _l ........... -~__
public any rights to use the conunon'open space except when the same is
voluntarily dedicated to the public by the residents and Owners.
Before the expiration of said year, the Township shall, upon its
initiative or upon the request of the Association call e public
hearing upon notice to the Association and Owners to be held by
Township, at which hearing such Association and Owners shall sho~
cause why'such maintenance by the Town§hip sha~l not, at the election
of the Township, continua for a succeedie§ year. If the
shall determine that the Association is ready and able to maintain
said coc~mo~ open space in a reasonable condition, the Tounship shall
cease to maintain said co.on open space at the end of said'year.
If the Township shall determine the A~socia~ion is.not ready and
to c%-~intain said co.on o~ea space in a reasonabl~ condition, the
!o~shtp may. at it~ discretions' continue t~mlntain said co.on open'
~pace duclnB the n~t succeedin~ year and. subject to a similo~ hear-'
in& and ~eter~ination, in each year thereafter. The decision of the
· owns~tp in any such case shall constitute a final administrative de-
ci~ion subject to judicial review.
~e cost of such maintenance by the Township shall be asaessed
ratably against the properties ~tthin lllenvie~ that have a tight'of
enjoyment of the co--on open space and shall become a t~ lien o~ said
properties. Said assessments or charEes shall be subordinate i~ lien
to the lien of any mortEage or mortgages on the property which is sub-
Ject to such assessments or char~es reEardless of ~hen said mortgage
~r mortBages were created or uhen such assessments or charges
provided such subordination shall apply only to assessments or
that have become payable prior to the passl~ of title under foreclos~re
of such mortgage or mortEaBes and the'transferee ahall not be liable
~or payment of any'assessments or char~es accruin~ prior ~o said for~
give~ to enforce the collection of such assessments or charges
after sale under foreclosure of such mortgage or mortsa~es; and pro-
vlded, further, thac such charEe~ accruin~ after sale shall also b~
subordinate in lien co the lien of any furcher mortga§e or mortgages
which are placed on property subject to such assessments or
~l~h the intent tha~ no such charges shall a~ any time be p~lo~
lien o~ any mortgage or ~o~tgages ~hatso~ver on such proper~y.
~o~ship, at the time o~ entering on said co,on open space fo~ the
purpose o~ maintenance, shell file a no~icc oE such lic~ tn time offtc~
oi the Pro~hono~a~ of the County on the prope~Cie~ ai~ected by such
Sea~ion l. Parking Rights. ~e Association shall ~lntain upon the
Co~n Properties at least t~o (2) parking spaces for eac~ Ll~lng Unl~ in a~ea~
devetopea ~t~h Townhous~s_and Apartuan~s. Sub, eeC ~o re~souble roles and con-
di~io~, the lssociatio~ shall desigua~a a~ lease t~o {2) parking spaces coaven-
ien~i7 located with respect to each Living U~ft for the exclusive uss of the
AETICLE V
COVEN~T FOR ~INTEN~MNCE ASSESSI4~S
. Section 1. Creation ~f the LEen and Personal Obligation of
The Developer for each Completed Living Unit o~ed by him ~f~h~n ~e
here~y coVenants'cud each ~mer of any Completed Lfvln~ Uni~ by accep~nce of a
8e~d ~herefor, whether or not f~ shall be so expressed In iny such deea or other
conveyapee, shall be deemed ~o covenant and agree to paF to the lssoc~ion: .
annual assessments or charges; (2) special assessmeats.for capital improvem~ts,
such ~ssess~ents to ~e fixed; established, and collected f~om tiae to time as here
inaf~er provlfed. ~e annual and special assessments,' together ,i~k such
~hereon and costs of collection thereof, as hereina[ter pro~lded, ~hall
.. BO0 254 aCE 74,1 --'
charge on the la.d and shall be a eontinuing'll~n upon the property against
~hich each such assessment Is made. Each such assessment, together with such
interest thereon and cost of collection thereof, a~ hereinafter provided, shall
also be the personal obligation of the person who was the Owner of such property
at ~h~ time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by .t~.:.
Association shall be used exclusively for the purpose of'promoting the recreation,
health, safety and welfare of the residents i~ The Properties and in particular
for the l~provement and maintenance of properties, services, and fac[Ilties de-
voted to this purpose and related to the use and enjoyment of the Common Prop- -
ertiea and of the homes situated upon The Properties, including, but not limited
to~ the payment of taxes'and insurance thereon s~d.repair~ replacement and addi-
tions.thereto, end gar the cost o~ labor, equipment, materials, managements and
supervisions thereof.
.. Bectton 3.
Basis of Annual Assessments.
The Association~ throu&h
!ts Board of Dlrectors~ ~hall fix the annual assessment per lot based upon the
estimated coat o~ carry~ng out the responslbl~£ties of the Asa0cia~iOno ~here
shall be two types GE annual assessment aa follows: '- -
(s) General assessments applicable to all record oFnere o~ lots
upon'vhich are constructed single-family or two-family dwellings~,
Lownhouses~. apartments' and condominiums. Said properties shall be
assessable for the follo~ing purposes on'ly:
1. ~he la~ns and pleating as outlined on tbs Final Sub-
' division Plans under the tltle'of Co~mon Open Space.
2. The sidewalks and pedestrfan~aya in the public rights-
of-way easements and in common open'space as outlined on the
Final Subdivision Plans.
3. Outdoor lightin& in public rl&hts-o£-~ay and on co~n0n'
properties.
6. Essential improvements such as drives~ sanitary sewers~
facilities essential for the use and ~aintenance of Co..man Prop-'
-15-
· ' 25 '1 745
.'.... :_.~. ........ - ......... = ............ :
5. Recreation facilities such as s~lramlng po~ls, tennis
court~, playground equipment, picnic facilities.end any struc-
tures or appurtenances related the;ere.
6. Liability and Property Damage Insurance relating to
the aforementioned Co~on Properties.
7. Capital Reserves as deemed necessary for replacement
of the aforementioned Common Properties.
8. Trash Collection Service.
9. Hanagement Services. ·
(b) Limited assessments applicabl~ only to record owners of
'l~v~ng units in Stage 2-B - 56 :ovnhouses~ Stage 3-B.- 106 tovnhousasa
Stage 3~A - 52 apartments or condomlniums~ and ~taga 3-C - ~6 sparse
ments or condominiums. Such limited assessments shall be'asaesseble'
~or the ~ollo~ing purposes end shal~ be an addit/~na~ assessment over
end above that provided under Section 3(a) above:
2o Parking 'lots. and related improvements.
2. La~ns end planting.
3. Exterior of to~nhouse and apartment buildings.
Limited assessments shall not he applied against property o~ners ~
single-~amlly or t~o-fomily d~ellin~s.
Section 6, 'Special Assessments for Capital Improvements. In
to the ankual assessments authorized by Section 3 hereof~ the Association may
levy in any assessment year e special assessment~ applicable to ~hat year only~
ior the purpose of defraying, in whole or in part~ the coat og'any conatructinn
or reconstruction~ unexpect?d repair or replacement of e described capital im-
provement upon the Common Proper£1es~ including the necessary fixtures and per-
'sunni property related thereto~ provided that any such assessment shall have the
assent of t~o-thirda (2/3) of the votes of each class of Hembers vhn are votln~
in person or by proxy et a meeting duly called for this purpoae~ vritte~ notice
el which shall be sent to all Hembers st least thirty (30) days in advance and
shell act ~orth the purpose og the meeting.
Sect/on 5. Chnn~e iq ~sls and H~tmum of ^nnual Assessments.
Subject to the limitations of Section 3 hereof, and for the periods therein
~pecffied. ~he Association nay chenge the maximu~ and basis of the ausessments
fixed by Section 3 hercof prospectively for any such period provided that.any
such change shall have the assent of t~o-thirds ~2/3) o~ the ~o:es of each
class cE Hembers ~ho are voting in person or by proxy, a: a meeting
called for this purpose, ~ritten .~otiee'of ~hi~h shall be sent to ~11 Hembers
at least thirty (30) days in advance and shall set forth the purpose of the
~eeting, prowlded furthe~ that the.ll~tatioqs of Sootier 3 hereof sha~l
apply to any cha~ge in the maxi~u~ end ~as~s of the assessments undertaken as
aa incident ~o a merger or consolidation in ~hich the Association is a~thor~zed
to participate under ~ta Articles cf ~ncorporation and under Arttele'lI~ Seeeton
2, hereof.
Section 6. ~uora for Any Action Authorized Under' Sections 4 ned
The quorum required for any ac:ion eathortzed by Se6ttons 4 and 5 hereof shall be
as follows: .1: '
At the ftrs~ meeting called, as provided in Sections 4'and 5 hereo~,
the presence a: the.meeting of 1.1eabers, or of proxies, entitled to cas: s~xty
percent of all the votes of each cla~s of me~bership shall constitute a qnorum.
I~ the required quorum is not for:hcoaing at any eee:lng, another hooting ~ay he
· called~ subject to the notice kequtre=en: set £or:h in Sections I and 5, sad the
:equired quorum at any such subsequent ~eeting shall be one-half of the required
quorum'at the preceding meeting, proyidad ~ha: no such subsequent meeting
be held more'than sixty (60) days following :he preceding meeting.
'Section 7. Da__to og Co~-=an:a~enc o~ Annual As~:essments: Due Dates.
The annual aasessmen:s provided for herein shall commence on the dare (~hich shall
be :he.i£r~£ day o[. ~ ~onth) fixed by the Board o[ BlrecCors of the Assoefe't~on
to be the date of cocaence~nent.
-17-
The first annual assessmants shall be made for the balance of the
calendar year and shall become due amd payable on the day fixed for con,hence- .
.(
meat. The assessments for any yemr, after the first year, mhall 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
balance remaining in the first year of assessment shall be art amount ~hich bears
the same relationship to the annual assessment provided for to Section 3 hereof
as the remaining number of months in that year hear to twelve. The same reduction
in ~xe amouat of the assessment ~hall apply to .the first asses~mem~ levied against
any property ~ich is hereafter added co the properties noxa subject to sssesamen~ !
aC a time other than the beginning of any assessment period.
The due date of any special assessment under Section R hereof shall be
fixed in the resolution authoriaing such assessment.
Section 8. ~utles of the Board of Directors. ~he Board of Diree~ora
· of tho Association shall fix the date of commencement and the amount of the aaaasa-
meat against each Completed Living ~nit for each assessment period at ~east
(30) days ~n advance of such ~ate or period and shall,'at tha~ time, prepare
res:er of the properties and assessments applicable thereto w~i~h shall he kep~
the office of the Association and shall be open to inspection by any (~ner.
Written notice of the assessment shall thereupon be sent to every O~ner
auh_~ err thereto.
The Association shall, upon demand, at any time, furnish to 'any Owner
- liable for said assessment a certificate in writing signed by an officer of the
Association, setting forth whethe~ said assessment has been paid. Such certifi-
cate shall be conclusive evidence of payment of any.assessment therein slated to
have been paid.
Section 9. Effect'of Non-Pa,"meat of Assefisment: Tile Personal Obliga-
Lion of the Owner; ~c Lien; Remedies of As=oclatlon. If the assessmenta are not
paid on the dole when due (being the dates specified.in Section 7 hereof), then
such assessment shall become delinquent and sh~ll, tolle{.hcr with ~uch ln~:urcnt
thereon and cost of collection thereof, as hereinafter provided, thereepon become
254
?48-
a continuing lie~t on the property which shall bind such property in the hands
of the then ~ner, his heirs, devisees, personal representatives and assigns.
The personal obligation of the then ~aner to pay such assessment, however, shall
remain his personal obligation for th~ ~tatutory period.and shall not pass to
his successors iu title unless expressly assumed by them.
If the assessmemt is not paid within thirty (30) days after the de--
linquency date, th~ assessment shall bear interest from the date of delinquency
n~ the ~a~m of seven percent per annum, and the Association may bring am
ection at law against tha Owner persoaally oblig~ted to pay the same or to ~ore-
close the lien against ~he property, and there shall be added to the amount of
such assessment the costs of preparing and filing the complaint i~ suc~ mutton, '
and, in the event a Judgment is obtaieed, sucJt judgmant shall include late:est o~
the assessment as above provided and a reasonable attorney's fee to bm.fixeg by
the court, together wl:h the costs of the act~ono
~ection 10. Subordination of the Lien to Mortgages.' T~e lien of the-
assessments provided for herein shall be subordinate tn the lien of any mortgage
or mortgages now or hereafter placed upon the properties subject to assessment;
provided, ~owever, that such subordination shall apply only to the'~sses~mentm
which have become due and payable prior to a sale or transfer ef such property
purauan~ to a decree ~ foreclosure, or any other proceeding tn l~en of for~-
closure. Such sale ur transfer shall not relieve sue~ property from liability
for any assessmants thereafter becomimg due, nor from the lien of any su~ ~ub-
Section 11. Exempt Property~ ~he following property subject to this'
Declaration shall be exempted fram the assessments, charges and liens created
herein: (n) all properties to the e~:ent of any easement or other interest the~
~n dedicate~ and accepted by the local public authority and ~cvot~d .tm publtg us
(b) all Ce:m~ot~ Properties as derided in Article 1, Section 1, hereof; (c) all
propertiei~ exempted from taxation ~' the laws of the Ci,mmonwcalth of l'cnn~ylvani
~pon the terms sad to the extent of such legal exemption.
to dwelling use shall be exempt iro3. sal~ assessmant, charges or liens.
?-1.9
AR'£ICL~ ¥1
PARTY I~ALLS: FOR DUPLEXES, APA.R.T:.~TS AMD TOW~HOUSES
Section 1'. Ceneral Rules of Law to Apply. Each wall wh£ch is built
as part of the original construction of the homes upon The Properties and placed
on the dividing line be~een the Lots shall constitute a party wall, and to the
extent not %oconsistent with the provisions of this Article, the general rules
of law regardin~ party walls and of liability for property damage due to negli-
gent or willful acta or omissions shall apply thereto.
Section 2. Sha~tn.g of Repair and l.laintenance. T~e cost of reasonablm
rapatr and maintenance of a party wall shall ha shared by the Swears who make
use of the wall in propqrtion to such use. .. ·
· Section 3. Destruction by Fire or.Other Casualty. If ~ party Wall ia
~as:royed or ~a~,~ge~-' - ~ by fire or other casualty,, auy Owner who has used the wall
may restore it, and if the other (k, eners ~hereaftcr make use of the wall, .the~
shall-contribute to the cost of restoration thereof in proportion to such use
wlthou~ preJudice,'howaver, to th~ ra~ht of amy such ~ne~s to call for a larger
contribution from the others under an7 rule of law regarding liability for negli-
gent or willful acts or omissions.
· '' Section ~. Weatherproo~im~. llot~ithstandiog any other provision of
this Article, an Owmer who, by his negligent or willful act, causes the
wall to h~ exposed to the elements shall hear the whole cost of furntshin~
necesma~ protection agaimst such elements. ... '
Section 5. Right to Contribution Runs with l.an~. .~he rigkt of any
~er to contribution from any o~her ~er under this lrticl; shall be ~ppu;~enam~
to the land and shall pass to such ~er'~ successors in title.
Section 6. Arbitration. In the event of any dispute arising concern-
ing a party wall, or under the provisions of this Article, each party shall '
choose one arbitrator, and such ethic'tatars shall choose one add'itio~al arbitra-
tar. and thc decisions of a majority of all the arbitratocs shall be final and
concluulve of the question involved.
ARTICLE
ARCHITECTURAL £ONI~OL CO?U[ITTEE
gection 1. ,~ev~c~ by Co..-o[Ctee. No bullding~ %once, wall or other
structure shall bo commenced, erected or malntalned'upon Tho Properties, nor
shall any exterior addition to or change or alteration therein be made until
the plans and specifications sho~ie~ the netware, kind, shape, height~,-materials,
and location of the sa~e shall have been submitted to and approved i~
as to harmony of external design and location in rela:ion to surrounding
tufts and topography by the Board of Directors o~' the Association, o: by an
~rchitectural co~ittee c~mposed og three. (3) or ~ore r~presenCa:lves appointe~
by the Beard.. In the event said board, or its designated committee, fa£1~ to
approv~ or disapprove such design end location within Chir:g (30) days ~fta~
said plans and specfflca~ions hav~ b~en ~ubmft~ed to it~ ~r iu any even~, i~ ne
suit to enjoin the addition~ alteration or change has been comme~ee4 prior to
the eo~plercton thereof, approval ~111 not be required and t~is Article ~111 be
deemed to have been lullX complied.~Ith,
ARTICLE VIII
EXTERIOR ~I~r~NA~C~
gection 1. Exterior Haint*eance. Ia add£cion tO malotenanes uPOn
the Common Proper£1es, the lssociatio~ ~ay provide exterior maintenance upo~ eac~
Completed Living Unit uhtch is subject to assessment under Article V hereof, ss
Iollot~s: paint; repalr~ replace and care for roofs~'gut£ers, downspouts, exterfo~
bulldin~ so/faces, trees, shrubs, g~eas, walks, and other exterior improvenents.
Section 2. As~essaent of Cost. The cost of such exterior r~ainteeonce
~hall be assessed against the Livina Unit upon ~hich such ~aintenance is done and
shall be added to and become part o~ the annual maintenance a~sessment or charge
to whlcl~stmh Livfn~ Doit is subject under Article V hereof a~d, as'part of st~ch
annual assessment or charge~ ir sha!l be a lien and obligation ~t £he O$ner and.
-2l-
'60 k 25,1P c[ 751
shall become duo and payable in all respects as i,rovlded iu Article V hereoi. '
Provided that tbs Board o[ Directors of the Association, when establishing
un,er Article V hereof, may add there=o [he estimated cost o[ the ex[e;ior main-
tenance [or thac year buc shall, [hereaf:er~ sake ~uch adjustment ~'ith the
aa is necessary to reflect the actual cos: Ehereo[.
iectton 3. Access at Reasonable l[ours. For'the purpose aolel~ o[
pe:[otmln~ the exterior ~incenance authorized by this Article, the
~hrough its duly au~ho~iaad agents or e~Ployees~ shall have the rlgh:~ after
Ie~so=able no:ice to the O~ner~ to es:et upon a~y Lo: or ~e~or o~ any Livl~
Un£c at reasooable hours on any day e-xcept Saturday or Sunday.
AP, T!CLE IX
Section 1. Duratiuno The covenants and :estrictlo~s of this Declara-
:io~ shall run wi:hand bind the land, and shall inure.to the benelit of and be
~nforceable bY the Developer, the'tssociation, or the Owner of any
~o this Declaratton~ their ~espec~iva legal representatives~ heirs, successors,
and assigns, for a tern o[~ 12 years from the date this Declaration i~.~ecordeda
after ~hich time said covenants shall be automatically extended for successive
periods of ten (10)'years unless an instrument signed b~ the then-Owners of
L~o-thirda (2/3) of the Lots has been recorded, sgreein~ t~ change said coven'ante
· and restrictions in' ~hole or in part. For purposes el meeting th~
rcqufrcaent~ vhen Completed Living Un[cs are counted, the Lot or Leto upon
such Ceaplered Living Units are situs:ed shall ~ot be count~do Provided, ho~-
eve:, that no such agreement to change shall be effective unless made and
recorded three (3) years in a~vaace of the effective date off such chau~e~ and
unless vritten notice of the proposed agreement is sent to every O~ner at le~sc
ninety (90) days in advance of any acClon taken.
Section 2, Notices, Any aa'£Ice required to ba sent £o any }lamber or .
~;ner under :he provisions el Ellis De:larstlon shall he deemed Lo have been
· ' - 8oo 25,-1 'PACE :
..(
properly sent whcu m~*llcd, postpai~, to the last known address of. th~ parson ~'ho
appears as Hember or ~aner on the records of the'Associa~ion at tile time of such
· Section 3. Enforcement. £nforce~ent oi these covenants and restrtc~
Clans sl~all be by any proceeding et la~ or in equity against an}' person or per-
sons violating or attempting to via!ate any covenant or resCriction, e~her to
resCrain violation or to recover d~ages, and against the land to enforce any lien
created by these covenant~; and failure by the Association or any C~ner to en[orce
any covenant or restriction her~in con~ained shall in no'event b~ deemed a vaiver
o~ the right to do so thereafter.
See:ion l. Reservation. The ·Developer bas submitted to the au£hor-
!tie~ of Uppec Allen To~nship certain p~aus ~or th~ future developmen~ of
re~l.property described in Article Ii of this Declare:ton an~ such additions
thereto as ~ay hereafter ha~& to be r-~de pursuant ~o Article II, said plans hav-
ing been subm£t~ed in order to fulfill the requirements o6 to~nsb.tp ordinances
~nd the ~enusylvanfa Hunicipali:les Planning Code. Said plans are on fil~ vi:h
Upper Allen To,ship. The Developer~y be required :o mke'addi:lopal sub~is-
. ~tons o~ plan~ to said authorities. Ill such plans are'pare of the public con-
trols i~pose~ by the ~o~mship Board, the developers, oimers, resSden:s and users
of the project and they do no: creace~ and are no~ inCenSed to crea:e~ any
proper~y o~ con,rat: righ:s in the o~rs and.residents o~ the projeck. ~e pla~
which the Developer has Submit:ed :o the ~o~ns~p authorities rep:esen~ a p~an
developaen: vhich the Developer believes ~ill provit? maxilla benefits to' the
re~iden:~, ouners and the public. Du~ing. the ex:ended development program, however
plans ond ~hich may ~hreaLen the bene[~Cs to be ~erlved by the tesldenrs~ o~ners
an~ [he public unless such plans can be codified as p~esctlbed by the applicable
tot~nship ordinances. Accor~l~[gly, this Declaration is no: iniengcg'to nor does
proper to;~esbip authorities in accordance ~$~h ~he procedures se~ lorth In ~he
25,1 PAC . 753
Sect[on 5. Coordination o£ Finish Ccadin~ and LandscapinR O_O_O_O_O_perat[one~
To permit the coordl~ation of finish gradin§ and landscaping operations end the
provision of permanent end/or temporary storm drainage facilities es development
~ork p{o~resses from lot to lot, the Davel=per, at his expense, shall have the
ri§h't to change~ alter~ modify and/or revise the finish grade end to complete.
landscape work of the yard vithin ten (lO) feet of any lot lies end in drainers .
avalea.~eyo~d maid te~ (10) feet after title to n.lot and the dwelling thereon , .
has been transferred to eno~he~ O~ner.
Section 6. Severabillty. Invalidation 0£ any one of theee covenants
or restrictions by Judgment or Court Order shall tn no wise effect any other
provialons which shell ~emain in fu~l force and efieet..
A~ES~:
Preaiden~
-24-
:(
CO~L"IO/'~gAL'i'll OF P£NNSYLVA/~IA )
On £his, the ff~day of , 1980, before me, a No£ary
Poblic, the undersigned officer~ personally eppeared BE~$A~IIN L. ~EE/~/~N~
President o[ Allenvte~o Inc., successor to Breneman and Calabrese~ known
Co ~e (or satisfac~or~y proven) to be the person ~hose name is subscribed
755
ACKNO!4'LEDGHE NT
The undersigned, . ~ Sheller & Sons, Ine,, being kbe owner
of Lots L~, lB, lC, iD, 1E, 1i, 1G, and IH of Stage II, iection B, in
lllenview Planned Residential Development, through ira duly authorized
officers, acknowledgea that the Corporation approves the revisions to
the Supplementary Declaration of Covenants and Restrictions dated
lpril 10, 1980, to vhich this acknowledgment is attached,
-. _,SFIAFFKR & SO~S, INC.
BO K 254 756
~prove ~e revis~ons to ~e S~plemen~a~ Decl~afiio~ of Coven~ts ~d
Andrea L. ~iscavige,
State of Penrmyhmnla ~
Coun(l, of Cumberland / SS
fiecor~ed m the offi~ ~ ~ ~lng ~ D~
e~.. I~ and fo, Cum~nd ~u~, ~. .
,~/~ ~ vo,.~, ~z~/~
witness my ~d end s~l ~ o~ce. ei ;-
· Rear, er
John Iii. $1ike
Robert C. $aidis
Geoffrey $. Shuff
Albert H. Masland
Johnna J. Dei}y
Richard P. Ml~'ksky
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm
Law Offices
SAIDIS, SHUFF & MASLAND
A PROFESSIONAL CORPORATION
2109 Market Street · Post Office Box 737
Camp Hill, Pennsylvania 17001-0737
Telephone: (717) 737-34.05 · Facsimile: (717) 737-3407
Email: sgsm@ezonline.com
Carlisle Office:
26 W. High Street
Carlisle, PA 17013
Telephone: (717) 243-6222
Facsimile: (717) 24344-86
Reply To Camp Hill
December 30, 1998
Via Certified and
Regular Mail
Ronald & Sandra Morgan
909 Allenview Drive
Mechanicsburg, PA 17055
RE: Sign Removal
Dear Mr. and Mrs. Morgan:
Our firm represents the Allenview Homeowners Association ("the
Association"). At the time that you purchased the property known as 909
Allenview Drive, (the "Property") you agreed to be hound by the Declaration of
Covenants and Restrictions dated December 6, 1984 and recorded in the
Cumberland County Recorder of Deeds Office at Misc. Book 301, Page 290 (the
"Covenants and Restrictions"). I have enclosed a copy of the Covenants and
Restrictions for your reference.
Article II, subparagraph (k) of the Covenants of Restrictions provides as
follows:
"SIGNS" - No sign of any kind shall be displayed to public
view on any Lot except one sign of not more than five (5)
square feet advertising the property for sale or rent, or
signs used by a builder to advertise the property during
construction and/or the original sale period.
It has come to the Associations attention that a sign advertising "Ronald
S. Morgan, CPA Office" is currently being displayed on the Property. The said
sign does not comply with Article II, subparagraph (k) of the Covenants and
Restrictions and is therefore in violation of the Covenants and Restrictions. This
letter constitutes official notice by the Association to remove the said sign from
the Property within thirty (30) days of the date hereof.
Exhibit "B"
In the event the sign is not removed within the above time frame, the
Association has instructed our f'am to file suit against you for the removal
of the sign from the property.
Your amicipated cooperation in this matter is appreciated.
Enclosure
cc: Betty Fitzpatrick
Property Manager
Very truly yours,
SAIDIS/SHUFF & MASLAND
71~?~72~40~ SAIDIS SHL~F ~,c~SL~'ID 352 P¢2 FEB l? '01 12:$1
ALLENVIEW HOMEO~NI~RS
A~DCIATION, A PENNSYLYANIA
NON-PROFIT CORPORATION,
RONALD $. MORGAN, ~ONDRA
MORGAN, SONDRA $. BRUDNOK,
DANIBL J, BRUDNOK AND GARY
BLACK
: IN THE COURT OF COMMON PLI~AS
: CUMBERLAND COUNTY, PENNSYLVANIA
.-
:NO.
ACTION- EQUITY
hn~in at~ mnde ~j~ot ~o ~he pen~l~ of 18 P~. C~q. $o~doo 4904, ~_!~,i~g to u~wom
~ to atal~i~.
ALLRNVlgW HOM~OWNn~
~TION~ INC,
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-01117 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSOCIATI
VS
MORGAN RONALD S ET' AL
R. Thomas Kline
duly sworn according to law, says, that
inquiry for the Within named defendant,
BRUDNOK DANIEL J
unable to locate Him in his bailiwick.
COMPLAINT - EQUITY ,
NOTICE
the within named DEFENDANT
DEFT. MOVED LEFT NO FORWARDING,
AS PER ATTY.
,Sheriff or Deputy Sheriff, who being
he made a diligent search and
DEFENDANT
but was
He therefore returns the
BRUDNOK DANIEL J
RETURN NOT FOUND
LEDEBOHM ON 3/6/01.
, NOT FOUND as to
Sheriff's Costs:
Docketing 6
NOT FOUND RETURN 5
Affidavit
Surcharge 10
21
00
00
00
00
00
00 SAIDIS, SHUFF,
03/06/2001
Sworn and subscribed to before me
this /~-~ daV of ~
~_~?/ A.D.
Pr~t~Jnot ary ~
R. T~omas Kline
Sheriff of Cumberland County
FLOWER, LINDSAY
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-011117 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSOCIATI
VS
MORGA/q RONALD S ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named defendant,
BLACK GARY W
unable to
COMPLAINT
NOTICE
locate Him
EQUITY
in his bailiwick.
the within named DEFENDANT
DEFT. MOVED LEFT NO FORWARDING,
FOUND AS PER ATTY.
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
DEFENDANT
but was
He therefore returns the
BLACK GARY W
RETURN NOT
LEDEBOHM ON 3/6/01.
NOT FOUND as to
Sheriff's Costs:
Docketing 6.00
NOT FOUND RETURN 5.00
Affidavit .00
Surcharge 10.00
.00
21.00
R. {h'o~mas Kli e
Sheriff of Cuntberland County
SAIDIS, SHUFF, FLOWER, LINDSAY
03/06/2001
Sworn and subscribed to before me
this 7~?-'~ day of lPt~_J~
~.L A.P.
SHERIFF'S RETURN -
CASE NO: 2001-01117 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSOCIATI
VS
MORGAN RONALD S El' AL
REGULAR
CPL. MICHAEL BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - EQUITY
MORGAN RONALD S
DEFENDANT at 0012:19 HOURS,
at 909-911 ALLENVIEW DRIVE
MECPL~NICSBURG, PA 17055
SONDP~A S. MORGON (WIFE)
a true and attested copy of COMPLAINT
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 1st day of March , 2001
by handing to
EQUITY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.44
Affidavit .00
Surcharge 10.00
.00
35.44
Sworn and Subscribed to before
me this ]~--' day of
~ ~/ A.D.
/ ~ot~¬ary ' ~ r
So Answers
R. Thomas Kline
o3/o /2oo1
SAIDIS, SHUPF, FLOWER, LINDSAY
SHERIFF'S RETURN -
CASE NO: 2001-01117 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLENVIEW HOMEOWNERS ASSOCIATI
VS
MORGAN RONALD S ET AL
REGULAR
CPL. MICHAEL BARRICK
Cumberland County, Pennsylvania, who being
says, the within COMPLAINT - EQUITY
MORGAN SONDP~AA/K/A BRUDNOK SANDP~A J
DEFENDANT at 0012:19 HOURS, on the
at 909-911 ALLENVIEW DRIVE
MECHANICSBURG, PA 17055
SONDRA S. MORGON
a true and attested copy of COMPLAINT -
NOTICE
, Sheriff or Deputy Sheriff of
duly sworn according to law,
was served upon
the
1st day of March
2001
by handing to
EQUITY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ day of
744~ ~/ A.D.
Prothonotary /
So Answers:
R. Thomas Kline
03/06/2001
SAIDIS, SHUFF, FLOWER, LINDSAY
~ // Deput~y-~iff
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN A/K/A/SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
IN THE COURT OF COIVIIVION PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
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 atter 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 judgmant 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, OO 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
TRUE COPY FROM RECORD
"
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A/SONDRA J. BRUDNOK,
DANIEL $. BRUDNOK AND GARY W.
BLACK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION - EQUITY
;
NOTICIA
Le hun demandado a usted a la cone. 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
notification. Usted debe presentar una apariencia escrita o en persona o pot abogado y arehivar 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 defiench, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso o notification y pot cualquier queja o alivio que es peclido 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 ABAJO 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
2
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A SONDRA J. BRUDNOK,
DANIEL .1. BRUDNOK AND GARY W.
BLACK
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - EQUITY
COMPLAINT
AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION,
INC., by its attomeys, 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 Defendants, Ronald S. Morgan and Sondra Morgan a/k/a Sondra J. Brudnok are adult
individuals who reside at: 909-911 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania 17055.
3. Daniel J. Bmdnok is an adult individual who having a last known address of 911 Allenview
Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
4. Defendant Gary W. Black is an adult individual having a last known address of 911
Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
5. The Defendants Ronald S. Morgan, Sondra Morgan, Daniel J. Bmdnok, Sondra J. Bmdnok
and Gary W. Black are referred to herein collectively as "Defendants".
6. The Defendants Daniel $. Bmdnok, Sondra Morgan A/K/A Sondra Bmdnok and Gary W.
Black are the record owners of the duplex townhouse situate at and known as 909-911 Allenview Drive,
Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview
3
Development and under and subject to the Revision to Revised Supplementary Declaration of Covenants and
Restrictions dated April 10, 1980 ("Covenants and Restrictions"), a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference.
7. Plaintiff believes and therefore avers that Sondra Morgan and Sondra J. Brudnok are one and
the same adult individual.
8. Plaintiff believes and therefore avers that Ronald S. Morgan and Sondra Morgan A/K/A
Sondra J. Brndnok are in actual possession of the Property.
9. Defendants, Ronald S. Morgan and Sondra Morgan A/K/A Sondra J. Brudnok have held
themselves out to Plaintiff as the owners of the Property and Plaintiff believes and therefor avers that said
Defendants occupy the Property with the consent of the record owners of the Property and are therefore
subject to the Covenants and ResMctions.
10. The Defendants, as the owners and/or occupants of the Property, are members of the
Allenview Homeowner's Association (the "Association") and are governed by the By-Laws of the
Association (the "By-Laws").
11. Article II, Subparagraph (k) of the Covenants and Restrictions provides as follows:
Signs - No sign of any kind shall be displayed to public view on any lot
except one sign of not more than five (5) square feet advertising the property
for sale or rent, or signs used by a builder to advertise the property during
construction and/or the original sale period.
12. The Covenants and Restrictions at page one (I) further provide that it is the developer's,
"desire to create.., a residential community.., and.., to provide for the preservation of the values and
amenities in said community.., and, to this end, desires to subject the real property described in Article II,
together with such additions as may hereafter be made thereto (as provided in Article II), to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is and for the benefit of
said property and each owner thereof."
13. Plaintiff was specifically created and assigned the responsibility and authority to maintain and
administer the community properties and facilities and to administer and enforce the Covenants and
Restrictions.
14. Despite the provisions of the Covenants and Reslrictions in Article II(k) strictly prohibiting
the placement of any sign other than of the kind and type specifically provided for in that section, Defendants
have caused the placement and continue to maintain a sign which reads "Ronald S. Morgan, Certified Public
Accountant" (the "Commercial Sign") on the Property.
15. Plaintiff believes and therefore avers that the Commercial Sign is in violation of Article II,
Section (k) of the Covenants and Restrictions as well as the purpose of the Covenants and Restrictions which
is to provide for a "residential" community in that the Commercial Sign is commercial in nature designed to
promote a business purpose and is not permitted by the Covenants and Restrictions.
16. Plaintiff has forwarded a notice to Defendants requiring Defendants to remove the
Commercial Sign from the Property. A copy of the notice dated December 30, 1998, is attached hereto as
Exhibit "B" and made a part hereof.
17. Despite Plaintiff's demands, Defendants have failed and continue to fall to remove the
Commercial Sign from the Property and to comply with the Covenants and Restrictions.
18. As a result of Defendants' placement of the Commercial Sign on the Property and failure to
remove the Commercial Sign as requested, Defendants have damaged the residential character of the
community to the detriment o f Plaintiffand the property owners in the community.
~-IEREFORE, Plaintiff, Allenview Homeowners Association, requests this Honorable Court to
enter an Order in favor of Plaintiff and against Defendants, Ronald S. Morgan and Sondra Morgan A/KgA
Sondra J. Brudnok, Daniel J. Bmdnok, and Gary W. Black as follows:
a. Declaring the Commercial Sign to be in violation of the Covenants and Restrictions; and
b. Directing the Defendants to immediately remove the Commercial Sign from the
Property; and
Enjoining Defendants fi.om placing the Commercial Sign or any similar sign on the
Property in the future; and
Granting such other relief as the Court deems just and appropriate; and
Awarding to Plaintiff its reasonable legal fees and costs in connection with preparing
and filing this Complaint and in connection with enforcing the Covenants and
Restrictions.
Date: February 22, 2001
Respectfully submitted,
SAIDIS, SH/UFF, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
(717) 761-1881
Attorney for Plaintiff, ALLENVIEW
HOMEOWNERS ASSOCIATION, INC.
6
REVISION TO
gEVXSEO SU PPLE,~IENTAR¥
DECLARATION OF COVENANTS AND RESTRICTIONS
~IIS DECLARATION, made this loth day Of April, A.D., 1980,
· by ~llenvl~, Inc., successor to Breoeman and Cal~hrese~ hereloafter
called Developer of Allenvie~ Planned Residential Development. herein-
after called Allenvle~, located in Upper Allen Township, Cumberland
¢ounty~ P~nnsylvania.
~ITNESSE~[:
I~H£REA$~ Developer is the owner of the real property described
in Article II of this declaration and desires to create thereon a tesi-
dentin1 community with permanent parks, play§rounds~ open spaces~ and~
other cona'~on facilities for the benefit o[ the aaid co~uM~y; and
~[ER~S, Developer desires to provide for ~he prese~a~ion of
the values and amenities l~ said co~uni~y and for the ~fncenance o[
~aid parks~ playgrounds~open space~ and other coamon facilitieS;
to thi~ end, desire~ to subject the teal property described In Article
together ~th such additions as my hereafter be ~de thereto (a~ provided
in Article ~I)~ to the covenant~ restric~lon~ easements~ charge~ and
liens hereinafter ~et forths, each and all of ~hich is and are for the
benefit o[ said property and each o~ner thereof; and
~IE~A5~ Developer has deemed it desirable~ for the efficient
prese~a~lon of the values and amenities in said' co~uatty~ to create an
~Eency to ~hich should ha delegated and assigned the po~ers of ~lntaining and
a~lnlsterlnE the co--unity properties and facilities and a~ini~terinE and
enforcing the covenants ~nd restrictions and collecting and disbursing
as~esament~ and charges hereinafter created; and
~ER~S~ Developer has incorporated under the la~s oi th~
~ealth of Pennsylv~nia~ as a non-profit co~oration~ THE ALLE~I~i
O~NER5 ASSOCIATION~ for the purpose of ~ercisinE the /unctions a[o~esald;
· 25,1 731
NOW, ~IEREFORE, the Developer declares thaL the real proper~y
described iu Article Ils and such additions thereto as ~ay hereafter be
made pursuant to Article II hereof, is and shall bc held, transferreds
~old, conveyed and occupied subject to £he covenants, restrictions,
ARTICLE I
DEFY NITI0'.;S
Section I. The following ~ords, when used Is this DeclaraLlnn or
Supplemental Declaration (unless the context shall prohiblc)~ shall have
(a) "Asso~iatiou" shall mean and refer to the lllanvtes
l[omeo~ ~t's issoclatio~.
(b) "Tl~e Properties" shall mean and refer' to all such
exll;ting properties, and a~dltions thereto, as are subject to this
of Article 1I hereof.
(c) "Co.on Pro2erttes" shall mean and refer to only
those area~ o~ land shown om any recorded subdivision plat of ~e
P~aperties and intended to be devoted to the co~n use and enjoy-
menc of ~he owners of '~e Properties, and may include the land and
~mprove~ent5 for ~treets, ~ser~ants, parksi playgrounds, swi~
pools, pedestrtanways, and any buildings, structures or
ance~ incident thereto, Subject to the reservations con~ained In
Article IZ, Section 4 hereof.
(d} "LOC" shall mean and refer to amy plot of land
upon an~ recorded mubdigision map of ~e Properties w/th r}m
ceptiom of Commo~ Properties as heretofore defined.
(e) "Living Unit" shall mean and refer to any po~om of
a building situated upon ~e Properties deslgned.ond intended for
use and occupancy ~s a residence by a single family.
(f) "Completed Living Unit" shall 'mean and refer to
any portion of a building situated upon The Properties designed
and Intended for use and occupancy as a residence by a single
family for which an occupancy permit'has been received from the
appropriate township official.
(g) "Single Family Detached ~aelling" shall mean a
building used by one family, having' only one living unit and two
aide yards.
(h) "Single Family Semi-~etaohedDwalling" shall mess
a building used by one family, having one living unit and one side
yardAnd one party wall in common with another build£ng.
(l) "Single Family Attached Dwelling (now)" shall mean
a building used hy one family and having'one living unit and two
party walls In common with other buildings (such as townhouses).
(J) "Multi-Family Dwelling" shall mean m building used
by three or more families llvin~ independenEly of each other and
doing ~leir'own cooking, including apartment houses, or townhouaes.
(k) "Owner" shall mean and refer to the'record owner,
whether one or more persons or entities, of the fee eimple title
to any Lot or Living Unit situated upon The Properties, but, not~
withstanding any applicable theory of the mortgage, shall nog mean
or refer to the mortgagee unless and until such mortgagee has ac-
qu/red title pursuant to foreclosure or any proceeding in lieu of
for'eclosure.
(.1) "Member" shall mean and refec to all those Owner~
who are members, of the As~oe~ation as provided in Article III,
Section 1; hereof. '
(m) "Dew. eloper" shall mean and refer to Allenvtd~, Inc.,
~uccessor to Breneman and Calabrese, and to such other person or
. lega~ entity to whom Allenvlew, loc., successor to Breee~an and
Calnbrese, expressly assign tho rights of the Developer herein in
writing. .
ARTICLE II
PROPERTY SUBJECT ~0 ~IIIS DECLARATION:
ADDITIOMS.TDERETO
Section 1. Existing Property. The real property which is, and shall
he held, transferred, sold, conveyed, and occupied subject to this Declaration is
located in ~llenview, and iS more particularly described on the attached three
plats, Exhibit "A', titled Stage II, Section A, Final Subdivision Plan - Single
Family'and Two Family Lotsl Stage II, Section B, Final Sub-Division Plan - Town-
houses; Stage II, Section C, Final Sub-Division Plan - Common Open Space - Neigh-
borhood Com~ercial, which are recorded in 'the Office of the Recorder of Deeds,
Cumberland County, in Deed Book 36, Page 47, all of which real property shall
.
hereinafter be referred to as "Existing Property."
Section 2. Restric~ians for Use and Development, The Leto outlined
on said plats for Stage II shall be subject to tile following restrictions:
(a) Land Use and Build'ag Type~.
The la~d shall be used and a bulldin§ of the foll0win$ types and
no other shall be designed, erected, maintained a'nd occupied on said lots.
(1) Section
be permissible on each lot
No. 18, 19, 20, 21, 22, 23
Detached a~d/or Two Family
A of Stage II - Single Family Detached ~ellings shall
except that the developer reserves the right tn use Lots
& 30 for Single Family Detached, Single Family Semi-
Semi-Detached Dwelling Units. A private garage con-
forming to the architecture of tile dwellings may be dmsigned, erected, used and.
maintained only whsm incidental and accessory to £hs dwelling on said lots.
(2) Section B of Stage II - Single Famlly Attache~Dwellinge
(Townhousss shall be permissible).
(3) Section C of Stage I.__~I - Tbs following uses shall be permissible:
Open Space Recreation Uses, Recreation Buildings and Structures, Neighborhood Com-
mercial Buildings, and one-Eight Unit Apartment.
(b) Buildin~ Location and Land,caped Yards..HO building or any part there-
of shall be ertlcted or maintained closer than twenty-five {25) feet to any street
and, in the case of Hr. Allen Drive, Hertzler Road, amd all exterior boundaries of
Allenvlew, a building setback of not less than fifty (50) feet shall be maintained.
Hotwithstanding the above an. unoccupied open space shall be designed, lae~eped
and maintained in the front, side and rear yards of each Lot, tile' depth of which
shall he not less ~han shown on the recorded Final Subdivision and Land Development
(c) Outdoor Storage Areas. Firewood, bicycles, lawn mowers~
garden tools, furniture, and all other such ·articles shall be stared
tn are'as;appropriately located on the Lot to the rear of the d. welliog
and garage, and set back from all Lot linee ae mentioned above and
screened from all etreets, side and rear Lot lines, with a structure,
shrubs or hedge, in a location and manner approved by the Archttectuial
Control Co~/ttee. ' '
(d) 'Completion. All dwellings and garages shall be compl'etely
fin{shed'on the exterior and all grading and seeding shail 'be done
within one (1) year of the ~tar~ of construction or ground breaking.
Any excess earth or ground from any construction shall be the
of the Developer and shall be removed by the Lot owner a~ his ~pe~a
to a place designated in the dev~opmsn~ and determined by the Devel-
(e) Fences,' Hedges and Shrubs. Fences, hedges .and shah; shall
not be erected, planted or maintained In ~he above required yard spaces.
or along the Lot lines of any Lot unless approved by the Architectural.
Control Co,leVee.
(f) Mi~ht Distance. All trees, shrubs and structures ~hall be
located and ~intainad ~o that the might die,ante from vehicles is not
obmtruc~ed at all street and driveway intersections.
· (g) Pa=kln~paces. ' riot less than two (2) improved parking spaces
(~0' x 20') shall be located on the same Lot as each Living Unit.
(h) Easements.. All Lots and Lot Owners are subject ~o all cove-
nants, restrictions, rlghtm-of-way and easements of record, as well as
aubJect to ~11 present or future, zoning ordinances or building regula-
~ions of the Tol~nshlp of Upper Allen, Cumberland County, Pennsylvania.
(i) N~isances. ~o noxloum or offensive activity shall be. carribd'
on upon any Lot, nor s}~all am~thing be done ~hereon which may ~e or
~y become an annoyance, ~ulsance, or of aemtbetic damage ~o the neigh-
borbood, ~or upon a~y street In Alle~icw.
25.1 735
(j) Temporary Structures, No temporary dwellings shall he
erected er mnintained on any Lot. Carn~es~ basements or any temporary
structure si[all not be used for human habitation. Bo prefabricated
construction or othe~lse, or any concrete slab foundation shall be
permitted unless specifically approved in writing prior thereto by the
Developer. lie trallers./~ents, shacks, barns or boats, or any type of
outbuilding, unles~ previously approved ia writing by the Developer,
~all be erected on any Lot, nor parked om a street in Allenv£ew. '
on any Lot except one sign of not more than five (5) square feat advet'-
tlsing the property for sale or rent, or sigss used by a bullde~ to
advertise the property during construction and/or the original sale
period.
(1) Liv~-%tock and Poultry. tnimls, ltvesteck er poultry; ex-
rafting household pets, shall mot be raised, bred or kep5 on any Lpt.
H~usehold pets may be ~ept. p~ovidad they are not kept, bred or'main-
tained for any commercial purposms, 'No~withstasdlng tbs above, the
noa-cormm~rcial keeping o~ bursas or ponies for the recreation use by
the Owner of s Lot w/il be permitted on Lots of five {5) acres or more,
as provided in Section 2(a) hereof. An accessory structure shall be
permitted on a Lot only when approved by the Arch/textureI Control '
Co.mi t tee.
(la) Garbage and Refuse Disposal. The Owners of all ~ots shall~
at their expense,· conoec~ to the public sewer and water'~ystems. No
'Lot shall be used or maintained as a dumping ground for rubbish. All
trash,, garbage or other waste shall be kept in sanitary containers amd
placed in specified locations for collection. ~e burning of trash.
debris end leaves shall not be permLtted on a l.ot';'.~,
254 Pice
(n) Dele¥ of D~elllx~g Construction. Should the Owner of cay
Lot not construct n home ~ith/n one (1) year of the purchase of ~eid
Lot, then the Lot O~ner must seed and maintain the Lot so as not to
detract from the overall developemenC.
(o) Architectural Control Committee. The ~ner of a Lot shall
mitred structure until the Architectural Control Committee has re~'''''':
viewed and approved the proposed plan sho~lng the type of structure
:o he placed on agid Lot. The provisions of this sec:ion shall not
apply to Developer during original construction.
(p) Street ~i&~ts. Stree: lights of a uniform design shell b~.
installed throughout Allenvie~ under the supervision of the Developer.
and the Architectural Control Committee.
(q) Utility Semite Lines. AIl utility se~tce lines shall be'
~nskalled under,round ~here feasible.
Section 3. Additions ~o ~lscing Property. Additional lands ~
come ~ubJec: to rhis declaration tn the follouing manner:
(a) .Additions in Accordance with the Tentative Development and
Stese Plan, ~e Developer, its hel~s and assigns, shall have the
r~gh~ to bring ~t:hin :he scheme of [his Declaration additional prop-
erCieu In [u:ure stages of the developmene,.as generally outlined on
the a~cached (Exhibit "B';) Tentative Development and Stag[ag Plan,
da:ed Februa~ 25~ 1980.
Said Tentative Development and Staging Plan outlines :he proposed
addikibns to the Existing Property and con~ains:
(1) a general indication of size and location of the
additional stages for development of the following uses and
building types:
STATE III - Single ramtl~ Detached ~elltngS
Single Family Semi-Detached ~elllngs (0~plexes)
· Single r~ily Attached Duellings (Tounhouses)
Apartmen:s (3-story Carden Type);
73 '7
(2)- the approximate size and location o[ common properties
reserved for dedication ~ltb each stage;
(3) the general nature of proposed common [acllitics ~nd
. improvements, including the provision of improved yard spaces and
not: less than t~o (2) it~proved parking spaces required to serve
all. L/ving Units, including the Apartment and To~nhouse properties;
(6) a statement that the proposed additions, if made, ~11 :
expenses; and
(5} a acheduXe for termination o~ the Developer% r~g~t u~dar
the provision et this sub-section to bring.additional develnpaen~
scheme.
Unless otherwise stated therein, said Tentative Development and Sta~'Ln~
Plan shall not bind the Developer; its heirs and assigns, to make'tho
proposed additions or Co adhere to the Plan in. any subsequaltC ~evelop-
~.~nt of the land sho~ thereon and the Tentative' DeveloPment an~ Stag~
Plan conLains a 'conspicUous s~aC~enC to this e/fe~C.
~e addicion~ auLhorized under tlt[o and the succeeding sub-sectto~
shall be ~de by [lling el record a Final Subdivision and Land Devalo~
men: Plan for each 5Cage and a Supple~eaCar~ Declaration of Covenants
and Res:fictions ~l~h respect Co the additional property.
~e location and acrangaaenC o[ buildings, s~ceets, yards and open
apace anti the size and bulk of buildings as indicated fin the Tentative
Development and Staging Plan may he amended, revised, altered or changed
subject t:o the approval of Upper Allen Township provided, ~o~ever, that
the uae of the land ~halL be lint:ed to one or hake of ~he within de-
scribed residential building types.
Such Snpplemeeta~y Declaration may contain such compleeent'ary
additions and modifications of the covenants and restriEtions contained'
in £his Declaratloa as may ba necessary to refiec£ the dii£erent char-
acter, i£ any, og the addad properties and a~ ,~re not inconsistent ulth
the scheme of this Declaration. In no event, he.ever, shall snch Supple-
~e~tary DcclaraLion revoke, ~odify or add to the covenants established
by.this Declara~im~ wirhln the Existing Property. '
(b)' Orhe~ Addiriong. Additions other than those authorized by
~ub-seccion Ca) herein may be t~ade upon approval in ~rlCing o[ ~he .
25,1 '23 ' '.'.. :
Association pursuant to approval by a rue-thirds (2/3) vote of each
class of membersh!p, as described in Article III, Section 2. The
Os;net o~ any property who desires Lo add it to the scheme of this
Declarntion and to eubJect it to the jurisdiction of the Association,
may file or reeord'n $upplenentary Declaration of Covenants and
Restrictions,'as desc~ib~d in subsection (a) hereof. -
(c) Hercers. Upon n ~erger or consolidation.of the Association
with another association as provided in its Articles of
its properties, rights and obligations may, by operation of lay, be
trnnsferred re another surviving or consolidated a~sociation or,
ternaeively, the propert{es, rights and obligations of another
tion'may~ by operation of law, be added to the properties, rights and
obligations of th~ Association es a surviving corporation'pursuant to
e merger. Tile su~viving or consolidated association nay admlnls£e:
the covenants al~& restrictions established by this Declaration
the Existing Property, together ~lth the covenants a~d
established upon any other properties as one scheme. Ho su~t merger
'or consoltdation~ hot, ever, shall affect any revocation~ change or
tion to the covenants established by this Declaration within the Exist-
ing Property except as hereinafter provided.
ARTICLE ~l[
I~E~ERSH~P AND VOTI{IG RIGHTS ~llg ASSOG~ATION
Section 1o Hembership. Every person or entity vho is n record O~me
of a fee or undivided fee in any Lot ~h/ch ia subject by covenants of record
assessment by tile Association shall be a member of the Association, provided
that any such person or entity who holds such lntqrest merely as a accufit .fo
the performance of an obligation shall not be a me~ber. '
· 254
7'39
Section 2, VotleF, Rights, The Association sh;~l! have two classes
membership:
Class A. Class A me~bers shall he all those Owners as defined
in Section 1 uith the exception of the Developer. Class A members
shall be entitled to one vote for each Lot (or Living Uult) in uhich
they hold the interest~ r~quired for membership by Section 1. L~efl
Living Unit), all such persons shall be members, and the vote for
such Lot (or Living Unit) shall bm exercised as they among themselves
mpec: ~o any such Lot (or I.tvlng Dolt).
Class B. Class B members shall be the Developer. Thru Class ~
member shall be entitled to three vote.s for ench Lot in whicK it
holds the interest required for membership by Section 1 (and for
every Livimg Uait in any }lultt-Famtly Structure o~ed by it umtil
such Unit is first sold), provided tha~ the Clas~ B membership shall
cease and become converted co Class A Membership om the.happening of
any of ~he following events, whichever occurs earlier;
(a) whem"~he ~otal votes outsta~dlug in th~ Class A
membmr~hlp equal the total votes outs~nding in
(b). . twenty (20) yeats from tile dare hereof.
From and after the happening of these events, whichever occurs
earlier, the Class B member shall be deemed to he.s Class A me~ber
entitled to one vote for each Lot (or Living Unit) in which it holds
th~ interests required for membership under Sectioil 1.
(For purposes of db£ermiaieg tile votes allowed under this Sectioe,
whe~ Livl;~g Units are coqated, the Lot or Lots upon which euch
'Living Units are situated shall not be counted,)
ARTICLE IV
PROPERTY RICHTS IN THE COMMON PROPERTIES
SeCtion 1. Members' Easements of Enjoyment. Subject to the provisions
of See£ion 3, every }!ember shall have a right and easement of enjoyment i~ amd
to the Co'non Properties and such easement shall be appur£~nant to and shall pass
wt~h the £1~1o or lease .to every Lot (or Living Unit).
Section 2. Title to Co~on Properties. Notwithstanding any p~ovlsion
herein, the Developer hereby covenants, for itself, its heirs and assigns, that.
it shall convey as Con~mon Properties the followlhg:
(a) Rights-of-way and easementm for streets, ~anltary
and storm drainagewaya ~ith completed improvements
~llan ~oon~h~p~ nnd ~hall ~a offered for ~edic~lon
(b) The title :e co-----on open space [or parks, zecreatlon and
other common facllitie~ ~!ch i~provcmenCs in place shall b~ trans-
ferred to the Association under the COndit£on that the Association
shall have or hire adequate staff to administer co~on facilities m
maintain the common ope~ space.
(c) Easements loc ~ater, electric~ telephone, televiston~ and
other uttl£ty services~ shall be provided to the respective ope~a:l~
Section 3. Extent to ~bers! Easements. ~he rights and easement~
enjoyment ~reatcd hereby ~all be subject to the go~lowing:
'' ' ' (a) ~he right og the Association, in accordance ~ich its Attic
of Incorporation and By-Laos. to borro~ money for the purpose o[ im~
proving the Co.on Properties and in aid thereo£ tq mor:gage said pr
erties. In the event of a default upon'any such ~ortgage, ~he lends
~lghta hereunder shall be liaited to a rig~, after taking possessto
og such propertfes, to chacge admission, and other fees as a coodlti,
to continued enjoymenC by the ~eabers and, if necessary~ to opes the
enjoyment og such properties to a ~tder public until the mortgage d~
is satlsfted~ vhereupon the possession of such propertie~ shall be r~
turned to the lssociatioa'and ali rights pf ~he Hembers ~erhuader shl
be gully r~sCored; .and .
(b) The righ~ of the tssociaClon to take step~ as are ~eason-
ably ~ecessary to pro:oct the above-described propel:les against gore
'closure; and
(c) The right of the tsso¢iation, as provided in its Articles s
By-La~s~ to suspend the enjol~ant rights of sag }lember for any period
during ~hich any asse~s~enc rerdalns unpaid, and got any.period not to
exceed thirty (30) days for any te£raction of its published rules'and
iegulati~ns; and
(d) Ihs right of the Association to charge reasonable edaission'
and other fees for the use of the CoR,mon Propor£ies; a~d
(e) The right of individual Hemhers tn the exclus/va use of
parking spaces as provided in Section I he,reef; and
(f) The right of the Association to dedicate or transect all
or any part of the Common P~opert/es to any public ~gency. authority,
or ntility £or such purposes and subject to such conditions es may be
agreed to by the tlember$, provided that no such dedication or transfer,
'j '- determination as to the purposes or as to the conditions thereof, shall
be effective unless an instrument signed by Hem'oers entitled to cast
~o-thtrds (2/3) of the votes of each class of membership has been
recorded, agreeing to ~uch dedicat£ou, transfer, purpose or tend/t/on.
and unless-~rit:en noti~e of the proposed agreement aud action there-
under is sent to every Heaber ar least ninety (90) days in advance o~
any action to be taken. It is understood and s~reed that no'such public
agenc~ or au£~orlt~ ts obligated to accep~ any such dedication or t~atts~
get; and
i .(g) In the event tha~ the Association shall; at any rime, fail
to aatetaia the common properties under its Jurf~dic~ion in reasonable
order and condition in accordance with the development plan. Upper Allen
Township ~ay serve vrit~ee entice on the Association or the O~ners
setting forth tho manner in I~bich the Association has failed to main-
rain the co.ann open space ia reasonable condirlon; and said notice
shall include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof and shall state the da~e and piece of
a hearing thereon ~hich shall be held within fourteen (14) days of the
~otlce. At s~ch hearing, the Township may modify the terns of the
original notice as to the deficiencies and ~.ay give an extension of
rime within ubich they shall be cured. If the deficiencies set forth
in the original notice or the modifications thereof chalL nor be cured
within said thirty (30) days or any ~tenslon thereof, 'the ~ownship,
in order to preserve the taxable values of the properties uitliin Allen-
view and prevent the coa~an open space' frae becoming a pubii~ nuisance.
· dod of one year. Said entry and ~aintenance shall not.ve~t in
public any rlghLs to use the common'open space except when the same
voluntarily dedicated to the public by the residents and Ouners.
Before the expiration of said year. the Township shall, upon
initiative or upon the request of the Association call a public
hearing upon notice to the Association and Owners to be held by
Township, at vbtch hearing such Association and Owners shal~
cause why'such maintenance hy the Townbhip shall nog, at Ehe eXect~on
of the Toonship, continue for a succeeding year. Xf the
shall determine ~haC the Association ia ready and able ~o
said commo~ open space in a reasonable condition~ the Tovnship shall
cease to maintain said co.on open space a~ the end o~
If the To.ship shall demesne the Associa~io~ ~s. not ready and
to ~-~inCaln ~ald co.on o~en space in a reasonable condi:ion~ the
lo. ship may~ at its discreclon~' continue t~ ~in:ain said co.on opm
~pace gurlna the r~: succead~ng year and~ ~ubject to a simtla~ hear-
ing and deter~ina:ion~ in each year thereafter. The decision si the
Township in any such case shall constitute a final administrative de-
cision subject ~o judicial revlea.
~e cost sE such maintenance by the Township shall be assessed
rs:ably agalns: the properties vlthin illenvte~ tha~ have a
enJoymen: sE the co--on open ~pace an& shall becom~ a t~ lien on sat/
propeI:ies. ~aid assessments or charges shall be subordinaLe in lien
to the lien of any mor~Eage or mortgages on the propetty vhich is sub-
·Ject to such assessments or Charges regardless sE ~hen said mortgage
~r mor:Ea&es ~ere crea~ed o~ ~hen such assessmenLs or cha~ges
provided such subordina:ion shall apply only to assessments or char~es
that have become payable prior to the passing o~ ti:lc under [o:eclos~
. of such mortgage or mot:gages and :be'transferee sIiall no: be liable
for payment o[ any'assessments or cha~es accruing prior is said fo~e-
closure; buc nothiug herein shall be held to affect thc rights herein
Etve~ to enforce Lhe collection o[ such asaeosment5 o~ charges acccuin
al:er sale under Ioreclo~ure o[ such nortgage or mortgages; and pro-.
vlded, iurtber, that such charges accruing al:er sale shall also be
subordinate in lien to the lien of any further mortgage or
· which are placed on property subject co such assessments or charge~
~ith the intent that no such charges shal~ et any ti~e be p~io~
el ~he ProchonoCa~ of the County on the pr~perCie~ affecCea by such
lien ~lthin ~h~ planned residential development.
5es:ion 6, Parking Rights, ~e Association shall'~tntain upon the
Co~a~n Properties a: leas: rye (2) parking spaces fo: eacl~. Li~lng Oat: ia areas
di:io~, the lss0cie:ion shall designate at leas: t~o (2) parking spaces conven-
~intena~ca and designation by ~he Association ~hall ba appu~e~nC tq and shall
pass with tl!e title to each Livlnt On/~. :
ARTICLE V
COVENANT FOR MAINTENanCE
.Section 1, Creation of the Llen and Personal Obligation of Assessments.
The Developer for each Completed Living Unit owned by }tim ~f~hin The PrOperties
hereby covenants 'and each ~mer of any Completed Living UoiC hi acceptance of a
deed therefor, ~hether or not it shall be so expressed in gay sucl~ deed mr other
conveyance, shall be deemed to covenant and agree to pay to the Association: .
ann~sl assessments or charges; (2) special aesessment~.for capital i~pravem~ts,
such assessments t~ he fixed; established, and collected from time to ti~e as here
inafLer provided. ~he annual and special assessmenLss' together witl~ such interest
thereon and costs of collection thereof, as hereinafter provided, ~hall be a
BO0 254 PACE 74,1' --'
charge on the la,d and shall be a continuing'lien upon the property against
interest thereon and cost of collection thereof, as hereinafter provided, ohall
also be the personal obligation of the person ~ho was tile Owner of such property
at 'th~ time vhen the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Assoct0tion shall be used exclusively for the purpose of'promoting the recreation
health, safety and yellers of the resid~nts l~ The Properties and in particular
for the improvement and maintenance of properties, services, and facilities de-
i
voted to this purpose and related to the use and enjoyment o[ the Common Prop- -
ertles and of the homes situated upon The Properties, including, but not limi[ed
to, the payment of taxes and insurance thereon arid.repair, replacement and addi-
tions.thereto, and for the cost of labor, equipment, alaterials, msna§ements and
supervisions thereof.
Section 3.
Basis at Annual Assessments.
The Associatlon~ through .
!ts Board of Dlrectors~ ~hall fix the annual assessment per lot based upon the
estimated cost o~ carryln~ out the responsibilities o~ the Association. There
shall be t~o types o~ annual assessment as tollo~s: '- ·
(a) Oenersl assessments applicable to all record oynera of lots
upon'~hlcb ere constructed single-famll~ or t~o-~amily d~etlings~.
to~nhouses,, apartments'and condominiums. Said properties shall be
assessable for the following purposes on~y:
I. ~he la,ns and planting as outlined on the Pln~l Sub-
' division Plans under the title'of Co~on Open Space.
2. Tile side~alks and pedestrian~ays in the public rights-
of-ray easements and in con=non open space as outlined on the
Final Subdivision Plans,
3. Outdoor lighting in p,blic rlghts-of-~ay and on co--on'
properties.
,~.. £ssential ir.~provements snch as drives, sanitary se~ers~
baler lines, fire hydrants~ storm se~ers, fences, signs and other
o
facilities essential for the rise and ~aintenaoce nE Col.-ann Prop-
:.. .... .. · ' i~UOK 254'riCE' '7-15 ''' m ': ~ I ' '
5. Recreation facilities such aa slaimmlng pn~ls, tennis
courts, ptayRround equipment, pien£c [acllitiea.ond any strut-
turns or appurtenances related thereto.
6. Liability and Property Damage Insurance relating £o
the aforementioned Common Properties.
7. Capital Reserves as deemed necessary for reptacement
the a£oremenCioned Come,on Properties.
8. Trash Collection Service.
f
9. Harassment Services. .
(b) Limited assessments app~icabl~ only to record o~ne~s o~
· '~tving units in Stage 2-g - 5~ to~nhouse8, Stase 3-B.- ~06 Courthouses,
Stage 3-A - 52 apartments or condominiums, and Stage 3-C - ~6 epar~-
meats or condominiums. Such ltm/ted assessments sha~l be'assessable
for the ~nllo~ing p~rpos~s and shall be an additional assessment over
and above tha~ provided under Section ](a) above:
Parking lots. and related improvements.
2. La,ns and planting.
3. Exterior of to~nhouse and apartment buildings.
Limited assessments shall not be applied against property o~ners ~f
e£ngle-famLly or Cvo-family d~ellings.
Section ~. Special Assessments for Capita[ [mprovemenCSo Zn
to the annual assessments authorized by Section 3 hereof, the.Association may
levy in any oasessmenC year a special assessment, applicable to thac year only,
ior the purpose of defrayins, in ~hole or in parC, the coat o/'any construction
or reconstruction, unexpected repair or replacem2nt of s described capital
provement upon tbs Common Proper£ies~ including the necessary fix[urea and per-
' aooal property related :hereto~ provided ~hat an? such assessment.shall have the
assent o~ £wo-thirds (2/3) of the votes of each ciasa of· Hashers vho ore voting
in person or by proxy et a meeting duly called for this purpose, ~r~te~ notice
et ~hich shall be sent to all Hembers et least thirty (30) days in advance and
sha~l set [~yth the purpose of the ;~eeting. ,
-16-
su0 25,1 PAcE 7-16
Section ~o C~hnn~c iq gn.st~ nn~l ,Nnxtraum o£ Annual
Subject :o the ~mItat~or~s off S=c:~on 3 hereo~, an~ ~o= [he pe=~ods the=e~n
~pec~fted, ~he Association may ch~g~ the maxtmua and ba~ls o~ the ausessmenC
~lxed by Section 3 hereof prospectively for any such pec~od p~ov~de~ that.any
such change =hal~ have the a~sen= of t~o-tht~s ~2/3) o~ ~he ~otes o~ each
c~ass o[' [.[embers who are voting ~n person or by proxy, ak a ~eettng dn~y ~
called for this purpose, ~i~ten .notice 'of ~hiLh ~ha~: be sent :o ~11 flembers
a: leasC thirty (30) days in advance and shall ae~ forth the purpose of
~eeting, prodded fur:he~ :haC the.ii~CaCioqs ag SeaClon 3 hereo~ shall ~o.:
a~ ~nciden: :o n merge~ or consollda:ion in ~hich the A~soa~ation ~ a~thor~ze
to parCicipa:= un&er ~s Ar~ic2es of ~ncorpora~ion and under Ar:lcle'X~ Sec:i
2, hereoff.
Section 6. .quorum for Any Ac:ion Authorized Under' SecR~on9 6.and 5.
~e quo~ required for any acLion ~u~horized by SeCtions 4 and ~ hereo~ ~ha~l
A~ the fir~ ~eetl~g called~ as provided in Sections l' and 5 hereoi~
the presence at ~he meetl~ of I.leabe~s~ or of proxies~ entitled to cas~ sixt~
pecceaC at all the votes ag each cla~s of membership shall constitute a quorum.
~ the required quorum is hoc [orchco~ing a: any ~eeCing. ano~he~ ~eeCing ~ay
~equired quo~u~ ~t any such subsequent ~eetinE shall be one-bali oi the
quoru~'~t the preceding neetinfi, pro'xtded ~lm~ no such subsequent meet~ng ~hall
be held mere' than sixty (60) days follo'aing the preceding meeting.
· Section 7. D~te of Co~ee:a=ent of Annual As~:essments: Due Dares.
~he annual assessments provided for herein shal~ commence on the dare (which
be the,,firqt day o~ a r~onth) f~xed b}' the Board o[ Directors of the
to be th~ date of coraence~ent.
-17-
254 74'7."... \'..
The first annual assessments shall be Bade for the balance of
calendar year and shall becozz duz and payable on the day fixed for convince-
mont. The assessments for any year, after the first year, shall become due
and payable on the first clay of Hatch of said year.
The an, aunt of the annual assessment ~blcb may be levied for the
balance remaining in the first year of assessmaet shall be an amount %~htch bears
Lha same r~ln~ionship Lo the annual assessmen~ provided for ~n Section 3 hereof
as :he remaiqing number of months in that year bear to twelve. ~te same reduction.
in the amount of the assessment shall apply Co .the first asses~men: levie& agatns~~
any property ~hich is hereafcer added :o t~e proper:iea uo*a subject to a~saaamenC ~
~te due date of any special assessment under Section 4 hereof shall be ~
fixed '~n £he resolution authorizing such assessment. ~
Section 8. Duties of the Board of Directors. ~l~e Board of Directors
· Of t~,a Association shall fix the date of commencement and the amouR: o[ the assess-
men? against each Completed Living Unit for each assessment period at least thirty
(30) days ~n advance of such ~ate or period and shall,' at that fine, prepare
roster of the properties and assessments applicable :hereto %~]kic. h shall be kept ~n.
£hz office of the Ass0cla:io~ and shall be open to inspection by any
notice of :he assessmenC shall thereupon be sen: to every O~ner
~ubj eot thereto. .
The Association sball~ upon demand, at any t~me, furnish' to 'any O)mer
- l~able for said assessment a certificate im ~'r££tng s~gned by an office~ of the
Association, setting forth ~he~ha~ said assessment bas 5ee~ pa~d. Such core,fi-
cate shall be conclusive evidence of payment of any assessment therein sCa:ed ~o
have been paid.
Section 9. Effect'of Non-Pa)-aent of ^ssess,nent: TI~e Personal 0bliRa-
ties of the O~¢ner; ~qtc Lien; Remedies of Association. If the assessments are nec
paid on the date when du~ (being the' dates specified.in Section 7 hereof), then
aucb assessment shall become delinquent and r,h~ll, tor. e~her uitb ~uch ln~rcac
thereon and cost of collection ~haruof, as bereinnfter provided, tberetipon become
-18- ~
noo 254 At[ 7-18-
.(_
n continuing lie. on the property wh!ch shall hind such property ia tho hands
of the then Owner, his heirs, devisees, personal representatives sad
' The per~ona~ obligation of the then ~aner :o p~y such a~essmenC, however, sha~
remain h~s personaX obligation for :h~ ~c~cucory period .and sha~ hoc pass to
hi~ ~ucceasor~ t, ti~e un~ess e~press~y a~sumed by chem.
Zf the assessment is hOC p~d ~lthin thirty (30) days after the d~- '
~inqueacy date, th~ assessment shall bear interest from the date of deltnquencr
nE the ~ate of meven percent per annum, and the Association may bring an
action at law agai~t the ~ner persomally oblig~ted co pay the same or to fore
clo~e the lien against the prope~:y, and there, shall be added to the amoun~ of
~uch assessment the costs of preparimg and filing the complatm~ in such action,
amd~ in the event a Judgment is obtained, such judgment shall include in~e:esC ,
the assessment as above provided and a reasonable attorney's fee to be'i~ed
the court, together with the costs of the action.
Section 10. Subordination of the Lien to }lort~Kes.' The lien of
assessments provided for herein shall be ~ubordtnate to the lien of any mo:tga'g,
or mortgages now or hereafter placed upon the properties subject to assessment;
provided, however, that ~uclt subordination shall apply only to the '~ssesmmenCs
which have become due mad payable prior to a sale or transfer ~f such property
pureuant to a decree of foreclosure, or amy other proceeding in lieu of for~
closure. Such sale or transfer shall not relieve such property from Iiabill~
for an}' assessment; thereafter becoming due, nor from the lien o[ any such sub-
sequent assessment.
Section 11. Exempt Property. ~he lollowlng property subject to this
Declaration ~hall be exempted from the assessments, charges mn~ liens created
herein: (a) all properties to th-m ex:eat of a~y easement or other interest the
tn dedlcate~l and accepted hy the local public authority and aevotdd .to publl~ u:
(b) all Corrado, Properties as deflaeC in Article 1, Section 1, hereof; (c) all
proper[les exempted from taxatiou b~' the laws of the Commonwealth of l'cnn~ylvan
'upon th~ terse and to the extcn~ of such legal exclnpt'ion.
}lotwlthstnndln~ a~y provJs!on~ herein, no Completed Living ~nit
to dwelling use shall he exempt from. sal~ assessment, charges or liens.
ARTICLE Vi'
PARTY HALLS FOR DUPLEXES, APART:-IENTS AND TOWNIIOUSES
Section 1; General Rules si Law ~o Apply. Each wall which is built
as parr of the original construction sE the homes upon The Properties and placed
on the dividing line beL~een £he Lots shall constitute a party wall, and to the
extent not ~nconsistent with the provisions of thi~ Article, tile general rules
of law regardfn~ party walls and of liability [or property damage due to negli-
geet or willful acts or emissions shall apply thereto.
Section 2. Sba;lng 9f Re0air ned Haintenance. Tl~e cost of reasonablm
repair and maintenance of a party wall shall be shared by the Owners who ~ka
Section 3. Destruction By Fire or Other Casualty. If ~ pa~ty wall ia
er Has-.aged by fire or other casualty, any Owner who has u~-ed the wall
,may restore it, and if the ether ~.~n~rs £hereafter make use of £ha wall, .they
shall-contribute to the cost of restoration thereof in proport'ton to such usa
wlthou~ preJudice,'however, to the right of any such O~ne~s to call for a larger:
contribution from the others under an7 rule of law regarding liahllit~ for negli--
geot o~ willful acts or omissions.
.'' Section 4. Weatherproofing. Hotwithstanding any other provialon of
thi; Article, am Owner who, by his negligent or willful act, causes the party
wall to Bm exposed to tlke elements shall hear the whole cost of furnishing the
{tecessa~ pro~cc~ion against such elements. ...
Section 5- Right to Comer!button Runs with Lan~. ~he rtih~ of an~
~nec to contribution from any o~hec ~er under this Article shall b~ ~ppu~Cenam~
to the land and shall pass to such ~ar'~ ~uccessors in title.
Section 6. Arbitration. In th~ event of any dispute arising concern-
ing a party wall, or under the pro'¢lsio~s of this A~ticle, each party shal~ '
choose one arbitratol~, and such arbia','ators shall choose on~ add'illegal arbitra-
tor; and the decisions of a mJorlty of all tim arbitrators shall be final and
concluulve of the question iovolv~.d. .
-20-
soo, ?.5:1 Acc 750
~RTICLE
ARCI[ITECTORAL CONTROL CO~'~[[TTEE
Section 1. Re.~!a~ by Co~.~tttee, No building, lance, wall or othal
at,ucture sba1! be commenced, erected or ~alntaloed' upon ~he Froper:le~ nor
sha~! any exterior addition to or change or alteration therein be made uaCtl
the plans and specifications sbo~!ng the natnre, kind, sb~pe~ beigh:,,-materi~
and location o~ the ~a~e shall h~ve been submitted to and approved ~n uritin
aa to harmony o[ exteroal design end location in ~elation to surrounding
turns and topography by the Board of Directors of' the Association, o~ by an
~rchitectural co~u~lttee c~mpo~ed o~ thtea. (3) or ~ore r~preaenta~lve~ oppoln~
by the Board.. In the event aatd board, or its designated eomml~tee~ iail~ to
epprovg or disapprove such design eei loca£ion within tbiriy (30) days
~aid plan~ and speclfication~ hav~ b~en ~ub~ttted to ~t~ ~r in any even~ if
aui£ to enjoin the a~ition~ alteration or change bas been cormenee~ prior to
the ¢ompleLton tbereo~, approval ~lll no: be required en~ t~ia Artiale will
aeemed to have been fully complied.with,
Section 1. Exterior Halntanance. In addition t9 ~in[enanco upgn
Completed Living Unit ~hich is subject to assess=en~ under Article V bazaar, a
ffollo~s: pa~n~ zcpair~ replace =n~ care [or roofs~'gucters~ downspouts) ex,e:
build/nE sut~iaces, trees~ shrubs, grass, walks~ and other exterior improvemea~l
. Scction 2. Assessment of Cost. The cost of such exterior mafnCenom
annual ao~es~ment or charge~ lC sbn!l be a lien and obligation ~[ the ~;ner and
shall become due and payable in all respects as provided i~t Article V hnreo[. '
Provided tha£ the Board o[ ~irecCors of thc A~soclation, uhe~t cscabll~hinE the
under Ar:ic~e V hereo[~ may add thereto the estimated cost oE the exterior ma[n-
:enance for thac year bu~ shall. ~hereaf:er. ~a~e such adjustment ~ith the ~ner
a~ Is necessary ~o reelect the ac~tma~ cos~ thereo/.
~ecCion 3. Access aC Reasonable Hours. For'the purpose ~o~ely o~
pez~orm[n~ tl~t exterior ~iucenance authorized by this Article, the Association,
UaL: a: :easo~b~e hour~ on any day ~cep: Saturday et Sueday.
ARTICLE IX
Section 1. Duration. The covenants and restrictions of this Declara-
tier. shall run with and hind the land, and shall inure .to the benelt~ of and be
enforceable bY the D~veloper, the'AssociaEion, or the ~ner
and assigns, for a tern of 12 years from tile date this Declaration ig.~ecordeda'
agCer.~'hich time said covenants shall be auCo~:ically exCenaed for successive
periods of ten (~0)' years unless an instrument at,ned by' the
.and r~Crictions in'~hole or in par~, For purposes og
rcquJ, rcaen:, when Completed Living U~[cs are counted~ ~he LoC o: Leto upon l~hich
such Completed Living Uni:~ are altuaCed ~hall no~ be counted. Provided, hob-
cyan, thaC no such aBree~en~ to changa shall be effective unless made and
recorded three (3) years in advance of the effective dace of ouch chan~e, and
ninety (90) days In advance el any ~ccton taken. "
Section 2. Notices. An~ co'rice required :o b~ sen~ Eo any Hcmber or
~ner under the provlsioa~ o[ this Declaration shall I,e deemed Lo have been
· 25,1 'PACE 752 \
properly sent when ~ilcd, postpaid, co the last kno.~n address of. the pcrsos
sppear'~ au Hember or ~ner on the records oI the'~s~ocla~ion at the time of sucl
Section 3. Enforcement. Enforceaea~ of these covenanC~ and restric-
tions shall be by any proceedinE ~ la~ or in equity against any pecson or per-
.sons violaCing or a~tempCin~ ~o rio!aCe any covenant or res~ric~lon, e{}her to
resCrai~ v~o~a~ion or ~o recover da~ge~, and against the land ~o enforce any
crea~cd by ~hese covenan~; and failure by the Association or any ~er to
any covenant or ~es~rlction hec~in con~aiued shall in no'even~ be deemed a ~aiw
of the r~gh: to do eo thereafter.
Sec:ion '4, Reservation. ~e ·Developer has subm[Leed ~o the author-
~ctes of Uppec Allen To~nship certain p~ans got th~ future aevelop~en~ oE the
~e~l .property described ~n Ac~icle II of this Declaration an~ such addition~
thereto as ~ay hereagcer hav~ co be ~de pursuan~ ~o ArC'ale ~, said plans ha~
~nd the Pennsylvania HunicipaliCies Planntn~ Code. Said plans are on ~lle
Upper Allen Tmm~hip. The Developer ~y be required ~o ~ke' addiClonal
stuns o~ plans to said author/c/cs. All ~uch plans are par~ og th~ public con-
trois i~po~ed by the Tot~ship Board, the developers, ox~ers~ residents and uaeri
of the project and they do no~ cceato, and are hoc intended co crea~e, any
property oE conCrac~ rights in the o~ars and.residents of the project, ~e
which the Developer has submitted to :he to:~ns~p au~horiCies represen~ a p~an
develop~en~ ~hich tho Developer believes ~ill provide maxfmt~ benefits to' the
residents, or, hers and the public. During. the extended developmen~ program,
and the public unless s~ch plans ca~ be ~odtiied as p~esc~lbed by th~ applic~blt
to~nshlp ordinances. Accordingly, this Declaration fs no: intended to nor does
described plan,s and such plans continue to regals subject to ~odiilcation by t~z
proper tm:nship authorities in accordance w~th the procedures set lorth In the
· -2{00~ 25~1 PAC£~ 753
Sec~[o~ 5. Coordination ~ Finish ~£adin~ and 1,andscapin~_~erat£on~.
To permiC Che coordination of finish grading and landscaping operaCions and tbs
provision of permanent and/or temporary storm drainage facilities as development
work progresses from lot to lot, the Developer, at his expense, shall have the
right to change~ alter, modify and/or revise the finish grade end to cos,plata.
landscape work o[ the yard vithin ten (10) feet o[ any lot line and in drainage .
avalon .~eyo~d ~aid £en (lO) feeC nicer cicte to a.lot and Che dwelling :hereon
has been transferred to ano[ho~ O~oer, · ·
~ectinn 6. 5everab~lit~. Invalidation of any one of these covenants
or res:fictions by Judg:~nt or Court Order shall in no ~[ae af£ect any'other
provie£ona which ahatl :e~ain tn fu~l force and efiect,. '-
ATTEST:
'ALLENVIEt~ ~ IECo
Preslden~
25,1 PACE
CO~R'~O~EALTI/ OF PENN$!~LVANIA
COUt~T~' OF )
On this, the ~day of , 1980, be[ore me, a Notary
Public, the undersigned office~ personally appeared Bg~$AHIN L. BRE~E~RN,'
President o[ Allenvte~, Inc., successor to Breneman and Calabrese, known
to me (oF aatis[ac~orlly proven) to be the person ~hoae name is aubscribed
to ~he ~t:h(n in~t~t:~en:) and :hat he executed same for' the purposa therein
~.,, ~' I~otary Public
25.1 v,',cE 755
ACKNO~LEOC[iEWr
The undersigned, . ' Shaffer & Sons, Inc., being the owner
of Lots IA, lB, lC, ID, 1E, IF, lC, and Ill of StoKe II, Section B, in
Allenview Planned Residential Development, through ire duly authorized
officers, acknowledges that the Corporation approves the revisions
the Supplementary Declaration of Covenants and Reetrlctionn daged
April 10, 1980, £o which,hie acknowledgment ia at£ached,
_ SHAPFER & SONS, INC.
'254
The undaroigned, Anthony Po Mlacevige and Andrea L, Niscevige,
hie wife~ being the owners of Lot 1-Hr of Stage
A!lenvlew P~nned Re~ldenti~l D~velopm~n~, acknowl=doum that thsy
approve the revisions to the Supple~enta~ Declaration of Covenants and
R~strictlons ,~£~d April 10, 1980, to which thie acknowledgemen~
Andrea L. ti~-s'cav/ge, ' ~
S~ate o1 Pennsylvan~
County o! Cumb~,r~and } SS
Recorcled m the offJ~ ~ ~ ~Jng M D~
e~.. I~ and fo, Cum~nd ~un~, ~.
' Rear, er
25,1
Iohn E. Slike
Rabert C. Saidis
Geoffrey S. Shuff
Albert H, Masland
Johnna L Deity
Richard E Mi~itsky
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm
Law Offices
SAIDIS, SHUFF & MASLAND
2109 Market Street · Post Office Box 737
Camp Hill, Pennsylvania 17001-0737
Telephone: (717) 737-3405 · Facsimile: (717) 737-3407
Email: sgsm@ezonline.com
CarlLsle Office:
26 W, High
Cadisle, PA 17013
T¢lephone: (717) 2434222
Facaimile: (717) 24.3-6,~86
ReplyToCampHIll
December 30, 1998
Via Certified and
Regular Mail
Ronald & Sandra Morgan
909 Allenview Drive
Mechanicsburg, PA 17055
RE: Sign Removal
Dear Mr. and Mrs. Morgan:
Our firm represents the Allenview Homeowners Association ("the
Association"). At the time that you purchased the property known as 909
Allenview Drive, (the "Property") you agreed to be bound by the Declaration of
Covenants and Restrictions dated December 6, 1984 and recorded in the
Cumberland County Recorder of Deeds Office at Misc. Book 301, Page 290 (the
"Covenants and Restrictions"). I have enclosed a copy of the Covenants and
Restrictions for your reference.
Article II, subparagraph (k) of the Covenants of Restrictions provides as
follows:
"SIGNS" - No sign. of any kind shall be displayed to public
view on any Lot except one sign of not more than five (5)
square feet advertising the property for sale or rent, or
signs used by a builder to advertise the property during
construction and/or the original sale period.
It has come to the Associations attention that a sign advertising "Ronald
5. Morgan, CPA Office" is currently being displayed on the Property. The said
sign does not comply with Article II, subparagraph (k) of the Covenants and
Restrictions and is therefore in violation of the Covenants and Restrictions. This
letter constitutes officml notice by the Association to remove the said sign from
the Property within thirty (30) days of the date hereof.
Exhibit "B"
In the event the sign is not removed within the above time frame, the
Association has instructed our f'u-m to file suit agaimt you for the removal
of the sign from the property.
Your anticipated cooperation in this matter is appreciated.
KML~b~
Enclosure
cc: Betty Fitzpatrick
Property Manager
Very truly yours,
SA.fi)IS/SI-lUFF & MASLAND
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PI~NSYLVANIA
NON-PROFIT CORPORATION,
Pla~m~ff
RONALD S. MORGAN, SONDRA
MOR~%N, SONDRA $. BI%UDNOK,
DANte. I, BRUDNOK AND OARY W,
BLACK
IN ~ COURT O1: COMMON
CUMBER[AND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION- RQL%~rY
~ ~ ~ ~bj~t to tl~ pea~l~ of 18 Ih. C.S. S~ien 4894, ~l~i~ m ~v,~m
,~.~,~rVlEW IIOMF, OWhle~
Al/SOCIAl'ION, INC.
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN A/K/A/SONDRA J. BRUDNOK,
DANIEL 1. BRUDNOK AND GARY W.
BLACK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
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 agaimt 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 rigjats 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
TRUE COPY FFK:)M RECORD
~ Te~';~:~y whe~'eof, I here U,'IIO ~ my ~
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A/SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
CWIL ACTION - EQUITY
NOTICIA
Le hah 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 parth' de la fecha de la demanda y la
nofificacion. Usted debe presentar una apariencia escrita o en persona o pot 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 defiench, la corte tomara medidas y puede entrar una orden contra
usted sin previo aviso o notificacion y pot 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 ESCR/TA 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
RONALD S. MORGAN, SONDRA
MORGAN, A/K/A SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
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, Allanview 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 Defendants, Ronald S. Morgan and Sondra Morgan a/k/a Sondra J. Brudnok are adult
individuals who reside at 909-911 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania 17055.
3. Daniel J. Bmdnok is an adult individual who having a last known address of 911 Allenview
Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
4. Defendant Gary W. Black is an adult individual having a last known address of 911
Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055.
5. The Defendants Ronald S. Morgan, Sondra Morgan, Daniel J. Brudnok, Sondra J. Brudnok
and Gary W. Black are referred to herein collectively as "Defendants".
6. The Defendants Daniel J. Bmdnok, Sondra Morgan A/I<YA Sondra Bmdnok and Gary W.
Black are the record owners of the duplex townhouse situate at and known as 909-911 Allenview Drive,
Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview
3
Development and under and subject to the Revision to Revised Supplementary Declaration of Covenants and
Restrictions dated April 10, 1980 ("Covenants and Restrictions"), a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference.
7. Plainfiffbelieves and therefore avers that Sondra Morgan and Sondra J. Brudnok are one and
the same adult individual.
8. Plaintiff believes and therefore avers that Ronald S. Morgan and Sondra Morgan A/K/A
Sondra J. Bmdnok are in actual possession of the Property.
9. Defendants, Ronald S. Morgan and Sondra Morgan A/K/A Sondra J. Bmdnok have held
themselves out to Plaintiff as the owners of the Property and Plaintiff believes and therefor avers that said
Defendants occupy the Property with the consent of the record owners of the Property and are therefore
subject to the Covenants and Restrictions.
10. The Defendants, as the owners and/or occupants of the Property, are members of the
Allenview Homeowner's Association (the "Associafion") and are governed by the By-Laws of the
Association (the '~By-Laws~').
11. Article II, Subparagraph (k) of the Covenants and Restrictions provides as follows:
Signs - No sign of any kind shall be displayed to public view on any lot
except one sign of not more than five (5) square feet advertising the property
for sale or rent, or signs used by a builder to advertise the property during
construct/on and/or the original sale period.
12. The Covenants and Restrictions at page one (l) further provide that it is the developer's,
"desire to create.., a residential community.., and.., to provide for the preservation of the values and
amenities in said community'.., and, to this end, desires to subject the real property described in Article II,
together with such additions as may hereafter be made thereto (as provided in Article II), to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is and for the benefit of
said property and each owner thereof."
13. Plaintiff was specifically created and assigned the responsibility and authority to maintain and
administer the commtmity properties and facilities and to administer and enforce the Covenants and
Restrictions.
14. Despite the provisions of the Covenants and Restrictions in Article l/(k) strictly prohibiting
the placement of any sign other than of the kind and type specifically provided for in that section, Defendants
have caused the placement: and continue to maintain a sign which reads "Ronald S. Morgan, Certified Public
Accountant" (the "Commercial Sign") on the Property.
15. Plaintiff believes and therefore avers that the Commercial Sign is in violation of Article II,
Section (k) of the Covenants and Restrictions as well as the purpose of the Covenants and Restrictions which
is to provide for a "residential" community in that the Commercial Sign is commercial in nature designed to
promote a business purpose and is not permitted by the Covenants and Restrictions.
16. Plaintiff has forwarded a notice to Defendants requiring Defendants to remove the
Commercial Sign from the Property. A copy of the notice dated December 30, 1998, is attached hereto as
Exhibit "B" and made apart hereof.
17. Despite Plaintiff's demands, Defendants have failed and continue to fail to remove the
Commercial Sign from the Property and to comply with the Covenants and Restrictions.
18. As a result of Defendants' placement of the Commercial Sign on the Property and failure to
remove the Commercial Sign as requested, Defendants have damaged the residential character of the
community to the detriment of Plainfiffand the property owners in the community.
WI-IEREleORE, Plaintiff, Allenview Homeowners Association, requests this Honorable Court to
enter an Order in favor of Plaintiff and against Defendants, Ronald S. Morgan and Sondra Morgan A/K/A
Sondm J. Bmdnok, Daniel J. Brudnok, and Gary W. Black as follows:
a. Declaring the Commercial Sign to be in violation of the Covenants and Restrictions; and
b. Directing the Defendants to immediately remove the Commercial Sign from the
Property; and
5
Enjoining Defendants from placing the Commercial Sign or any similar sign on the
Property in the future; and
Granting such other relief as the Court deems just and appropriate; and
Awarding to Plaintiff its reasonable legal fees and costs in connection with preparing
and filing this Complaint and in connection with enforcing the Covenants and
Restrictions.
Date: February 22, 2001
Respectfully submitted,
SAIl)IS, SHI/UFF, FLOWER & LENDSAY
BI<~trlY: M. Ledebohm, Esquire
~upreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 761-1881
Attorney for Plaintiff, ALLENVIEW
HOMEOWNERS ASSOCIATION, INC.
REVIS ION TO
REVISED SUPPLEH£HTARY
DECLARATION OF COVENANTS A~D RESTRICTIONS
~llS DECLARATION,'made this lOth day of April, A.D., 1980,
· by ~lleovle~, lac., successor to Breneman and Cal~brese, hereinafter
called Developer of Allenvie~ Planned Residential Development, herein-
after called Allenview, located in Upper Allen Township, Cumberland
County, P~nnsylvania.
~ITNESSE~{: :
~H£REAS, Developer is the owner of the real property described
in Article II of this declaration and desire{ to create thereon a resi-
dential com~ualty with permanent parks, playgrounds, open spaces, and'
other couauon facilities for the benefit of the said community; and .
..
~qlERF~$, Developer desires to provide for the preservation of
the values and amenitie.s l~ said community and for the maintenance o[
~aid parks, piaygrounda,~open spaces and other coupon facilities; and,
to thi~ end, desiree to subject the real property described in Article
together ~ith such additions as ~y hereafter be made thereto (a~ provided
liens her~inafter eel forth, each and ali of which is and are for the
benefit of said property and each owner thereof; and
~]{EREAS~ Developer has deemed lC desirable, for the
preservation of the values and amenities in said community, to create an
agency to vhtch ~hould be delegated and assigned the po~ers of maintaining and
administering the community properties and facilities and administering and
enforcing the covenants ~nd restrictions and collecting and diebureln6 the
assessments and charges hereinafter created; and
~HEREAS, Developer has incorporated under the laws og the Common-
~ealth of Pennsylvania, as a non-profit corporation, TttE ALLEHVl~{ HOHE
O~H~R$ ASSOCI&TIOH, for the purpose of exerclsin8 the ~unetions aforesaid;
· Exhib~ ~_
HOl{, 2]IEREFORE, the Developer declares that the real propecty
described in Article II, and Such additions thereto a9 p~y hereof tot be
made pursuant tO Article II hereof, is and shall be {{eld, transferred,
Sold, conveyed and occupied subject to the covenants, restric£ions,
res[ricti;na") hereinafter set forth.
Section I.
ARTICLE
DEFINITIO:;~
The follo,ing ~ords, l~hen used in this Declaration o~
any Supplemental Declaration (unless the context shall prohibit), shall have
. the following meani.,~gs:
(a) "Assoc'iatioo" shall mean and refer to the Al!enview
llomeo~rn~t's Association.
(b) "Tile Properties" shall mean and refer'to all such
existing properties, and additions thereto, as are subject to this
Declaration or any Suppleaental Declaration under the ptovisiou
of Article II hereof.
(c) "Co~ou Pro,attics" shall mean and re,er to only
those areas of land shoes on any recorded subdivision plat of The . ..
Properties and intended to be devoted to the common use and enjoy-
meet of the o~mers of '13me Properties, and may include the land and
improvements for streets, easeaents, parke~ playg~ounds~ s~lm~ng
pools, pedestrlan~ays, and any buildings, structures or appurten-
encee incident thereto, subject to the reservations contained in
Ar{lcle IX, Section ~ hereof.
(d) ' "Loc" shall mean and refer to any plot of land sho~n
- upon any recorded subdigision ~ap of The Properties ~th ~n ~x-
ceptioo Of Commo~ Properties as heretofore defined. .''
(e) "Living Unit" shall mean and refer to any
· a building situated upon l]{e Properties designed.qnd intended
use and occupancy as a residence by a single family.
-2-- 254 ucE. 732
(E) "Completed Livlng Unit" shall*mean and refer to
any portion of a building situated upon Tho Properties designed
and intended for use and occupancy as a residence by a alngle
family for which an occupancy permic'has been received from the
appropriate township official.
(g) ~'Single Family Detached ~aelling" shall mean a
building used by one family, having'only one living unit end two
aide yards. .- .
(h) "tingle Family geml-DetachadD~elling' shall mean
a building used by one family, having one /Eying unit and one
yard&nd one parry mall in co.moa wlth another building.
(l) "Single Family Attached D~elling (Row)" shall mean
m building used by one family and having'one living unlC an~ two
party walls In co=moa ~ith o~her buildings (such as £ounhouses).
(J) "flultt-Family D~elling" shall mean n building used
by three or more families livin~ independently of each other and
doing U~elr'o~n cooking, including apar:men~ houaes~ or to~nhouaeao
(k) "O~nec" shall mean and refer to the'record o~ner,
whether one or more persons or engiCies, of the fee simple
:o any LoC or Living Unit situated upon ~e ProperEies, but, not-
vithsCandi~g any applicable theory o~ the mortgage, shall nog mean
or refer to the mor~gagea u~es~ and until such mortgagee has
qutred tlgle pursuant to foreclosure'or any proceeding in lieu of
(1) "Member" shall mean and refer'to'all those Owner~
who are members'of the Association as provided in Article III,
Section 1; hereof·
(m) "DaY. eloper" aha11 mean and refer to A11enviev, ~ne.,
successor to Breneman and Calabrese, and to such other person or
lega~ entity to whom Allenvle~, Inc., successor to Brene~Rn and
Calnbrese, expressly assign the rights o[ the Developer herein in
~rlting.
ARTICLE II
PROPERTY SUBJECT ~O TRIS PECLARATION:
ADDITIONS THERETO
{ Section 1. Existing ProperUy. The real property ubich is, and ahall
be held, transferred, sold, conveyed, amd occupied subject to this Declaration is
located in 'Allenview, and is more particularly described on the attached three (3)
plats, Exhibit "A", titled Stage II, Section A, Final Subdivision Plan - Single
Fam£1y'and T~o Family Lotsl S£age II, Section B, Final Sub-Sivision Plan - Town-
housesl Stase Il, Section C, Flmal Sub-Division Plan - Common Open Space -
borhood Commercial, which are recorded in 'the Office et the Recorder of Deeds,
' Cumberland County, in Deed Rook 36, Pass 47, all of which real property cheil
hereinafter be referred to as "Existing Property."
Section 2. Restrictiana [or Use a~d Development. The Lets outlined
on said plata for Stage II shall be subject to tile following
(a) Land Uae and Building Typea.
The land ~hall be used and a building et the following types and
me other shall be designed, erected, maintained a'nd occupied on said lots.
.. (1) Section A et Stage II - Single Family Detached ~ellings ahall
be permlgslble on each lot except that the developer reserves the right to uae Lots
No. 1S, 19, 20, 21, 22, 23 & 30 for Single Family Detached, Single Family Semi-
Detached amd/or Two Family Semi-Detached Dwelling Units. A private garage con-
forming to the architecture of the dwellings may be designed, erected, used and.
maintained only when incidental amd accessory to tile dwellinR nn said lots.
(2) Section B of Stage II - Single Family Attache~Dwellinin
(Townhouses shall be permissible).
(3) Section C of Stage II - Tile following uses shall be permissible:
Open 5pace Recreation Uses, Recr~atioe Buildings and Structures, Neighborhood Com-
mercial Buildings, and one-Eight Unit Apartment.
(b) Building Location and Land,caped Yards..NO building or any par~ there-
of shall be erected or maintaieed closer than twenty-five (25) feet to any street
and, in the case of }it. Allen Drive, Hertzler Road, and all exterior boundaries of
Allenvlew, a building setback of not less than fifty (50) feet shall be maintained.
Notwithstanding £he above an. unoccupied open space shall be designed, landscaped
. and maintained in the front, side and rear yards of each Lot, tile' depth of which
shall be not less than shown on the recorded Fleal Subdivision and Land Development
(c) Outdoor Storage A~eas, Fire~ood~ bieycles~ la~n
garden tools, furniture, and all other such'articles shall bc stored '
in ore~s'approprlatcly locatea on the Lot to the rear of the ~welliag
and garage, and set back from all Lot lines as mentioned above and
screened from all streets, side end rear Lot lines, with a structure,
ahrubs or hedge, in a location and manner approved by the architectuia!
Control Commltta~. ''
(d) 'Completion. All d~ellings and garages shall be completely
fin{shed'on the exterior and all grading and seeding shall'be done
within one (l) year of the s£art of construction or ground breaking.
Any excess earth or ground from any constr~cti0n shall be the p~oparty
o[ the Developer and shall be removed by the Lot O~ner at his expens~
to a place designated in the dsvelopmeng and deteralned by the Devel-
oper. . ~.
(e) Fences,' }ledges and Shrubs. Fences, hedges .and shrub; shall
not be erected, planted or ~ainCalned in the above required yard spaces.
or along the Lo~ lines of any Lot unless approved by the lrchitectural.
Control Committee.
(f) $ilht Distance. All trees, shrubs and structures ~hall be
located and maintained so that the ~ight distance from vehicles is not
obstructed at all street and driveway intersections.
· (g) Parking Space~.' ~o~ less than too (2) improved parking spaces
(i0' x 20~) shall be located on the same Lot ss each Living Unit.
(h) Easements.. ~11 Lots and Lot Owners are subjec~ to all cove-
subject to all pre~ent or future, zoning ordinances or building regula-
tion= of the To~nship off upper Alien, Cumberland County, Pennsylvania.
. (i) Nuisances. ~o noxious or offensive sctlvlty shall be. carrthd'
on upon any Lot~ nor sllall adything be done thereon whlch may ~e or
may become an annoyance, nuisance, or of aesthetic damage to the neigh-'
borhood, ~or upon any strcet In Alle~vlc~.
25..1 735
f
(j) Temporary ~tructu~es. ~o temporary ~el[ings ~ball he
erected or maintained on any Lot. Carafes, basements or any temporary
structure ahall not be used for human habitation. Bo prefabricated
construction or otherwise, or any concrete slab foundation shall be
permitted unless speci~ically approved in writing prior thereto by the
Developer. Ilo tratlers,/Cents, shacks, barns or boats, or any type of
outbulld£ng, unless previously approved in writing by the Developer,
shall be erected on any Lot, nor parked on a street in Allenview. '
(k) SiGns. Ho sign of eny kind shall be displayed td public ;law
on any Lot except one sign of not more than five (5) square feat
rising the property for sale or rent, or algas used by a hullde~ to
adverti~e the property during ~onstruction and/or the original aale
period.
{1) Live~toek and eoultr_~. Animals, livestock or poultry~
'cepti.n~ housebold pets, shall not be rai~ed, bred or kep~ on any
H~usehold pets ~y he kept, p~ovtded they are not kept, bred or'mai~
rained for any co~er~ial purpose~. '~o~ith~tandlug ~e above, the
noa-co~ercial keeping o~ hor~es or ponle~ for the recreation use by
~he ~ner of a Lot will be permitted on Lot~ of five {5) acre9 or
as provided in Section 2(a) hereof. An accessory structure shall
pe~it~ed on a Lot only when approved by tbe Architecture! Control
Committee.
(~ Garbage.and ReEuse Disposal. ~he Owners of all ~o:m
at their expense,, connect to the public sewer and wa~er'aystems.
· Lot shall be used or main:aimed as a dumpieg ground for rubbi~.
trash, garbage or other waste shall be kept in sanitary containers
placed in ~pecified lama:ions for collection. ~,e burnSng of trash,
debris and leaves shall not be pe~ttted on a Lot]-,
-6-
8oar. 254 uc[ 736.
k
L·
(n) Del~y of B~elllng Construction, Should the Owner of any
Lot not construct a home within one (1) year of the purchase of said
Lot, then the Lot O~ner must seed and maintain the Lot so as nog to
detract ~rom the overall developement.
(o) Architectural Control Committee. The ~ner of a Lot shall
no~ commence construction of a duelling, garage, 6r any other per-
mi:ted structure until the Architectural Control Committee has re-
viewed and approved the propo~ed plan showing the type of structure
to be placed on a~id Lot. The'provisions of this section shall not
apply to Developer during original construction.
(p) Street ~ightm. Street lights of a uniform design shall b~.
ins:ailed throughout Allenview under the supervision of the Developer.
-and the Architectural Control Committee.
(q) Utility Service Lines. All utility service lines shall be '
installed underground where feasible.
Section 3. Additions to ~xisttng Property. Additional lands ma~ be-
come subject to this declaration in the followleg manner:
(a) ·Additions in Accordance wi:Ix the Tentgtlve Development and
Stage Plan. The Developer, its heirs and assigns, shall have the
right to bring within the scheme of this Declaration additional prop-
erties in future stages of the development,.as generally outlined on
the attached {Exhibit "B") Ten~ative Development and Staging Plan,
dated February 25, 1980.
Said Tentative Development and Staging Plan outlines the proposed
additibns to the Existing Property and contains:
(1) a general indication of size and 1eta:lan of the
additional stages for development of the following uses amd
bullding types:
STAGE III - Single Famll~ Detached ~elling$
Mingle Family Semi-Detached Dwellings {p~plexes)
~lngle Family Attached Dwellings (Townhouses)
Apartments (3-story Garden Type);
-7-
· . .. 254
73 '7
reserved for dedication with each stag~;
(3) the general nature of proposed com~on facilities qnd
. improvements, including the provision of improved yard spaces ned
not less titan two (2) inproved parlaing spaces required to serve
all Living Unica, including the Apartment and To~nhouse properties;
(6) e statement that the proposed additions, i£ madej will
become subject to aaseasment [or their Just share o[ Association
expenses; and
(5) a schedule for termination of the Developettn ri§hi under
the provls~on of this su~-section ~o bring.addl[lonal developman~
si.ages ~ithtnx.he scheme.
Unless oche~ise stated therein, said Tentative Development and StaB£ng
Plan shall not bind the Developer; its heirs and assigns, to make'the
proposed addiCio~s or to adhece to the Plan iq any subsequent develop-
~ant of the land sha~n thereon and the Tentative' Development an& Sta8Ln~
Plan contaios a 'conspicuc,us statement to this effedt.
The additions ~uthorized under tl~o and the succeeding sub-section
shall be ~ade by filing 0f record a Final Subdivision and Land Develop-
menc Plan for eacit Stage and a Snpple=~ata~y Declaration of Covenants
and Restric~ions ~l~h respect to the additional propert~o '
· he location and acrangaaenC o[ buildingss streets, yards and open
space and t~e ~ize and bulk o[ b~ildings a~ indicated bn the Ten~aCiva
Development and S~aging Plan ~ay be amended~ Ieviseds altered or changed
sub~ec: to tha approval of Upper ~len To~a~htp provided~ ~ever~ that
the uae or the land shall be limited to one or ~oke or ~he ufthtn de-
'scribed reatdenttat building types.
Such Supplementary Declaration ~ay contain such compleeent'ary
additions and modifications of the covenants and restriEClons contained·
in this Declaration as may b~. necessary to reflect tbs different char-
acter~ if any) of the added properties and as are not inconsistent ~lth
the scheme o[ thio Declara:ion. In no event, bo~ever, uhall such Supple-
~ae~icary Declaration revoke, ~odify or add ~o rite cove~nLs established
by this DeclaraC[m~ l~ithln the Existing ?roper[y. '
(b)' O:he~ Addltiono. Additions other ~han :hose auLhortzed by · ,
~ub-seccion (a) herein may be dada upon approval la uciC~ng o[ the .
7. 5'I 738 ' "*' ' ' ': :
Association pursuant to approval by a tuo-thirds (2/3) vote o£ each
class o~ membership, as described in Articl~ III~ Sect/on 2. The ''
Ol~ner o~ any property vbo desires to add ic to the scheme oE this
Declaration end to subject it to the Jurisdiction o[ the Association,
may file or racord'a Supplementary Declaration o[.Covenaats and
Restrictions,'as describ~d in subsection (a) her;of. - ·
(c) Her~ers. Upon a ~erger or consolidation.o~ the Association
vlth another association as provided in i:s Articles of Iucorpota~lon,
its propertles~ rights and obligations may~ by operation o~ la~ he '
transferred £o another sucvlvioI or consolida:ed associa:ion or~
ternaCively, the properties, rights and obligations
tion'may~ by opera:ton of la~, be added to the properti~s~ rights and
obligations o~ the Association ss a surviving corpora~ton'pursuant to
a merger. The surviving or consolidated association may administer
the covenants ah~ restrictions establlsh~d by this Declaration vithtn '
the Existing Property, together ~l£h the covenants a~d :est:lc~ions
established upon any other properties as one scheme. ~o such merger
or consolidation, holdover, shall affect any revocation~ change or addi-
tion to the covenants established by this Declaration ~ithi~ the Exist-
ing Property except as hereinafter provided.
ARTICLE III
HE~ERSHIP AND VOTIUG RICETS IN TIIE ASSOCIATION
Section 1. Hembersht~. Every person or entity ~ho is a record O~me
of a fee or undivided fee in any Lot ~hich is subJee[ by covenants
asseasmenC by the Association shall be a member of the Association, provided
tha~ any such person or entity ~ho bolds such ln~res~ merely as a security
the performance of an obligation shall not ha a ma'=bar.
-9-
- 254 739 \-
Section 2. Voting Rights. q'he Association sh~I1 hays two classes
membership:
Class A. Class A members shall be all those {hmers es defined
in Section I with the exception of the Developer. Class A members
shall be entitled to one vote for each Lo~ (or Llvieg Unit) i~ vhich
they hold ~he Interests required for membership by Section 1. ~,~en
more than one person bolds sucl~ interest or interests in any LoC
such Lot (or Living Unit) shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast wl~h
spect to any much Lot (or Living Unit).
Class B. Class B members shall be the Developer. Tile Ciasa B
member shall be entitled to three vote.s for each Lot in whiek it
holds the interest required for membership by Section 1 {and fo~
every Living Unit tn any Hulti-Famtly Structure o~ed by it until
such Unit is first sold), provided tba~ the Class B membership shall
cease and become converted to Class A Hembership om the.happening of
any of the following events, whichever occurs earlier:
(a) when-the total vo~es outstanding in the Class A
membership equal the total ~ote~ out~nding in
~he Clas~ B membershiP; or
(b). . twenty {20) yeats from the date hereof,
Prom and after the happening of these events, whichev~r occurs
earlier, the Class B member shall be deemed to be a Class A
entitled to one vote for each Lot {or Living Unit) ~n which i~ holds
thc interests required for membership under Section 1.
(For purposes of d~temining the votes allowed under thais Section,
when Ltvi'ag Units are counted, the Lot or Lots upom which such
Living Un/rs are situated shall nog be counted.)
ARTICLE IV
PROPERTY RIGHTS IN THE CO.~MON PROPERTEES
SeCtion 1. Membe=s' Easemsnt= of Enloyment. Subject to the provisions
of Section 3, every Hember shall have a right and easement of enjoyment i~ and
to the Co~non Properties and such easement shall be appurtenant to and shall pass
with the title or lease .to every Loc Car Living Unit).
Section 2. Title to Co=~on Properties. Motwithstanding any p~ovision
herein, the Developer hereby coveean~s, for itself, itc heirs and assigns, that
it shall convey as Common Properties tbe follow/tlS: ''
ia) Rights-of-way and easements for streets, eanitary sewers
and storm dralnageways with completed improvements in place ~hall be
constructed in accordance with the a~plicable provisions of ~pper:>
Alien Township, and ehall Es offered for dedication to Upper Allen
-(
(b) Ti~e title to co.on open space for perks, recreation and
other common facilities u!ch improvements in place sh~ll b~ trans-
ferred to the Association under the c~ndltion that the Association
shall have or hire adequate staff to administer com~on facilities an
(c) Easements for water, electric, telephone, television, and
other util£ty so,vices, shall be provided to the respective ope~atln
Section 3. Extent to }Isobars~ Easements. ~he rights and easements,
enjoyment created hereb~ ~all be subject to the follo~in~:
· (a) ~he right of the ASsociation, in acco~dapcs ~lth its
o~ Incorporation and By-Leus.~ to horro~ money for the purpose at
proving the Common Properties and in aid thereo£ t~ mortgage said
er~ies. In the even~ of a default upon' any such mort~age~ the lende~
rights hereunder shall be liotted to n right, after taktn~ possessio~
of such properties, to charge ai~ission, and other fees as s conditI¢
to continued enjoyment by the members and, if necessary) to ope~ the
enjoyment o~ such properties to n rider public until the mortgage deb
is satisfied~ ~hereupon the possession of such propertiei shall
turned to the lssoctation'ant all rights pf the Hembers ~er&under she
be fully rds~ored; ,and
(b) The rtgh~ of ~he Association to take steps as are ~eason-
ably necessar~ to pro,oct the above-described proper~ies a~ains£
closure;
(c) The right of the Association~ as provided in its Articles
By-La~s, to suspend the enjo}~ent rights of any }lamber for any period
during ~hich any ~ssess~ent ~e~ins unpald~ and ~or any.period not to
exceed £hlrty (30) days for any infraction of its published rules'and
iegulntl~ns; and
(d) Ihs riSht of the Association to charge reasonable admission
and other fees for the us~ of the Con.on Properties; a~d '
-ll-
. oox 25,1
· 741
(e) The right of individual Hembers to the exclusLve use of
parking spaces as provided in Section ~ he.reef; and
(f) The right of the Association to dedicate or transfer all
or any part of the Common P~operties to any public ggency, authority,
or utility for such purposes and subject to such conditions as ~)- be
agreed Co by the Hembers. provided that no such dedication or
be effective unless an ins~ment signed by Hembers entitled to ~sg
recorded~ agreeing ~o ~uch dedica~on~ trans~er~ purpose or condicioa~
and unless,~ri~en no~i~e oE the proposed agreemeRc and action
under is ~enC ~o everF Ileaber at least nlnec~ (90) da~a in advance o~ '
any acr~an to be taken. IC is endera~ood and agreed thac no such public
agenc~ or nut'eric7 ia obligaged to accep~ any such dedicarion or ~a~
~er; and
i .(g) · In ~he event tha~ the Association shall; a: any time.
~o ~atnEaiR the co.on properties under its Jurisdiction IR reasonable
order and condition ~n accordance ~lth the development plan. Upper ~len
To. ship may ~e~e uri~en notice on the Association or the ~ners
setting forth the manner ia ~bich :he Association has ~a~led to cain-
rain the cowaon open space in reasonable condkrion; and sa{d not~ce
sha~l include a de.nd :hac such deficiencies of maintenance be cured
within thi'rty (30) days thereog and ~ball state the date and p~ace ag
a heari~g thereon ~hich shall be held ~lthtn [ourteen (~) days o~ the
~otice. At sfich hearing, the Township may modi~y rhe te~s o~ the
origLnal notice a~ to the deficiencies and ~ay gkve an ~tension
time ~ithin ~hich they shall be cured. I[ the deficiencies sec forth
in ~he original notice or the codifications thereof shall nor be cured
vithi, n ~aid thirty (30) days or any ~ten~lon thereo~.'the Township.
in order to preserve the taxable values o[ the properties ultliin
view and prevent the coa~on open space'frae becoaing a publis nuisance,
~y enter upon said co~on open space and nalntain the ~ame for a per-
tod of one year. 5aid entry and ~aintenance ahal~ not.ve~ in-the
public any rights to usa the common'open space except ~hen the same is
voluntarily dedicated to the public by the residents and Owners.
Before tl~e expiration of said year, the Township shall, upon its
initiative or upon the request of the Association call a public
hearing upon notice to the Association and O~ners to be held by
Township, at vhich hearing such Association and Owners shall
cause ~hy' such maintenance by the Town~hip sha~l not~ at the election
of the Township, continua for a succeeding yeac. I£ the ~o~nship
shall determine thaL the Association is ready and able to
said coc~o~ open ~pace in a reasonable condition, the Township shall
cease to miu~ain said co~oa open space at the end of said'yuan.
If the To.ship shall dece~na ~ !s~oclatton ~s.uot ready and
To.ship ~ay~ at its dfscrecion~' continue t~iu~ain said co.on
~pac~ during the n~c succeeding year and, subject to a sim!la~ hear-'
ing and determination, i~ each year thereafter. The ~ecision of the
Township in any such case shall constitute a final administrative de-
cl~ton subject to judicial review.
The cost of such ~aintenance by the Toe.ship shall be assessed
ratably a~ainst the properties ~lthin Alleavie~ that have a tight'of
enjoyment o~ the co~oa open space and shall become a t~ lien on said
properties. Said assessments or char~es ihall be subordinate in lien
to the lien of any mort~aae or mortRages on the pcopect~ ~hich is sub-
Ject to such assessments or qhar~es regardless of ~hen said mort~aB~
~r mortgages ~r~ croated or ~hea suchassessments or charges accrued;
provided ~uch subordinatioa ~hall apply only to assessments or charRes
that have become pa~ablo ~rior to the pasain~ of title under ~oreclosu
of such mortgage or mort[aBes and the'transferee st~all not be liable
for payment of any'asscssaents or charges accruing prior io said
closure; but nothi~tg herein shall be held to affect the rights h~rein
give~ to enforce the collection oI such assessments o~ charges accruin
after sale under foreclosure of such nortgage or mortgages; and pro-
sided, further, tha~ such charga; accruing after ~ale shall also be
which are planed on p~oper[y subject [o such assessmenks or charges,
~ith the intent /hac no such charges sha~l aC any time be p~lo~ in
lien o[ any ~ortgage or ~o~tgagea ~ha[soever on such property.
purpose of maintenance, shall file a no,ice of such lien In the
at the ProchonoCa~ of the County on the properties affected by such
lien ~lthin the planned Iesiden~ial development. .
Section l. Parkin~ Rights. '~e Association shall' maintain upon the
developed 1;lth Townhous~S~and Apartnau~s. SubJec~ to reasoa~le rules and con-
dicioa, the Association shall designate at least t~to (2) parking spaces conven-
~r~ residing tl!erein, their families and gu.ests. The use of su'~ space by
~fntenanca and designation by ~he Association shall be appurte~n~ t~ and
pass ~:[th tlIe title to each Living Unit.
ARTICLE V
COVENANT FOR MAINTEN.~CE ASSESSHENTS
· Section 1. CreaCIo~ of the Lien and Personal Obligation of Assessmmnts.
The Developer for each Completed Living Unit oxn~ed by him ~i~hin Tho Pr~per~ius
hereby covenants 'and each ~mer of any Completed Living Unit by acceptance of a
conveyance, shall be deemed ~o cov~na~ and aBre~ co pay ~o ~he Assoc~lo~:
such assessments to be fixed; established, and collected f~om time to Lim~ as here
inafEer provided. The annual and special assessments,' together
thereon and costs of collection thereof, as hereinafter provided,
. B00 254 PACt 7-1,1' -' \
charge on the ia,d and shall be s conttnutng'l£~n upon the property e&ainst
which each such assessment is made. Each such assessmenta together ~Lch such
interest tbe£eon and cost of collection thereof, Bi'hereinafter provided, shall
also be the personal obligation of the person ~lto was the Owner of such property
et ~h~ time when the assess~nent fell due.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively Ior the purpose al'promOting tho tecreation~
health, safety and welgare of the resid~nts l~ The Properties and in particular
for the improvement and maintenance of properties, services, end facilities de-
voted to this purpose and related to the use and enjoyment of the Common Prop- ·
ertiea end of the homes situated upon The Properties, lncluding~ but not limited
to, the payment nE taxes and insurance thereon a~d.repair~ replacement and add/-
..one.thereto, and for the cost of labor, equipm~nt, materials, a, enagements and
supervisions ~hereof. ..
.. Section 3. Basis of Annual Assessments. ~he Associatlon~ through
its Board of Dlrectors~ phall iix the annual assessment per lot based upon the
· estimated cost of carrying out the responsibl~lties of the Association. There
shall be two types o[ annual assessment as tollo~s: '· ·
(e) General assessments applicable to all record oFners o~ lots
upon which are constructed single-family or t~o-~amily d~ellinEs~.
townhouses~, apartments' and condominiums. Said properties shall be
assessable for the following purposes on~y:
1. The lawns and planting as outlined on the Fin~l Sub-
· division Plans under the title'of Co~mon Open Space.
2. The sidewalks and pedestrianvays in the public rights-
of-~ay easements and in common open space as outlined on the
Final Subdivision Plans.
3. Outdoor lillhtln~ in public rlghts-of-~ay and on co~n'
properties.
~. Essential improvements such as drives, sanita{y seuers~
hater lines, fire hydrants~ storm se~ers, fences, signs and other
facilities essential for the use and ~naintenance of Common Prop-.
{!
5. Recreation [utilities such ss s~l~ing pools, tennis
¢ourt~, playground equipment, picn£c [acllities sod any
turps or appurtenances related thereto.
6. Liability and Property Damage Insurance relatin~ to
:be aforementioned Co~on Properties.
~. Capital Reserves as deemed necessary gar rep[scemenC
of the a£orem~ntio~ed Common
8. Trash ColLection Service.
9. Hanasemsnt Services,
(b) Limited assessments spp[/cabl~ only to record owners
living units tn Sta~e 2-B - 5~ tounhouses, Stage 3-B - 106 to~nhousae~
Stage 3-A - 52 apartments or condominiums, and Stage 3-C - ~6
manta or coadomialums, Such llmlted sasessmente shall be'assessable
[or the [ollouing purposes and shall be an additional assessment over
and above thai provided under Sac:ion 3(a) above:
Parking lots. and related improvements.
2. La,ns and plan~lag.
3. Exterior at to~nhouse and apartment bu/ldtnss.
Limited assessments shall not be applied asainst property owners of
single-~amlly or tva-family d~ellin~s.
Section 4, ·Special Assessments [or Capital Improvements. ]n a~di££on
to the annual assessments au£hor/zed by Section 3 hereof, the AssociatLon may
levy in any assessment year a special assessment, applicable to that year only,
ior the purpose of defraying, in ~hole or in part, tile cost st'any construction
shall set f~th the purpose of the meeting.
or reconstruc£ion, uoexpec£,ed repair or replacement of a described capital im-
provement upon the Common Properties, including £be necessary Iixtures and per-
' sons1 property related thereco~ provided tha£ any such assessment.shall have the
assent of two-thirds (2/3) of the votes o[ each ·class o[ Hashers ~ho ere voting
in person or by proxy st a meeting duly called [or this purpose~ ur~te~ notice
o~ uhich stroll be seat to all Hembers st least thirty (30) days in advance end
-16-
soo, 25,1 lc[ ?-16
Section 5. Chnn~e iq ~nsis ~nd }laxtm~m of A,mual
Subject to the limltatior~s of Section 3 hereof, and for the periods therein
Specified, £he Association may che~ge the maximua and basis of the
E/xed by Section 3 hereof prospectively for any such period provided that.any
such chnnge shall have the assent ol t~o-thirds ~2/3) o~ the ~oCe~ ag each
class o~ Hembere t~ho are voting in person or by proxy, a~ a meeting
called for.this purpose, ~ritLen ,UoCiceof ~hl~h shai[ be aenC to ~lX He.bars
at least thirty (30) days in advance and shall set forth the purpose of
nearing, provided furthe~ that the.limitations of Section 3 hereof
a~ Incident to a merge~ or consolidation in vhich the Aasociation is ~chorlze
to participate under its trticles of Incorporation and under lrttcle'iI,
2, hereof.
Section 6. ~or.u~ for Any Action Authorized Under' Sections
Th~ quo=u~ required for any action zuthortzed by SeCtions 4 and ~ hereo£
l~ the firsc meeting called, as provided in Sections 4'and 5
the presence at the.meeting oI Ileabers, or of proxies, entitled to eas~ silt]
percent off all the votes of each class oi membership shall constitute a quorum.
Ig the required quorum is not forthcoaini at any meeting, another neetin
called, subject to the notice ~equireaent set forth in Sections ~ and
required quorum at any such subsequent ~eeCing shall he one-bali nE the requ~rt
quorum'et the preceding nearing, proTided ~ha: no such subsequent mee~inE ~hall
be held more'than slxcy (60) days follo~ing :he preceding mee:ing.
'Section 7. Date al Co~-~.ec:~en~ of Annual As!;e~sments: Due Dates.
~he annual assessments provided for herein shall commence on the date (~hlch sh
be the ilrst day o~ a ~onth) fixed by the Board of Directors of the Associat~on
-17-
/
The first annual assessments shall be ~ade for the belanco of the .~
calendar year and shall become due and payable on the day fixed loc cnn~a.~nce-
meat, The assessments for any year, niter :he firs~ year~ ahall become due
and payable on the first clay of Hatch of said year.
The aatount of the annual assessment ~blcb leay be levied for the
balance remaining in tile first year of assessment shall be an amount I*hich bears
the sane relationship to [he annual aasess~eng provided for in Sec:ion 3 hereof
an the rcmaiqing number of months in that yeac bear to 't~elva, The same reduction.
in ~he amount of the assessment shall apply to .the first asses~men~ levied azainst:
any property which ia ~}.fter added to the propertle~ now oubject to aeaeesmenC
at a time other than the beginning o[ any assessment period.
· ~te diie duce of any special assessment Under Section 4 hereof shall be
fixed In tbs resolution authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board of Directors
of the Association shall fix the date of commencement and the amonnt OF the assess· '-
against each Completed Living Unit for each assessment period et least thirty
(30) days in advance of such date or period and shall,' at that :isa, prepare a
router of the properties and assessments applicable thereto whiqh shall be kept in
office of the lss0ciatioe and shall be open to inspection by any
$~ritten notice of the assessment shall thereupon be eenl: re every (h~ner
thereto,
~he Association shall, upon demand, at any time, furnish to any O~mer
liable for said assessment a certificate in writing nighed by an officer of the
Association, setting forth whethe~ said assessment bas been paid. Such certifi-
cate shall be conclusive evldance of payment of any.assessment therein s£ated to
have been paid.
Section 9, Effect-of Non-Pa)~ent of Assessment: Tile Personal Oblige-
paid on the date when due (being the' daces specified in Section 7 hereof}, then
such assesument shall becomu delinquent and sh~ll, together with such lntcrcat
thereon and cost of collection tharuoi, as here/nn[ter provided, thereupo~ become
254 'AC£ 7-18.
a continuing lien on the property which shall hind such property in the hands
of the then ~ner, his heirs, devisees, personal representatives end asslBns.
· The personal obligation of the then ~ner to pay such as6essmeat, however~ shall
remain his personal ablilation for the ~tstutory period.and shaLL not pa~s to
his successora iu title unless expressly assamed by them.
Ii the assessment is not pa~d ~itbin thirty (30) days after t~ ~a-'
liaquescy date, th~ assessment shall bear interes~ f~om the date o~ delinquency
a~ the ~ate of seven percent per annam, and the Association may bttng an
action at leu against the Owner personally obligated to pay the same or to go~
close the lien against ~ha property, end ther~shaZ1 be added to the amount of
such assessment the costs of preparia~ and £ilini the complaint in such action,
aud~ in the event a Judgmen~ is obtained, such jad~aan~ shall include interest ~
the assess~en~ as above provided and a reasoeahle attorney"s fee Co be.iii<ed by
the court, to~ether ~I~ the cos~s o! the action.
gectlon 10. Subordination o~ the Lien to Mortgages.' The lien of the
assessments provided for herein shell be subordinate to the lien of any mortg~g~
or mortgages now or hereafter placed upon the properties subject to asses$c~ent;
provided, however, that such suborgination shall apply only to the '~ssesaments
which have become due and payable prior to a sale or transfer of such property
pursuant to a decree of foreclosure, or any other proceeding im lieu of for~
closure. Such sale or transfer shall nut relieve such property from liabiliq
for an}' assessment~ thereafter becoming due, nor from the lien of amy such ~ub-
~ection 11. Exempt Property. ~he followlng property subject to this
Declaration ~hall be exempted from the assessments, charges mad liens created
in dedlcat~l and accepted by the local public authority and dcvotSd .Lo publi~ u
(b) all Co:~mou Properties as' defi;ie~ in Article 1, Section 1, hereof; (c} all
~pon the term~ and to the extent of soch legal exception.
Hotwith~tandln~ any provisions herein, no Completed Living Unic davot
tn dwelling use shall he exempt from. said a,¢;sessment, charges or liens.
A~TICLE V[
PARTY UALLS FOR DUPLEX£S, APART.ENTS AND TO:¢~IIOUSES
Section '1: Ceneral Rules o£ La~ to Apply. Each vail *{hAth is built
as part of the original constructiaa o[ the homes upon The Properties and placed
on the dividing line beL~een the Lots shall constitute a party yell, and to the
extent not (oconsi~tent ~lth tire pro,~isions of this Article, the general rules
of lav~ regardin~ party vails and of liability for property damage due to negli-
gear or ~lllful acts or omissions shall apply £herero.
Section 2. Sba:lng of Rasa£r and l.laintenance. T~e cos~ of reasonable
~:epatr and maintenaoc~- of a party ~-all shall be ~ha~ed by the ~nets ~ho ~ka
use of the ~all in propq~on ~o such use. .. ·
..
~ecCion 3, Destruction by Fire or Other Casualty. ~f a party Val~ ia
destroyed or flac-~ge~ by fire or other casualty, aoy Owner ~ho has u;ed the ~all
laay restore it, aaa if the o£her C~.:ners thereafter ~aake use of the wall, ·they
sha~- contribute Lo the coa~ of restoration thereof in proportion to such u~e
vfthou: preJudice,'ho~ever, to the right of any such ~;ne~s to c~ll got a larger.
con~ribu:ion from the others under any rule o[ la~ ~egard~ng liability for negli-
gent or vlll[~l'ac:~ or omissions.
· '* Section 6. lteatherproo~in~. Hot~ithstanding any other provision of
this Article~ an Ck.-nar sgboo by his negligent or s~lllgu1 acC~' causes the
vail to be exposed to the elements shall bear the ~hole cost of fucnishin~ the
~ecessa~ pro~e~ion a~ai~s~ ~uch cie:ants.
Section 5- Right to Contribution Runs vi~h 1.anal. .~he ~lghC of an~
~ae'c to contribution groin any other ~er under this Irticl~ shall b~ appuc~enan~
to the land and shall pass to :such ~er~a successors in title.
Section 6. Arbitration. In tbe event of any diapute arising concern-
ing a party s, all, or under the pro¥isions of this A~tlcle, e~ch party shal~ '
choose one arbitrator:, and such arbi:'cators shall choose one add'itlo~al
tot; and tho decisioos of a mjority o.e all the arbitrators si!all be final and
concluulve of the question involved.
soo, 25,1
75O
ARTIC£E
ARCHITECTURAL CONI~OL
Section 1. R..~ev~et~ by Co..~n!ttee. No building, fence, wall or other
structure shall be coam~need, erected or maintained' upon The Properties, nor
shall any exterior addition to or change or alteration therein be made until
the plans and specifications showing the nature, kind, shape, beight~,-~a~eria
and location of the sa~e shall have been submitted to and approved ~n writing
as to harmony o~ external design end location in relation to surrounding
Cures and topography by the Board o~ Directors of the Assoc~ation~ or by an
~rchitectural come,tree c~=posed of three. (3) or =ore rbpresentaLivee appoint;
by the Board.. In the event said boaxd~ or its designated ~ommlttee, fail~ to
approv~ or disapprove such design en~ location ~thtn thirty (30) days
said plnn~ and spect~ca:ton~ hav~ b~en submitted to ~t~ ~ in an~ even:~
sut~ to enjoin the add~ion~ alteration or change has been co~ence~ prior
the co~ple:ion thereo~ approval will no: be required and thcs Article ~i~1 b~
deemed to h~ve been fully conplied?ith,
ARTICLE VI~I
L~XTERIOR f~I~;IENA~CE
Se:tiaa 1. Exterior ~(aintenance. In addition to maintenance uppn
the Co.,~ron Proper£1e$~. the Associetion may provide e~rer~or ma~n~enance upon e
Completed Living Un[: which ~ subjec~ to assessment under Article V be:eoe,
Iollo~s: paint~ rcpatr~ replace ~nd care for roofs, gutters~ ~ownspouts~ exte
building sub%faces, trees, shrubs, gra~s, walks, and other exterior improvemeatl
. Section 2. Assessment of Cost. The cost of such exterior
~hall he assented against t}~a Living Unit upon which such maintenance
shall be added to and bocoma part of the annual maintenance assessmem: or char[
to which.such Living Unit is subject under Article V hereof mid, as'part of
-21-
' ook 25,1 PA ;£ 751
I
I
she1! become due and payable in all reopects as provided iu Article V hereok
Provided that the Board el Directors el the Association, ~be~ establishing tbs
under Article ¥ bereo[, may add chorale the estimated cost el the exterior main-
tenants loc that year buc shall, £hereafter, make such adjustment ~fth the O~4ner
as is necessary to reelect the actual cost thereof,
Section 3. Access at Reasonable Hours. For the purpose solely of
performing the exterior malntenanae euthorlzed by this Article. the Associa£1on,
,through its duly au£horiaed agents or employees~ shall have the right, after
re~sonable notice to the O0oer. to enter upon any Lot or exterior o[ any LivinB
Un£g at reasonable hours on any day except Saturday or Sunday.
ARTICLE IX
Section 1. Duration. The covenants and restrictions o[ this Declare-
~ion ~hall run ~ith and bind the land, and shall inure.to the beneliC el and be ... (
enforceable bY the Developer, the' Association, or the O~ner of any land subject
~o this Degla~ation, their respecLiva legal representatives, heirsm succeseoro~
end assigus~ for a tern of. 12 years from the date this Declaration i~.recordadm
after which time said covenants shall he automatically extended for succnsslva
periods og ten {10)'years unless an instrument signed by' the then-O~ners of
~o-thir/a C2/3) OE the Lots has been recorded, agreeinE to change said coven~nt~
· and rcs~rictions in' ~hole or in part, For purposes of meeting thi Luo-thi~da
~equl. rcaent~ vhen Colaple:ed Living U~,fts are counted, the Lo: or Lo£o upon ~hich
such Coraplcted Living Unite are situated shall I~ot be counC~id. Provided, ho~-
· ever, tbac no such ag~eemen~ to chae~a shall be effective unless made and
recorded three (3) years in advance of the effective date of such change,' end
unlltss ~rltten notice of the proposed agreement is sent to e~rery
ninety (90) days in ndvancn of any action taken.' :'
Section 2.
under the provisions Of this Declaration shall he deemed to havo been
Not,res.. Any no'tire required to ba sent to any Hember or .
BOOK. 254 'PACE
.(
properly sent ~hen r~iled, postpalfl, to the Iasc kno'.~n address of. the parson ~.'h,
appeara as.tlember or (~ner on the records of the'Associaiion a~ the tim~ of sac]
' Section 3. Enfforcemenc. Enforcement o~ these covenant= and
~ion~ ~hall be ~y any proceeding ~ le.~ or in equity aBains~ any perso~ or per-
sons vlola~ini or a~tc=p~n~ to violate any covenant or resi~tc~lo~, .e~har
res~raXn violation or to recover d~s~ and against the ~and Co enforco any
crea~ed by ~hese aovenan~; and failure by ~he Association or any ~er to
any covenan~ or res~riaCion ~er~n conCai~ed ~hal~ in no'event b~ deemed a
of the right to do ao Cherea/tec.
~eetion l. Reservation. ~e Developer has submitted ~o the
!Cie~ of Upper Allen To~nshi. p certain p~ans for th~ future develop~enk o[ th'e
:e~l .property described in Article I~ of chis Declaration an~ such additions
thereto as ~ay hereagcer hav~ Co be ~de pursuant .to Article X~, said plans ha~
~nd the Pennsylvania Hunicipalicies Planning Code. Said plans are on file vith
Upper illin To,reship. The Developer ~y be r~qulred to rake' additional submis-
sions o~ plans to said authorities, tll such plans are part of the public con-
trols laposed by the Tolmship Board, thh developers, oimers, residents and useri
of the project and they do not create, and are no~ intended ~o crea~e~ any prlvl
property o~ contract rights in the o~ars and,~sidents oi ~h~ project,
~hlch the Developer ha~ ~ubmic~ed to the to:~nsMp authorities represent a p~an
developaen: ~hicb the Developer believes ~ill provide maxfmt~ benefits to' the
re~ident~, ol~ners a~d the public. Dating. the cxCen~ed development program, ho~e
tol~nship ordinances. Accordingly, this Declaration is no~ intended ~o nor does
grant or create any private property o~ contract ~l~bts under any of the ~bove
described plen.s and such plans continue to rennin subject to ~odiiication by
· -tsoo 25,1 AC£ 753
Section 5. Coordination pt Finish CradinR and 1,andscapinR Op.erations.
To permit tile coordination Oi finish g~adin§ and la~dscapinB oparntiona end tile
provision o[ permanent and/or temporary storm drainage facilities es development
york p{~rease~ lrom lot to lot, the Developer, at his expense, shall have the
'ri§~t to change~ alter, modify and/or revise the finish Brads and to complain.
landscape york oi the yard vithin ten (lO) inet of any lot line and in dtaloaga .
a~alea.~eyo~d Raid ten (lO) feet a~ter title to e.lot and the d~elliug thereon
has bee~ transferred to ano~ha~O~nero
Section 6. Severab~ll:y. Invalidation ~ any one oE these covenants
or reslrictiona by Judgment or Court Order shall in no vine a£~ect any other
proviaio~a vhiah shall ~emain in £u~l force and eitect...
ATTEST;
~e~etar>'
.......
~i" ~",...,"'~". '
ALLENVIEU, I &~C.
Presiden~
CO~LMO~R~£ALTII OF ~P£~I~SYLVAt~A
COUNT~ OF )
On this, the ~day of , 1980, before me, s Notary
Public, the undersigned officer~ personally appeared BE~JA~II~ L. BREI~L~N~
President oE lllenvleu, Inc., successor to Breneman and Cslabrese, known
to ~e (o~ satisfactorily proven) to be the person whose name is subscribed
to £he within lns~:~nt, and that he executed same Eot' the purpose :herein
~_/ ~' ~otar), [~ubl£c "=,f, ~
25.1 755
· ' I
ACKNO~-~I, EDCI'[£NT
The undersigned, , ' Sheller & Sons, Inc., being the owner
o£ Lots I~, 16, IC, lB, IE, IF, 1G, and Iii of Stage II, SecC£on B, in
lllenview Planned Residential Development, through its duly authorized
officers, acknowledges that the Corporation approves the revisions to
the Supplemeo£ary Declaration of Covenants and Reatrietlons dated
April 10, 1980, to which this acknowXedgmsn~ is attached.
'756
~lenvtew Planned ~ldontiol Dovolop~ont~ ackn~lcd~o~ tha2 they
~ndrea L. Hisc~vige ~/
S~ate of Penn~yh~nla ~
Coun~ o! Cumbe~and J SS
Recorded m the offi~ ~ ~ ~l~ ~ D~
e~.. 1~ and for Cumberland ~un~, ~.
witness my h~nd end s~l ~ office,
· Rear, er
John E. Slike
Robert C. Saidis
Geoffrey S. Shuff
Albert H. Masland
Johnna I. DeHy
Richard P. Mistitsky
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm
Law Offices
SAIDIS, SHUFF & MASLAND
2109 Market Street * Post Office Box 737
Camp Hill, Pennsylvania 17001-0737
Telephone: (717) 73%3405 ·FacsimiIe: (717) 737-3407
Email: sgsm@ezonline.com
Carlisle Office:
26 w. High Sa'eot
Carlisle, PA 17013
Telephone: (717) 243-6222
Facsimile: (717) 2¢3-6486
Reply To Camp Hill
December 30, 1998
Via Certified and
Regular Mail
Ronald & Sandra Morgan
909 Allenview Drive
Mechanicsburg, PA 17055
RE: Sign Removal
Dear Mr. and Mrs. Morgan:
Our firm represents the Allenview Homeowners Association ("the
Association"). At the time that you purchased the property known as 909
Allenview Drive, (the "Property,") you agreed to be bound by the Declaration of
Covenants and Restrictions dated December 6, 1984 and recorded in the
Cumberland County Recorder of Deeds Office at Misc. Book 301, Page 290 (the
"Covenants and Restrictions"). I have enclosed a copy of the Covenants and
Restrictions for your reference.
Article II, subparagraph (k) of the Covenants of Restrictions provides as
follows:
"SIGNS" - No sign of any kind shall be displayed to public
view on any Lot except one sign of not more than five (5)
square feet advertising the property for sale or rent, or
signs used by a builder to advertise the property during
construction and/or the original sale period.
It has come to the Associations attention that a sign advertising "Ronald
S. Morgan, CPA Office" is currently being displayed on the Property. The said
sign does not comply with Article II, subparagraph (k) of the Covenants and
Restrictions and is therefore in violation of the Covenants and Restrictions. This
letter constitutes official notice by the Association to remove the said sign from
the Property within thirty (30) days of the date hereof.
Exhibit "B"
In the event the sign is not removed within the above time frame, the
Association has instructed our ftrm to file suit against you for the removal
of the sign from the property.
Your anticipated cooperation in t/tis matter is appreciated.
K~Ub~j
Enclosure
cc: Betty Fitzpatrick
Property Manager
Very truly yours,
SAIl)IS/SffUF~ & MASLANI)
a~r~l' M. ~ Lec~e~ohm,~Esq~ex~ ~
ASSOC3A TLON', A PI~NSYL V
NON-PROFIT
RONALD S. MORGAN, $0NDRA
MORGAn, 8ONDRA ~. B~I.1DNOK,
DANIBL $, BRUDNOK AND OARY W.
BLACK
;
:
:
:
;
:
IN THE COURT OP COMMON PLF._.A~
CUMBERLAND COUNTY, PENNSYLVANIA
NO,
CIVIL ACTION- EQUITY
ALLENVIEW HOMEOWNERS
ASSOCIATION, A PENNSYLVANIA
PENNSYLVANIA
NON-PROFIT CORPORATION,
Plaintiff
RONALD S. MORGAN, SONDRA
MORGAN A/K/A/SONDRA J. BRUDNOK,
DANIEL J. BRUDNOK AND GARY W.
BLACK
Defendants
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: NO. 01-1117
: CIVIL ACTION - EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, discontinued and ended, without prejudice.
Date:
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
BY:.. ,/~..~,~, ~°~~~ --
K~rl M. L~debohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff