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HomeMy WebLinkAbout12-5206l } J r 1J? 1. I.zy t`I3 k F\FILES\Clients\7287 Martson\7287.13\7287.13.Complaint.rev. 7.25.2012.wpd 1112 AU 21 H c • ,s J I W L'J,'i) PE14N,SYLN/A? IIA No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON LAW OFFICES 10 East High Street Carlisle„ PA 17013 (717) 243-3341 Attorneys for Plaintiffs STEPHEN C. MARTSON and WENDY F. IN THE COURT OF COMMON PLEAS OF MARTSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2012- -5-2 Q 6 CIVIL ACTION - EQUITY V. MOORELAND FEDERAL DEVELOPMENT, LLC, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 E No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs STEPHEN C. MARTSON and WENDY F. IN THE COURT OF COMMON PLEAS OF MARTSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. MOORELAND FEDERAL DEVELOPMENT, LLC, Defendant NO. 2012- CIVIL ACTION - EQUITY COMPLAINT 1. Plaintiffs, Stephen C. Martson and Wendy F. Martson, husband and wife, are individuals residing at 1005 Drayer Court, Carlisle, Pennsylvania 17013. 2. Defendant, Mooreland Federal Development, LLC, is a Pennsylvania limited liability company with a registered address at 163 North Hanover Street, Carlisle, Pennsylvania 17013. 3. On or about August 5, 2010, Plaintiffs purchased a building lot (the "Property") from Defendant. Such conveyance is evidenced by the deed (the "Deed") attached hereto as Exhibit "A." 4. As set forth in the Deed, conveyance of the Property was subject to a certain Planned Community Declaration for Mooreland Mews, formulated and adopted by Defendant, (the "Declaration"), dated October 18, 2007, and recorded the same date in the Cumberland County, Pennsylvania as Instrument Number 20039875. A copy of the Declaration is attached hereto as Exhibit "B". 5. Section 7:6(a) of the Declaration provides that "....every purchaser of a Unit agrees to commence the erection of a residence within 24 months of closing and settlement on the respective Unit, said erection to be completed within 12 months thereafter. In the event the 24 month time frame expires and no such construction has begun, the Unit shall be reconveyed to Mooreland 16 Federal Development, LLC at the same sale price as set forth in the Deed from Mooreland Federal development, LLC to the Unit Owner. In such event, the Grantor (Unit Owner) in the reconveyance to Mooreland Federal Development, LLC shall be responsible for paying all transfer taxes applicable to such reconveyance and to the recording charges for such reconveyance." 6. Section 12:1 of the Declaration provides that "[t]here are no restrictions on the subsequent transfer of an improved Unit ..." but "[s]hould a Unit Owner other than the Declarant desire to sell an unimproved Unit, the Unit Owner shall be required to reconvey the Unit to Mooreland Federal Development, LLC in accordance with Article VII, Section 6 above." 7. No construction has commenced on the Property. 8. On August 6, 2012, Plaintiffs tendered to Defendant a fully executed deed conveying the Property to Defendant, along with funds payable to Defendant in the amount of $2,330.04, along with the request that Defendant pay to Plaintiffs the sum of $125,000.00 as consideration for the reconveyance of the Property to Defendant. 9. The amount of $2,330.04 tendered to Defendant with the executed deed represents: a. Realty Transfer Tax of $2,500.00, plus; b. Deed recording fees of $62.00, plus; C. Unpaid Carlisle Area School District real estate taxes from July 1, 2012 through August 7, 2012 of $153.62, less; d. Prepaid County and Borough real estate taxes in the amount of $251.07 from August 7, 2012 to December 31, 2012, less; d. Prepaid Homeowner's Association fees in the amount of $134.51 from August 7, 2012 to September 30, 2012. 10. Defendants have not paid the sum of $125,000.00 to Plaintiffs. WHEREFORE, Plaintiffs request that the Court award them the following relief. (a) Order Defendant to pay the sum of $125,000.00; (b) Award to Plaintiffs their costs; and (c) Order such other relief as may be appropriate. MARTSON LAW OFFICES n% 4: -- - ? No V. Otto, III, Esquire I.D. No. 27763 George B. Faller, Jr., Esquire I.D. No. 49813 (717) 243-3341 Attorneys for Plaintiffs Date: August 21, 2012 EXHIBIT "A" -? \-) -A o M W-'s 6 r'? RECORDATION REQUESTED BY: Ronald E. Johnson, Esquire 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 WHEN RECORDED MAIL TO: Marston Law Office 10 East High Street Carlisle, PA 17013 TAX PARCEL NO. 04-21-0322-512 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DE 5r?r_ Lid- MADE THE day of M y in the year of our Lord two thousand ten (2010) BETWEEN MOORELAND FEDERAL DEVELOPMENT, LLC, a Pennsylvania Company with its principal office in The Borough of Carlisle, Cumberland County, Pennsylvania GRANTOR and STEPHEN C. MARTSON and WENDY F. MARTSON, husband and wife, of, Cumberland County, Pennsylvania GRANTEES WITNESSETH, that in consideration of One Hundred Twenty-Five Thousand Dollars ($125,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns as tenants by the entireties. ALL that certain tract land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 12 as shown on the Final Subdivision and Land Development Plan for Mooreland Mews prepared by Brehm-Lebo Engineering, Inc. dated June 18, 2007 and revised October 1, 2007 and recorded in the Office of the Cumberland County Recorder of Deeds as Instrument No. 200739383, more particularly bounded and described as follows: BEGINNING at an existing iron pin at the intersection of the southern right of way line of West South Street (60 feet wide) and the western right of way line of Parker Street (60 feet wide); thence, along the western right of way line of Parker Street South 15 degrees, 15 minutes, 00 seconds West a distance of 64.00 feet to an iron pin (set); thence, along the northern line of Lot No. 13 of the aforementioned final subdivision and land development plan North 74 degrees, 45 minutes, 00 seconds West a distance of 118.00 feet to an iron pin (set) on the eastern line of Phillips Avenue ( a 20 foot wide private right of way); thence, along the eastern line of Phillips Avenue North 15 degrees, 15 minutes, 00 seconds East a distance 64.00 feet to an iron pin (set) on the southern right of way line of South West Street; thence, along the southern right of way fine of West South Street South 74 degrees, 45 minutes, 00 seconds East a distance of 118.00 feet to an existing iron pin, the point of BEGINNING. CONTAINING 7,552.00 square feet and subject to all easements as shown on the Final Subdivision and Land Development Plan for Mooreland Mews. UNDER AND SUBJECT, NEVERTHELESS, to the Planned Community Declaration for Mooreland Mews dated October 18, 2007 and recorded October 18, 2007 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument No. 200739875. BEING part of the same premises which Carlisle Health and Wellness Foundation, a Pennsylvania Non-Profit Corporation by its Deed dated June 29, 2007, and recorded June 29, 2007 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 280, Page 3715, granted and conveyed unto MooreIand Federal Development, LLC, Grantor herein. And the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the said Grantor has hereunto set its hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF MOORELAND FEDERAL Q EVELOPMENT, LLC (SEAL) By: Douglas R. Heineman, Manager COMMONWEALTH OF PENNSYLVANIA } . SS. COUNTY OF CUMBERLAND h it ON THIS, the Jl" day of 2010, before me, the undersigned officer, personally appeared Douglas R. Heineman, who acknowledged himself to be the Manager of Mooreland Federal Development Company, LLC, and that he has such Manager being authorized to do so executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as Manager. IN WITNESS WHEREOF, I hereunto set y hand and o cial seal. Oitillu OMALTH of PMSRLVAMA /L O (SEAL) I NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County M commiuioa fires December 20, 2010 I do hereby certify that the.precise residence and complete post office address of the within- named Grantee(s) is: I;Z-5 1 11 .- ?2.-r• .,L PA 1.7041 Date. • ,11? Attorney for ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201021720 Recorded On 8/6/2010 At 12:11:05 PM * Instrument Type - DEED Invoice Number - 70506 User ID - MSW * Grantor - MOORELAND FEDERAL DEV LLC * Grantee - MARTSON, STEPHEN C * Customer - MARTSON * FEES STATE TRANSFER TAX $1,250.00 SIAM WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $625.00 DISTRICT CARLISLE BOROUGH $625.00 TOTAL PAID $2,562.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O /D76DS - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111 EXHIBIT 66 B" PLANNED COMMUNITY DECLARATION FOR MOORELANU MEWS Borough of Carlisle Cumberland County, Pennsylvania Submitted pursuant to the provisions of the Pennsylvania Uniform Planned Community Act 68 Pa. S. Sections 5101 et seq. PLANNED COMMUNITY DECLARATION FOR MOORELAND MEWS THIS DECLARATION is made this 1.'clay of C/e'T k#- , 2007, by Mooreland Federal Development, LLC, a Pennsylvania Limited Liability Corporation with an office address of 163 Nordic Hanover Street, Carlisle, PA 17013, as the Owner in fee simple of the real estate herein described. ARTICLE I SUBMISSION I'll Name; County; Description: Mooreland Federal Development Company LLC, its suc essors and assigns ("the Declarant") Owner in fee simple of the real estate described in Exhibit "A" attached hereto (the "Property"), located in the Borough of Carlisle, Cumberland County. Pe sylvania, hereby submits the Property to the Uniform Planned Community Act, 68 Pa. C.S. Sec ions 5101 et. seq. (the "Act") and hereby creates a residential planned community, to be known as "Mooreland Mews". 1:2 Easements and License: The Property is subject to the following easements. rights and iappurtenances: (a) Subject to right ofway to PP&L in Misc. Book 238, Page 367; (b) Subject to right of way to UGI in Misc. Book 275, Page 413; (c) Subject to the easements, rights, conditions and plan notes as shown on the final subdivision plan for Mooreland Mews recorded in Cumberland County Plan Book 39, Page 383 including all necessary utility easements for water, gas. electric, sanitary sewer, storm sewer and cable TV. (d) Subject to an easement agreement with Carlisle Area Health and Wellness Foundation recorded as Instrument No. 2007737710 for a stormwater collection pipe and stormwater management system over and through Lots 1 thru 5 inclusive as shown on the Final Subdivision Plan for Mooreland Mews recorded in Cumberland County as Instrument No. 200739383. ARTICLE II DEFINITIONS 2: l Terms Defined or Used in the Act: me?nings specified or used for such term oth?.Irwise set forth herein. Terms used herein and in the Plans shall have the s in Section 5103 or elsewhere in the Act, unless 2 12 Other Terms Defined: 'The following terms used herein or in the !Tats and Plans show the meanings set forth below: (a) `'Allocated Interest' means the common expense liability and votes in the Association allocated to each Unit. i b) "Association" means the Unit Owners Association for the Planned Community and shall be known as the Mooreland Mews Homeowners Association. (c) "Common Expense Liability" shall mean the liability for common expenses allocated to each Unit. (d) "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. (e) "Common Facilities" means any real estate within the Planned Community which is owned by the Association or leased to the Association. The term specifically does not include a Unit. (f) "Controlled Facilities" means any real estate within a Planned Community, whether or not a part of a Unit, that is not a common facility but is maintained, improved, repaired, replaced, regulated, managed, insured or controlled by the Association. (1!) "Declarant" shall mean the Mooreland Federal Development LLC, its successors and assigns. (h) "Declaration" means this document as may be amended from time to time, (i) "Executive Board" means the Board of Directors of the Association. (j) "Lot" shall mean "Unit". (k) "Plans" shall mean the Final Subdivision Plan for Mooreland Mews, recorded in Cumberland County as Instrument No. 200739383. (1) "Special Declarant Rights" are rights for the benefit of the Declarant to: i, complete improvements included on the Plans filed with the Declaration; ii. combine two Units into one conveyance if the purchaser has obtained municipal approval for a consolidated lot; 3 iii. maintain offices, signs and models under Section 5217 of the Act: iv. use easements through the common facilities or controlled facilities for the purposes of making improvements within the Planned Community; (m) "Successor Declarant" shall mean any successor to Declarant or a successor to any Special Declarant Right. (n) "Unit" shall mean a physical portion of the Planned Community designated for separate Ownership or occupancy as described herein and as depicted in the Plans. Units are described on the Plans as Lots. (o) "Unit Owner" is a Declarant or any other person who owns a Unit in a Planned Community. ARTICLE III UNITS AND VOTING 3:1 Units: The locations and dimensions of all Units comprising the Planned (`04imunity are shown on the Plan recorded in Cumberland County as Instrument No. 200739383. 3:2 Subdivision: A Unit may not he subdivided into two or more units except two or more units may be combined or consolidated for purposes of the building of one residential I ;nit. 3:3 Voting Rights: Common Expense Liability: Each Unit shall be entitled to one vote in t e ;Association. When more than one (]) person holds an interest in any Unit, all such persons sha 1 be members. The vote for such Unit shall be exercised as such persons among themselves ma f determine, but in no event shall more than one (1) vote be cast with respect to any IJnit. Any suc joint Owners shall designate and register with the secretary of the Association the name of tha?:Owner entitled to cast such single vote. If ajlot Owner owns two (2) Units the lot Owner will be entitled to cast one vote per Unit. VN: Common Expcnse Liability of each Unit shall be assessed in accordance with each Unit's Volling Interest. If a lot Owner owns two (2) Units they will be assessed for each knit the lot Owjner owns. 4 ARTICLE 1V DESCRIPTION AND ALLOCATION 01' COMMON AND CONTROLLED FACILITIES 4:1 Common Facilities: The Common Facilities are those portions of the Planned Co m: ity not forming either part of a Unit or areas to be dedicated to the municipality and utilriies. The Common Facilities consist of service roads as shown on the Plan and such other ope space not forming a part of a Unit. The Common Facilities will be conveyed to the Ass ciation and until the time of conveyance will be owned by the Declarant or any successor Dec lint. Conveyance will be by special warranty deed to the Association for consideration of One Dollar ($1.00). 4:2 I Controlled Facilities: i (a) Declarant will install all controlled facilities as shown on the final subdivision plans or easements. Thereafter, the Association is obligated to maintain, improve. repair. replace, regulate, manage, insure and control the controlled facilities. (b) The Association shall be responsible to maintain as controlled facilities all stormwater management controls. ARTICLE V EASEMENTS 5:11 . Additional Easements: In addition to and in supplementation of the easements pro ided for by Sections 5216 (encroachments). 5217 (Declarant 's use of portions of buildings for sale; purposes) and 5218 (to facilitate Declarant's work) and other provisions of the Act and in add ion to the easements set forth in Section 12 hereof. the following easements are hereby crej ed: (a) Offices: Declarant, or the builders approved by Declarant, shall have the right to maintain models, management offices, and sales offices, on the Property and to relocate such models, management offices, sales offices and rental offices from time to time anywhere within the Property, as approved by Declarant. (b) Signs: Declarant shall have the right to maintain or authorize on the Controlled Facilities and/or upon Declarant owned Units such advertising signs as Declarant in its sole discretion may deem approrpirate, provided that such signs comply with applicable governmental requirements. Declarant may from time to time relocate such advertising sings. (c) Utility Easements: The Common Facilities shall be made subject to easements in favor of the Declarant, appropriate utility and service companies and governmental agencies or authorities for such utility and service lines, and as may be necessary or desirable to serve any portion of the Property, The easement created in this Article 5.1 shall include, without limitation, rights of Declarant, or the providing utility or service company, or governmental agency or authority to install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits, water mains and pipes, sewer, and drain lines, telephone wires and equipment, television equipment electrical wires, conduits and facilities (cable or otherwise), and equipment over, under, through, along and on the Common Facilities. (d) Ingress and Egress. Each Unit Owner has an unrestricted right of access to his or her Unit. Each Unit Owner has a non-exclusive easement to access and use of the Common Facilities, subject to the restrictions established by the Association. (e) Support: Each Unit Owner has the benefit of a restriction upon any action of a neighboring Unit Owner, or of the Association with respect to the Common Facilities, which would endanger the stability or safety of his Unit. 5:2 ; Common Facilities Easements in Favor of the Association: The Common Facilities and Controlled Facilities shall be and are hereby made subject to an easement in favor of the Ass ciation and the agents, employees and independent contractors thereof for the purpose of the ins ction, upkeep, maintenance, repair and replacement. ARTICLE V1 AMENDMENT OF DECLARATION 6-11, Amendment Generally: This Declaration may be amended only in accordance with the procedures specified in Section 5219 of the Act, the other sections of the Act referred to in Sec ion 5219 thereof and the express provisions of this Declaration. Except as set forth in Section 521 (2) and (3) of the Act and Article III hereof, no amendment of this Declaration may be made wit out the prior written approval of 67% of the Unit Owners if and to the extent that any such am ndment would add or amend any material provisions of the Declaration. 6:2 Riahts of Declarant: No change, modification or amendment which affects the rights, pri ileges or obligations of the Declarant shall be effective without the prior written consent of the De Iarant. 6:3j Other Amendments: If any amendment is necessary in the judgment of the Board of Dir etors to cure any ambiguity or to correct or supplement any provision of this Declaration or the Pla is which is defective or inconsistent with any other provision hereof or thereof or with the Act, or change, correct or supplement anything appearing or failing to appear in the Plans which is ine ?rirect, defective or similarly inconsistent, the Board of Directors may, at any time and from 6 time to time effect such amendment without the approval of the Unit Owners upon receipt by the RoaW of Directors of an opinion from independent legal counsel to the effect that the proposed ame#?dment is permitted by the terms of this sentence. Each such amendment shall be effective upon the recording of an appropriate instrument setting forth the amendment and its due execution and acknowledgement by one or more officers of the Board of Directors. 6:4 Termination: Subject to the limitations imposed by Section 5220 of the Act, termination of die Planned Community requires the unanimous, prior written approval of all l Jnit Owners, provided, however, in the event of a substantial destruction or substantial taking by eminent domain of the Property then the Planned Community may be terminated with agreement of init Ow ters of Units which have at least 80% of the votes in the Association ARTICLE VII ARCHITECTURAL. CONTROL. 7:1 ; Architectural Control Committee. The Declarant shall initially appoint an Arc itectural Control Committee and shall till any vacancies in said committee. After the De?Iieowners arant has conveyed all of the units in Mooreland Mews, then the Mooreland Mews Ho Association shall thereafter appoint the Architectural Control Committee. 7:2 Architectural Control. No building, fence. wall or other man-made structure shall be co menced, erected or maintained upon any Unit, until the builder and the plans and spe,ifLcations showing the nature, kind, shape, height, materials and location of the same shall hav c been submitted to and approved in writing as to harmony of external design, colors and loc tion in relation to surrounding structures, topography and finished ground elevation by the Architectural Control Committee, 7:3 Building Plans Auproval. No building shall be erected. placed or altered on any Unit unt I the construction plans and specifications and a plan showing the location of the structure have bee i approved by the Architectural Control Committee as to quality of workmanship and ma •rials, harmony of external design and colors with existing structures, and as to location with res ect to topography and finished grade elevation. No fence or wall shall be erected, placed or alte •ed on any unit nearer to any street than the minimum building set-back line. 7:41 Setback Requirement. A building setback line shall be maintained in compliance with Ca !isle Borough requirements. 7:5 Zoning, The respective Zoning Ordinance and all regulations passed by the Borough of Ca lisle municipal governments shall apply to the development of this property and any revisions or mendments to such ordinances and regulations shall be applicable as well. 7:6 Construction Period. (a) In order to assure the desired residential atmosphere of Mooreland '.Views, every purchaser ofa Unit agrees to commence the erection of a residence with 24 months of closing and settlement on the respective Unit, said erection to be completed within 12 months thereafter. In the event the 24 month time frame expires and no such construction has begun, the Unit shall be recon eyed to Mooreland Federal Development, LLC at the same sale price as set forth in the Deed from Mooreland Federal Development, LLC to the Unit Owner. In such event the Grantor (Unit Owner) in the reconveyance to Mooreland Federal Development, LLC shall be responsible for paying all transfer taxes applicable to such reconveyance and to the recording charges for such reconveyance. The Architectural Control Committee may waive this requirement by giving written notice to such Unit Owner. (b) Both the Declarant's contractor and the builders for Unit Owners shall maintain their respective work area in good condition and prevent any debris from construction littering surrounding Units. All Units shall be kept in sightly conditions prior to and following the completion of the residence being constructed. j (c) Fine grading, seeding and service pavements shall be completed within six months of completion of a dwelling. 7:7 Pole Lighting. Each Unit Owner shall be required to install and maintain at least one dus to dawn exterior pole light at the front of the dwelling where the service walk to the front door int sects with the public sidewalk. 7:8 Gara¢es. Each Unit Owner will be required to have a minimum of a two car attached or det ched garage facing the private alley to the rear of the Unit with a minimum of two coach lights at t e garage door opening with dusk to dawn sensors. 7:91: Fences. No fences, walls or hedges shall be erected on any Unit without the Architectural Co trol Committee's written approval, which shall control the height and adequate openings of s• e so not to block the view and air of adjoining Unit Owners. 7:1 ?) Landscaping Plan. (a) Prior to the occupancy of any dwelling located on a Unit a landscaping plan for the Unit, showing the type, size and location of plants and materials shall be submitted to and approved in writing as to conformity, and harmony with existing structures, topography and finished ground elevation by the Architectural Control Committee, or by a landscaping committee appointed by the Architectural Control Committee. The grass plot on the Unit and the plants and materials as shown on the landscaping, plan shall be installed by the Owner within one year of the commencement of construction of any dwelling on the unit. (b) No living trees on the property, other than those in the area cleared for erection of improvements shall be destroyed without the consent of the Architectural Control Committee. All trees planted within 10 feet of the public right-of-way shall be of a variety specified by the Architectural Control Committee. 7:11; Plan Changes. No changes shall be made in the approved building plans prior to the occ pahcy of any dwelling house located on a Unit without the prior written approval of the Are it$ctural Control Committee, and no substantial change shall be made in the approved Ian icaping plan without the approval of the Architectural Control Committee. 7:1 Exterior Changes After Occupancy. After the initial occupancy of any dwelling house loco ed on a Unit, any erection of a structure (including but not limited to fences, walls and mai axes), any addition or alteration to the exterior of a structure, or any change in the existing col or finish of any exterior surface of any building on a Unit shall not be done until plans and spe ifications showing the nature, kind, shape, height, materials, and location of the same shall hay been submitted to and approved in writing as to harmony of external design, colors and loc ion in relation to surrounding structures, and finished ground elevation topography, by the Boo A of Directors of the Association, or by an architectural committee composed of 3 or more rep sentatives appointed by the Board of Directors. In the event said Board of Directors, or its des nated committee, fails to approve or disapprove such change, design and location within 30 day after said plans and specifications have been submitted to it, approval will not be required and this section will be deemed to have been fully complied with. ARTICLE VIII PROTEC"1'IVE COVENANTS Residential Use. The Units shall be used for residential purposes only, and no other use shall be permitted thereon at anytime; provided this Section does not prohibit the right of arant to use model homes. No residential dwelling shall be rented for a period of less than 6 Commercial Enterprises. No store, business, or commericial enterprise shall be ined or operated in any private residence whether or not such use would be maintained or A in any private residence. A home office is permitted if such office is not used to see uals as patients, clients or customers in the office and such office does not cause a visible to the exterior residential character of the residence. This section shall not operate to t the right of Declarant, or Declarant's assignees, to use model homes. 9 8:3 Temporary Structures. No structure of a temporary character, mobile home, trailjr, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Unit at any time+as a residence, either temporarily or permanently. 8:4 Exterior Materials. No building blocks shall be used in the exterior walls of any building above the finished grade of the ground unless faced or covered with brick, natural stone, wood, vinyl siding, or such other materials as shall have the prior approval of the Architectural Conlrol Committee. 8:5 Dwelling Quality and Size. It being the intention and purpose of the covenant to assure that 11 dwellings shall be of a quality of workmanship and materials substantially consistent with the lllowing requirements. (a) No building shall be erected on any Unit except one single family detached family residential building of new construction with an attached or detached minimum two car garage or greater. All garages shall face the private alley to the rear of the Unit. (Exception may be granted to Owner for a small pool house, in ground swimming pool and facilities) (b) Minimum building size shall be 2250 square feet of living space defined as follows: all interior floor space above grade, excepting basements, garages, porches, decks. (c) No modular home is to be placed or built on any Unit. 8:6! Land Use and Building Type: No Unit shall be used except for a single fam, lyj residential purposes except as set forth in Section 8:1 and 8:2 herein. No buildings shall be ere ed, altered, placed or permitted to remain on any Unit other than one single family detached dw fling not to exceed two and one-half stories in height and a private garage either attached or det hed. This shall not preclude pool houses or gazebos if approved by the Architectural Co rQI Committee. 8:7 ! Utilities. All Units must use the public water and sewer as available. 8:8 Mailboxes. All mailboxes must follow the conformity established or approved by the Arc?iitectural Control Committee. 8:9 j Driveways. All driveways must be paved with either concrete, asphalt or utilize brick pavers. 8:1 Storage Tanks. No tank for storage of ten (10) gallons or more of gas or flammable liq ds may be maintained outside ofa building on any Unit, provided that propane tanks used for fire lakes may be maintained outside of a building if screened from view of any adjoining property or rdet. 10 8:11 Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, brec4nr kept on any lot, except that dogs, cats or other household pets may be kept provide that they are cot kept, bred, or maintained for any commercial purpose. However, no dog, cat or other household pet may be maintained outside of the residence constructed on the lot and no doghouse or other constructed dwelling for the pet may be maintained outside the aforesaid dwelling. The pet Shall be properly confined (a properly confined pet is defined as on a leash when outside the Owner's Unit). Barking dogs left outside shall not be permitted. 8:1 Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping gro nd,' for rubbish. Trash, garbage or other waste shall not be kept except insanitary containers. All ncinerators or other equipment for the storage or disposal of such material shall be kept in a cle t and sanitary condition. 1 8. l _ Vehicles. No trailers, recreational vehicles, boats, boat trailers, or junk vehicles shall be irked or stored on any Unit except within a garage, unless it is parked in the driveway of a Unit on, temporary basis, i.e. less than ten (10) days in a quarter. A junk motor vehicle shall be taken to can any motor vehicle that does not have current Pennsylvania inspection sticker and for whi :h one cannot be obtained. No trailer, recreational vehicle, boat, boat trailer, or junk vehicle ma be parked overnight on any street of the Planned Community. 8:14 Repair of Motor Vehicles. No repair of any motor vehicles shall he permitted outside of' anygarage building. 8:1 Radio and Television Antennas. No radio or television antennas, or satellite dish ant as, shall be erected or maintained outside of a building on any Unit, provided that satellite dis antennas, at 24" diameter or less, may be erected outside of a building after approval as to styl and location by the Architectural Control Committee, 8:1 Nuisances. (a) No obnoxious or offensive trade or practice of any kind shall be carried on or upon the Unit or the Planned Community, nor shall anything be done which may become an annoyance or a nuisance to the neighborhood. (b) All Owners of vacant land shall keep the same free from collection of refuse and shall mow said Units at least four (4) times during each mowing season unless the grass is kept short by other methods. (c) In the event any resident believes that a nuisance or offensive practice is being committed, such member may present the fact of his complaint in writing to the Architectural Control Committee. After reasonable investigation and opportunity for personal hearing, such committee shall decide whether or not the nuisance or offensive practice of any kind does exit, such finding shall be conclusive and the continuance of the offensive conduct, after notice to terminate such conduct has been delivered to the responsible persons, shall constitute a violation of this covenant. In addition to such remedy, a complaining member shall have the usual relief available in an action at law or equity. 8:17 Si us. No signs of any kind shall be displayed to the public view on any Unit except one prot>essionai sign of not more than one (1) square foot or one sign of not more than five (5) square feet; temporarily advertising the property for sale or rent, or signs used by a builder or the Decilarant to advertise the Unit during the construction and sales period. 8:1 Exterior Laundry Drvine Facilities. Exterior laundry drying facilities including, but tot limited to, posts and lines, racks and rotating type equipment are prohibited unless such unit.. can be screened from view off of the Unit immediately upon installation. 8:1 Service Drives. No vehicles of any kind are permitted to be parked in the service drives. 8:2 Above Ground Swimming Pools. Above ground swimming pools are not permitted on any Unit. 8:2 Outbuildings and Garages. All outbuildings or similar structures separate from the sin le family residence constructed on a Unit shall be constructed with materials compatible with the ':onstruction of the main house and shall be approved by the Board prior to the commencement of any construction. 8-1 fences. (SEE 7:9) No fence wall or other dividing instrumentality shall be con •tructed or maintained on any Unit unless it shall have been approved by the Architectural Co trol Committee. 8:2 Y Landscaping. (SEE 7:10) The installation of all landscaping must be approved by the Bo d! following submission of a landscape plan. The applicant will pay for the costs of preparing the plan and the Architectural Control Committee's review of the plan. i 8:2 Rights of Way. The Units are sold subject to the rights of way granted to public util hies and to the Declarant for installation of utilities. ARTICLE 1X POWERS OF THE EXECUTIVE' BOARD 9: t, General. In addition to the powers set forth in Section 5302 of the Act, the Board of Dir?-cfors shall have the following additional powers: 12 (a) Appoint Committees. To appoint committees of the Board (which need consist of only one Board Member) and to delegate to such committees the Board of Directors authority to carry out certain duties of the Board, subiect to the approval and control of the Board. (b) Management. To engage the services of a manager or managing agent. who may be any person, firm or corporation, upon such terms and compensation as the Board of Directors deems fit, and to remove such manager or managing agent at anytime, provided any agreement with such manager or managing agent shall extend for not more than three (3) years and must be terminable by either party to such agreement without cause and without payment of a termination fee upon thirty (30) days or less prior written notice. (c) Engage Services. To engage the services of any persons (including, but not limited to, accountants and attorneys) deemed necessary by the Board of Directors at such compensation as is deemed reasonable by the Board of Directors, in the operation, repair, maintenance, and management of the property, or in connection with any duty, responsibility or right of the Board of Directors and to remove, at any time, any such personnel. (d) Dischar ee Liens. To pay any amount necessary to discharge any mechanic's lien or other encumbrance levied against the Property or any part thereof' which may in the opinion of the Board of Directors constitute a lien against the Property or against the. Common Facilities, rather than merely against the interest therein of particular Unit Owners. Where one or more Unit Owners are responsible for the existence of* such lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by the Board of Directors by reason of said lien or liens, including reasonable attorneys fees, shall be specially assessed to said Unit Owners. ARTICLE X INDEMNIFICATION Fiduciary Duty: In the performance of their duties, the officers and members of the rd' of Directors shall stand in a fiduciary relation to the Association and shall perform their es including duties as members of any committee of the Board upon which they may serve, in I faith, in a manner they reasonably believe to be in the best interests of the Association and such care, including reasonably inquiry, skill and diligence, as a person of ordinary prudence Id' use under similar circumstances. Good Faith Reliance, In performing his or her duties, an officer or Executive member shall be entitled to rely in good faith on information, opinions, reports or nts, including financial statements and other ed by any of the following: financial data, in each case prepared or 13 (a) One or more other officers or employees ofthe Association whom the officer or Board of Directors member reasonably believes to be reliable and competent in the matters presented. (b) Counsel, public accountants or other persons as to matters which the officer or Board of' Directors member reasonably believes to be within the professional or expert competence of such person. (c) A committee of the Board of Directors upon which he does not serve, duly designated in accordance with law, as to matters within its designated authority, which committee the officer or Board of Directors member reasonably believes to merit confidence. An officer or Board of Directors member shall not be considered to be acting in good faith if h? has knowledge concerning the matter in question that would cause his reliance to be un4rranted. 10:1: Limited Liability: (a) The members of the Board of Directors and officers, in their capacity as such, shall not be personally liable for monetary damages for any action taken, or any failure to take any action, unless any such person has breached or failed to perform the duties of his office under the standards described above; provided, however, that the provisions of this Section 10.3 shall not apply to the responsibility or liability of Board of Directors member or officer pursuant to any criminal statute, or to the liability of the Board of Directors member or officer for the payment of taxes pursuant to local, state. or federal law. (b) In discharging the duties of their respective positions, the Board of Directors members and officers may, in considering the best interests of the Association, consider the effects of any action upon employees and upon suppliers of the Association and upon communities in which the Planned Community is located, and all other pertinent factors. The consideration of those factors shall not constitute a violation of the standards described above. (c) Absent breach of fiduciary duty, lack of good faith or self-dealing, actions taken as a Board of Directors member or officer or any failure to take any action shall be presumed to be in the interests of the Association. (d) To the extent permissible under Pennsylvania law, expenses incurred by a Board of Directors member or officer in defending a civil or criminal action, suit or proceeding shall be paid by the Association in advance of the final disposition of such action, suit or proceeding upon the request of the Board of Directors member or officer, after the Association has received an undertaking by or on behalf of such person to repay such 14 amount if it shall ultimately be determined that he is not entitled to be indemnified by the Association. (e) To the extent permitted under Pennsylvania law, each member of the Board of Directors, in his capacity as an Board of Directors member, officer or both, shall be indemnified by the Association against all expenses and liabilities, including reasonable attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding in which he may become involved by reason of his having been a member and/or officer of the Board of Directors, or any settlement of any such proceeding, whether or not he is a Board of Directors member, officer or both, at the time such expenses are incurred, except in such cases wherein such Board of Directors member and/or officer is adjudged guilty of breach of the standards of conduct described above; provided that, in the event of a settlement, this indemnification shall apply only if and when the Board of Directors (with the affected member abstaining if he is then a Board of Directors member) approves such settlement and reimbursement as being in the best interest of the Association; and provided further that, indemnification hereunder with respect to any criminal action or proceeding is permitted only if such Board of Directors member and/or officer had no reasonable cause to believe his conduct was unlawful. The indemnification by the Unit Owners set forth in this subparagraph (e) shall be paid by the Association on behalf of the Unit Owners and shall constitute a Common Expense and shall be assessed and collectible as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Board of Directors member and/or officer may be entitled as a matter of law or agreement or by vote of the Unit Owners or otherwise. (f) The Board of Directors may obtain insurance to satisfy the indemnification obligation of the Association and all Unit Owners set forth in subparagraph (e) above, ifand to the extent available. ARTICLE XI BUDGETS, COMMON EXPENSES, ASSESSMENTS AND ENFORCEMENT 11; Periodic Assessments. All regular common expense assessments made in order to meet the requirements of the Association's annual budget shall be deemed to be adopted and assessed on an nnual basis and shall be due and payable during the first ten (10) calendar days of the month of the first day of that month by all Association members of record as of the first day of that month. Th first day of membership in the Association shall be defined as the date of settlement, A full m itlily amount of dues for this initial membership shall be waived at closing whether or not this ini 'al month shall be a full month or a partial one. The first periodic assessment owed by the new m bers shall be payable during the first ten (10) calendar days of the month following the month in hich settlement occurs. Upon the sale of the first Unit in the development, all Units including U is owned by the Declarant will be assessed a common expense assessment. 15 11:.- fees and Charges; Liens: The Board may impose any fees, charges, late charges, fines and linterest which may be levied by the Board of Directors pursuant to Section 5302(a)(I 0), (1 l ) and (12). The Association has alien on a Unit for any assessment levied again that Unit or tines imposed against the Unit Owner from the time the assessment or tine becomes due. Foreclosure, periktion and priority of the lien shall be in accordance with Section 3515 of the Act. II:, Reserve: Each annual budget for Common Facilities shall include an amount reasonably considered by the Board of Directors to be sufficient as a reserve for replacements and contingencies. 11:1 Accounting: On or before the first day of January of each calendar year commencing 2005, the Board of Directors shall supply to all Unit Owners an itemized accounting of the Co pmo' n Expenses for the preceding calendar year actually incurred and paid together with a tabulation of the amounts collected pursuant to the annual budget or assessments and leases and sal s or property owned or managed by the Board of Directors on behalf of the Association, and sho ink the net excess or deficit of income over expenditures plus reserves. 1 l : Special Assessments. If any annual budget proves inadequate for any reason including no paylment of any Unit Owner's assessments, or any nonrecurring Common Expenses or any Common Expense not set forth in the annual budget as adopted, the Board of Directors may at any tim ! levy a further assessment, which shall be assessed to the Unit Owners according to each Unit Owter's Allocated Interest in the Common Facilities. Such further assessment shall be payable in ane or more monthly payments during such period of time as he Board of Directors may determine. The Board of Directors shall serve notice of such further assessment on all Unit Ow tiers by a statement in writing giving the amount and reasons therefore, and such further ass issment shall become effective and shall be payable at such time or times as determined by the Bo rd of Directors. 11:1) Interest and Charges: All sums assessed by the Board of Directors against any Unit Ow Ter as a periodic or special assessment shall bear interest thereon at the then maximum legal rat .provided by the Act from the 5`'' day following default in payment of any installment when due Any delinquent Unit Owner shall also be obligated to pay (i) all expenses of the Board, ine udjng reasonable attorneys' fees, incurred in the collection of the delinquent assessment by leg ;l proceedings or otherwise, and (ii) any amounts paid by the Board for taxes or on account of superior liens or otherwise to protect its lien, which expenses and amounts together with accrued int rest and late charges, shall be deemed to constitute part of the delinquent assessment and shall bei ollectible as such subject to Article 11.2 above. 11:11' Surplus: Any amounts accumulated from assessments for Common Expenses and inc '3 me from the operation of the Common Facilities to which such Common Expenses pertain in exe tss of the amount required for actual Common Expenses and reserves for future Common Ex vn$es shall be credited to each Unit Owner in accordance with Allocated Interests, said credits to e applied to the next assessment of Common Expenses due from said Unit Owners under the ctu?cnk fiscal year's budget, and thereafter, until exhausted. 16 AKTI(A,F X I I ALILNA HON 12:1 Restrictions on Transfer: There are no restrictions on the subsequent transfer of an im roved Unit except that such transfer is subject to the terms, conditions, provisions and regI tiremlents of this Declaration. Should a Unit Owner other than the Declarant desire to sell an untrproved Unit, the Unit Owner shall be required to reconvey the Unit to Mooreland Federal Development, LLC in accordance with Article VIL Section 6 above. ARTICLE X111 INSURANCE; CONDEMNATION 13: Generally: The Board of Directors, to the extent reasonably available, shall acquire and pa for insurance to be written by insurers licensed in Pennsylvania and having a Best's Insurance Rating of "B" general policyholder's rating and III financial size category or an "A" general pol yholder's rating, or their equivalent if such rating is no longer available in the amounts as req fired by the Act in addition to and subject to the following: i ('a) Board's Discretion. Such insurance as the Board of Directors deems advisable in the operation, and for the protection of the Common Facilities. (b) Contribution. If the act or omission of a Unit Owner, or of a member or his family member, a household pet, guest, occupant or visitor of such Unit Owner, shall cause damage to the Common Facilities, or Controlled Facilities or maintenance, repairs or replacements shall be required which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board of Directors. (c) Property and Casualty Limits. Comprehensive general liability and property damage insurance as required by the Act shall be in such limits as the Board shall deem desirable provided that such limit shall not be less than One Million ($1,000,000.00) Dollars per occurrence, for personal injury and/or property damage, insuring the Association, the Board members, the managing agent, if any, and their respective agents and employees, and the Unit Owners from any liability to the public or to the Unit Owners, their tenants or invitees, relating in any way to the Ownership and/or use of the Common Facilities, Controlled Facilities or any part thereof. (d) Forms. The Board of Directors may, obtain such other forms of insurance as the Board shall elect to effect including Board members and officers liability insurance and such Worker's Compensation insurance as may be necessary to comply with applicable laws. 17 (e) Fidelity Bonds. The Board of Directors may obtain a fidelity bond or bonds or insurance policy to protect against dishonest acts on the part of the Board members, officers, agents (including, agents for the management of the Property), employees, volunteers and all others who handle, or are responsible for handling funds of the Association. If obtained, such bond or bonds or insurance policy shall name the Association as an oblige or insured and shall be in the amount of 150% of the then current annual budget for Common Expenses or such higher amount as the Board deems appropriate; provided, however, in no event in an amount less than the sum of three months' assessments on all LJnits plus the Association's reserve funds. Such bond or bonds or insurance policy shall contain: (1) a waiver of defense based upon the exclusion of persons who serve without compensation from the definition of' "employee" or other appropriate provisions to assure coverage of such persons; and (2) a provision that the Bond may not be cancelled or substantially modified without at least ten (10) days prior written notice to the Association. (f) Premiums. Except as otherwise provided in this Declaration, premiums for all insurance obtained or maintained by the Board, fees and expenses of the insurance trustee, if any, and the cost of any appraisal which the Board deems advisable in connection with any insurance, shall be Common Expenses, (g) Attorney in Fact. The Board of Directors is hereby irrevocably appointed as attorney-in-fact for each Unit Owner and for each holder of a mortgage or other lien upon a Unit and for each Owner of any other interest in the Property for the purposes of purchasing and maintaining insurance as set forth in this Section including the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability; the execution of all documents: and the performance of all other acts necessary to accomplish such purpose. 13:+: Insurance Trustee: (a) Names Trustee. The Board of Directors shall have the option, in its sole discretion, of naming as an insured, on behalf of the Association, an Insurance Trustee with whom the Association has entered into an insurance trust agreement. The duty of the Insurance Trustee shall be to receive, hold or otherwise properly dispose of in accordance with Section 5312 of the Act, proceeds of insurance designated in the Insurance Trust Agreement in trust for L)nit Owners and their Permitted Mortgagees as their interests may appear. (b) Proceeds. 'I'he net proceeds of all property insurance policies and (subject to the provisions of Article 13.4) the net award or other net proceeds of any taking by the power of or a power in the nature of eminent domain or pursuant to a deed in lieu of' condemnation, shall be paid to and distributed by the Board of Directors or any Insurance Trustee as follows: 18 ' r In cases where the Premises are to be repaired, replaced and restored in appropriate progress payments to the contractors, materialmen, engineers, architects, or other persons engaged by the Board of Directors who have rendered services or turnished materials for such repair and restoration, provided that appropriate waivers of mechanics or materialman liens are first validly recorded before any work is commenced by each person; and ii. In cases where there is a termination of the Planned Community. in accordance with the provisions ol'Section 5320 of the Act. (c) Application of Proceeds. if the amount of insurance proceeds or the amount of the award or such other net proceeds shall exceed the cost of repairs and restoration in cases governed by clause (b)(i), the excess shall be applied against Common Expenses. 13:1 General Insurance Provisions: (a) Provisions. All policies of insurance carried under Article 13.1 shall: i. Provide that they shall not be cancelled or modified without at least 10 days prior written notice to all whose interests are covered thereby. including, without limitation, the holders of'Permitted Mortgages in the case of policies of property and fidelity insurance; ii. Provide that the policy is primary coverage and that the coverage afforded thereby shall not be affected or diminished or result in contribution by reason of any additional insurance separately carried by any Unit Owner or by an other person or entity; iii. Provide that the insurer shall not have the option to restore the insured premises in lieu of making a cash payment of the proceeds; iv. Provide that each Unit Owner is an insured person under the policy with respect to liability arising out of his Ownership of an undivided interest in the Common Faciliites or membership in the Association and that no act or omission by any Unit Owner, unless acting within the scope of his authority on behalf of the Association, will void the policy or be a condition of recovery under the policy. Duplicate originals of all such insurance policies and renewals shall be delivered by insurers (at least 30 days prior to the renewal in case of each renewal) to the Board of Directors and to any Insurance Trustee. 19 (b) Premiums. No Unit Owner shall do or permit any act which would void or impair the coverage afforded by said policies or would result in an increase in the premium therefor, and any Unit Owner not complying therewith shall be liable to the Association for the amount of any such increase. (c) Notice of Violation. If the insurance required by Article 13:1 of this Declaration is not maintained at any time, the Association shall promptly give each Unit Owner written notice of that fact. 13:4 Condemnation: (a) Disposition. The disposition of the Allocated Interest of a Unit acquired in whole or in part by the power of or a power in the nature of eminent domain and the consequences of certain such acquisitions of part of a Unit or of part of the Common Facilities shall be as provided in Section 5107 of the Act. (b) Notice. Whenever any proceedings are instituted ?x•hich could result in the temporary or permanent taking, injury or destruction of all or part of the Common Facilities, by the power of or a power in the nature of eminent domain or by an action or deed in lieu of condemnation, the Board of Directors and each Unit Owner shall be entitled to notice thereof and the Board of Directors shall, and each Unit Owner at his expense may, participate in such proceedings. In any such proceedings, damages shall be determined for such taking, injury or destruction as a whole and not for each Unit Owner's interest therein. ARTICLE XIV DECLARANT'S RIGHTS 14:1 Control: (a) The initial Board of Directors shall consist of three directors selected by the Declarant. (b) Not later than 60 days after the conveyance of 25% of the Units to Unit Owners other than Declarant, the Unit Owners other than Declarant shall elect one additional member of the Board of Directors who shall be an at-large director. (c) Not later than 60 days after the conveyance of 50% of the Units to Unit Owners other than Declarant, the Unit Owners other than Declarant shall elect one additional member of the Board of Directors who shall serve as an at-large director. (d) Not later than the earlier of five years after the date of the first conveyance oi'a Unit or 60 days after 75% of the Units are conveyed to Unit Owners other than Declarant, all members of the Board of Directors shall resign and the Unit Owners (including 20 Declarant, to the extent of Units owned by Declarant) shall elect a new three member Board of Directors at least the majority of whom must be Unit Owners. 14:2, I?pecial Declarant Rights: Anything in this Declaration or in the Bylaws to the contrary not``'?`?ith§Itanding, Declarant reserves certain rights (collectively, the "Special Declarant Rights"). in addition to any expressly contained in the Act, as follows: (,a) Declarant reserves the unrestricted right to sell any Units which it continues to own after the recording of this Declaration. i (b) Declarant shall have the right to maintain within the Planned Community.. management offices and signs advertising sales of Units in the Planned Community. (c) Declarant reserves the unrestricted right, as it deems appropriate, to complete all improvements to the Common Facilities, if any, provided however, that the Declarant will endeavor not to interfere with the use of the any Unit in connection therewith. 14:4 Transfer of Deelarant's Rights: Declarant reserves the right to pursuant to Section 530 of the Act to transfer Declarant's rights. ARTICLE XV REAL ESTAT E TAXES 15:1 Real Estate Taxes: Real estate taxes are to be separately assessed to each 11init Owner for :is'or her Unitas provided for in Section 5105(b) of the Act. Until the Common Facilities are completed, Declarant is solely responsible for real estate taxes assessed against or allocable to the Common Facilities, if any. ARTICLE XVl MISCELLENEOUS 16: lnteruretation: The provisions of this Declaration shall be liberally con;trued in order to effectuate Declarant's desire to create a uniform plan for development and ope ration of a residential project. The headings preceding the various paragraphs of this Declaration are intended solely for the convenience of readers ofthis Declaration. 16: Severability: The provisions of' this Declaration shall be deemed independent and sev rable, and the invalidity or unenforceability of any provision or portion thereof shall not affect the ialidity or enforceability of any other provision or portion thereof unless such deletion shall desiroy the uniform plan for development and operation ofthe residential project uniform plan for dev :lopment and which this Declaration is intended to create. 21 16:3 1 valid? The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability, or effect of the remainder of' this Declaration and, in such event, all other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 16:4 aiver. No provision contained in this Declaration shall be deemed to have been abrc ated or waived by reason of any failure to enforce the same. irrespective of the number of violations or breaches which my occur. 16: 'ender. The use of the masculine gender in this Declaration shall be deemed to refer to t feminine gender, and the use of the singular shall be deemed to refer to the plural and vice Vera 1. whever the context so requires. 16: Binding Effect. The terms and provisions ofthis Declaration are binding on all Unit Ow ers (with the exception of the Declarant), their respective heirs.. administrators, executors, suc ssors and assigns. 16: I: Effective Date. This Declaration shall become effective when it together with the Pla s have been recorded with the Recorder of Deeds of Cumberland County. [N TNESS WHEREOF, the Declarant has caused its name to be signed to these presents on the /f av October 2007. AT-EST/WITNESS M URELAND FEDERAL, DELVEOPMEN'1, LI_C By: ou as R. Heineman, Manager CO?MONWEALTH OF PENNSYLVANIA } : SS. CO?JNTY OF CUMBERLAND i ON THIS, the --Y- day of October 2007, before me, the undersigned officer. per orally appeared Douglas R. Heineman, who acknowledged himself to be the Manager of :V Leland Federal Development Company, LLC, and that he has such Manager being authorized to so executed the foregoing instrument for the purposes therein contained by signing the name of ie corporation by himself as Manager. IN WITNESS WHEREOF, 1 hereunto set qi)i hand and official seal. _(SEAL) .Y SEXTON, Notary Public 22 Boro, Cwrtbwiww CoL,My *Gion Expires April Z6, 2011 • VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Stephen C artson AYA Veen y F. M son