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HomeMy WebLinkAbout12-5937IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINENTH JUDICIAL DISTRICT COMMON WEALTH OF PENNSYLVANIA, SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff, VS. SEAN PEARLMAN, deceased, his heirs, devisees and personal representatives and his, their or any of their successors in right, title and interest, THE ESTATE OFSEAN PEARLMAN, Defendants. NOTICE TO DEFEND -~ -•~ -~_ ('Tj ts' 1 ;.r~, --.~' ,~' ~.,r j ~. _K` w r°- :~:.. .~:- t::~ F~~~: rw rw.> N ~"T'1 N -~" -~ cn ,~ti ~`x~~.~ t._..: ~L~ k . ::~ _._; .~ ._ ~~t~? 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 pleading is served by entering a written appearance personally or by attorney, and filing with the Court, in writing, your defense 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. II' YOU DO NO'[' HAVE A LAWYER OR CANNOT AFFORD ONE, 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 REDUCED FEE OR NO FEI;. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17103 TELEPHONE: (717) 24-3166 HER~RInCeK•,F~E~IN~STEIN LLP ELLEN M. GOODMAN, ESQUIRE ~) Dated: September 20, 2012/ 103 ~S/° HF7682385v.1#15967/0005 ~~ /0~~~ ~~ a ~~063 A~ IN THE COURT OF' COMMON PLEAS OF' CUMBERLAND COUNTY NTNENTH JUDICIAL DISTRICT COMMONWEALTH OF 1'ENNSYLVANLA SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff, vs. SEAN PEARLMAN, deceased, his heirs, No. devisees and personal representatives and his, their or any of their successors in right, title and interest, TIIE ESTATE OFSEAN PEARLMAN, Defendants. CCMPL AINT TO FORECLOSE CONDOMINIUM LIEN ~- ~ 68 Pa.~'.S.A. ~ 3 X15 AND NOW comes the Plaintiff Sunguild Condominium Association, by and through the undersigned counsel, by way of Complaint in Foreclosure of Lien against the Defendant. Sean Pearlman. avers as follows: PARTIES ('he Plaintiff is Sunguild Condominium Association, aNon-Profit, Non-Stock Corporation formed under the business and corporation law of the Commonwealth of Pennsylvania with a registered office address at 1000 North Prince Street, Lancaster, :Pennsylvania 17601. Plaintiff Sunguild Condominium Association is the duly authorized Unit Owners" Association for the Sunguild Condominium located in Susquehanna "Township, Dauphin County, l iF 7682386e.1 # 15967/000~S Pennsylvania as defined in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3301 et seq (the "Association") More specifically, the Association is authorized to employ the powers delegated to Unit Owners' Associations stated in 68 Pa.C.S.A. § 3302, including, but not limited to the power to administer and operate certain common elements, and the power to enact rules and regulations for the governance of the community, and the power to levy assessments for common area expenses. 4. Defendant, Sean Pearlman, deceased, his heirs, devisees and personal representative and I~~is, their or any of their successors In right, title and interest and the Estate of Sean Pearlman is and at all. times material hereto remains the record title owner of the Sunguild Condominium Unit cun~~n:;nly known as 640 Geneva Drive, Unit 12, Upper Allen Township, Cumberland County, Pennsylvania, a un;t within the Sunguild Condominium Association. Sean Peariman, deceased, his heirs, devisees and personal representative and his, their or any of their successors in right, title and interest and the Estate of Sean Pearlman (the '`Estate"), and parties interested in the Estate are named as additional defendants (collectively the "Defendants") SUNGUILD CONDOMINIUM ASSOCIATION AND GOVERNING DOCUMEN"TS "the Sunguild Condominium Association exists for the purposes set forth in the Declaration recorded in the Office of the Recorder of Deeds of Cumberland County on May 4, 2005 2 HF 7682386v.1 #:15967/0005 under Instrument Number 2005032186 in 13ook 1722, page 4843. A true and correct copy of the Declaration (and Amendments thereto) is attached hereto and incorporated herein as Exhibit "A." 68 Pa.C.S. § 3302 and § 3314 permit an Association to make to levy and collect regular monthly assessments and special assessments for the maintenance of the common elements, and to levy expense assessments as to all units and as to individual units where the expense is caused by the negligence or misconduct of any unit owner. Article VII, Section 4 of the Code or Regulations provides that all such assessments shall constitute a personal liability :.i the Unit owner and shall be a charge and lien upon such Unit. A true and correct copy of the Code of Regulations is attached hereto and incorporated herein as Exhibit. ``13'". 9. 68 Pa.C.S. § 3315 provides that an Association has a lien on a unit for any assessment levied against it, including "fees, charges, late charges, fines and interest .and reasonable costs and expenses of the association, including legal fees, incurred in connection with collection of any sums due to the association by the unit owner or enforcement of the provisions of the declaration, bylaws, rules or regulations against the unit owner are enforceable as assessments under this section." 10. 68 Pa.C.S. § ?315 further provides that "[tJhe association's lien may be foreclosed in alike manner as a mortgage on real estate." 1 1. The Real Property is commonly known as 640 Geneva Drive, Unit. 12, Upper Allen "Township, Cumberland County, Pennsylvania, Cumberland County Parcel Number 42-24-0792-041. IIF','682386r.1 ~tt15967/0005 12. The real property t~ be foreclosed is commonly known as 640 Geneva Urive, Unit 12, Upper Allen Township, Cumberland County, Pennsylvania, and is more fully described in the deed attached hereto an.I incorporated herein as Exhibit "C''. DEFENDANTS FAILURE TO PAY ASSESSMENTS WHEN DUE 13. Plaintiff Sunguild Condominium Association makes assessments against the units in the Sunguild Condominium pursuant to its authority under 68 Pa.C.S. § 3314. la. I~he Defendants failed to make payment for the assessments as they became due. 15. "the Defendants' have not rnade a<<y payments since June 201. It is believed that the Defendants will coatinue to fail to make pay,~ients for assessments as they become due. 16. The following amounts are due as a lien for assessments against 640 Geneva Drive, Unit 12. Upper Allen "township, Cumberland County pursuant to 68 Pa.C.S. § 3315 and the Declaration of the Sunguild Condominium Association: Maintenance, Repairs, Late Fees and Interest $4,406.86 Accelerated Fees (October -December 2012) $ 582.00 Collection Admin Fee $ 150.00 Attorney Fees $ 2,161.50 Total Due $ 7,300.36 17. Accordingly, the Plaintiff, Sunguild Condominium Association demands judgment for the amounts due as provided, above„ which is incorporated herein by reference as if set forth at length. 4 }{t~ 7682386vJ # 15967/0005 WHEREFORE, the Plaintiff, Sunguild Condominium Association respectfully requests that this Honorable Court enter judgment of Lien Foreclosure against the real property above described in the amo~mt of Fifty Thousand ($50,000.00) Dollars, together with continuing interest, continuing late charges, attorney's fees, costs. and such other relief as this Honorable Court should deem equitable and just. Dated: ~~~ ~~ ~~ Respectfully Submitted, Herrick, Feinstein LLP I::II~;n M. Goodman, Esquire Supreme Court LD. No. 306608 Attorneys.for Plaintiff 210 Carnegie Center Princeton, New Jersey 08540 tel. (609) 452-3800 fax. (609) 520-9095 i- 7682386v. l # 1596"7/0005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINENTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff, vs. SEAN PEARLMAN, deceased, his heirs, No. devisees and personal representatives and his, their or any of their successors in right, title and interest, THE ESTATE OFSEAN PEARLMAN, Defendants. VERIFICATION I, Suzanne Crowley, authorized representative of Sunguild Condominium Association, the Plaintiff in this matter, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa.G.S. § 4904 relating to unsworn falsification to authorities. Dated: ~ 07 ~ 1 CROWLEY HF 7682386v.1 #1 596 71000 5 E X H I B I T A 12/3j 79 DECLARATION FOR SUNGUILD CONDOMINIUbI ~dIATTERSET ONE A5SOCIATES, a Pennsylvania Limited Partnership with offices located at 301 South Allen Street, State College, Centre County, Pennsylvania, (sometimes hereinaf ter referred to as the "SPONSOR") does hereby declare: ~,RTICLE I. SUBMISSION OF PROPERTY 9 3 ~ '~ This Declaration is made in accordance with the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196} for the purposes of submitting to the provisions of the Unit Property Act the property described in Article III below. This Declaration for Sunguild Condominium is to be filed for record at the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania. ARTICLE II. DEFINITIONS The following wards or phrases when used in this Declaration shall have the meanings ascribed to them in this section, unless the con- text of the Unit Property Act clearly indicates or requires other- wise: (1) ASSESSMENTS shall mean and refer to those amounts levied b-y tT~e Council, in accordance with Sections 700.102(x), 700.311, 700.702 and 700.703 of the Unit Property Act, against the units and payable by the Unit Owners pursuant to authority granted in the Unit Property Act, this Declaration and the Code of Regulations, in order to enable it adequately to operate, maintain, repair, improve and reconstruct the Condominium Property or otherwise to further the aims of the Condominium. Common Charges, Special Assessments and fines are all types of Assessments. Assessments shall be a lien against each unit which may be perfected as provided by law . (2) BUILDING means any single or multi-unit structure or struc- tures or complex thereof, whether in vertical or horizontal arrangement, as well as other improvements comprising a part of the Condominium Property and used, or intended for use, for residential or other lawful purpose ar for any combination of such lawful uses. Page 2 ARTICLE II. DEFINITIONS CONT. (3) CODE OF REGULATIONS means such governing regulations as are adopted pursuant to the Unit Property Act for the regula- tion and management of the Condominium Property including such amendments thereof as may be adopted from time to time. The initial Code of Regulations for the Condominium is filed simultaneously herewith. (4) COMMON CHARGES refers to those annual assessments levied, in accordance with Sections 700.102(4},, 700.311, 700.702 and 700.703 the Unit Property Act, against the units and payable by the Unit Owners in monthly installments in order to defray the Common Expenses and established operating and capital replacement or improvement reserves. (5 ) COMNION ELEMENTS, GENERAL COMMON ELEMENTS, COMbION AREAS OR COP~IMON FACILITIES means and includes the follow~.ng (i) the land on which the Buildings are located and all portions of any Building which are not included in any unit; and (ii) the foundations, structural parts, supports, walls, roofs, storage rooms, furnaces; and (iii) The swimming pool (need not be built), tennis courts, yards, parking areas, and other recreational facilities, driveways and private streets; and (iv} portions of the land and Buildings used exclusively for the management, operation or maintenance of the Common Elements; and (v) installations of all central services and utilities not specifically included in the units; and (vi) all apparatus and installation existing for common use; and (vii) All other elements of any Building necessary or con- venient to its existence, management, operation, maintenance and safety ar normally in common use; and (viii} such other facilities as are designated in this Declaration as Common Elements. {6) LIMITED COMMON ELEMENTS, AREAS AND FACILITIES means and in- cludes those portions of the Common Elements, Areas and Facilities designated in this Declaration as reserved for the use of a certain unit or units to the exclusion of other units as further defined in Article IV (2) (i) below. Page 3 ARTICLE II. DEFINITIONS CONT . (7) COMMON EXPENSES means and includes: z) expenses of administration, management, operation, in- surance, taxes, assessments, utilities, maintenance, repair or replacement of the Common Elements. v~ater and heating oiI supplied to and trash or refuse collection services pro- vided to all units in the Condominium shall be a Common Ex- pense. Each residential unit is separately metered for electricity and each Unit Owner shall be responsible to pay his own electrical charges based on the meter charge to the individual unit. Provided, however, that the costs of fuel ail and the central heating equipment maintenance, repair and replacement expense for Unit Owners in Build- ings 1 through 5 shall be a Common Expense allocated only to such Unit Owners in proportion to their original per- tentage of individual interest herein,-regardless of any subsequent changes thereto; further provided, that such fuel oil and central heating expenses for buildings 6 through 10 shall not be Common Expenses, but the costs of and paid by individual Unit Owners thereof. Electricity, and other utility services furnished to or for the Common ' Elements shall be a Common Expense; (ii} expenses declared Common Expenses by the Unit Property Act or by this Declaration or by the Code of Regulations; {iii) expenses agreed upon as Common Expenses by the Coun- cil and lawfully assessed against the Unit Owners in accord- ance with the Code of Regulations ; (iv} expenses necessary for the ownership and maintenance of a unit used for housing a superintendent or manager and his family as hereinaf ter permitted, including but not limited to interest and principal obligations under any mortgage placed on such unit all utility charges or assess- ments (heating oil, water and electricity} repairs and main- tenance of the unit, replacement of any component of such unit when necessary, all Common Charges or Assessments and all real estate or other taxes and assessments which are or may be levied thereon from time to time. (v) expenses of management and administration of the Condo- minium by the Council, including without limitation, com- pensation of all employees, managers, accountants, attor- neys and other personnel hired by the Council whether as employees, independent contractors or otherwise. (8} COMMON PROFITS means the balance at the end of each fiscal year, of all Common Charges and Assessments collected from the Unit Owners and all income, rents, profits and revenues fram the Common Elements remaining after the deduction of all Common Expenses far such period. Any rental or concession income received for the use of Common Elements shall be used by the Council to reduce and defray Common Expenses and Page 4 ARTICLE II. CONT. DEFINITIONS (8)(cont.)sha11 be included in the Common Profits. Any net proceeds from the sale yr lease of a unit purchased for use of a superintendent or manager and his family shall be added to the Common Revenue. (9) CONDOMINIUM, for the purpose of this Declaration, means the housing development located on the Property in which indi- vidual units are owned by individual Unit Owners in fee simple with each Unit Owner being entitled to the exclusive ownership and possession of his unit, to an exclusive ease- ment for the use of the Limited Common Elements appurtenant to his unit, and to any undivided interest in the Common Elements of the whole project and property which is the subject of this Declaration. (10) CONDOMINIUM DOCUMENTS or DOCUMENTS means the Declaration, Declaration Plan and Code of Regulations as defined herein. (11) COUNCIL means a board of natural individuals of the number stated in the Code of Regulations, who are residents of the Commonwealth of Pennsylvania and who need not be Onit Owners. The Council shall manage the business, operation and affairs of the Condominium, on behalf of the Unit Owners, in compliance with and subject to the provisions of the Unit Property Act, this Declaration and the Code of Regulations. The Council may take title to real or personal property as Agent, Nominee or Trustee far the Condominium. (12) DECLARATION means this instrument, and all exhibits and amend- ments hereto, by which the Property is submitted to the provisions of the Unit Property Act. (13) DECLARATION PLAN means a plan of the Property prepared in accordance with Section 402 of the Unit Property Act. (14) MAJORITX or MAJORITY OF THE UNIT OWNERS means the owners of more than fifty percent ( 50~ } in the aggregate interest of the undivided ownership of the Common Elements as speci- fied in the Declaration. (15) PERSON means a natural individual, corporation, partnership, association, trustee ar other legal entity. { 16 ) PROPERTY or CONDOMIPIIU~1 PROPERTY means and includes the land , t e Building, all improvements thereon, all owned in fee simple, and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of the Unit Property act hereunder, as fur- ther defined in Article III below. {17) SPONSOR or DECLARANT shall mean ;dinterset One Associates, a PENNSYLVANIA LTt4ITED PARTNERSHIP. Page 5 ARTICLE TI. DEFINITIONS CONT. (18) UNIT or CONDOMINIUM UNIT means any part of the Property de- signated ar intended far independent residential use, which has a direct exit to a public street or way, or to a Common Element or Common Elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the Common Elements which is assigned thereto in this Declaration ar the Declaration Plan, as the same may be amended from time to time. Unless otherwise specified, the term "Unit" when used in this Declaration or in the Code of Regulations shall refer to the Residential Units as designated on the Declaration Plan referred to in Article III below, as the same may be amended from time to time. The Residential Units are generally identified on Schedule "B" hereto. Each unit shall constitute a single freehold estate, consisting of the space bounded and described in accordance with the provisions of Article IV below. (19) UNIT DESIGNATION means the number, leti_er or combination thereof designating a unit in the Declaration Plan. (20) UNIT OWNER ar OWNER Weans the person or persons owning a un~.t x.n fee simple. Title to units may be taken in the names of an individual, or in the names oz two or more per- sons as tenants in common or as joint tenants with right of survivorship, or in the name of a corporation or part- nership, or in the name of a fiduciary, or in any manner per- mitted under the laws of the Commonwealth of Pennsylvania. (21) UNIT PROPERTY ACT means the Unit Property Act of the Com- monwealth of Pennsylvania, Act of July 3, 1963, P.L. 196, as amended from time to time, and any successor laws govern- ing condominium property which substantially repeal the Act of July 3, 1963, P.L. 196 or its successors. ARTICLE III. DESCRIPTION OF PROPERTY The Property owned by the SPONSOR, which is hereby submitted to the Condominium form of ownership under the provisions of the Unit Pro- perty Act, is the land described in Schedule "A" attached hereto and made a part hereof, together with all existing and future improve- ments thereon and appurtenances thereto. Declarant intends, but shall not be obligated to construct buildings 6-10. ARTICLE IV. DECLARATION PLAN (1) The Property includes BO existing residential dwelling units (9uildings 1 through 5), together with Common Elements as shown on a Declaration Plan for Sunguild dated and prepared by Harlin J. Wall, Architect. The Property Page 6 ARTICLE IV. DECLARATION PLAN CONT. (1)(cont.) also includes 80 future residential dwelling units (Build- ings 1 through 6) as shown on the Declaration Plan. The Declaration Plan will be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania sim- ultaneously with this Declaration and is incorporated herein by reference. {2) (i) Each respective unit shall include only the area with- in the boundary lines as described in this Article, Para- graph {ii) hereinbelow and as specifically delineated on the plan referred to in sub-paragraph (1) of this Article. Any adjacent or connecting balcony, patio ar air condition- ing unit and related equipment and the storage area assigned to each unit, shall be a Limited Common Element and the owner of the connecting or assigned unit shall have an ex- clusive easement for the private use thereof; the mainten- ance thereof shall be borne as provided in this Declara- tion and the Code of Regulations. (ii) The exterior boundary lines of each unit are the inter- ior unfinished surfaces of the ceiling or roof, floors, peri- meter walls including, but not limited to, the ceilings, floors and perimeter walls of access stairways and entry ways and interior load, bearing walls and beams, windows and doors thereof, projected, if necessary, by reason of structural divisions such as interior walls, floors, ceilings and other partitions, as may be necessary to form a complete enclosure of space with respect to such Unit (the layout and dimensions of each unit being shown on the plan) and including, without limitation, all space occu- pied by any Common Elements located within pipes appurtenant to such unit, together with the decorated surfaces, the and any other finishing material applied to interior walls, doors, floors and ceilings and interior surfaces of peri- meter walls, windows, doors, floors and ceilings. (iii) The interior partitions or walls within the confines or boundary lines of each unit are approximately placed in the Declaration Plan of the Condominium, recorded simultan- eously with the recording hereof in the office of the Re- corder of Deeds of Cumberland County, Pennsylvania. These interior partitions or walls may, from time to time, be re- moved or replaced subject to the approval of the Council; in the event a Unit Owner does remove or replace any or all interior partitions or walls, no amendment of the Declaration Flan will be necessary or required. ARTICLE V. DESCRIPTION OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS AND AREAS The Common Elements and Limited Common Elements consist of all those portions of the Property more particularly defined in Article II, Subsections (5) and (6) and as delineated in the Declaration Plan. Page 7 ARTICLE VI. PERCENTAGE OF UNDIVIDED INTEREST IN CO~IMON AREAS APPER- TAINING TO EACH UNIT AND ITS OWNER The percentage of the undivided interest in the Common Elements apper- taining to each unit is more particularly set forth in Schedule "2" annexed hereto. The total percentage of the undivided interests of all the units equals 100. Any units created in additional or con- vertible real estate will be substantially identical to the other units in the Condominium and the Common Element interests and Common Expense liabilities will be allocated to those units in accordance with the formulas (See Article herein) used for the initial allocations. ARTICLE VII. USES, PURPOSES AND RESTRICTIONS The Condominium Property ref erred to in this Declaration is subject to all covenants, restrictions and easements of record and to the following restrictions: (a) No unit or Common Element (except these units and offices owned by the Sponsor or Council on behalf of the Unit Owners and used by them as Sales Offices, Administra- tive Offices, i4odels, or storage facilities) shall be used for any purpose other than as a private residence for the use of one family consistent with the Declaration, Code of Regulations and Rules-and Regulations promulgated by the Council, or shall anything be done therein which may be a nuisance to the occupants of neighboring units. (b) The Sponsor shall have the irrevocable right to use any units awned by it, Common Elements, rooms, storage areas (except those assigned as Limited Common Elements) or offices for sales, administrative or management purposes until it has conveyed title to the last unsold unit owned by the Sponsor. This right shall not be subject to amend- ment or modification by the Unit Owners. The Council shall have the right to lease the Common Elements or units as such, subject to zoning laws and any other government regu- lations, upon terms and conditions as established by the Council. (c} Each Unit Owner shall be obligated to maintain his own unit and keep it in good order and repair, and to replace and repair all air conditioning equipment, and any land- scaping located on or within any balcony or patio located within or appurtenant to his Residential'Unit. (d) There shall be no obstruction of the Common Elements nor shall anything be stored in or on the Common Areas without the prior written consent of the Council or except as hereinafter expressly provided. No Owner or group of Owners shall build, plant ,• or maintain any matter or thing upon, over or under the Common Elements except with the ex- press permission of the Council in writing first had and Page 8 ARTICLE VII. USES) PURPOSES AND RESTRICTIONS CONT. (d)(cont.} obtained. No trash, garbage, refuse, debris or excess materials of any kind shall be placed on or about the Common Elements except in receptacles specifically desig- nated therefor. No one shall burn, chop, or cut anything on, over or above the Common Elements. Unit Owners shall not have any right to paint or otherwise decorate or change the appearance of any portion of the exterior of any build- ing. Each Unit Owner is responsible to report promptly to the Council any defect or need for repairs the responsibility for which is that of the Council. (e) Nothing shall be done or kept in any unit or the Common Elements which will increase the rate of insurance of any Building or the contents thereof, beyond the rates applicable for Residential Units, without prior written consent of the Council. No Unit Owner shall permit anything to be done or kept in his unit or in the Common Elements which will re- sult in the cancellation of insurance on any Building or the contents thereof, or which will be in violation of any law. (f} Unit Owners shall not cause or permit anything to be hung, painted or displayed on the outside of windows or doors or on the outside walls of any Building and no sign, awnings, canopy, shutter, CB, radio, television or other antenna shall be affixed or placed upon the exterior walls or roof of any Building without the prior written consent of the Council. (g} No animals, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any unit or in the Common Elements, except that dogs, cats or other house- hold pets, not to exceed one per unit, may be kept, subject to the rules and regulations to be adopted by the Council and provided they are not kept, bred or maintained for any com- mercial purposes. Any such pet causing or creating a nui- sance or unreasonable disturbance or noise or causing un- reasonable odor, shall be permanently removed from the Pro- perty upon three (3) days written notice from the Council. AlI household pets must be on a leash held by an adult when outside a unit and must be registered with the Council. N o pet may be tied or leashed to or on any Common Element, ex- cept when an adult holds the leash. All Unit Owners will be responsible for the prompt disposal of all pet litter. (h) No noxious or offensive activity shall be permitted in any unit or in or on the Common Elements nor shall any- thing be done therein either willfully or negligently which may be or become any annoyance or nuisance to the other Unit Owners or occupants. Page 9 ARTICLE VII. USES, PURPOSES AND RESTRICTIONS CONT. (i) Nothing shall be done to any unit or on or in the Common Elements which will impair the structural integrity of any Building or which will structurally change the Building. (j}• No clothes, sheets, blankets, laundry of any kind or any other articles shall be hung or exposed on any part of the Common Elements or Limited Common Elements. (k) No industry, business, trade, occupation or profession of any kind, be it commercial, religious, educational or otherwise, may be conducted, maintained or permitted on any part of the Property. No commercial vehicles of a size larger than a panel truck may be parked on any part of the Property, except those vehicles temporarily on the Property for purposes of servicing the Property itself ar one of the units. No boat trailers ar boats shall be parked overnight on ar about the Common Elements unless Council shall reserve a space therefor and designate such space for the Unit Holder. (1) All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction aver the Condo- minium shall be observed by each Unit :Holder and the Council. (m) Draperies, blinds or curtains showing solid neutral colors yr linings to the exterior must be installed by the Unit Owner on all windows of each unit and must be maintained in said windo~as at all times. {n) Each Unit Owner shall be entitled to share in any surplus accumulated by the Council and shall be liable for Common Expenses in the same percentage as the individual Unit Owner has in the undivided interest of the total Common Elements. (o) The Common Elements comprising the recreational facili- ties may be used for general recreational purposes by Unit Owners, their families, tenants and their guests. Ail per- sons using said facilities will abide by the rules and re- gulations as established from time to time by the Council. (p) The Common Elements shall be used only for the furnish- ing of the services and f acilities for which they are intended and which are incident to the use and occupancy of the units. (q) One unit may be purchased by the Council on behalf of all Unit Owners for the use and occupancy of a resident super- intendent or manager and his family, and the Council may ar- range for a mortgage thereon. Page 10 ARTICLE VII. USES, PURPOSES AND RESTRICTIONS CON T . ARTICLE VIII. (r) tdo automobile or other motor vehicle, including but not limited to motor bikes and motor cycles, shat 1 be parked on or about the Common Elements unless it has both a current vehicle license tag displayed and, if applicable, the appropriate inspection certificate or sticker displayed, all conforming to the laws of the State in which the vehicle shall be repaired, disassembled or stored in non-operating condition on the Common Elements without the prior written consent of the Council. (s) The responsibility for fireplace flues or vents shall be principally with the Unit Owner in which the fireplace is located, as more fully provided in the Code of Regula- tlon5. NAIrSE OF CONDOMI III UM The name by which the Condominium will be known henceforth is SUNGUILD. ARTICLE IX. THE COUNCIL The Council and the Sponsor appointed Council shall have all the powers and duties necessary for the administration of the affairs of the Con- dominium and may perform all acts and things as are not by statute or by this Declaration or the Code of Regulations directed to be exercised and done by the Unit Owners. The powers and duties of the Council shall include, but not be limited to, the following: (a) To provide for the operation, care, up-keep and main- tenance of the Condominium Property in a manner consistent with law and the provisions of this Declaration and the Code of Regulations. (b) To provide for the establishment and collect ion of Assessments and/or Common Charges from the Unit Owners and the Assessment and/or enforcement of liens therefor in a manner consistent with law and the provisions of the De- claration and the Code of Regulations. {c) To provide for the employment of personnel necessary to maintain, operate, renovate and improve the Condominium Property and the provision of services for the Condominium Property in the manner consistent with. law and the provisions of the Declaration and the Code of Regulations. (d} To provide for the promulgation and enforcement of such rules and regulations, restrictions or' requirements as may be deemed proper respecting the use, occupancy and main- tenance.of the Condominium Property, including the General Page 11 ARTICLE IX. CONT. THE COUNCIL {d)(cont.}and Limited Common Elements, all of whirh shall be consistent with law and the provisions of this Declaration and the Code of Regulations. (e) To take or to cause to be taken any and all other ac- tions which are required or permitted under the Unit Property Act, this Declaration and the Code of Regulations. ARTICLE X. PE RSONS TO RECEIVE SERVICE Any member of the Council is hereby designated to receive service of process in any action which may be brought against two or more Unit Owners or relating to the Common Elements and Facilities. ARTICLE XI. EASEMENTS {1} ENJOYMENT OF COMMON ELEMENTS. Every Unit Owner shall have a perpetual right and easement of enjoyment and ingress and egress in and to the unlimited Common Elements (as distin- quished from Limited Common Elements) and such easement shall be appurtenant to and shall pass with the title to every unit, subject to the following provisions: (a) the right of Council to limit the number of guests who may use the Common Elements and Facilities; and (b) the right of the Council to charge reasonable admission and other fees for the use of any recreational facilities situated upon the Common Elements or leased or otherwise pro- vided to the Council for the use and enjoyment of the Unit Owners; and (c) the right of the Council to suspend the right to the use of the recreational facilities by a Unit Owner for any period during which any Common Charge or Assessment against his unit remains unpaid, and for a period not to exceed thirty (30) days for any one infraction of the published rules and regulations relating to such facilities; and (d) Any owner may delegate, in accordance with this Declara- tion, his right of enjoyment to the Common Elements to the members of his family or tenants who reside in his unit. (2) ENCROACHMENTS AND SUPPORT. Each unit and the Common Elements s a be su sect to an easement for encroachments created by construction, settling and overhangs in the units or the Common Elements as constructed, repaired, renovated or im- proved.• A valid easement for said encroachments and for the maintenance of same, so long as they stand, shall and does Page 12 ARTICLE XI. EASEMENTS CONT. (2)(cont.)exist. In the event that any Building is partially or totally destroyed and then rebuilt, the Owners of the units so af- fected agree that minor encroachments of parts of the adja- cent units or Common Elements due to said encroachments and the maintenance thereof shall exist. Every portion of a unit contributing to the support of an abutting unit shall be burdened with an easement of support for the benefit of such abutting unit. Also, a valid easement shall and does exist in favor of each owner to make reasonable use, not inconsis- tent with the terms of this~Declaration, of the exterior wall of any adjoining unit where the outer unfinished surface of such wall shall serve and separate any portion of such Owner's unit or Limited Common Element appertaining thereto and such adjoining unit notwithstanding the inclusion of such wall within the vertical boundaries of such adjoining unit. (3} UTILITIES, etc.. There is hereby granted a blanket easement upon, across, over and under all of the Property for ingress, egress, installation, replacing, repairing and maintaining a master television antenna system and all utilities includ- ing, but not limited to, water, sanitary and storm se*sers, gas, telephone, electricity and heating oil lines and drains. By virtue'of this easement, it shall be expressly permissible for the providing utility company or other responsible party to erect and maintain the necessary pales and other necessary equipment on the Property and to affix and maintain utility wires, circuits, conduits and pipes, on, above, across and under the roofs, flooring, basements, patios and exterior walls of the units, and as to fireplace flues, through the units. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said Property except those utilities initially programmed and those utilities necessary for the development of Phase II as set forth on the plans therefor, as such plans may be modified from time to time, and approved by the Declarant or hereaf ter approved by the Council, provided in no event shall any such future easements interfere with the use and enjoyment of any unit, except as specifically shown for Phase II. Should any utility furnishing a service covered by the general easement herein provided ar should the Declarant request a specific easement bey separate record- able document, the Council shall have the right to grant such easement on the Property without conflicting with the terms hereof. The easements provided for in this Article shall not impair any other recorded easement on the Property. (a) THE COMMON ELEMENTS shall be, and are ;hereby made subject to, an easement zn favor of the Unit Owners and their in- vitees, tenants and servants, the Council and the agents Page 13 ARTICLE XI. EASEMENTS CONT. (4){cont.)and employees of the Council (i) for pedestrian traffic on, over, through and across sidewalks as the same may from time to time exist, and the Building entrance halls, corridors, lobbys and Common stairwells, and {ii) for pedestrian and ve- hicular traffic on, over, through and across such portions of the Common Elements as may be from time to time paved and intended for such purposes. (5) THE COMMON ELEPIENTS shall be and are hereby made subject to the following easements {in addition to any other easement set forth in this Declaration} in favor of the unit or units benefitted thereby: ? (i) For the installation, repair, maintenance, use, removal and/or replacement of overhead lighting fixtures, electrical receptacles and the like which are located in a portion of the ceiling or wall adjacent to a unit which is part of the Common Elements; provided, that the installation, repair, maintenance, use, removal or replacement of such fixtures, receptacles and the like will not unreasonably interfere with any part of the Common Elements or impair or structurally weaken a portion of the Buildings; and (ii) For the installation, repair, maintenance, use, removal and/or replacement of any recessed medical cabinet in the bathroom of a unit in the event that a part of such cabinet located in the portion of a wall. (iii) For driving and removing nails, screws, and bolts from the unit side surface of the walls of a unit into the portion of such walls which are part of the Common Elements; provided, that such action will not unreasonably interfere with the use of any part of the Common Elements or impair or structurally weaken the Buildings. (iv) Any easements or restrictions otherwise of record. (6) THE UNITS shall be and are hereby made subject to the following easements: (i) In favor of the Council or its designee for inspection of the units for the purpose of verifying of performance by Unit Owners of all items of maintenance and repair for which they are responsible, far inspection of the condition of the Common Elements situated in or accessible from such unit, for correction of emergency conditions in each unit or casualties to such Common Elements and/or unit, for re- pairing, replacing and improving Common Elements therein or elsewhere in the Buildings, to abate any violation of law, orders, rules or regulations of any governmental authorities Page 14 ARTICLE XI. EASEMENTS CONT. (6)(i){cont.}having jurisdiction, to correct any condition which vio- lates the provisions of any mortgage and for such other pur- pose as may be reasonably required to carry out its duties, it being understood and agreed that the Cauncil and its agents shall take reasonable steps to minimize any interference with a Unit Owner's use of his unit resulting from the Council's exercise of the foregoing rights pursuant to this Section or any other provision of this Declaration; and {ii) In favor of the Common Elements installation, repair, maintenance, us placement of pipes, ducts, electrical flues and all other utility lines and part of the Common Elements and which a portion of a unit or units; and benefited, for the e, removal and/or re- wiring, fireplace conduits which are pass across or through (iii) There is hereby granted a blanket easement to the Council or its officers, agents and employees, to any Manager employed by or on behalf of the Council and to all policemen, firemen, ambulance personnel and all other simi- lar persons to enter upon the Property or any part thereof in the proper performance of their respective duties and for repair and maintenance of Common elements, including the Limited Common elements. Except in the event of emer- gencies, the rights accompanying the easements provided for in this paragraph shall be exercised only during reasonable daylight hours and then, whenever practicable, only alter ad- vance notice to and with the permission of the Owner or Owners directly affected thereby. (7) If a unit or units shall encroach upon any Common Element or upon any other unit by reason of original construction or a cause other than the purposeful or negligent act or omission of the unit owner, then an easement appurtenant to such encroaching unit, to the extent of such encroachment, shall exist for so long as such encroachment shall exist. If any Common Element shall encroach upon any unit by reason of original construction or a cause other than the purposeful or negligent act or omission of the Council, then an easement appurtenant to such Common Elements, to the extent of such encroachment, sha31 exist for so long as such encroachment shall exist. In the event the Building is partially or totally destroyed, and then rebuilt, encroachment upon the Common Elements and/or units, as and to the extent described above, shall be permitted, and a valid ease.~nent for said encroach- ments and the maintenance thereof shall exist for so long as such encroachment continues to exist. (8) Any easements or restrictions otherwise of record. Page 15 ARTICLE XI. EASEMENTS CONT. {9} All easements and rights described and mentioned in this Declaration are easements appurtenant, running with the land, units and Common Elements, perpetually in full force and effect, and at all times shall inure to the benefit of and be binding upon Declarant, its successors and assigns, the Coun- cil, any Unit Owner, purchaser, mortgagee and any other per- son having interest in said land, units, Common Elements or any portion thereof. ARTICLE XII. PIPE5, DUCTS, CABLES, 4~1IRES, CONDUITS, PUBLIC UTILITY LINES AND OTHER COMMON ELEMENTS LOCATED INSIDE OF UNITS Each Unit Owner shall have an easement in common with the Owners of all other units to use all pipes, wires, ducts, cables, conduits, pub- lic utility lines, fireplace flues and other Common elements located in any of the other units and serving his unit. Each unit shall be sub- ject to an easement in favor of the Owners of all other units to usE the pipes, ducts, cables, wires, conduits, fireplace flues, public utility lines and other Common Elements serving such other unit and located in such unit. The Council shall have the right of access to each unit and to inspect same to remove any violations as set forth in this Declaration or Code of Regulations as from time to time in effect and to maintain, repair or replace the Common Elements contained there- in or elsewhere in the Buildings. ARTICLE XIII. POWER OF ATTORNEY By acceptance of a deed to any unit or by the acceptance of any other legal or equitable interest in the Condominium or any unit therein, each and every contract purchaser, Unit Owner or occupant, or holder of any mortgage or other lien, does automatically and irrevocably name, con- stitute, appoint and confirm (i) Sponsor, its successors and assigns, as attorney-in-fact for the purpose of executing such amended Declara- tion(s) and other instrument(s) as are permitted pursuant to the Unit Property Act, this Declaration, the Code of Regulations or the purchase agreement for a unit, provided that the Sponsor shall retain this power of attorney only until the last unit owned by Sponsor is sold, and {ii) the members of the Council, provided that a majority of the members of Council then holding office join in such act, as attorney- in-fact to do the following: (1) Acquire title to or lease any unit or interest therein whose owner desires to surrender, sell, lease or other- wise, an behalf of all Unit Owners and to convey, sell, lease, mortgage (but not to vote the votes appurtenant thereto) or otherwise deal, with any units so acquired or to sublease any units so leased by the Council. Page 16 ARTICLE XIII. POWER OF ATTORNEY CONT . (2) Purchase one unit for the use and occupancy of a resident superintendent ar manager of the premises and his family, and arrange for a mortgage thereon. The Council may, upon vote of the majority of Unit Owners, convey, sell or lease such unit and any net proceeds therefrom shall be common revenue. The Council may not vote the votes appurtenant to this unit. (3) Lease the recreational facilities, subject to zoning laws or other government regulations which may apply upon teems and conditions as established by the Council. (4) To appeal, contest or otherwise seek a reduction in the other assessments, or other charges, levied or imposed by any governmental or quasi-public authority, including public utilities, against any or all of the units or the Common Elements and to employ such appraisers, legal counsel or other firms or personnel as the Council may deem necessary or appropriate to accomplish the foregoing. (5) Execute easements, rights-of-way ar other similar agreements. The Powers of Attorney aforesaid are expressly declared and acknow- ledged to be coupled with an interest in the subject matter hereof and the same shall run with the title to any and all units and be binding upon the heirs, personal representatives, successors, and assigns of any of the foregoing parties. Further, said Powers of Attorney shall not be affected by the death or disability of any prin- cipal and are intended to deliver all right, title and interest of the principal in and to said Powers. ARTICLE XIV. UNITS SUBJECT TO DECLARATION, CODE OF REGULATIONS All present and future Owners, tenants and occupants of units shall be subject to and shall comply with the provisions of this Declaration and Cade of Regulations and as they may be amended from time to time. The acceptance of a Deed or conveyance or entering into a lease or the entering into occupancy of any unit shall constitute agreement that the provisions of this Declaration and Code of Regulations, as they may be amended from time to time, are accepted and ratified by such Owner, tenant or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such unit as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. Page 17 ARTICLE XV. CHANGE OF PERCENTAGE The proportionate undivided interest in the Common Elements may be altered only by the recording of an amendment duly executed by all the Unit Owners affected thereby; provided that, notwithstanding any other provision of this Declaration, if the Sponsor does not construct some part of the future units shown on the Declaration Plan with- in seven {7} years from the date hereby, then by amendment duly re- corded by the Sponsor, without joinder of any Unit Owner, the propor- tionate undivided interest of each Unit Owner in the Common Elements shall be decreased to a percentage equal to the net square feet in the unit owned by such Unit Owner divided by the net square feet in all units then constructed. Such amendment shall have attached thereto a chart showing the percentage interest in the Common Elements of each Unit Owner as finally determined. This right shall not be exhausted by one exercise thereof, and may be exercised on more than one occasion as determined during said seven (7} year period by the Sponsor. ARTICLE XVI. A,~IENDMENT OF DECLARATION Subject to the provisions of Article XIX (3) hereof, this Declara- tion may be amended by the affirmative vote of the Owners of at least 5l~ in interest of the Common Elements so long as the Sponsor is the owner of one or more units. At such time as the Sponsor is no longer the owner of one or more units, it is specifically provided that this Declaration may only be smended by the vote of the owners of at least 56-2/3~ of the interest in the Common Elements cast in person or by proxy at a meeting duly held in accordance with the provisions of the Code of Regulations. No such amendment shall be effective until recorded in the Recorder's Office of Cumberland County, Pennsylvania, and no such amendment shall alter or change the provisions of Article XVI. The Council shall execute and record such amendment on behalf of the Unit Owners. ARTICLE XVII. LIABILITY Neither Sponsor appointed Council, nor any subsidiary or affiliate of Sponsor, nor any employee, agent, successor or assign oz" Sponsor, or any such subsidiary or affiliate, shall be liable for any claim or damage whatsoever arising out of or by reason of any actions performed pursuant to or in accordance with the authority granted or delegated to them or any of them by or pursuant to this Declaration or Code of Regulations. ARTICLE XVIII. t40RTGAGES (a) A Unit Owner may not voluntarily encumber or subject his unit to any lien, other than the lien of (i) a first Page 18 ARTICLE XVIII. MORTGAGES CONT. (a)(cont.) mortgage to a bank, trust company, bank and trus t company, savings bank, savings and loan association, building and Loan association, insurance company, pension fund or like institutional investor, any of which are sometimes referred tows a mortgage company, or {ii} a purchase money mortgage to the Sponsor, or (iii) a purchase money mortgag a to the seller of a unit (any of such mortgages being sometimes re- ferred to herein as "Permitted Mortgagees°). In any event, such mortgage and the obligation secured thereby shall pro- vide that the mortgage and the rights and obligations of the parties thereto shall be subject to the terms and conditions of the Act, this Declaration, the Code of Regulations and the Rules and Regulations, and, specifically but without limitation, that the mortgagee shall have no righ t {a) to participate in the adjustment of losses with insurers or in the decision as to whether or not or how to repair or restore damage to or destruction of the Property, (b) to receive or apply the proceeds of insurance to the reduction of the mortgage debt or otherwise, except in the event and to the extent of a distribution thereof to Unit Owners pur- suant to Section 802 of the Act or of insurance proceeds being received in excess of the cost of repair or restora- tion or (c} to accelerate the mortgage debt or to have any other remedies by virtue of waste or alleged waste or other conditions occurring anywhere on the Property other than within the affected unit, and the obligation secured shall be prepayable, without penalty, upon the happening of any termination as aforesaid. (b) No Unit Owner or prospective purchaser of a unit shall deliver any mortgage, or any obligation to be secured there- by, unless it has first notified the Council of the name and address of the proposed mortgagee and of the amount of the debt proposed to be so secured. w~ en a Permitted Mort- gage is delivered to the mortgagee, the ~Jnit Owner shall simultaneously provide executed or conformed copies to the Council. The Secretary shall maintain a register of Per- mitted Mortgages, showing the name and address of the mort- gagee and the amount secured thereby. The holders of Per- mitted Mortgages, including holders of Permitted Mortgages ref erred to in Article XVIII (c) hereof, shall be entitled on written request to receive from Council a written statement of any delinquent assessments and of any other defaults by the Unit Owner, copies of any notices of de- fault sent to the Unit owner and copies of budgets and financial reports sent to the Unit Owner. Permitted i+lort- gagees shall be permitted to examine the books of account of Council during regular business hours at Council's Office. Page 19 ARTICLE XVIII. MORTGAGES CONT . (c) The Property upon which future units are to be con- structed and an appropriate undivided percentage of the Common Elements will be subject to the first lien of a con- struction mortgage with a Mortgage Company as mortgagee, and all of the Property is presently subject to a mortgage in favor of Cambria Savings and Loan Association, and for all purposes hereunder, such mortgages and any modifications thereof that may be required from time to time by the holder thereof, shall be deemed a Permitted Mortgage against the unit or units not released from the lien of such mortgage. (d) For purposes of this Declaration, the Declarant shall be deemed to include, in addition to the owner ar owners submitting the Property to the Unit Property Act, the in- stitutional lender providing the mortgage financing far the units, in the event such lender shall acquire title to any of the units owned by Declarant pursuant to deed in lieu of of foreclosure or any judicial sale under such mortgage or the accompanying obligation. ARTICLE XIX. PROVISIONS PE RTATNING TO DECLARANT Notwithstanding any other provisions herein or in the Code of Regula- tions for so long as Declarant continues to own any of the units, the following provisions shall be deemed to be in full force and ef- fect, none of which shall be construed so as to relieve Declarant from any obligations of a Unit Owner to pay Assessments as to each unit owned by Declarant in accordance with the Condominium Documents after the construction of the unit has been completed. (1} Declarant shall have the right at any time to sell, trans- fer, lease, re-Iet, subdivide or combine, any units which Declarant continues to awn of ter this Declaration has been recorded, without regard to any restrictions relating to sale, transfer, lease, form of lease, subdivision or com- bination of units contained herein ar :in the Code of Regu- lations, and without the consent or approval of the Council or any other Unit Owner being required. (2) Declarant does not make, and specifically disclaims any intent to have made, any warranty or representation in con- nection with any unit, the Common Elements, the Property or the Condominium Documents except as specifically set forth herein or in any agreement, of sale far a unit, and no person shall rely upon any warranty or representation not so specifically made therein. (3) No amendment may be made to the Condominium Documents with- out the written consent of Declarant so long as Declarant retains the ownership of ten or more units. Page 20 ARTICLE XIX. PROVISIONS PERTAINING TO DECLARANT CONT . {4) The Declarant shall have the right to transact on the Property any business necessary to consummate the sale of leasing of units, including, but not limited to, the right to maintain models, display signs, employees in the office and to use the Common Elements. (5) During the period of time in which the Building and units are under construction by the Declarant and not completed, no assessments for Common Expenses shall be made against the Declarant as the owner of units which have not been completed until the completion thereof, and certificates of occupancy granted, and the Common Expenses shall be assessed agains t the Unit Owners (including the Declarant} of those units which shall have been completed in the proportions which their re- spective percentage of undivided interest in the Common Elements bear to each other, inter se. (o} The Declarant hereby reserves unto itself the right to make changes in the Declaration Plan, as filed, for future units not constructed on the date of the Declaration Plan is filed, including the right to reduce the number of units to be constructed; provided, however, that in all events the future units will be substantially comparable to the units constructed when this Declaration is filed. ARTICLE XX. INVALIDITY The invalidity oz" any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or ef- fect of the remainder of this Declaration and, in such event, all of the other provisions of this Declaration shall continue in full farce and effect as if such invalid provision had never been included herein. ARTICLE XXI. WAIVER ~7o provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE XXII. GENDER fihe use of the masculine gender in this Declaration shall be deemed to refer to the feminine gender and the use of the singular shall be deemed to refer to the plural and vice versa, whenever the context so requires. Page 21 ARTICLE XXIII. FIRST MEETING OF COUNCIL The names of the first members of the Council are: 1. Kenneth F. Barber 2. Harlin ~. Wall 3. lake Wall ARTICLE XXIV. REMOVAL (a) The Property may be removed from provisions of the Unit Praperty Act by a revocation executed by all of the Unit Owners and by the holders of all mortgages, judgments or other liens affecting the units, duly recorded in accord- ance with the provisions of the Unit Property Act, in addi- tion to the removal provisions elsewhere herein set forth or provided by law. (b) When the Property subject to the provisions of the Unit Property Act has been removed as provided in (a) of this Article, the former Unit Owners shall, at the time that such removal becomes effective, become tenants in common of the Property. The undivided interest in the Praperty owned in common which shall appertain to each Unit Owner at the time of removal shall be the percentage of undivided interest previously owned by such person the Common Elements. IN WITNESS WEiEREOF, the undersigned has hereunto caused its signature and seal to be affixed hereto this ~ Tt day of ~L~--r , 1979. ATTEST: WINTERSET ONE ASSOCIATES By i,~ General Partner, Leis a Li~e.,~ Ir ~ __ - F~. ~4~t Secretary \\ 'c President (SEAL} COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF 1-~ I hereby certify that on this ~a day of ~G~<-r.'rn`Y,~J, 1979, before me_, the undersigned officer, personally appeared >I ~ / /) ~ ~u ~ ( - ~ who acknowledged himself to be the Vice President of Leisure Life, Inc., a Pennsylvania corporation, the General Partner of Winterset One Associates, and who as such Vice President, being authorized to do so, executed the foregoing instru- ment for the purposes therein contained as the act and deed of Winterset One Associates. IN WITNESS WHEREOF, I hereto set my hand and official seal. 1ACQUELINE J. 8t]1'~SER. VOTARY PUBLIC STATE COLLEGE BORI). CEPITRE COUNTf ~ ,_~/~1~,Q~~.J MY C0MMI5510N EXPIRES OCi. 3, 1963 t a Pub 1 i c /,1 Member, Pennsylvania Association of Notaries (/ My Commission Expires: Jt~CQUELINE J. EO';~:_;~. ;;0?„PY PUFUC ~ S$AL) STATE COLLEGE BGRC, CEiJi7E C0Uf1?'i MY CtlblAtISSION EXPIRES GC.. 3. 1533 Member. Pennsyhama ~Issenai:n ~t Natzn~s JOINDER OF MORTGAGEE Cambria Savings and Loan Association of Johnstown, Cambria County, Pennsylvania, mortgagee of the property made subject to the Sunguild Condominium, join in the foregoing instrument for the pur- pose of evidencing its consent to and rendering its interest as mort- gagee subject to and governed by the provisions thereof. CAMBRIA SAVINGS AND LOAN ASSOCIATION ..~~~ ~`- By, ~i .f'Vi~e} President COMMONWEALTH OF PENNSYLVANIA ) . } SS: COUNTY OF CAMBRIA ) T~ / 0n this, the ~ day of ,~~G~-.»~..,/ ~..c~ 197 9 , before me, a notary public, the undersigned officer, personally appeared i .: -~r`~/ /~ ~'~~~ , wha acknowledged himself to be Vice President of CAMBRIA SAVINGS AND LOAN ASSOCIATION, a Pennsylvania savings and loan association, and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the association by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. i '._,:- Not Public ' My Commission Expires: }:AP.EN 1. 11.ARTIN, Notary Public ( SEAL ) h:~a;ic.:n, C.-grit Co. Pa. f11y Ccr~rr.;ssicn Expires June 21, 1982 SCHEDULE "A" TO THE SUNGUILD CONDOMINIUM DECLARATION ALL THAT CERTAIN tract or piece of ground situated in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone monument at the easterly intersection of lands of R. A. Ortenzio with lands of Wilson Land Company; thence South Fif ty-two degrees Thirty-six minutes Thirty seconds West (S 52° 36' 30" W) along Lands of Wilson Land Company a distance of 691.35 feet to a concrete monument; thence North Thirty-seven degrees Twenty- three minutes Thirty seconds West (N 37° 23' 30" W), a distance of 164.88 feet to a point; in a northwesterly direction along Nanroc Drive (proposed 50 feet wide street) by a curve to the left having a radius of 160 feet, an arc distance of 138.85 feet to a concrete monument; thence North Eighty-seven degrees Six minutes Fifty seconds West (N 87° 06' S0" W), along same, a distance of 143.18 feet to a point; thence along same by a curve to the right having a radius of 125 feet, an arc distance of 108.48 feet to a concrete monument; North Thirty-seven degrees Twenty-three minutes Thirty seconds West (N 37° 23' 30" W), along same, a distance of 195.11 feet to a point; thence by a curve to the right having a radius of 20 feet, an arc distance of 31.41 feet to a concrete monument on the southerly right- of-way line of Geneva Drive ( 50 feet wide) ; thence idorth Fifty-two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), along same, a distance of 190 feet to a concrete monument; thence North Fifty-two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), a distance of 565.41 feet to a point; thence along the southerly right-of-way line of Geneva Drive by a curve to the left having a radius of 225 feet, an arc distance of 121.25 feet to a point; thence along same by a curve to the right having a radius of 175 feet, an arc distance of 94.31 feet to a point; thence North Fif ty- two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), along same, a distance of 5.83 feet to a paint; thence :forth Fifty-two degrees Thirty-six minutes Thirty seconds East (N 52° 36' 30" E), a distance of 54.01 feet to a point; thence continuing on a curve to the right having a radius of 20.00 feet, an arc length of 35.74 feet and chord of 31.17 feet to a point; thence along the western boundary of Lancaster Boulevard South Twenty-five degrees East (S 25° E), a distance of 215.33 feet to a concrete monument; thence South Twenty- five degrees East (S 25° E), a distance of 524.28 feet to the point and place of BEGINNING. CONTAINING 14.13 acres, more or less. 3ETNG in part, the same premises which R. A. Ortenzio and Nancy ~1. Ortenzio, his wif e, by their deed dated March 12, 1975, recorded in the Cumberland County Recorder of Deeds Office in Deed Book Z, Volume 25, Page 61, unto :ainterset One Associates; and in part the premises which R. A. Ortenzio and Nancy M. Ortenzio, his wife, by their deed dated January 31, 1978, recorded in the aforesaid office in Deed Book R, Volume 27, Page 32, granted and conveyed unto Winter- set One Associates; and in part the premises which KOG, a general partnership, by its deed dated May 27, 1975, recorded in the aforesaid office in Deed Book C, Volume 26, Page 39, granted and conveyed unto Winterset One P.ssociates. SCHEDULE "B" TO THE SUNGUILD CONDOMINIUM DECLARATION $ COi~ii~10N UNIT ~ INTEREST 1071 - 1 1.2104 1071 - 2 1.5414 1071 - 3 1.4416 1071 - a .9412 1071 - 5 .9412 1071 - 6 1.4416 1071 - 7 1.5414 1071 - 8 .9412 1071 - 9 .9412 1071 - 10 1.5414 1071 - 11 1.4416 1071 - 12 •9412 1071 - 13 •9412 1071 - 14 1.4416 1071 - 15 1.5414 1071 - lb 1.2104 1072 - 1 1.2104 1072 - 2 1.5x14 1072 - 3 1.4416 1072 - 4 .9412 1072 - 5 .9412 1072 - 6 1.4416 1072 - 7 1.5414 1072 - 8 .9412 1072 - 9 .9412 1072 - 10 1.5419 1072 - Il 1.4410 1072 - 12 •9412 1072 - 13 .9412 1072 - 14 1.4416 1072 - 15 1.5414 1072 - 16 1.2104 1073 - 1 .941? 1073 - 2 1.5414 1073 - 3 1.4416 1073 - 4 •9412 1073 - - 5 .9412 1073 - 6 1.4416 1073 - 7 1.5#14 1073 - 8 1.2104 1x73 - 9 l.zlo4 1073 - 10 1.5414 1073 - 11 1.4416 1073 - i2 .9412 1073 - 13 .9412 1073 - 14 1.4416 1073 - 15 ~ 1.541? 1073 - 15 .9412 Page 1 $ COMMON UNIT tt INTEREST 1074 - 1 1.2104 1074 - 2 1.5414 1074 - 3 1.4416 1074 - 4 .9412 1074 - 5 .9412 1074 - 6 1.4416 1074 - 7 1.5414 1074 - 8 .9412 1074 - 9 .9412 1074 - 10 1.5414 1074 - 11 1.4416 1074 - 12 .9412 1074 - 13 .9412 1074 - 14 1.4416 1074 - 15 1.5414 1074 - 16 1.2104 1075 - 1 1.2104 1075 - 2 1.5414 1075 - 3 1.4416 1075 - 4 .9412 3075 - 5 .9412 1075 - 6 1.4416 1075 - 7 1.5414 1075 - 8 .9412 1075 - 9 .9412 1075 - 10 1.5414 1075 -- 13 1.4416 1075 - 12 .9432 1075 - 13 .9432 1075 - 14 1.4436 1075 - 15 1,5414 1075 - 16 1.2104 Page 2 E X H I B I T B SUNGUILD COtJDO1~lINIUPIS CODE OF REGULATIONS SECTION I. APPLICABLE STA"t'UTE This Code of Regulations is adopted for Sunguild Condominium pur- suant to the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. 196). SECTION II. DEFINITIONS Unless the context hereof otherwise clearly indicates, all terms used herein shall have the same meaning as those terms defined in the Unit Property Act or in the Declaration of Candominium for Sun- guild Candominium. SECTION III. iJAI~tE, ADDRESS AND PLACE OF RECOP.DING 1, The Condominium Property shall be 7~no~vn by the name of Sunguild Condominium. 2. The registered office of Sunguild Condominium shall be located at unit ~5, 1071 Lancaster Boulevard, Upper Allen Township, Mechanicsburg, Pennsylvania 17055. 3. The Declaration and Declaration Plan of Sunguild Condo- minium are filed far record at the Office of the l:ecorder of Deeds of Cumberland County, Pennsylvania. SECTION IV. COU'iJCIL 1. Number and Qualifications. The affairs of Sunguild Condo- mitlium shall be governed by a Council. Until (a) eighty (80} Units have been sold by the Sponsor, have been paid for and title closed, or (b) until tcaa (2}years after the date of the recording of the Declaration, whichever shall first occur and thereafter until their- successors shall have been elected as provided herein, the Council shall consist of three (3) persons designated by the Sponsor, Wane of whom need be residents of Sunguild Condominium. There- after, until all remaining units shown on the Declaration Plan, as the same may be amended from time to time, have been sold by the Sponsor, have been paid for and title closed, or until seven (7) years after the date of recording of the Declaration, whichever shall first occur, the Council shall cons is t of f ive ( 5 ) persons , three of whore shall be designated by the sponsor and two of whom shall be unit owners and residents of the units at the time of election. Page 2 SECTION IV. COUP~CIL CONT. 2. Powers and Duties, The Council shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts or things except as by law, the Declaration or this Code of Regulations are required to be performed by the Unit Owners. Such powers and duties of the Council shall include, but shall not be limited to the following: (a) To provide for the acquisition, construction, manage- ment, operation, care, upkeep, maintenance, irnprovement, renovation and replacement of the Common Elements and Lim- ited Common Elements, except to the extent specifically imposed upon the individual Unit Owners. (b) Determination and payment of the Common Expenses of the Condominium. The Council shall have the right to make a final determination of any claim or dispute by a Unit Owner as to whether any charge or expense applies against the Unit Owner rather than the Common Elements and such determination shall be final, conclusive and binding. (c) Establishment, maintenance and collection of and disbursement from Assessments and Common Charges received from the Unit Owners, including without limitation, amounts for working capital to meet operating expenses, a general operating reserve, a reserve fund for capital improvements, replacements, and such special assessments as may become necessary to make up any deficit in the Common Charges or Assessments for any prior year. Council may designate an agent for the purpose of collecting Common Charges and Assessments and for the purpose of making disbursements therefrom on behalf of the Council. (d) Employment and dismissal of personnel necessary for the maintenance and operation of the Common Elements and facilities. (e) Adoption and amendrnent of rules and regulations gov- erning the operation and use of the Property, subject to the right of a majority in interest of the Unit Owners to amend, alter or repeal such rules and regulations. So long as Sponsor owns any Units, rules and regulations shall also require approval of the Sponsor. The Council shall further have, in addition to its other remedies, the right to levy fines for violations of these restrictions and its regulations, provided .that the fine for a single violation's may not, under any circumstances, exceed $50. For each day a violation continues after notice, it shall be con- sidered a separate violation. Any fine levied is to be Page 3 SECTION IV. COUNCIL CONT. 2.(e)(cont.)considered as an assessment and levied against the parti- cular Unit Owner involved. Collection may be enforced by t}~e Council in the same manner as the council is entitled to enforce collection of Common Charges or Assessments. (f ) Opening of bank accounts on behalf of the Condominium and designating the signatories requirErd therefor. (g) Purchasing or leasing or otherwise acquiring in the name of the Council or its designees, corporate or other- wise, an behalf of all Unit Owners, Units offered for sale or lease or surrendered by their Gwners to the Council, and purchasing one Unit for the use of a resident superinten- dent or manager and his family, and his family, and arrang- ing for a mortgage thereon. (h) Leasing recreational facilities, subject to zoning ordinances and any other governmental regulations upon terms and conditions as the Council many establish. (i) Purchasing of Units at foreclosure or other judicial sales in the name of the Council or its designee, corporate or otherwise, on behalf of all Unit Owners, and accomplish- ing any and all actions necessary or incidental thereto. (j) Selling, leasing, mortgaging (but not voting the votes appurtenant thereto) or otherwise dealing with the Units acquired by, and sub-leasing Units leased by, the Council, or its designee on behalf of all Unit Owners. (k) Making of repairs, additions and improvements to or alteration or restoration of the Condominium Property in accordance with the provisions of the Declaration and this Code of Regulations including those necessitated by damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. {1) The Council shall have the power to enforce obligations of the Unit Owners, to allocate profits and expenses, and to do anything and everything else necessary and proper for the sound management of the Condominium, including the right to bring law suits to enforce the rules and regulations promulgated by the Council. The Council shall have the power to levy fines against the Unit C)wners for violations of reasonable rules and regulations established to govern the conduct of the Unit Ovmers. No fine may be levied for more than $50 far any one violation; but far each day a violation continues after notice it shall be considered a separate violation. Collection of the fines may be enforced against a Unit Owner as if the fine were a Common Charge or Assessment owed by a Unit Owner, and shall be a lien against the Unit. Page 4 SECTION IV. COUNCIL CONT. 2.(cont.} (m) The Council may employ a managing agent anc3/or manager for the Condominium at a compensation to be established by the Council, to perform such duties and services as the Council shall authorize, including but not limited to the duties granted to the Council as set forth above. The Coun- cil may also employ any other employees or independent contractors to perform duties and services necessary to the operation and maintenance of the Condominium and com- mon area. The Council may also share management, common expenses, facilities and equipment personnel, and any other services with other condominiums. (n) The Council shall establish rules and regulations for the use of the parking spaces and shall devise a system for allocating said parking spaces providing that there shall be at least two parking spaces for each Unit. (o) The Council shall have the power to obtain and main- tain insurance relating to the Condominium Property. (p) The Council shall have the power and authority to take any and all acts and to do any and all things as are necessary or incidental to the implementation, enforce- ment or furtherance of the terms and provisions of the Unit Property Act, the Declaration and this Code of Regu- lations, or as may otherwise be granted to and accepted by the Council from one or more Unit Owners. (q) No part of the Common Profits, if any, shall inure to the benefit of any Unit Owner other than by way of acquir- ing, constructing or providing management, maintenance and care of the Common Elements. 3. Election and Term of Office. The first meeting of the Unit Owners shall be held on call by the Council no more than (a) 60 days after 80 units have been sold, paid far and title closed, or (b) no later than two years after the date of the recording in the Declaration, whichever shall first occur. Said meeting shall be considered to be the first annual meeting of the Unit Owners. At the first an- nual meeting, two members of the Council shall be elected by the Unit Owners from among the Unit Owners, unless all units shown on the Declaration Plan have been sold as pro- vided in Section IV (1) herein. One member shall be elect- ed for a ane year term and one member shall be elected for a twa year term. Thereafter, at each subsequent annual meeting of the Unit Owners, one, two or three members, as the case may be, shall be elected for a two year term. The elected members of the Council shall hold office until their respective successors have been elected by the Unit Owners as provided herein. The Council appointed by the Sponsor shall act alone until the election has been com- Page 5 SECTION IV. COUNCIL CONT. 3.(cont.) pieted at said first meeting, and thereafter the members of Council appointed by the Sponsor shall continue to act until the occurrence of the events provided in Section IV (1} hereof. At any election of the Council, each Unit Owner, including the Sponsor to the extent that the Spon- sor is still a Unit Owner, shall have the right to vote in accordance with the provisions of Section V {9} of this Code of Regulations for each position ~to be filled. If at any election of Council members more than twice the number of candidates to be elected are nominated, there shall be two ballots for membership. At the end of the first ballot, the field of nominees shall be reduced so that there are no more than twice as many candidates running as there are positions to be filled, with those receiving the lowest number of votes being eliminated. A second ballot shall be held, and on the second ballot, those receiving the greatest number of votes will be elected. If there are not more than twice the number of nominees as there are positions to be filled, then there shall be one bal- lot with those receiving the highest number of votes being elected to membership on the Council. If the candidates are being elected for varying periods of years, the candidates polling the highest votes will be considered elected for the longest number of years. After the first annual meet- ing of the Unit Owners, succeeding annual meetings shall be held during the same month of each succeeding year. At each annual meeting, members of the Council shall be elected by ballot of the Unit Owners i.n accordance with this Code of Regulations. At such time as the Sponsor no longer owns any Units, the members of the Council appointed by tt~e Sponsor shall vacate the Council and t:he place vacated by the Sponsor's representatives shall be filled by the remaining members of the Council as herein provided for the unexpired portion of the term. Notwithstanding any other provision hereof, the Sponsor may, from time to time, replace any of the members of Council which it ha~~ appointed. 4. Removal of Members of the Council. At: any duly held regu- lar or special meeting of the Unit Owr-ers, any one or more members of the Council may be removed, with or without cause, by a majority of the Unit Owners present and voting, and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any member of the Coun- cil whose removal has been proposed by the Unit Owners shall be given an opportunity to be heard at the meeting. This provision shall not apply to Council members appointed by the Sponsor under Section IV, Paragraph 3, nor to any of the three original Council members appointed by the Sponsor. 5. Vacancies. Vacancies in the Council caused by any reason sh~1Te filled by a vote of a majority of the rernaininy members of the Council at a special meeting of the Council Page 6 SECTION IV. COUNCIL CONT. 5.(cont.} held for that purpose promptly after the occurrence of any such vacancy, even though the members present at such meeting may constitute less than a quorum. Each person so elected shall be a member of the Council for the remainder of the term of the member whose term he is filling and until his successor is elected. Vacancies must be filled within thirty (30) days. In the event of a deadlock by the Coun- cil in filling any such vacancy, Council may call a special meeting of the Unit Holders, upon at :least seven {7} day s written notice, at which, regardless of whether a quorum is present, such vacancy shall be filled. 6. Compensation. Na member of the Council shall receive any compensation for acting as a Council member. However, Council members shall be reimbursed for out-of-pocket ex- penses and may be compensated for services rendered to or far the Condominium in any other capacity, and shall be indemnified as provided in the Declaration. 7. rieeting of the Council. The first meeting of the Council fallowing the first annual meeting of the Unit Owners shall be held within ten (1Q} days thereafter at such time and place as shall be fixed by the Council immediately follow- ing such annual meeting and no notice shall be necessary. Regular meetings of the Council, before ar after the first annual meeting of the Unit Owners, may be held at such time and place as shall be determined from time to tune by a majority of the members of the Council, but at least two meetings shall be held each year. Notice of regular mee t- ings of the Council shall be given to each Council member by mail or telegram at least five days prior to the date of the meeting. Special meetings of the Council shall be called by the President or the Secretary in like manner and on like notice promptly following the written request of at least three members of the Council. Any member of the Council may, at any time, waive notice of any meeting of the Council in writing and such waiver shall be deemed equiva- lent to the giving of notice. Actual attendance by members of the Council at any meeting of the Council shall. consti- tute his waiver of notice of the meeting. X111 meetings of the Council shall be open to the attendance by the Unit Owners. 8. Quorum of the Council. At all meetings of the Council, a majority of the members thereof shall constitute a quorum for the transaction of business and the vote of a majority of the members of the Council present and voting at a meet- ing at which a quorum is present shall constitute a valid decision. If at any meeting of the Council there shall be less than a quorum present, the majority of thaw present Page 7 SECTION IV. COUNCIL CONT. 8.(cont.) may adjourn the meeting to a new date. At any such ad- journed meeting at which a quorum is present, any busi- ness which may have been transacted at the original meet- ing may be transacted without further notice. 9. Action by Council Without a Meeting. Any action which may be authorized or taken at a meeting of the Council, may be authorized yr taken without a meeting with the affirmative vote or approval of, and iri a writing or writ- ings signed by, all the Council members, which writing or writings shall be filed with ar entered upon the records of the Council. 10. Election of Officers. At each annual organization meeting of the Council. following its election, the Council shall elect a President, one or more Vice Presidents, a Secretary and a Treasurer of the Condominium. All officers and mem- bers of the Council, having the responsibility for handling funds of the Condominium, are to be bonded. The President, who shall be elected from the Council members, shall be the chief executive officer of the Condominium and shall pre- side at all meetings of the Unit Owners and the Council, and shall have general powers and duties which are incident to the office of a president of a non-profit corporation, including, but not limited to, the power to appoint such committees from among the Unit Owners from time to time as he may in his discretion decide are appropriate to assist in the management of the affairs of the Condominium. All ~- other officers need not be members of the council nor need they be Unit Owners. The Vice President shall take the place of the president or perform his duties whenever the President shall be absent or unable to act. The Secretary shall keep the minutes of all meetings of the Unit Owners and the Council, and shall have charge of the books and re- cords of the Condominium and the Council. He shall, in gen- eral, perform all of the duties incident to the office of a secretary of a non-profit corporation. The Treasurer shall have the responsibility for the Condominium funds and securi- ties and shall be responsible for the keeping of full and accurate records and books of account. The treasurer, and any other officers or employees who handle Condominium funds, at the expense of the Condominium, shall furnish such fidelity or other bonds as may be required by the Council. All agree- ments, contracts, leases, deeds, checks and other instru- ments of the Condominium shall be exec:uted by the President or the Vice President and the Secretary or the Treasurer or by such other person or persons as may be designated by Page 8 SECTION IV. COUNCIL CONT. 10.(cont.)the Council. Upon the affirmative vote of a majority of the members of the Council, any officer may be removed either with or without cause and his successor may be elected and vacancies in any office tnay be filled at any regular meeting of the Council called for such purpose. Nothing herein contained shall prohibit a Council member from becoming an officer. 11. Compensation of Officers. The President and Vice President shall not receive any compensation far their services, ex- cept reimbursement of out-of-pocket expenses but may be carn- pensated for services rendered in any other capacity. The Secretary and Treasurer may be compensated for their ser- vices if the Council determines that such compensation is appropriate. SECTION V. MEETING OF THE UNIT OWNERS 1. Annual Meeting. Annual [Meetings of the Unit Owners shall ~e he'~as provided in Section IV, Paragraph 3 above. 2. S ecial Meetings. It shall be the duty of the President to cal3 a special meeting of the Unit Owners, if so directed by a resolution of the Council or upon petition signed and presented to the Secretary of not less than 33-1/3b in the aggregate of all Unit Owners, or as provided in Section IV (3). The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. 3. Place of Meeting. The meeting of the Unit Owners shall be held at the principal office of the Condominium or at such other suitable place convenient to the Unit Owners as may be designated by the Council. 4. Notice of Meetings. The Secretary shall mail a notice for each annual or special meeting of the Unit Owners at least seven (7} but not more than twenty (20} days prior to such meeting, stating the purpose thereof, as well as the time and place where it is to be held. Said notice shall be mailed to each Unit Owner of record by regular mail, postage pre-paid, at the unit address or at such other address as such Unit Owners shall have designated by notice in writing to the Secretary. The mailing of notice of meeting in the manner herein provided shall be considered service of notice. 5. Votinq Lists. A complete register of the Unit Owners, the proportionate interest of each Unit Owner and the last known Page 9 SECTION V. CONT . fdEETTidG OF THE UNIT OWNERS 5.(cont.} address of each Unit Owner shall be available for inspec- tion by any Unit Owner at the office of the Manager, or in default of such an office, at an office or unit conven- ient to the Unit Owners, for a period of two (2) days prior to any meeting. 6. Proxies. Every Unit Owner entitled to vote at a meeting of Un ti Owners may authorize another person or persons to act far him by proxy. Every proxy shall be executed in writing by the Unit Owner, or by his duly authorized attorney in fact, and filed with the Secretary of the Condominium. A proxy, unless coupled with an interest, shall be revocable at will, notwithstanding any other agreement or any pro- vision in the proxy to the contrary, but the revocation of a proxy shall not be effective until notice thereof has been given to the Secretary of the Condominium. No unrevoked proxy shall be valid after eleven (11) months from the date of its execution, unless a longer time is expressly provided therein, but in no event shall a proxy, unless coupled with an interest, be voted on after three (3) years from the date of its execution. A proxy shall not be revoked by the death or incapacity of the maker unless before the vote is counted or the authority is exercised, written notice of such death or incapacity is given to the Secretary of the Condominium. A Unit Owner shall not sell his vote or execute a proxy to any person for any sum of money or anything of value. A proxy in favor of a creditor of a Unit Owner and such a proxy shall be valid so long as the debt owed by him to the creditor re- mains unpaid. 7. Qum m. Except as otherwise provided herein, the presence In person or by proxy of Unit Owners having one-third of the total authorized votes of all Unit Owners shall constitute a quorum at all meetings of the Unit Owners. If at any meet- ing of the Unit Owners there is not a quorum present, a majority interest of the Unit Owners who are present at such a meeting, or the Sponsor, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the date the original meeting was called. At such adjourned meeting a quorum as defined herein shall not be required to conduct the business of the Unit Owners. Should no Unit Owner be present at such adjourned meeting, the Sponsor shall have the power to conduct business with the full force and effect of business conducted at a regular meeting and de- cisions made by the Sponsor at such meeting shall be binding upon all Unit Owners for all purposes. A vote of the majori- ty of Unit Owners present at such adjourned meeting shall be binding upon all Unit Owners for all purposes. Page 10 SECTION V. MEETING OF THE UNIT OWNERS CONT. 8. Conduct of the Meetings. The order of business at the an- nual meeting of the Unit Owners or at any special meeting shall be: (a) Calling of the roll and certifying the proxies. {b) Proof of notice of meeting or waiver of notice. (c) Reading and approval of any unapproved minutes. (d ) Receiving reports of officers . (e} Receiving reports of committee, if any. (f) Election of inspector of election, if necessary. (g) Election of Council members, if necessary. (h) Old Business {i} New Business (j} Adjournment At all meetings of the Unit Owners or of the Council, Robert's Rules of Order (revised) shall be followed. 9. Vo, ting. With respect to the affairs of the Condominium, including the election of Council members, the Owner(s) (collectively) of each unit shall have the number of votes equal to such Owners' percentage of ownership of the Common Elements as set forth in the Declaration, Schedule "B". How- ever, the Owner(s) of any unit may not split the votes al- located to each unit but must cast them as one block on any particular vote and only one Owner of any unit may cast the votes appurtenant thereto an any question. If a unit is held by a corporation, a duly authorized officer of such corporation shall be entitled to exercise the appurtenant voting rights. If a unit is held in a fiduciary capacity, the fiduciary and not the beneficiary shall be entitled to exercise the appur- tenant voting rights. 10. Ballots and Proxies. The ballot box shall not be opened nor any ballots tallied until all voting is complete. Bal- lots and proxies shall be retained for a period of thirty (30) days following each vote, and shall be available for in- spection by each Unit Owner or his duly authorized attorney. 11. Majority ~of Votes. The majority in interest of at which a quorum shall all Unit Owners for all Lion, these Regulations required. affirmative vote of the owners of a the votes represented at a meeting be preseht shall be binding upon purposes except if, in the Declara- or by law, a higher percentage is SECTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY 1. Damage to Other Units/Common Elements. All maintenance Page 11 ~~CTION VI. MAINTENANCE, REPAIR & ALTERATIONS OF PROPERTY CONT. 1.(cont.) of and repair to any units, structural or non-structural ordinary or extraordinary (other than maintenance of and repair to any Common Elements contained therein and not necessitated by the negligence, misuse or neglect of the Owner of such unit} shall be made by the Owner of such unit. Each Unit Owner shall be responsible for all damages to other units and/or to the Common Elements and Facilities resulting from or aggravated by his failure to repair. 2. Repair of Common Elements. All maintenance, repairs and re- placements to the Common Elements and Limited Common Ele- ments (excep t where such duty is specifically imposed upon a Unit Owner}, whether located inside~or outside of the units (unless necessitated by the negligence, misuse ar neglect of a Unit Owner, in which case such expense shall be charged to such Unit Owner) shall be made by the Council and be charged to all Unit Owners as a Common Expense. The pay- ment of all vouchers is to be approved by either the Presi- dent ar Treasurer. ~. Maintenance by Unit Owners. (a} Except for the maintenance requirements herein imposed upon the Council, the Owner of each Condominium unit shall, at the Owner's expense, maintain the interior of this Con- dominium unit and any and all equipment, appliances or fea- tures therein situated, and its appurtenances (including, without limitation, any air conditioning units or landscap- ing located on or in any balcony ar patio appurtenant to such unit, any fireplace flue or flues serving the fireplace in such Owner's Unit) in good order and condition. The Owner of any Condominium unit shall, at his awn expense, maintain, repair or replace any plumbing fixtures, fireplace and attached flues, heating and air conditioning equipment, lighting fixtures, electrical outlets and fixtures, refrig- erators, freezers, dishwashers, clothes washers, clothes dryers, disposals, ranges and/or other equipment, in connection with the individual unit (including those items located remotely from the individual unit such as, but not limited ta, fireplace flues serving the unit but located in other units), provided, however, with respect to fireplace flues, that if the Owner of a Unit being served by a fire- place flue does not make repairs (i) immediately upon being notified of an emergency or situation threatening im- mediate damage, or (ii) within thirty (30) days from written notice in cases not involving an emergency or threat of immediate damage, then the Owner of the Unit through which the flue extends or the Council, upon re- quest by such Owner, may make such repairs, and the costs thereof, including attorneys fees and callectian costs, shall be enforceable against the Owner of the unit being served by the flue to the same extent and in the same manner as an assessment made by the Council. Page 12 SECTION VI. MAINTENANCE, REPAIR AND ALTERATIONS OF PROPERTY CONT. 3.(cont.) (b) Each Unit Owner shall promptly furnish, perform and be responsible for, at his own expense, all of the maintenance, repairs and replacements within his own unit which, if omitted, would adversely affect the safety of the Condominium, provided however, such maintenance, repairs and replacements as may be required to bring water, electricity, heating oil and gas to such unit shall be furnished by the Council as part of the Common Expense. (c) If, due to the negligent act or omission of or mis- use by a Unit Owner, a member of his family, household pet or of a guest, other occupant or visitor (whether authorized or unauthorized) of such Unit Owner, damage shall be caused to the General or Limited Common Elements or to a unit ar appurtenance owned by another, or if resulting therefrom, maintenance, repairs or replacements shall be re- quired which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and be liable for any damages, liability, costs, or expenses, including attorney's fees, caused by or arising from such circumstances, and such maintenance, repairs and replacements to the Common Elements or the units shall be subject to this Code of Regulations and the rules and regulations adopted by the Council. (d) To the extent that equipment, facilities and fixtures within any unit(s) shall be connected to similar equipment, facilities or fixtures affecting ar serving other unit(s) or the Common Elements, then the use thereof by the indivi- dual Unit Owners shall be subject to this Code of Regula- tions and the rules and regulations adapted by the Council. The authorized representatives of the Council, or the mono - ger or managing agent for the Council, shall be entitled to reasonable access to the individual unit(s) as may be re- quired in connection with maintenance, repair or replace- ment of or to the Common Elements or any equipment, facili- ties or fixtures affecting or serving other unit(s) or such Common Elements. 4. Exterior Changes. Unit Owners shall not have any right to locate signs upon, paint or otherwise decorate or change the appearance of any portion of the exterior of the Build- ing in which a unit is located. The Unit Owner is respon- sible to promptly report to the Council. any defect or need for repairs, the responsibility for which is that of the Council. SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES 1. Common Charges. (a) Each Un t Owner shall pay to the Council a monthly sum {here and elsewhere sometimes referred to as "Common Charges") equal to one-twelfth of the Unit Owner's proportionate share Page 13 SECTION VII. COh1MON CHARGES, SPECIAL ASSESShIENTS AND kESE RVES CONT. 1.(a)(cont.)of the sum required or established by the Council to meet the annual Common Expenses and, if imposed by the Council, to establish the operating and/or capital improvement or re- placement reserves. (b) The Council shall determine the amount of the Common Charges annually, but may do so at more frequent intervals should circumstances so require. (c} The Council shall make reasonable efforts to fix the amount of the Common Charges payable key each Unit Owner for each assessment period at least thirty (30) days in ad- vance of such date or period and shall, at that time, pre- pare a list of the Unit Owners and Common Charges applicable to the units which shall be kept in the office of the Coun- cil and shall be open to inspection by any Unit Owner upon reasonable notice to the Council. Written notice of the Common Charges shall be sent to each iJnit Owner. The omission of the Council before the expiration of any assessment per- iod shall not be deemed a waiver or modification of the pro- visions of this Section, or a release of any Unit Owner from the obligation to pay the Common Charges or any installment thereof for that or any subsequent assessment period. The Common Charges fixed for the preceding period shall continue in full force and effect until the new Common Charges are established. No Unit Owner may gain exemption from liability for the Common Charges or any Special Assessments by a waiver of the use or enjoyment of any of the Common Elements or by abandonment of any Condominium unit. 2. Special Assessments. In addition to the Common Charges author- ized above, the Council may levy in any year a Special Assessment or Assessments, applicable to that year only for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, improvement, unexpected re- pair or replacement of any capital improvement located on or in the Condominium Property, including the necessary fix- tures and personal property related thereto, or for such other purposes as the Council may consider necessary or appro- priate. 3. Reserve for Replacements. The Council may establish and main- tain a reserve un or the repair, restoration or replace- ment of capital improvements by the allocation of payment monthly to such reserve fund of any portion of the Common Charges or Special Assessments designated from time to time by the Council, which shall not exceed ten percent (10~) of the aggregate Common Charges or special Assessments in any year. Such reserve funds shall be deposited in a special account with a lending institution the accounts of which are insured by an agency of the United States of America or may, in the discretion of the Council be invested in obligations of, or obligations fully guaranteed as to principal by, the Page 14 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT . 3.(cont.} United States of America. The reserve for replacement may be expended only for the purpose of effecting the repair, restoration or replacement of the Common Elements and Facilities together with fixtures or equipment associated therewith or far the contingencies of a non-recurring nature. The amounts allocated to the replacement reserve may be reduced, by appropriate resolutions of the Coun- cil, upon the accumulation in such replacement reserve of a sum equal to twenty percent (2g$) of the full replace- ment value of the Condominium Common Areas as such full replacement value is annually determined by the Council far casualty insurance purposes. The proportionate inter- est of any-Unit Owner in any replacement reserve shall be considered an appurtenance of his Condominium unit and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Condominium unit to which it appertains and shall tae deemed to be transferred with such Condominium unit. 4. Non-Payment of Common Charges or Assessments. (a) Any Common Charges or Assessment levied pursuant to the Declaration or this Code of Regulations, or any in- stallment thereof, which is not paid on the date when due shall be delinquent and shall, together with interest there- on and the cost of collection thereof, as hereinafter pro- vided, thereupon become a lien upon the Condominium unit belonging to the Owner against whom such assessment is levied and shall bind such Condominium unit in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. The lien may be perfected as pro- vided by law. The personal liability and responsibility of the Unit Owner to pay such Common Charge or Assessment shall, however, remain his personal legal obligation, and the Council may maintain actions at law to recover sums due, or for damages associated therewith, or in equity far injunc- tive or such other relief as is available. (b} Any Common Charges or Assessments levied pursuant to the Declaration or this Code of Regulations, or any installment thereof, which is not paid within ten {la} days after it is due shall bear interest from the date due at a rate fixed by the Council not to exceed eight percent {8~} per annum but in no event more than the maximum permitted legal rate, and the Council may bring an action at lair against the Unit Owner personally obligated to pay the same, and/ar fore- close the lien against the Condominium unit then belonging to said Unit Owner, in either of which events interest, cost and reasonable attorney's fees of not less than twenty-five percent (25$) of the sum claimed shall be added to the amount of each Common Charge or Assessment. The Council shall not- ify the holder of any mortgage on any Condominium unit for which any Assessment levied pursuant: to this Code of Regula- Page 15 SECTION VII. COMMON CHARGES, SPECIAL ASSESSMENTS AND RESERVES CONT. 4.(b)(cont.) tions becomes delinquent for a period in excess of thirty (30) days and in any other case where the Owner of such Condominium unit is in default with respect to the performance of any other obligation hereunder for a period in excess of thirty (30) days. So long as any Owner is delinquent in the payment of any Commbn Charge or Special Assessment the Owner and any member of his or her family or other persons using the unit shall be prohibited from using the Condominium recreational facilities. (c) If any Owner shall be in default in the payment of an installment of the Common Charges or Assessments, the Coun - cil may accelerate the remaining installments upon written notice to the Owner, and the then unpaid balance of the Com- mon Charges or Assessments for. the current year shall come due upon the date stated in the notice, but not less than five (5) days after delivery of the notice to the Owner, or ten (10) days after the mailing of such notice to him by registered or certified mail, whichever shall first occur. 5. Excess of Common Charges or Assessments. In any year in which there is an excess of Assessments or Common Charges received over amounts actually used for the purposes des- cribed in this Cade of Regulations and in the Declaration, such excess shall, as directed by the Council, either (a) be applied against and reduce the subsequent year's Assess- ment or Common Charges; (b) be placed in a specifically allocated reserve for replacement of capital assets; or (c) be refunded to the Unit Owners. If election is made to refund excess Assessments or Common Charges, such refund shall be divided among all the Unit Owners in proportion to their respective undivided interest in the Common Elements. SECTION VIII. ADDITIONS, ALTERATIONS OR IhIPROVEMENTS BY THE COUNCIL Whenever, in the judgment of the Council, Common Areas shall require additions, alterations or improvements costing i.n excess of $10,000, said alterations or improvements shall not be made unless they have been approved by the Owners at a meeting at which a quorum is present. When said approval has been obtained, all Unit Owners shall be assessed for the cost thereof as a Special Assessment. In the event any emer- gency which could cause damage to any building(s) or parts} thereof, the Council may expend sums in excess of $10,000 to protect said build- ing(s) or part(s) and the judgment of the Council shall be final. SECTION IX. ADDITIONS, ALTERATIONS OR IfiPROVEMEPJTS BY THE UNIT OWNER No Unit Owner shall make any structural addition, structural partition or wall change or structural alteration or improvement in or to his unit without prior written consent of the Council and, if required in Page 15 SECTION IX. ADDITIONS, ALTERATIONS OR IMPROVEI~SEDITS BY THE UNIT OWNER CONT. the mortgage documents, the mortgagee of said unit. The Council shall have the obligation to answer any written request by a Unit Otaner for approval of a proposed structural addition, alteration or improvement in such Unit Owner's unit within thirty (30) days after such request, and failure to do so within the stipulated time shall constitute a con- sent by the Council to the proposed structural addition, alteration or improvement. SECTION X. ELECTRICITY, GAS, WATER AND HEATING Electricity shall be supplied by the public utility company serving the area directly to each unit through a separate meter for each unit, and each Unit Owner shall be required to pay the bills far electricity consumed or used by his unit and in the Limited, Common Elements serving his unit. Sewers are supplied by Upper Allen Township directly to each unit and each Unit Owner shall be required to pay the bills far his unit. The electricity and sewers serving the general Common Elements and Facilities shall be metered and the Council shall pay all utility bills for electricity consumed therein or sewer service thereto as a Common Expense. The utility or other charges for water, gas, cabl TV, fuel oil and trash removal shall be paid by the Council as a Common Expense. SECTION XI. COMMON CHARGES PAYABLE BY THE SPONSOR Until the sale of the first unit in the Condominium, the Sponsor shall be solely responsible for all Common Charges. Following the first closing, each Unit Owner to whom title shall have been vested shall be responsible for his proportionate share of Common Charges and Assess- ments based an his percentage interest in the Condominium Common Ele- ments, and the Sponsor shall pay Common Charges and Assessments for un- sold units. Proration of the Common Charges shall be permitted if the parties to any agreement for the purchase and sale of a unit so agree. In the event the future units are not all constructed, and the Declara- tion is amended to decrease the proportionate share of each Unit Owner in the Camrnon Elements, the change in proportion of each Unit Owner's interest in the Common Elements shall be effective immediately upon recording the amendment to the Declaration. SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS 1. Neither the Council Members nor the Condominium Officers shall be liable to the Unit Owners for any mistake of judg- ment, negligence or otherwise, except for their own indi- vidual willful misconduct or bad faith. 2. The Unit Owners shall indemnify and hold harmless each of the members of the Council against all contractual liability to others arising from contracts made by the Council on behalf of the Condominium unless any such contract shall have been Page 17 SECTION XII. LIABILITY OF COUNCIL MEMBERS AND OFFICERS CONT. 2.(cont.) made in bad faith or contrary to the provisions of the De- claration or of this Code of Regulations, and the members of the Council shall have no personal liability with respect thereto. It is understood and permissible far the original Council members, who are individuals appointed by the Sponsor, to contract with the Sponsor and affiliated entities with- out being charged with self-dealing. The liability of any Unit Owner arising from any contract made by the Council shall be limited to such proportion of the total liability there- under as his interest in the Common Elements bears to the in- terests of all the Unit Owners in the Common Elements. Every agreement made by the Council, or by the managing agent or manager on behalf of the Council, shall provide that the mem- bers of the Council, the managing agent, or the manager, as the case may be, are acting only as agent for the iJnit Owners and shall have no personal liability thereunder (except as Unit Owners), and that each Unit Ownez•'s liability thereunder shall be limited to such proportion of: the total liability thereunder as his interest in the Common Elements bears to the interest of all Unit Owners in the' Common Elements. 3. Each Council member and officer of the Condominium, and each former Council member and officer of the Condominium, shall be indemnified by the Condominium Unit Owners against the costs and expenses reasonably incurred by him in connection with the defense of any pending or threatened action, suit or proceeding, criminal or civil, to which he is or may be made a party by reason of his being or having been such Council member or officer at the time of incurring such costs and expenses), except with respect to matters as to which he shall be adjudged in such action, :quit ar proceeding to be liable for misconduct or bad faith in the performance of his duty as such Council member or officez-. In case of the settlement of any action, suit ar proceeding in which any Council member or officer of the Condominium, or any former Council member or officer of the Condominium, is made a party or which may be threatened to be brought against him by rea - son of his being or having been a Council member or officer of the Condominium, he shall be indemnified by the Unit Owners against the costs and expenses (including the cost of settle- ment) reasonably incurred by him in connection with such action, suit or proceeding (whether or not he as a Council member or officer did not misconduct himself or was not negli- gent in the performance of his duty as such Council member or officer with respect to the matters covered by such action, suit or proceeding), and cost to the Condominium of indemni- fying such Council members or officers (and all other Coun- cil members and officers, if any, entitled to indemnification hereunder in such case) if such action, suit or proceeding were carried to a final adjudication in their favor could Page i8 SECTION XII. LIABILITY OF COUNCIL MEriBERS AND OFFICERS CON T . 3.{cont.) reasonably be expected to exceed the amount of costs and expenses to be reimbursed to such Council members and officers as a result of such settlement, or (b) disinter- ested Unit Owners entitled to exercise a majority of the voting power shall, by vote at any annual or special meeting of the Unit Owners, approve such settlement and the reim- bursement to such Council member ar officer of such casts and expenses. The phrase "disinterested members" shall mean all Unit Owners other than {i} any Council member or officer of the Condominium who at the time is or may be entitled to indemnification pursuant to the foregoing provisions, (ii) any corporation or organization of which any such Council member ar officer owns of record or beneficially ten percent (10$) or mare of any class of voting securities, {iii) any firm of which such Council member or officer is a partner, and (iv) any spouse, child, parent, brother or sister of any such Council member or officer. The foregoing rights of index nification shall inure to the benefit of the heirs and legal representatives of each such Council member or officer, and shall not be exclusive of ether rights to which any Council member or officer may be entitled as a matter of law or undo the Declaration any vote of Unit Owners ar any agreement. SECTION XIII. INSURAA]CE 1. Coverage. The Council shall obtain and maintain, on behalf of and for the benefit of the Unit Owners, insurance cov- erage as set forth in paragraphs 2 through 6 hereof. All insurance affecting the Property shall be governed by the provisions of this Section. 2. Physical Damage. All buildings and improvements (as defined in paragraph 3 hereof), and all of the personal property owned in common, shall be insured, for the benefit of the Council, the Unit Owners and mortgagees of units, against risks of physical damage as follows: (a) Amounts. As to real property, for an amount equal to its full insurable replacement cost; as to personal property, for an amount equal to its actual cash value. Prior to obtaining any insurance on real property under this section, and at least annually thereafter, the Coun- cil shall obtain an appraisal from a qualified appraiser, primarily engaged in preparing estimates of insurable value, acceptable to the insurance carrier or carriers, writing the Council's policies for the purpose of deter- mining the replacement cost of such :real property and actual cash value of personal property. Page 19 SECTION XIII. INSURAPICE CONT. 2.(cont.) (b} Risks Insured Against. The insurance shall afford protection against loss or damage by reason of: (i) Fire and other hazards covered by standard form for extended coverage; {ii) Vandalism and malicious mischief; (iii) Such other risks of physical damage as from time to time may be customarily covered with respect to buildings and improvements simi- lar in construction, location, and use as those on the Property and; (iv) Such other risks of physical damage as the Council may from time to time deem appropriate. (c) Other Provisions. The insurance shall contain the following provisions: (i ) Waivers by the insurer of .rights of subro- gation against the Council and the Unit Owners; {ii) That the insurance shall not be affected or diminished by reason of any other insurance carried by any Unit Owner or mortgagee of a unit; (iii) That the insurance shall not be affected or diminished by any act or neglect of any Unit Owner or any occupants or owners of any improve- ments when such act or neglect is not within the control of the Council; (iv) That the insurance shall not be affected ar diminished by failure of any Unit Owner or any occupants or owners of any irnpravements to comply with any warranty or condition when such failure to comply is not within the control of the Council; (v) That the insurance may not be cancelled or substantially modified (except for the addition of property ar increases in amount of coverage) with- out at least thirty (30) days prior written notice to the named insured, and to all mortgagees of Units; (vi) Provisions for indemnification of mortgagees of units and for the allocation of their several interest to specific units; Page 20 SECTION XIII. CONT . INSURANCE 2.(c)(cont.} (vii) The standard mortgagee clause, except that any loss otherwise payable to named mort- gagees shall be payable in the manner set forth in Subsection (c) of paragraph ll, hereof; (viii) Adjustment of loss shall be made with the Council as the exclusive authority for the insured; (ix) Proceeds for losses under $10,000 shall be paid to the Council and proceeds for losses over $10,040 shall be payable to the Trustee (see paragraph 11, below); {x) The named insured shall be the Council; (xi) All policies shall be written with a com- pany licensed to do business in the Commonwealth of Pennsylvania and holding a rate of "AAA" ar better by Best's Insurance kepox•ts, or by an equivalent rating bureau should Best's Insurance Reports cease to be issued; {xii) The insurance policies issued to the Coun- cil on behalf of the Unit Owners and covering the Condominium Property cannot be cancelled, inval- idated or suspended on account of the conduct of any one ar more Unit Owners and in no event can cancellation, invalidation or suspension for any reason be effected without at least ten (10} days prior written notice to each Unit Owner and all holders of any mortgages permitted hereunder; and (xiii) That all policies covering the Condominium Property cannot be cancelled, invalidated or sus- pended on account of the conduct of any officer or employee of the Council ar any Owner without prior demand in writing that the Council or such Owner cure the defect and without providing a rea- sonable period of time thereafter in which to cure same. 3. Definition. When the insurance under paragraph 2 hereof is to cover Buildings and Improvements", such insurance shall also cover: {a) All additions and extensions attached thereto; (b) All fixtures, machinery and equipment constituting a permanent part of and pertaining to the service of the Building; Page 21 SECTION XIII. INSURANCE CONT. 3.(cont.) {c) Piaterial and supplies intended for use in construc- tion, alteration or repair of the Buildings;, (d) Yard fixtures; (e) Personal property of the insured as owned in common by Unit Owners and used for the maintenance or service of the described buildings, including fire extinquishing ap- paratus, floor coverings, refrigerating, ventilating, cook- ing, dishwashing and laundering equipment, shades and out- door furniture {but not including other personal property in the units furnished by the unit Owners). 4. Casualty and Liability Insurance. To the extent available, the Council shall obtain and maintain comprehensive general liability insurance in such limits as the Council may from time to time determine, insuring the Council, the Officers, the Manager (at the discretion of the Council) and each Unit Owner for claims arising out of or in connection with the ownership, operation or maintenance of any of the Property, excluding however, Unit Owner liability coverage far claims arising in connection with that portion of the Property used and occupied exclusively by a particular Unit Owner. Such comprehensive general liability insurance shall also cover, to the extent such insurance is available, cross liability claims of one insured against the other. The Council shall review such limits once a year. 5. Directors and Officers Liability Insurance. To the extent available, the Council shall obtain and maintain a compre- ' hensive general liability insurance policy in such limits as the Council may from time to time determine or in such limits as may be available, insuring the Council members, the Of- ficers, the Manager {at the discretion of the Council), for claims arising out of or in connection with the management, operation or maintenance of any of the Property, such policy shall insure the Council members and Officers against any mis- take of judgment, negligence or otherwise, except for their awn individual willful misconduct or bad faith. 6. Workmen's Compensation Insurance. The Council shall obtain and maintain Workmen's Compensation Insurance. if necessary, to meet the requirements of the laws of the Commonwealth of Pennsylvania. 7. Other Insurance. The Council is authorized to obtain and maintain such other insurance or bonds as it shall determine from time to time to be desirable. Page 22 SECTION XIII. INSURANCE CONT. $. Insurance ~_U nit Owners. Unit Owners shall not be pro- ~iibited f rom carrying insurance for their own benefit pro- vided that all such policies shall contain waivers of subrogation against all other parties insured by the com- prehensive general liability insurance of Paragraph #4, and further provided that the liability of the carriers issuing the insurance obtained by the Council shall not be affect- ed or diminished by reason of any such additional insurance coverage by any Unit Owner. In no event, however, shall th insurance coverage obtained and maintained by the Council hereunder be brought into contribution with insurance pur- chased by individual Unit Owners or their mortgagees. 9. Filinc~of Individual Policies. Each Unit Owner shall file any individual policies of insurance (excluding policies _ restricted to personal property) with the Council within thirty {30) days after purchase thereof. The Council shall maintain the file thereof. 10. Premiums. Premiums.upvn insurance policies purchased by the Council shall be paid as a Common Expense. 11. Trustee. All insurance policies purchased by the Council shall be for the benefit of the Council, the Unit Owners anc their mortgagees, as their interests may appear, and shall provide that all proceeds covering property lasses under $10,000 shall be payable to the Council and all proceeds covering losses in excess of that amount shall be paid to a bank with trust powers, insured by an agency of the Unites States, or to such other person or entity as is acceptable to the Council., and the insurance carrier, which trustee is herein ref erred to as the "Trustee". The Trustee shall not be liable for payment of premiums nor far the renewal or thf sufficiency of the policies, nor for the failure to collect any insurance proceeds. The duty of the Trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Council, the Unit Owners and their mort- gagees in the following shares: (a) Common Elements. Proceeds on account of damage to Common Elements an undivided share for each Unit Owner, such share being the same as the ;percentage of undivided interest of such Unit Owner as set forth in the Declaration. (b) Units. Proceeds on account of damage to Units shall be he d in the following undivided shares: (i) When a building is to be restored--for the Owners of damaged units in proportion to the cost of repairing Page 23 SECTION XIII. INSURANCE CONT. il.(b)(i)(cont.) the damage suffered by each Unit Owner, which cost shall be determined by the Council. (Damage suffered by a Unit Owner shall not be deemed to in- clude damage to any items specifically excluded from insurance coverage, pursuant to the provisions of paragraph 2 hereof). (ii) When a building is not to be restored--an indi- vidual share for each Unit Owner, such share being the same proportion as the Unit's percentage of ownership of undivided interests as set forth in the Declaration, bears to the total percentage of ownership of the units not to be restored, (c) Mor` tga-gees. In the event a mortgagee endorsement has been issued, with respect to a particular unit, the share of the Unit Owners shall be held in trust far the mortgagee and the Unit Owner as their interests may appear; provided, however, that no mortgagee shall have the right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired. 12. Distribution of Insurance Proceeds by Trustee. Proceeds of ' insurance policies received by the Trustee shall be distri- buted to or for the benefit of benef icial owners in the fol- lowing manner; (a) Expense of the Trust. All expenses of the Trustee shall be first paid or provision made therefor. {b) Reconstruction or Re air. If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof in accordance with the provisions of Section XIV below. Any proceeds remaining after defraying such costs shall be dis- tributed to the beneficial owners, remittance to Unit Owners and their mortgagees being payable jointly to them. This provision shall be deemed a covenant for the benefit of any mortgagee of a unit and may be enfarced by such mortgagee. (c) Failure to Reconstruct or Repair. If it is determined in the manner provided~in Section XIV that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. This provision shall also be deemed a covenant for the benefit of any mortgagee of a unit and may be enforced by such a mortgagee. Page 24 SECTION XIII. INSURANCE CONT. (d) Certificate. In making distribution to a Unit Owner and t-zeir mortgagees, the Trustees may rely upon a certi- ficate issued by the Council as to the names of the Unit Owners and their respective shares of the distribution, and ~~ith respect to the names of mortgagees, may rely upon a certificate from any attorney-at-law who has examined the title records and/or documents, as to the names of the tiolc] of mortgages of record . 13. Council as Owner's Agent. The Council is hereby irrevvcabl appointed agent for each owner of a mortgage or other lien upon a unit and far each owner of any other interest in the Condominium Property to adjust all claims arising under in- surance policies purchased by the Council, and to execute and deliver releases upon the payment of claims. SECTION XIV. REPAIR OR RECONSTRUCTIOtJ 1. Dama a or Destruction. (a Rep Except as otherwise provided by law or herein damage to or destruction of any of the buildings comprisinc the Property shall be promptly repaired and restored by Council using, to .the extent available the proceeds of iT~ surance held by the Council or the Trustee for that purpose and to the extent of the availability of the proceeds of any insurance carried by the Unit Owners shall be liable f~ assessment for any deficiency in such proceeds in proporti~ to their respective undivided interests in the Common Elem~ The Council shall be responsible for accomplishing the ful repair or reconstruction which shall be paid from the in-~ surance proceeds and assessments as above provided. Unit Owners may apply the proceeds fram their individual insura policies, if any to the share of such assessments. The Co cif shall be responsible for restoring the Property only t substantially the same condition as it was immediately pri to the damage, and each Unit Owner shall personally assume the additional expense of any improvements to his unit whi he desires to restore beyond such condition. If any chang are made in the basic construction of any restored unit or the Common Areas, or both, the Council shall record an amended Declaration Plan encompassing such changes pursuan to its power of attarney contained in Article XIV of the Declaration. (b) Termination. Notwithstanding anything contained in this Section XIV to the contrary, if (i) there is substantially total destruction of one. or more of the buildings comprising part of the Condc Page 25 SECTION XIV. REPAIR OR F.ECONSTRUCTION CONT. l.(b)(i)(cont.) minium Property, the existence of which condition shall be conclusively determined by a unanimous vote of the Council members rendered within thirty (30) days after the damage, and by the concurrence of the insurers thereof; or (ii} Unit Owners directly affected by damage to or destruction of one or more of such buildings and en- titled to cast seventy-five percent (75~) of the votes of all said Unit Owners directly affected thereby duly resolve within sixty (60) days after final receipt of at least three (3) contractor's bids and the final insur- ance adjustment, not to proceed with repair and restora- tion, then, and in those events only, the destroyed portions of the Condominium Property shall be removed from the provisions of the Declaration and Act and the Condominium farm of ownership of such portion of the Condominium Property shall be terminated upon the proper recording of a statement of termination not less than thirty (30) days after the determination to terminate the Condominium form of ownership of such Property. Upon the termination of the Condominium form of ownership, the salvage value of the Property shall be subject to partition at the suit of any Unit Owner, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the Council ar the Trustee, shall be considered as one fund and shall be divided among all Unit Owners in proportion to their respective undivided ownership of the Common Areas, after dis- charging, out of the respective shares of Unit Owners, to the extent sufficient for the purpose, all mortgages and other liens against the units of such Unit Owners. 2. Right of First Refusal. Notwithstanding anything contained in Section XIV to the contrary, the Condominium form of ownership of destroyed Condominium Property will not be ter- minated, in spite of a decision by the Unit Owners directly affected by such damage or destruction to terminate the Condominium form of ownership pursuant to Section XIV (1) (b) hereof, if the remaining Unit Owners of the undamaged building or buildings, if any, comprising part~of the Condominium Property entitled to cast in excess of fifty percent (50~) of the votes of all such remaining Unit Owners, with the consent of all the holders of mortgages permitted hereunder on their units, within thirty (30) days after the determina- tion is made to terminate the Condominium form of acvnership pursuant to Section XIV (1) above (i) authorize and direct the Council, on behalf of the Unit Owners, to purchase all, but not less than all, of the units in the damaged building or buildings and (ii) also offer in writing, through the Page 26 SECTIO[1 XIV. REPAIR OR RECONSTRUCTION CONT. 2.(cont.) Council, to purchase the units of all remaining dissenting Unit Owners who voted against purchasing such damaged units for a purchase price equal to the then current value of the damaged units and units of the dissenting Unit Owners, with the value of each such unit being conclusively deemed to be an amount of money equal to the sum of the most recent appraised value of the Condominium Property made pursuant to Section XIII hereof and the value of any improvements to the Property which were not reflected in such most recent appraised value multiplied by such unit's percentage interest in the Common Elements. If the Council does offer in writing to purchase the damaged units and the units of the dissenting Unit Owners pursuant hereto, the Unit Owners of the damaged units and the dissenting Unit Owners shall be obligated to accept such offer and to cooperate in the consummation of the sale of their units as hereinafter provided. The persons who are .remaining Unit Owners acting as a group shall have the right, at the group's option, ( to be exercised in the offer to purchase the damaged units and the units of dissent- ing Unit Owners) , of either, { :i) requiring any or all of the Owners of damaged units and any ar all of the dissenting Unit Owners to convey title to each unit purchased pursuant to this section XIV (2) which is good and marketable and free of all liens and encumbrances except for such liens or en- cumbrances as may be in existence at the time of the grant of the original deed to such unit from the Sponsor to the first purchaser of such unit or {ii) if a unit is subject to liens and encumbrances at the time of the closing for the pur- chase made pursuant to this Section XIV (2} taking title to any such unit under and subject to such liens or encumbrances and deducting from the purchase price the sum necessary to dis- charge all such liens or encumbrances. If the remaining Unit Owners elect to have the Council purchase the damaged units, the Council shall be entitled to receive all net in- surance proceeds of the Council's insurance policies attri- butable to the damaged units, which proceeds shall be applied to pay the purchase price of the damaged units and the des- troyed unit, and shall be deducted from the purchase price payable by the Council. If the net insurance proceeds are insuf- ficient. to pay the aggregate purchase pr. ices of all damaged units, such deficiency shall be assessed against the remain- ing Unit Owners as a Common Expense. The expense of pur- chasing the units of dissenting Unit Owners shall be assessed against the remaining Unit Owners as a Common Expense. The Council may borrow all or part of the funds necessary to effect any such purchase and may create a mortgage against the units} to secure such indebtedness. All closings pursuant to this Section XIV shall be held not later than the later of (i) sixty {6tl) days following the Council's receipt of all insurance proceeds, or (ii) sixty (60) days after the remaining Unit Owners shall have voted not to terminate the Condominium form of ownership. Page 27 SECTION XIV. REPAIR OR RECONSTRUCTION CONT. 3. Unit Owners Directly Affected Thereby. For purposes of this Section XIV only, the term "Unit Owner directly affected thereby" shall mean all Unit Owners in the damaged build- ing or buildings comprising part of the Property. 4. Eminent Domain. A taking of, injury t.o, or destruction of part or all other- Property by the power, or a power in the nature, of eminent domain or by the action or deed in lieu of condemnation, shall be considered t:o be included in the term "damage or destruction" for purpases of this Section XIV, and the proceeds of the eminent domain taking shall be treated in the same manner as insuY~ance proceeds. When- ever all or part of the Cornman Elements shall be taken, injured or destroyed by eminent domain, each Unit Owner shall be entitled to notice thereof and to participate in the pro- ceedings incident thereto, but in any proceedings for the determination of damages, such damage shall be determined for such taking, injury or destruction as a whole and not for each Unit Owner's interest therein. SECTION XV. MISCELLANEOUS 1. Examination of Books. Each Unit Ownez-, together with his attorney and accountant if he so elects, shall, upon five (S} days prior written notice to the Council, be permitted to examine the books of account of the Council at a rea- sonable time on business days. 2. Financing Purchase of Units by Council. Acquisition of units by the council on behalf of all Unit Owners may be made from the working capital in the bands of the Council, or if such funds are insufficient, the Council may levy an assessment against each unit in proportion to the ap- purtenant ownership in the common areas, which assessment shall be enforceable in the same manner as COmmon Charges, or the Council may in its descretion, borrow money to fin- ance the acquisition of such Unit{s) provided, however, that no financing may be secured by an encumbrance or hypotheca- tion of any property other than the unit itself together with the appurtenant interests thereto. Notwithstanding any rights of the Council under this paragraph or under any other provision of these Regulations, the Council and/or the Condominium cannot at any time hold title to more than ten percent {10~} of the total number of units in the Condominium. 3. Annual Audit. The Council shall submit the books, records and memoran a to an annual audit by a disinterested certified public accountant who shall audit the same and render a report thereon in writing to the Council and in summary form Page 28 SECTION XV. P9ISCELLANEOUS CON'I' . 3.(cont.) to the members and such other persons, firms or corporations as may be entitled to same. An interim special audit of the books and records shall be prepared, at the Condominium's expense, at the time the Sponsor turns control of the Council over to the Unit Owners. 4. Notices. All I1Qt1CC'S hereunder to the Condominium shall be sent by registered or certified mail to the Council in care of the President of the Condominium with a copy to the manag- ing agent if there be a managing agent. All notices to any Unit Owner shall be sent by first class mail, postage pre- paid, to the unit address, or to such other address as may have been designated by the Owner from time to time in writ- ing to the Council. All notices shall be deemed to have been given when mailed except notices of change of address which .s hall be deemed to have been given when received. 5. Invalidity. The invalidity of any part of the Code of Regu- lations shall not impair or affect in any manner the enforce- ability or effect of the ba:Lance of i~he Code of Regulations. 6. ~~laiver. No restriction, condition, obligation or covenant contained in these Regulations shall be deemed to have been ahrogated or waived by reason of the failure to en- force the same irrespective of the number of violations or breaches thereof which may occur. 7. Documents. Council shall, upon request of any Unit O~~ners, and upon payment by such Unit Owner of the reasonable charges therefor, provide to the Unit Owner for delivery to pro- spective purchasers copies of the audited financial state- ments of the Condominium for the preceding two (2) years; copies of the Declaration, ;Declaration Plan and Code of Regulations, including any amendments thereto; and copies of any engineering or architectural :studies or examinations performed within two (2) years preceding the request concern- ing the building(s), Common Elements ~or any components thereof 8. Leases. Notwithstanding any provision hereof to the contrary, a Unit Owner may not lease less than his entire unit, and may not lease his unit for a period of less than thirty (30) days, without the prior written approval of Council, which approval may be withheld by Council in its sole discretion. SECTION XVI. CONI'LICTS These Regulations are intended to comply with 'the requirements of the Unit Property Act of the Commonwealth of Pennsylvania. In the case Page 29 SECTION XVI. CONT. CONFLICTS of any conflict between these Regulations and they provisions of the Unit Property Act, the Declaration or any other law, statute or regu- lation, the provisions of said statute(s) or of the Declaration, as the case may be shall control. IN WITNESS WHEREOF, the undersigned members of the Council adopt this within Code of Regulations this ^~'r~ day of ~~ 1979 . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this ~~ day of ~~ U'(/V J, 1979, before me, a Notary Public, personally appeared ,~ ~~ ~~ ~~, ,TO: who acknowledged themselves to be all the members of the Council of the SUNGUILD CONDOMINIUM and acknowledged that they adopted and exe- cuted the foregoing Code of Regulations for the purposes therein con- tained. WITNESS my hand and notarial seal the day and year aforesaid. My Commission Expires: JACQUELINE !. ROYISER, NOTARY PUBLIC ( SEAL ) SLATE COLI_ECE DORO, CLN1Itf Cr)tINiY ~rtY CraMFdISSION EXf•11iE5 OCI. 3, 1983 IY1emb_r, Aennsgivanr.~ ~~.;g,,~~h~~l CI FaGt3rie5 JOINDER OF MORTGAGEE Cambria Savings and Loan Assaciation of Johnstown, Cambria County, Pennsylvania, mortgagee of the property made subject to the Sunguild Condominium, joins in the foregoing instrument for the pur- pose of evidencing its consent to and rendering its interest as mort- gagee subject to and governed by the provisions thereof. ATTEST: CAMBRIA SAVINGS AND LOAN ASSOCIATION ,.,,jA~.. y S ~cretar % ( Vice ) Pres idi~nt ~: SEAL } ~~~ COMMONWEALTH OF PENNSYLVANIA } SS; COUNTY OF CAMBRIA } ~/ /• On this, the ~-~~ day of ~f(~,,,«..:~~e_~-~~ , 1979, before me, a nota~r/}y -public, the undersigned officer, personally appeared /~~~t..ic.J /~". /u ,~~c.,~-t~~ , who acknowledged himself to be U ' Vice President of CAMBRIA SAVINGS AND LOAN ASSOCIATION, a Pennsylvania savings and loan association, and that he, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the association by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,~ --~ / r r~~ ^ Notary Public My Commission Expires: (SEAL ) F:AREIJ L. ~dkRTlM, t!^!~'y Public ~Ay Commission Expirea Junz 21, 1~fi2 E X H I B I T c 09-r95-'12 Q9:44 ~'~~~5 Pst-.~irx asps Return ~o= lst Advanta~ge.Sattieruent Setwices~Inc~ 6375 Mercury l7rive Suite t 02 Mechar~icsbutg, FA 17050 717-~91-7755 Filo No. 07049 Parcct lb# 42-Z4A?92-041A-U640t2 ~~~ ~#E~t1~r~, mach the 3t'klt day of April, 2007, ~ti~att'tt T-647 F~®04/I~H12 F-876 r~ ~,Yy'~.L:.~Ij':'~.~ r, z~ ~~~ ~ fl~ s of SE}~'EI~;IC~N ~AI~ SIB13V! TO YO~iK FlE~F~tAL $AYINC$ AND l[AAN A~SSbCrA~oN (k~ainaRer called the Gtaittae), of the one part, and SEAN pEARLIIIi'AN (hereirraft~r called tint Grange), of the other pert, 'tttltf~t!t~,..durt Cite sMid' Grantor for aad is corraideration of the• sum of NitMtt~r lKtve. Tit.rrrtad Doi>Etti~ i8ft08 {:eti),dtwlbl m~Y of #Ise United Steeea of America, unto h weli~ aad truly P~ by th~r said ad utr befsfre tl~e sestGttpl and ,tklivtxy hetoo$ the teoeipt vMLaeof is 6e~by ackaowkid8iod, ~ g~trtad, herg~ad ara<i abJd, rdearad end cepl4nnod, aed bi' tlteae pr+eseatsdoes grant, lstr~airr and sell,: release and cantlrm uato the said Grantoe, at sak uownot ALL T1iAT CERTAIN dweilirrg writ aipuated in Sua~tild Condomiaiurn, Upper Allen Towtuhip, Cwnberl~od Ctxyrty, ~'emtaylvania, d!esi~gnttted as rTnlt No. 1080-ia, in tAe l)eel4ratiott std T?eclssatian Plant of Sun~tild Cortlioes~irun, dated Deooraber 6, 1979 and Nov~etnber x9, 1979 t+espectivety, rocotdad December 12, 1979 in C'>~erirnd Covpty Milo, Bootc 249, pa®e 784~and Platt ~Hopk 37, pagq 23 r+espec~fively; Amendtnettt to the d7~eola~iott mtd Dictantion Plase of Sttttptild Cottdott:initun boot dttt+e8 February Zi;, ~19a6, both t+ecufdat! Mash 31, 1986, Irt CumberliNtd Coratry ]tytiac: Hook 31 i, page 804 and Pttin Book 49, pitgo 1x9, msgaatiwely, lead Second Araeadfnogt to I~eCliration of Surrgsild Cgtdornittitnn dtite~ May 2S, 1958, tecw+cletl Tune 8, I988; ill Csunberland County Ivfisc.:B'oolc 3~0, pdgie 753 under tine prvvisiona of the Uaa Property Act of fire Cornmonwealtli of Feaneylraaia (,~,Ct of July 3, I9K3, P.l... No. 196). 7bGt?TF~ER with all right of tttb turd intbtWtt of, iat and bo the Common Elanonta as mom 1Firlty sett fords its the aformalid laeeiaratio~n of Cortdatttittium and DeclstntioA plans, its amonded fmrn tiara is time. TFtE Q"iRANTEE, for and on beha!£ of lire Grantee and the Gratttee"s heirs, persvoal ropr+eserttatives, strccbsaors aad assigtrs, try t~ acpeptanae of thn dead, covaaant and agree to pay such Charges for flue maintenanoc ot; repairs ter, replacement of and Cxp BQ4K ~S~ p;~GEf 09-~5-'12 09;41 T-647 P0005i0011 F-876 in ooantdion whit the Cattttnaa Bletnesnt5 as rrssry he asae~sesd from tuna to time by ti-e Executive iBaard in a~covrdanee wi6a the Unit Property Act of Penn~sylvan~a; and firrtlrer, oov~eataett wtd agrees flat fho `refit aonveyod by lfiis flood sbatl bo sabject to a charge for All amor»th se s>saosaad and tltit, esxcapt iasnPsr as Soctloeta 70S and 70t5 of said YJnit RrapatyM:t xad of ttpplieable 5eotiorat of fire Uniform Condominium Act, ntay relieve a sttbaaerydeft iquk eyNierer+r of,hsbil[ty fnr prior unpaid aaaet'ts, ZH~ covpfant shall run with and bind die brgd.ex unit hereby conveyed aafd sit subavgc~eart owns thereof. THE GRAIVT'EB, for and oa behalf of the Graatae, and the Grantee's heir, persoeisl r+opes~Itgtives, suexesaara~a:Hl assigns, by acceptemeas of Chia deed, aoknowlodge tftad this caaiksiranex is ~ubjod in evray rospect to the Declaaystion, the. Ikclaaation Plat, Coda of Regubeiene :*rtd~ all aatardnteafta theratio; and the flu~dter aalauowlexiges that each and stay .paso'viaion df t)te foa+ep~uietg is osamttie! tv the bast mtestast and for fife berieflt of all emit vtsvak:ra ~naiu Graaiee and all owners of the oaks in said torxlominiuan ooveaa't attd agree, as a covedtaait Homing with the tam, to abide by cacti surd e:vspry provision afuid daauatei~s. T6c Gaaetlbq lba' and on beiudf of the Grantee, adcnorvledge that the Grantee has cnoeu"rrod, aro latker taster fdieson (1S) days prior to this CoafveyanCe, a fuA And complete Publh:'Od~orittg Stat~aat for Stu-puiid Cottdotnieituat said, tlterefnre, waive any and stl rights wtdet sJeetic~ 3406(e) of the Uarifcren Coafdtrminiutn Act, as amended. 111~~ts the saute pasatniaet whieb 'l'}fotnas Kline, Shari#f of the County of Cumberland, by Etaod derteid~ 1Fetssueay 7. 2007, and tseeorded Marla 5, 2007, in tdee Uffice of the Recorder. of I)eods itt strd for the Cotsaty of Gumberbmd, Peansytvaar#a, tin R~ocerd Book 278, Page 49112, grunted~aatd eouveyod uMo Soveroidn.liaNc oJb/m to York Pederat Savitfgs sasd Loan Aaso~ation, graMvrs lratsein. all std singule~ the building: and improvesmetpa, warya, streets, alkyl, drivexrvuys, poasagastc,.waters, rtral~eo~ea,,righta, libext~s, privileges, heredity ar;ld appnrMetranoes, v~+hatsoever easbo the hee+eby gamed pf+wti~s baloa~p~g, or in anywise appertwtping, and than rewenciopa. acrd ~~- ' sad pe~ofst: theroof; and all tyre estate, right, title, itrtetscat, property, cbtim and deattawd ~vlertaoevaRC of ~ t9to avid granbt, as wdl at law as in equity, of, in and hi the same. 9C0 ' ~ 17D ) the said lot or piece of gavund daacrihad A~Ye, with tlfe build'etrgs and itaQr+aveob flteioou astaooed„ harodidmntat's aa~ pt+emiaes hereby granted, or mentioned and inh+oeled so to he, with tlfa apprurbaancas. unto the'said Graartne, his hairs and assigns, tp and lion the only pmper use and besheal'of $[e said C'x~rrtars„ his heirs nerd asaigats, fr-rever. ~tN'#~ 1be nerd fnea0or, fvr rbc~. etx saocoaatus and ensigns, does, by these pt+eaerrta, eavesant, gent and aje+ee, by aad~wi$f tote said~Graattee, 4~ hieQS and as~gos, thaet it, the said Gruettor, end fits succasaorz-and aaaiRns, ail sad aittgriitq~ ~o best+edi~aarrts attd paanises haesein described said , ~ ~ and iae+saelpti m tio~ ba, with the ~~, ttefm the said Grarttoe, his hairs and asaigna, again# it, the slid C?rnarraoe; sad its anaoasaors aayd itesti®a:y wi11 waaraaft ~' detogd agr~ the lawful cLims of all parsons c6 by. pt tiatdar t>>e said Gruffer but not alherwise. bOQ1c Z~O PACE~.~}g _~..~..... ---- ~ ----.....-~.,_,- ,.,_._.__r,,.w. _.__ -.--....._. @9-C5-'12 @9:44 T-647 P@@@6/@@11 F-876 fit ~~1It~ tlOf, the party of the first part has caused its Coramo~ said catporsiC seal to ha a~tced ~ ~. by the hand of ita E~detrt, and tlra sutne m be duly attaahd by its Secretary_ Ihted tha dxyaad yair first above writrc+n. ST; ' ~~~ , {SEAL } 30YIIt»GTr BANK 9/q/!It TO YORK. F~1F.Ri-~. gl-VH~IC~ A~TD I.QAN A9144CIATION $y: ..:~ lth ogPk~xyh+aois ~ ss ~rnY ~ ~r K~S ~ AND crow, this 30th day of April. a0t)7, befiore me, tho,uodeeai~red Notary Public, appoar+ed who aclraawled®od hir>KsoiOherself to bo the (title) of 9oMet^ttl~a Aqk b Y Fedatd 6aantaip ~nrd Y.wa Aaveaalio~t, a carpgra~vn, and lre/the, as such r'f.C1(~,~ (t,~/s) yalu$ so~oritaed to do so, etcecuted th+s fartBgittg tho" dttu+ain ~irtad by si~t#ng the isaote ofthe oorpcxatlori by himeaif/het'self sa~ ~~._ (t;~!'e). IN WTTNESB tel: , X bons set miy hand aad oitieial earl. Sltanc~an Nz. ;,'+i~~}hr, ~eu:r~f CHy of Ree•zi~, 9ktks Uoun~Y ~ Pldllics ~ Cipi i :. x~J'i x5 QCt 4.2008 Mary 11~ty cortrniis8ion a rsa Mombv-, PenneylvsrN~ Asod~ ~ NoteAae ~ - "~ P~~ e+esidouco and the'carr~plete post office addrAas ofthe ebov'o-~ramcd Grantee is: ti~I2 Ceaev9 i)rive ll~ecinnkabs~rg, pA I79Sd Q~f'behilf ofihd G ~~g~~~~ ~~~ ~ ~ ~ ~ t r ~ ~ ~ ~~ Y w ~ ~ acio 280 Pic ~~s~~~~~~`s$~~ 89-05-' 12 09:45 I. T-647 P0007/8011 F-876 ~ `~ h ti ~ 'Q .~ R! a .~ ~ w n .--~ ~ ~ _ ~~ 4 ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ °a n fi ~ ~' ~ ~~ ~ -- ~ ~' ~ i%~ ~ n ~ ~~ ~ ~. ~ ~ il, F t C~c',tily this to be recorded i~~ Cumberland County ~A ..~- i ~~.r ~~,. :`,~~. ~' "" Recorder of Deeds b00K 2~a PAGE~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINENTH JUDICIAL DISTRICT ' ~' :~ COMMONWEALTH OF PENNSYLVANIA ~ -~ ~ ^~ *~ ~ s r°n ~~ ~ ._. N ~- _ ~ ; , ~~; ~. . SUNGUILD CONDOMINIUM ASSOCIATION ~`;;`: -o ,, ~'~ ?._ .~ ~~ - F. _ Plaintiff, ri'; vs. SEAN PEARLMAN, deceased, his heirs, devisees and personal representatives and his, their or any of their successors in right, title and interest, THE ESTATE OFSEAN PEARLMAN, Defendants. PRAECIPE FOR ENTRY OF APPEARANCE To Prothonotary: No. 2..~.3 (.,IU/ L / 7 ~, ~,-, Kindly enter my appearance as counsel for Plaintiff, Cherrington Condominium Association. Papers may be served at the address below appearing. HERRICK, FEINSTEIN LLP ELLEN M. GOODMAN, ESQUIRE Supreme Court I.D. No. 306608 Attorneys for Plaintiff 210 Carnegie Center Princeton, New Jersey 08540 egoodman@herrick.com tel. 609.452.3800 fax. 609.520.9095 Dated: September 20, 2012 HF7682382v.1#15967/0005 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY --i it ., , . . ~ ~7 _ -, a f: L~ .~ ,, ..; ~ .. Sunguild Condominium Association Case Number vs. Estate of Sean Pearlman 2012-5937 SHERIFF'S RETURN OF SERVICE 09/25!2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Estate of Sean Pearlman c/o Pamela Hostetler, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Notice and Complaint to Foreclosure Condominium Lien according to law. 10/09/2012 06:00 PM -fork County Return: And now October 9, 2012 at 1800 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Estate of Sean Pearlman by making known unto Alan Hostetler, adult in charge for Estate of Sean Pearlman and Husband of Pamela Hostetler at 100 Old Quaker Road, Etters, Pennsylvania 17319 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 22, 2012 SO ANSWERS, t~~--~-~,_..- RON ~ R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY A Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations . Chief Deputy, Administration SUNGUILD CONDOMINIUM ASSOCIATION Case Number vs. 12-5937 CIVIL ESTATE OF SEAN PEARLMAN, SHERIFF'S RETURN OF SERVICE 10/09/2012 06:00 PM -DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVILACTION (CICA) BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ALAN HOSTETLER, SPOUSE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR ESTATE OF SEAN PEARLMAN, AT 100 OLD QUAKER ROAD, C/O PAMELA HOSTETLER, ETTERS, PA 17319. '~ O D STA L, DEPUTY SHERIFF COST: $82.9G October 16, 2012 NOTARY SO A S, l RICHA D P KE RLEBER, SHERIFF COMMONWEAL7;-? OF ~'~ ~lt?SYLVANIA Wotarial See` __.__..__._. Sheila C. Cook, Nvtvey 1'~btic Springettabury Twp., York County M Gatttfrlf~pji®n Ex~lreq Feb. 1, 2013 M9fnbdF, dRfl4 V~flla f65{~161p]lltstti isi Mt3tAtles Affirmed and subscribed to before me this ~' ;' 16TH day of OCTOBER 2012 .~. ~'/',CL;-E~~. d/Y~ ,,~.,~~!/ SUNGUILD CONDOMINIUM ASSOCIATION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 2012 -5937 SEAN PEARLMAN Defendant PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter as satisfied, settled and discontinued in the Docket. DATED: /3-/V Respectfully submitted, SUNGUILD CONDOMINIUM ASSOCIATION C/O Select Property & Association Management 1000 North Prince Street Lancaster, PA 17603 717 - 735-8407 Plaintiff COMMONWEALTH OF PENN YLVAWA • SS.: COUNTY OF On this, the/ day of , before me, a Notary Public, the undersigned officer, personally appeared certx, who, being duly sworn or affirmed did say that he/s is the of Sunguild Condominium Association, and that said instrument was signed and sealed in behalf of said entity by authority of its Board of Directors, and he/she acknowledged said instrument to be its voluntary act and deed and that the same may be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No'dL/ (Itetexe Notary Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL VICKIE R. WELKER, Notary Public Camp Hill BDK)„ Cumberland County My Commission Expires March 4, 2015