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HomeMy WebLinkAbout14-0706 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9th Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON P LEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ The Walden Neighborhood Association 09 -3 -04 Honorable Kathryn H. Silcox ADDRESS OF APPELLANT CITY STATE ZIP CODE 600 Olde Hickory Road, Suite 100 Lancaster PA 17601 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 01/10/2014 The Walden Neighborhood Association VS Larry B. Strohecker DOCKET No. SIGNATURE OF APPELLANT OR A 0 EY OR AGENT /^ �t'S7Q a7LJL R �r CV- 0000385 -2013 This block will be signed ONLY when this notation is required under Pa tlant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. L/ This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon . appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by maivff"Mt V fling. A I NA00 (NVI � w Date: 20 Signature of Prothonotary or Deputy i f! lid 9- 83J 101 YOU MUST INCLUDE A COPY OF THE NOTI``E`4be SCRIPT FORM WITH THIS NOTICE OF APPEAL. 1 103, 60 AOPC 312 -05 �7S /-*30/ 366 f i - COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND I Case i t E Mag. Dist. No: MDJ- 09 -3 -04 The Walden Neighborhood Association MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road Larry B Strohecker Suite 110 Mechanicsburg, PA 1705.0 Telephone: 717 -697 -2201 The Walden Neighborhood Association Docket No: MJ- 09304 -CV- 0000385 -2013 600 Olde Hickory Road Suite 100 Case Filed: 10/31/2013 Lancaster, PA 17601 Disposition Summary (oc - cross complalnt) Docket No Plainti Defendant Disposition Disposition Date MJ- 09304 -CV- 0000385 -2013 The Walden Neighborhood Larry B Strohecker Judgment for Plaintiff 01/10/2014 Association Judgment Summary participant Joint/Several Liability Individual Liabilily Amount Larry 8 Strohecker $0.00 $442.67 $442.67 The Walden Neighborhood Association $0.00 $0.00 $0.00 Judgment Finding ( *Post Judgment) In the matter of The Walden Neighborhood Association vs. Larry B Strohecker on MJ- 09304 -CV- 0000385 -2013, on 1/10/2014 the judgment was awarded as follows: Judgment Component JoInt/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $300.00 $300.00 Costs $0.00 $5.00 $5.00 Filing Fees $0.00 $105.50 $105.50 Server Fees $0.00 $32.17 $32.17 Grand Total: $442.67 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT i HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a �� • ;' n Zt� n��C /1'0/' '$' unr} Pl cun•ti� ai led `b csta.bl;sh rovida or Jr. le_dc��. � ,.J�ve✓, �tfcnd�'�' a,. P'N' a13► r�, a1c.. ar�.� pad n� -►�'�" fir' I - t h _ l y � ' �\,, {yy 6 Mprrkt - 0 - Date The Honorable Silcox P certify t this is a true and correct copy of e record of the proceedings containing the judgment. { 1 Date Magisterial Distri ge 1 i MDJS 315 Page 1 of 2 Printed: 01/10/2014 2:27:43PM i The Walden Neighborhood Association ° : Docket No MJ=09304 -N- 0000385 -2013 V A , `Larry B Strohecker- s Participant List G I Plaintiffs) W alden Neighborhood Associa The tion 600 O lde Hickory Suite 100 ' Lancaster, PA 17601 Defendants) Larry B Strohecker }� 180= MeadoW,Lane Mechanicsburg, PA'17050 { k i . . f` MDJS 315 rage 2 of 2 Printed' 01 /1012014 2:27 :43PM f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C E Civil Division ao � THE WALDEN NEIGHBORHOOD, urn" r ASSOCIATION, PLAINTIFF, No. c vs. -i �j LARRY B. STROHECKER, PRAECIPE FOR ENTRY OF APPEARANCE DEFENDANT, TUCKER ARENSBERG, P.C. Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Telephone: 717 - 234 -4121 Facsimile: 717- 232 -6802 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Christopher E. Fisher and Tucker Arensberg, P.C., on behalf of the Plaintiff, The Walden Neighborhood Association. Respectfully submitted, TUCKER ARENSBERG, P.C. , nstopha E. isher I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717 -234 -4121 Facsimile: 717- 232 -6802 Attorneys for Plaintiff Dated: February 6, 2014 The Walden Neighborhood Association CERTIFICATE OF SERVICE AND NOW, this 6" day of February, 2014, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Larry B. Strohecker 180 Meadow Lane Mechanicsburg, PA 17050 Cfi it' ff rE. Fisher r' f HBGDB:118716 -1 026651- 149869 2 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division CO t , ---4 CD WALDEN NEIGHBORHOOD ASSOCIATION, Vic, C- Appellant/Plaintiff, No. 2014-0706 Civil c51 vs. LARRY B. STROHECKER, AFFIDAVIT OF SERVICE Appellee/Defendant. Filed on behalf of Appellant, Walden Neighborhood Association Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served ® a copy of the Notice of Appeal, Common Pleas No.2014-0706, upon the Magisterial District Judge designated therein on (date of service)February 7,2014, ❑ by personal service ® by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name) Larry B.Strohecker.,on February 7,2014 ❑by personal service ® by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 14 DAY OF February,2014 Signature of official befor=e whom of dav-t was made I C re affiant ChnsPiAer E. Fisher 43 1 LA i Title of offiera�l My commission expires one''"" ,20 E COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pauline Patti Thomas,Notary Public Lemoyne Boro,Cumberland County My Commission Expires March 24 2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES AOPC 312A-05 2 r Postal i CERTIFIED 1 RECEIPT rf-t (Domestic 1 No Insurance Coverage . .-r Q rn For delivery NE NIFMBUF P� r V ��• ft I4 11 •ems• Ln 'r.�' $1.191 y-UU14__ Postage $ CA4� Er Certified Fee $3.30" \mtiA� C3 Return Receipt Fee 2. 0 P He\re)-p E3 (Endorsement Required) y C3 Restricted Delivery Fee (Endorsement Required) O �Y .0 �- Total Postage&Fees #7.19 2IU7! 014 M sent To Honorable Kathryn K Silcox ry _,.5275 East Trindle Road,.. c`5 Street Apt.No.; O or Po Box No. i Suite110 City,state,ZIP+4 ; Mechanicsburg, PA=1.7050',, i"'""°---- .r Postal PS Form 3800,August 2006 See Reverse for Instructions RECEIPT CERTIFIED MAILT. .o (Domestic Mail Only, .• ru = For delivery L (e Information� - :G� Ln N Postage $ Cgs a' $ .30 Certified Fee % y nJ / � C3 Return Receipt Fee $2.71' Postmark p (Endorsement Required) _ t.. Here O �1N Restricted Delivery Fee �0.0iP (Endorsement Required) `� y OV.. Total Postage&Fees $7.19 �1210712U14�� M ru Sent To Larry B. Strohecker I r—:1 apt:KY;------- 180 Meadow Lane orFO Box No. Mechanicsbur PA 17050 �`- ---- ' City,State,ZIP+4 g PS Form :0r August 2006 See Reverse for Instructions 3 CERTIFICATE OF SERVICE AND NOW, this 14th day of February, 2014, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Appellant, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Larry B. Strohecker 180 Meadow Lane Mechanicsburg, PA 17050 i 31 1-1st phe . Fisher H B G D B:142333-1 029475-163107 I I 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division WALDEN NEIGHBORHOOD • ASSOCIATION, : Appellant/Plaintiff, : No. 2014-0706 Civil z r ' pp cnr` -z,!_ N try ` ' • VS. • -YF LARRY B. STROHECKER, : COMPLAINT Appellee/Defendant. : • • : Filed on behalf of Appellant, : Walden Neighborhood Association : Counsel of Record for This Party: : TUCKER ARENSBERG, P.C. : Christopher E. Fisher : PA I.D. No. 201395 : 2 Lemoyne Drive, Suite 200 : Lemoyne, PA 17043 : Telephone: 717-234-4121 : Facsimile: 717-232-6802 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division • WALDEN NEIGHBORHOOD • ASSOCIATION, • Appellant/Plaintiff, : No. 2014-0706 Civil • vs. • LARRY B. STROHECKER, : COMPLAINT Appellee/Defendant. : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy 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 of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 -Toll Free (800) 990-9108 AVISO Le han demandado en code. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) digs despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la code sus defensas u objeciones a las 2 demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra Ia corte sin aviso adicional para cualquier dinero demandado en Ia queja o para cualquier otra demanda o relevaciOn pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 TUCKER ARENSBERG, P.C. - . is •• E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Attorneys for Plaintiff/Appellant, Walden Neighborhood Association 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division • WALDEN NEIGHBORHOOD • ASSOCIATION, Appellant/Plaintiff, : No. 2014-0706 Civil • vs. LARRY B. STROHECKER, : COMPLAINT Appellee/Defendant. : COMPLAINT AND NOW COMES the Plaintiff, Walden Neighborhood Association, by and through its attorneys, Tucker Arensberg, P.C., to state the following Complaint against the Defendant, Larry B. Strohecker, and in support thereof avers as follows: 1. Plaintiff, Walden Neighborhood Association ("Association") is a homeowners association with a principal business address located at 600 Olde Hickory Road, Suite 100, Lancaster, PA 17601. 2. Defendant, Larry B. Strohecker ("Strohecker") is an adult individual with a mailing address of 180 Meadow Lane, Mechanicsburg, PA 17050 and a residence located at Unit Number 707, 115 Putnam Way, Mechanicsburg, PA 17050. 3. Strohecker is the title owner and occupant of real property known as Unit Number 707, at 115 Putnam Way, Mechanicsburg, PA 17050, located in Walden, a planned community. A true and correct copy of the Deed evidencing Strohecker's ownership of the property is attached hereto as Exhibit "A." 4 4. All of the homes in Walden, including Strohecker's property, are subject to the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Walden, a Planned Community in Silver Spring Township, Cumberland County, Pennsylvania ("Declaration"), originally recorded with the Cumberland County Recorder of Deeds at Instrument No. 200732950, and subsequently amended nine times pursuant to Section 2.6 of the Declaration, with each amendment being recorded with the Cumberland County Recorder of Deeds. A true and correct copy of the relevant portions of the Declaration is attached hereto as Exhibit BB A 5. The Declaration was made pursuant to the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §5101 et seq. 6. The Declaration establishes the Association and grants certain rights to the Association, including the right to establish and collect monthly assessments for common expenses benefitting Walden. 7. Pursuant to Section 5.11 of the Declaration, property owners, including Strohecker, are required to pay monthly assessments established by the Association no later than the first day of each calendar month. 8. In the event property owners, including Strohecker, do not timely pay monthly assessments, such property owners are liable for late fees, interest on unpaid assessments at the rate of 15% per annum, costs of collection, court costs and reasonable attorney's fees. 9. Strohecker has failed or refused to pay monthly assessments since as early as April of 2012. 5 10. The total amount due and owing by Strohecker as of the date of this Complaint is $3,667.63, which includes monthly assessments, late fees and the costs of collection. 11. A statement detailing the amounts due and owing by Strohecker as of the date of this Complaint is attached hereto as Exhibit "C." 12. Monthly assessments, late fees, interest at the rate of 15% per annum, cost of collection, court costs and reasonable attorney's fees continue to accrue. 13. The Association initiated a civil action in Magisterial District Court against Strohecker to recover the then-outstanding amounts, but the Magisterial District Judge failed to award the full amount that remains due and owing. A copy of the Notice of Judgment is attached hereto as Exhibit "D." COUNT I Breach of Contract 14. The averments of Paragraphs 1 through 13 above are incorporated herein as if set forth in their entirety. 15. The Declaration constitutes a valid, binding and enforceable contract between Strohecker and the Association. 16. The Declaration obligates Strohecker to pay the monthly assessments established by the Association for common expenses and/or special assessments. 17. Strohecker breached the Declaration by failing or refusing to pay the assessments established by the Association. 18. The Association is entitled to enforce the obligations of the Declaration against Strohecker. 6 19. Pursuant to the Declaration, Strohecker is liable to the Association for monthly assessments, interest at the rate of 15% per annum, costs of collection, court costs and reasonable attorney's fees. 20. The damages suffered by the Association arising from Strohecker's breach of contract as of the date of this Complaint are $3,667.63 and continue to accrue. WHEREFORE, the Plaintiff, Walden Neighborhood Association, respectfully requests this Honorable Court to enter judgment in its favor and against the Defendant, Larry B. Strohecker, in the amount of $3,667.63, plus pre judgment and post-judgment interest thereon at the rate of 15% per annum, attorney's fees and the costs of suit, along with any other relief to which it is entitled. COUNT II Unjust Enrichment 21. The averments of Paragraphs 1 through 20 above are incorporated herein as if set forth in their entirety. 22. The Association has provided Strohecker with significant benefits, namely the management of Walden's common areas, the payment of common expenses and maintenance of the exterior walls of Strohecker's residence, benefitting Strohecker and his property. 23. Strohecker has accepted, retained and enjoyed the benefits conferred upon him by the Association. 24. The benefits conferred upon Strohecker by the Association are valued, as of the date of this Complaint, at $3,667.63. 7 • 25. It would be unjust for Strohecker to retain the benefits conferred upon him without paying the Association the required monthly assessments. 26. The value of the benefits conferred upon Strohecker continues to increase as Strohecker fails or refuses to make each monthly assessment payment. WHEREFORE, the Plaintiff, Walden Neighborhood Association, respectfully requests this Honorable Court to enter judgment in its favor and against the Defendant, Larry B. Strohecker, in the amount of $3,667.63, plus pre-judgment and post-judgment interest thereon at the rate of 15% per annum, attorney's fees and the costs of suit, along with any other relief to which it is entitled. TUCKER ARENSBERG, P.C. Dated: 02/z c/v By: ' Christop er E. Fisher /� /PA I.D. No. 201395 G ,i 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Attorneys for Plaintiff/Appellant, Walden Neighborhood Association 8 Exhibit A k 110111111111 PREPARED BY: Regent Settlements,L.P. 1190 Dillerville Road,Lancaster,PA 17601 RECORD AND RETURN TO: Regent Settlements,L.P. 1190 Dillerville Road,Lancaster,PA 17601 Account Number: 38-07-0459-323 U 707 Premises: 115 PUTNAM WAY,MECHANICSBURG,PA 17050 File No. 11-34358C This Indenture, Made the 29th day of November,2011. Between CHARTER HOMES AT CROSSROADS,INC.,A PENNSYLVANIA CORPORATION (hereinafter called the Grantor),of the one part,and LARRY B. STROHECKER,ADULT INDIVIDUAL (hereinafter called the Grantee),of the other part, jj' Yv 1tnesseth That the said Grantor for and in consideration of the sum of One Hundred Sixty- Four Thousand Nine Hundred Ninety and 00/100 Dollars($164,990.00) lawful money of the United States of America,unto it well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has p y g granted, bargained and sold, released and confirmed, and by these presents does grant,bargain and sell,release and confirm unto the said Grantee, as Sole Owner,his personal representatives and assigns ALL THAT CERTAIN parcel of real estate situate in Silver Spring Township, County of Cumberland and Commonwealth of Pennsylvania,described as follows,to wit: UNIT NUMBER: 707 in Walden, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Walden, a Planned Community in Silver Spring Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 200732950 with Plat in Right-of-way Instrument No. 200732951; First Amendment to Declaration in Instrument No. 200940104; and Second Amendment in Instrument No. 201126996 with Plat in Right-of- way Instrument No. 201126996 (referencing Subdivision Plan recorded in Plan Book 93, Page 119; Subdivision Plan in Instrument No. 200827785; Subdivision Plan in Instrument No. 200931116; Subdivision Plan in Instrument No. 201016842; Subdivision Plan in Instrument No. 201106242; Land Development Plan in Instrument No. 201106316);and as may be further amended. 1 I BEING PART OF THE SAME PREMISES which Charter Homes At Walden, Inc., formerly known as Charter Homes At Summer Hill, Inc., A Pennsylvania Corporation by deed dated March 1, 2011 and recorded March 8, 2011 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Instrument No. 201107629, granted and conveyed unto Charter Homes At Crossroads, Inc., A Pennsylvania Corporation, its successors and assigns. • Together with all and singular the buildings improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate,right, title, interest, property, claim and demand whatsoever of the said Grantor,as well at law as in equity,of,in and to the same. To have and to hold the said lot or piece of ground described hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and behoof of the said Grantee, his heirs and assigns,forever. And the said Grantor, its successors or assigns do covenant,promise and agree,to and with the said Grantee,his heirs and assigns,by these presents,that the said Grantor,all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with appurtenances, unto the said Grantee, his heirs and assigns, against the said Grantor, its successors and assigns, and against all and every person and persons whosoever lawfully claiming or to claim the same or any part thereof,by,from or under or any of them,shall and will SPECIALLY WARRANT and forever DEFEND. In Witness 'Whereof, the party of the first has part hereunto set its hand and seal. Dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: C : • 'T SA CRI :S' ADS,INC. BY: (d - 1 {SEAL} ' C: - ' I S.FO KS,VICE PRE''WENT A r' ST: BY: id {SEAL} HARD S.FOOKS,ASSISTANT SECRETARY 1 Commonwealth of Pennsylvania • • 1 County of Lancaster ss: On this the 29th day of November,2011 before me,the undersigned Notary Public appeared RICHARD S. FOOKS, who acknowledged himself to be the VICE PRESIDENT of CHARTER HOMES AT CROSSROADS,INC., a corporation, and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by himself as VICE PRESIDENT. l hereunto set my hand and official seal. t AS &1 —J a Notary P COMMONWEALTH OF PENNSYLVANIA Notelet Seat My Commission Expires: Deborah F.Nissley,Notary Public P ues: Manhelm Twp.,Lancaster County My Commisalon Expires Sept 3,2092 Member,Pennsylvania Association of Notaries The address of the above-named Grantee is: 115 PUTNAM WAY MECHANICSBURG,PA 17050 On behalf of the Grant F ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE g- w CARLISLE, PA 17013 717-240-6370 ' ,1` - :} of Instrument Number-201133980 Recorded On 12/7/2011 At 9:49:40 AM *Total Pages-5 *Instrument Type-DEED Invoice Number-98028 User ID-MBL *Grantor-CHARTER HOMES AT CROSSROADS INC *Grantee-STROHECKER,LARRY B *Customer-REGENT SETTLEMENT LP *FEES STATE TRANSFER TAX $1,649.90 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $11.50 part This page 1S art RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY $824.95 SCHOOL DISTRICT SILVER SPRING TOWNSHIP $824.95 TOTAL PAID $3,361.80 I Certify this to be recorded in Cumberland County PA '� J RECORDER 0 D DS :i' T liy 1750 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003HZE I I IIIIIII011 II I 1 111111 trsrm Exhibit B Prepared By: Robert G.Dobslaw Attorney at Law Return To: Robert G.Dobslaw Attorney at Law 110 Ridings Way Lancaster,PA 176014708 Parcel ID#: 38-07-0459-020 Pursuant to the provisions of 68 Pa.C.S. Section 5201 this Declaration shall be recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania and is to be indexed in the same records as are notarized for the recording of a deed and shall identify Charter Homes at Walden,Inc.(Declarant) as the grantor,and Walden,a Planned Community(Name of Planned Community) as the grantee. All of the real property made subject to this Declaration is located in Silver Spring Township, Cumberland County, Pennsylvania DECLARATION OF COVENANTS,RESTRICTIONS,EASEMENTS AND ESTABLISHMENT OF HOMEOWNERS ASSOCIATION FOR WALDEN,A PLANNED COMMUNITY IN SILVER SPRING TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA AS AMENDED THROUGH NINTH AMENDMENT TO DECLARATION OF COVENANTS,RESTRICTIONS,EASEMENTS AND ESTABLISHMENT OF HOMEOWNERS ASSOCIATION FOR WALDEN,A PLANNED COMMUNITY IN SILVER SPRING TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA ©2007 Robert G.Dobslaw,Attorney at Law. This document may be recorded in public records and may be reproduced as necessary in connection with governmental approval,establishment,development,and governance of Walden,a Planned Community. The use of this document for any other purpose or any other use or adaptation of this document,including,but not limited to,in connection with any real estate other than Walden,a Planned Community is prohibited. TABLE OF CONTENTS PREAMBLE. 1 PREAMBLE TO FIRST AMENDMENT 4 PREAMBLE TO SECOND AMENDMENT. 5 PREAMBLE TO THIRD AMENDMENT 8 PREAMBLE TO FOURTH AMENDMENT. 11 PREAMBLE TO FIFTH AMENDMENT. 13 PREAMBLE TO SIXTH AMENDMENT. 15 PREAMBLE TO SEVENTH AMENDMENT 18 PREAMBLE TO EIGHTH AMENDMENT. 20 PREAMBLE TO NINTH AMENDMENT 23 ARTICLE I DEFINITIONS. 26 ARTICLE II DESCRIPTIONS 40 2.1. Declarant's Right to Modify. 40 2.2. Property subject to this Declaration. 44 2.3. Name,location,and dimensions of Community. 44 2.4. Plat(s)and Plan(s). 44 2.5. Voisinages. 45 2.6. Units 46 2.6.1. Land Units. 47 2.6.1.1. Dwelling Lot Units 48 2.6.1.1.1. Solely Residential Dwelling Lot Units. 48 2.6.1.1.2. Mixed Use Dwelling Lot Units 48 2.6.1.2. Other Use Land Units 48 2.6.1.2.1. Multiple Residence Land Units 49 2.6.1.2.2. Non-Solely-Residence Land Units. 49 2.6.2. Interior Space Units. 49 2.6.2.1. Unit Boundaries of Interior Space Units. 50 2.6.2.2. Solely Residential Interior Space Units. 51 2.6.2.3. Solely Commercial Interior Space Units. 51 2.6.2.4. Mixed Use Interior Space Units. 51 2.7. Party Walls 51 i 2.8. Common Elements. 52 2.8.1. General Common Facilities. 52 2.8.2. Limited Common Facilities. 53 2.8.3. General Controlled Facilities 54 2.8.4. Limited Controlled Facilities 54 2.8.5. Time Share Estates. 55 2.9. Subject Property,Withdrawable Real Estate, and Additional Real Estate. 55 2.10. Uncompleted Community Improvements and Common Elements 55 2.10.1. Common Authority and Responsibility. 55 2.10.2. Completion. 55 2.10.3. Certification of Completion 56 2.10.4. Financial security for completion. 56 2.10.4.1. For the Benefit of the Association. 56 2.10.4.2. For the Benefit of the Township 56 ARTICLE III PROPERTY RIGHTS,RESPONSIBILITIES AND RESTRAINTS 57 3.1. Insurance and Liability. 57 3.2. Maintenance Obligations of all Unit Owners. 57 3.3. Common Elements. 58 3.3.1. Common Facilities 58 3.3.2. Disposition of Common Facilities. 58 3.3.3. Use of General Common Facilities. 59 3.3.4. Owner's Easement of Enjoyment. 59 3.3.5. Delegation by Owner. 60 3.4. Easements Rights and Privileges 60 3.5. Waiver,Release and Termination of Roadway Easement Rights 60 3.6. Lease Requirements 61 3.7. Easements and Licenses. 61 3.7.1. Easement for Snow Removal and Stockpiling 61 3.7.2. Storm Water Easements 61 3.7.3. Public Access 61 3.7.5. Easements to which Units are Subject 62 3.7.6. Easements for Utilities 63 3.7.7. Declarant Easement. 64 3.7.8. Association Easement. 64 3.7.9. Easements,Restrictions,Licenses,and Conditions of Record. 64 3.7.10. Right to Subject Property to Easements. 65 3.8. Withdrawable Real Estate. 66 3.9. Additional Real Estate 67 ARTICLE IV WALDEN NEIGHBORHOOD ASSOCIATION 69 4.1. The Association 69 4.1.1. Powers and Duties of the Association. 69 4.1.2. Approval Required 70 4.2. Additional Powers. 70 ii 4.3. Maintenance Responsibilities of the Association. 71 4.3.1. Association Responsibilities and Authority for Damages or Loss. 71 4.3.2. Common Elements 72 4.3.2.1. Maintenance of Storm Water System 72 4.3.2.2. Maintenance of Common Element Cartways, Common Driveways and Parking Areas. 72 4.3.2.3. Maintenance of Common Facilities and Improvements Thereto 73 4.3.3. Controlled Facilities 73 4.3.4. Limit of Responsibility for Reasonably Practical Removal of Snow and Reasonably Practical Treatment for Ice Accumulation 74 4.3.5. Maintenance,Repair, and Replacement of Components of Voisinages. 74 4.4. Insurance to be carried by Association. 75 4.5. Membership,Meetings,Votes,and Association Interest of Units Owners and Units77 4.5.1. Membership. 77 4.5.2. Votes. 78 4.5.2.1. Classes and Class Voting. 78 4.5.2.1.1. Attached Dwelling Solely Residential Dwelling Lot Unit Class.78 4.5.2.1.2. Detached Dwelling Solely Residential Dwelling Lot Unit Class.78 4.5.2.1.3. Mixed Use Dwelling Lot Unit Class 78 4.5.2.1.4. Multiple Residence Land Unit Class. 78 4.5.2.1.5. Non-Solely-Residence Land Unit Class. 78 4.5.2.1.6. Tract Unit Class. 78 4.5.2.1.7. Solely Residential Interior Space Unit Class. 78 4.5.2.1.8. Solely Commercial Interior Space Unit Class. 78 4.5.2.1.9. Mixed Use Interior Space Unit Class. 79 4.5.2.1.10. Voisinage Classes. 79 4.5.2.2. Exercise of Votes. 79 4.5.2.3. Cumulative Voting. 79 4.5.3. Special Purpose Meetings or Written Consent in Lieu. 80 4.5.3.1. Meetings. 80 4.5.3.2. Written Consent in Lieu. 80 4.5.4. Association Interest. 80 4.5.5. Effects of subdivision of Unit(s),adding Additional Real estate,withdrawing Withdrawable Real Estate, and/or of the improvement of Common Facilities with a Community Center which may include clubhouse, swimming pool,accessory building(s), driveways and parking areas, and other recreational facilities 81 4.6. Executive Board. 84 4.6.1. Powers and Duties of the Executive Board. 85 4.6.2. Right and Limitation of Declarant to appoint Members of the Executive Board.85 4.6.3. Indemnification of Officers,Executive Board and Committee Members 86 ARTICLE V ASSESSMENTS 87 5.1. Creation of the Lien and Personal Obligation of Assessments. 87 5.2. Estoppel Certificate 88 5.3. Purpose of Assessments 88 5.4. Annual Assessments. 88 iii 5.5. Special Assessments for Capital Improvements. 89 5.6. Assessment to repair damage caused by Owner or others for whom Owner is responsible 89 5.7. Emergency Assessment 90 5.8. Initial Assessment. 90 5.9. Capital Improvement Fee on Resale or Transfer 90 5.10. Payments of Assessments. 90 5.11. Effect of Non Payment of Assessments:Remedies of the Association 91 5.11.1. Enforcement by Suit. 0 92 5.11.2. Enforcement by Lien. 92 5.12. Exempt Property. 92 5.13. Enforcement by Silver Spring Township and Assessments Therefor. 92 ARTICLE VI RESTRICTIVE COVENANTS. 95 6.1. Enforcement 95 6.2. Architectural Control and Appearance. 95 6.2.1. Architecturally Controlled Improvements 95 6.2.2. Neighborhood Appearance Control Board. 97 6.2.3. Right and Limitation of Declarant to appoint Members of the Neighborhood Appearance Control Board. 97 6.2.4. Architecturally Controlled Improvements Review and Approval 98 6.2.5. Liability for Approval or Disapproval. 99 6.3. Restrictions Applicable to All Units. 100 6.3.1. Repair or Replacement of Damaged Structures 100 6.3.2. Nuisances 100 6.3.3. Hazardous Activities. 100 6.3.4. Temporary Facilities. 101 6.3.5. Landscaping Maintenance. 101 6.3.6. Animals. 101 6.3.7. Laundry. 101 6.3.8. Firewood. 101 6.3.9. Tanks. 102 6.3.10. Fences and Hedges 102 6.3.11. Surface Water Flow. 102 6.3.12. Gardens. 102 6.4. Restrictions Applicable to Solely Residential Dwelling Lot Units 102 6.4.1. Use Restriction 102 6.4.2. Business Use. 103 6.4.3. Animals. 103 6.4.4. Vehicles. 103 6.4.5. Signs 104 6.4.6. Swimming Pools. 104 6.5. Compliance with Laws. 104 6.6. Handicapped Use 104 ARTICLE VII iv SPECIAL DECLARANT RIGHTS. 105 7.1. Right to subject Property to Easements 105 7.2. Exercise of Rights. 105 7.3. Right to Use of Easements 105 7.4. Exception for Development and Sales 105 ARTICLE VIII SECURED LENDERS. 106 8.1. Rights of Secured Lenders 106 8.2. Obligations of Association to Secured Lenders. 106 ARTICLE IX GENERAL PROVISIONS. 108 9.1. Enforcement. 108 9.2. Severability. 108 9.3. Amendment. 108 9.4. Conflict. 109 9.6. Provisions not in derogation of Constitutional or Statutory Rights. 109 v Units identified as Unit Numbers 129, 130, 187, and 769 on the Plat(s)and Plan(s) are designated as Other Use Land Units. 2.6.1.2.1. Multiple Residence Land Units There are no Multiple Residence Land Units. 2.6.1.2.2. Non-Solely-Residence Land Units Unit identified as Unit Number 769 on the Plat(s) and Plan(s)is designated as a Non-Solely-Residence Land Unit. Unless and until structures are constructed containing a different amount of non-residential square footage as permitted in accordance with the terms of this Declaration,Unit Number 769 shall contain 10,344 total gross floor area square footage of non-residential(including but not limited to commercial and office space)structures. 2.6.1.2.3. Tract Units Each Tract Unit is a parcel of Real Estate as the term"Real Estate"is defined in§ 5103 of the Act and which such Tract Unit is not an Interior Space Unit, a Dwelling Lot Unit, a Multiple Residence Land Unit,or a Non-Solely- Residence Unit. A Tract Unit may be subdivided into two or more Units. In the case of a Tract Unit owned by a Declarant,such Tract Unit may be subdivided into two or more Units,Common Elements or a combination of Units and Common Elements in accordance with the provisions of§ 5215 of the Act and to designate any or all of the Units and/or Common Elements created by such subdivision as a Voisinage or as a part of an existing Voisinage. If a Tract Unit is shown on any plan or drawing identifying the perimeter boundary such Tract Unit,the location of the vertical boundaries of the Tract Unit are at the location of the perimeter boundaries as shown on such plan or drawing. If a Tract Unit is described by a text description(frequently refen-ed to as a"Legal Description"and/or as a"Metes and Bounds Description"),the location of the vertical boundaries of the Tract Unit are at the location of the perimeter of the Tract Unit as described in such text description. The location of the horizontal boundaries of a Tract Unit,if any, are at the location of horizontal boundaries as shown on a plan or drawing of the Tract Unit,if so shown,or at the location as described by text,if so described. There are no Tract Units. 2.6.2. Interior Space Units Units identified as Unit Numbers 701 through 719,756 through 759, 801, 805, 809, 813, 820, 824, 860, and 861 on the Plat(s)and Plan(s)are designated as Interior Space Units. 49 2.6.2.1. Unit Boundaries of Interior Space Units 2.6.2.1.1. The vertical boundaries of each Interior Space Unit shall be vertical planes located at the positions delineated and described on the Plat(s)and Plan(s)and shall be,unless otherwise set forth in an Amendment to this Declaration in accordance with Section 2.1.2.3 of this Declaration: 2.6.2.1.1.1. planes adjacent to and between the framing or other structural components of all exterior walls of the structure enclosing the Unit (including common walls between Units),and the materials such as lath, furring,wallboard,plasterboard,plaster and similar materials attached to such framing or other structural components(all lath,furring,wallboard, plasterboard,plaster,paneling,tiles,wallpaper,paint; and similar materials attached to the framing or other structural components shall be a part of the Unit),which planes extend to intersections with each other and with the upper and lower horizontal boundaries of each Unit, and 2.6.2.1.1.2. the unfinished surface of the foundation walls of the exterior foundation walls of the structure enclosing the Unit or the foundation walls of common walls between Units, and 2.6.2.1.1.3. the interior surface of all exterior windows, skylights and doors enclosing the Unit(all doors,including garage door,and window structural components including doors,windows, frames,glass and similar materials are Common Elements;interior window and door trim are a part of the Unit). 2.6.2.1.2. The horizontal boundaries of each Interior Space Unit shall be horizontal planes located at the positions delineated and described on the Plat(s)and Plan(s)and shall be,unless otherwise set forth in an Amendment to this Declaration in accordance with Section 2.1.2.3 of this Declaration: 2.6.2.1.2.1. the upper horizontal boundaries of each Unit on the top most floor of a structure shall be planes adjacent to and between the roof framing components of the structure enclosing the Unit and the materials such as roof sheathing attached to such framing components; and the upper horizontal boundaries of each Unit of a structure other than on the top most floor shall be the planes formed by the uppermost or outenniost surface of the material forming the finished surface of the uppermost ceiling of the Unit,and 2.6.2.1.2.2. the lower horizontal boundaries of each Unit shall be the unfinished surface of all basement floors and garage floors, and,if a basement shall not be a part of a Unit or any portion thereof,the lower horizontal boundaries of such Unit or portion shall be the unfinished surface of structural materials attached to the floor framing components of the lowest floor of the structure enclosing the Unit(all sub-flooring attached to the framing components shall be Common Elements; all underlayment,tiles, finished wood flooring,carpeting,pad,and similar materials attached to the foregoing Common Elements shall be a part of the Unit). 50 2.6.2.1.3. All structural components of the structure enclosing any Interior Space Unit including without limitation foundations,bearing walls,bearing floors,bearing columns and beams, and roof framing shall be Common Elements,including without limitation any such structural components within the boundaries of the Unit. 2.6.2.1.4. All functional and decorative siding,roofing,wall, fence, and enclosure materials,components and finishes,together with the structure supporting them of the structure enclosing any Interior Space Unit shall be,without limitation,Common Elements. 2.6.2.1.5. Subject to the provisions of Section 2.6.2.2 of this Declaration,all spaces, interior partitions and other fixtures and improvements within the boundaries of an Interior Space Unit are a part of the Unit. 2.6.2.2. Solely Residential Interior Space Units Units identified as Unit Numbers 701 through 719 and 756 through 768 on the Plat(s)and Plan(s)are designated as Solely Residential Interior Space Units 2.6.2.3. Solely Commercial Interior Space Units Units identified as Unit Numbers 801, 805, 809, 813, 816, 820, 824, 860,and 861 on the Plat(s)and Plan(s)are designated as a Solely Commercial Interior Space Unit. 2.6.2.4. Mixed Use Interior Space Units There are no Mixed Use Interior Space Units 2.6.3. Parcel Units Units identified as Unit Numbers 720 through 723, 725 through 739, 741 through 755, and 769 on the Plat(s)and Plan(s) are designated as Parcel Units. 2.7. Party Walls Each wall,the centerline of which is a boundary line between two Land Units is a Party Wall. To the extent not inconsistent with the Governing Documents,the general rules of law regarding Party Walls and liability for damage due to negligence or willful acts or omissions shall apply thereto.The cost of reasonable repair and maintenance of a Party Wall shall be shared by the Owners who make use of the Party Wall in proportion to such use. If a Party Wall is damaged or destroyed by fire or other casualty, any Owner who has used the Party Wall may restore it, and if thereafter the other Owners make use of the Party Wall,they shall contribute to the cost of restoration thereof in proportion to such use without prejudice,however,to the right of the restoring Owner to a larger contribution under any rule of law regarding liability for negligent or willful acts or omissions. An Owner who through negligent or willful act causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under the provisions of this section shall be appurtenant to the land and shall pass to each Owner's successors in title. 51 ARTICLE V ASSESSMENTS 5.1. Creation of the Lien and Personal Obligation of Assessments The Grantee of an ownership interest in a Unit,by the acceptance of such ownership interest, whether or not it shall be so expressed in the deed conveying an ownership interest, and including without limitation any purchaser at judicial sale or heir or devisee of a deceased Owner,by the acceptance of ownership to a Unit obligates and binds such Grantee, and the heirs, successors and assigns of such Grantee,to become a Member of the Association and to be bound by all of its rules and regulations and to be subject to all of the duties and obligations imposed by ownership of,and membership in, said Association and is deemed to covenant and agree to pay to the Association an annual assessment equal to the Common Expense Liability allocated to such Unit, and, subject to the provisions of§5314 of the Act,such assessments shall be established and collected as hereinafter provided. Subject to the provisions of§5315 of the Act, all assessments,together with, except as set forth in Section 8.2.1 of this Declaration,late fees,interest, costs of collection when delinquent, including reasonable attorney's fees whether or not suit is brought, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment,together with late fees,interest, costs of collection when delinquent, including reasonable attorney's fees whether or not suit is brought, shall also be the personal obligation of each person who was the Owner of such property at the time when the assessment or installment thereof became due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them,but nothing herein contained, except as set forth in Section 8.2.1 of this Declaration, shall be deemed to discharge the lien of the assessment upon the real property,the subject thereof. No Owner may waive or otherwise escape liability for the assessments provided for herein by non use of the Common Facilities nor by abandonment of the Unit owned. Any amounts received by the Association from the payment of General Common Expenses assessments and in excess of the amount required for actual General Common Expenses and reserves for future General Common Expenses shall be credited to Units in accordance with Section 5313 of the Act,and shall be taken into account when establishing the budget for the next succeeding fiscal year,but need not be refunded or applied(until exhausted)to subsequent assessments. Any amounts received by the Association from the payment of Special Allocation Expenses assessments in excess of the amount required for actual Special Allocation Expenses and reserves for future Special Allocation Expenses intended to be paid from the Special Allocation Expenses assessments shall be credited to Units in accordance with Section 5313 of the Act,and shall be taken into account when establishing the budget for the next succeeding fiscal year,but need not be refunded or applied(until exhausted)to subsequent assessments. 87 • 5.2. Estoppel Certificate Within ten(10)days of the request therefor,the Executive Board of the Association shall cause to be provided an Estoppel Certificate which shall set forth any assessments and charges, or installments thereof, due upon such Unit as of the date of issuance and shall certify as to whether or not there are violations of the Governing Documents remaining within the Unit known to the Association as of the date of issuance. A reasonable fee may be established from time to time for the cost of preparation of such certificate and shall be paid at the time of request for such certificate. A properly executed certificate of the Association as to the status of assessments or installments thereof on a Unit is binding upon the Association as of the date of its issuance as to any purchaser or mortgagee relying thereon in good faith,but shall not relieve the Owner of personal liability. 5.3. Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Subject Property and for the operation, improvement and maintenance,repair and replacement of the Common Elements and for the performance of the obligations of the Association. In addition, the assessments may be used for the creation,maintenance and enhancement of reserves, and the maintenance of appropriate policies of insurance, and for the payment of all obligations required of the Association created by its own acts or imposed upon it by law or by the terms of the Governing Documents. 5.4. Annual Assessments On or before thirty(30)days prior to the end of each Fiscal Year of the Association,the Executive Board shall adopt Annual General Common Expenses and Special Allocation Expenses Budgets in amounts deemed appropriate,in the sole judgment of the Executive Board, for the purposes set forth in the Governing Documents. Notwithstanding the foregoing,the General Common Expenses and Special Allocation Expenses Budgets shall include such amounts as are reasonably necessary to establish and maintain an adequate reserve fund a)for the replacement,when required,of the Common Elements(including without limitation improvements to the Common Elements including Limited Common Elements),and b)to cover insurance deductible amounts pursuant to the provisions of Section 4.4 of this Declaration. The Executive Board shall,at least thirty(30)days in advance of each annual assessment period, fix: 5.4.1. an annual assessment against each Unit for such Unit's General Common Expense Liability in an amount equal to the amount of the annual General Common Expenses Budget multiplied by such Unit's Association Interest; and 5.4.2. annual special allocation assessments against each Unit in an amount proportionate to the benefit to such Unit of the Special Allocation Expenses Budgets which Special Allocation Expenses Budgets shall include,but not be limited to: 88 5.4.2.1. costs associated with the maintenance,repair or replacement of any and all Limited Common Facilities which shall be assessed in equal shares against the Units to which such Limited Common Facilities were appurtenant at the time the cost was incurred; and 5.4.2.2. costs associated with the maintenance,repair or replacement of any and all Limited Controlled Facilities which shall be assessed in equal shares against the Units to which such Limited Controlled Facilities were appurtenant at the time the cost was incurred; and 5.4.2.3. the costs of utility services to Units paid by the Association,if any,which shall be,if separately metered to each Unit,assessed in proportion to usage or,if not separately metered to each Unit, assessed in equal amounts to all Units to which such utility services are provided. Written notice of the adopted budgets and Annual Assessments against each Unit shall be sent to every Unit Owner subject thereto. Unless objection to any Budget or Annual Assessment is made by the Owners of not less than fifty-one(51%)percent of the Units subject to such Assessments within thirty(30)days after the date of mailing of such notice,the same shall be deemed adopted and shall be binding on all Members of the Association as provided in this Declaration. In the event that the Executive Board shall fail to fix any annual assessments for any fiscal year, then each assessment established for the prior fiscal year shall be continued until such time as the Executive Board shall act. 5.5. Special Assessments for Capital Improvements In addition to the annual assessments authorized in the Governing Documents,the Executive Board may levy in any assessment year,a special assessment applicable to that year only for the purpose of defraying,in whole or in part,the cost of any construction,reconstruction,repair or replacement of a capital improvement of a part of the Common Elements including fixtures and personal property related thereto,provided that any such assessment shall have the assent of two-thirds(2/3)of Members voting at a Special Purpose Meeting duly called for such purpose in accordance with the provisions of Section 4.5.3 of this Declaration. Any Special Assessment for Capital Improvements shall be assessed against all Units in accordance with the common expense liability allocated to each Unit in the case of General Common Expenses. 5.6. Assessment to repair damage caused by Owner or others for whom Owner is responsible The Executive Board may levy an assessment against any Unit for the Association's cost of repair,replacement(and expenses relating thereto)of any Common Element damaged as the result of the negligence or intentional conduct of any of such Unit's Owners,residents,tenants, occupants,or guests, employees, agents, or invitee or licensee of any thereof. 89 5.7. Emergency Assessment The Executive Board may,by a vote of not less than two-thirds(2/3)of the members of the Executive Board, impose a Special Assessment for any unusual,unanticipated or emergency maintenance,repair or other expense required pursuant to the terms of this Declaration or required pursuant to any law to be paid by the Association(including, after depletion of reserves, any unexpected expenditures not provided by the budget or unanticipated increases in the amounts budgeted). Any Emergency Assessment shall be assessed against all Units in accordance with the common expense liability allocated to each Unit in the case of General Common Expenses. 5.8. Initial Assessment Each Unit Owner(other than a Declarant) shall, at the time of the first Conveyance of a Unit from a Declarant or Assignee Declarant to such Unit Owner,pay to the Association an initial assessment in the amount of: 5.8.1. for each Solely Residential Dwelling Lot Unit or Solely Residential Interior Space Unit, Four Hundred and no/100 Dollars($400.00);and/or 5.8.2. for all other Units,the aggregate of Four Hundred and no/100 Dollars($400.00)multiplied by the number of Residences within the Unit(if any)and 40/100 Dollars($.40)multiplied by the total gross floor area square footage of non-residential structure(s)or non-residential area within Structure(s)within the Unit. The initial assessment shall constitute a non-refundable payment to the Association,to be used by the Association to pay start-up expenses,to prepay certain expenses, such as insurance premiums,and to provide an initial reserve against future expenses and shall not be credited as an advance payment of annual or special assessments. 5.9. Capital Improvement Fee on Resale or Transfer Subject to the provisions of the Act and specifically subject to the limitations of§5302(a)(12)of the Act,the Grantee of an ownership interest in a Unit,by the acceptance of such ownership interest,including without limitation any purchaser at judicial sale or heir or devisee of a deceased Owner,by the acceptance of ownership to a Unit obligates and binds such Grantee or Owner,and the heirs, successors and assigns of such Grantee or Owner,to,upon the conveyance of the interest in the Unit, other than the first Conveyance of a Unit from a Declarant or Assignee Declarant,to such Unit Owner,pay a Capital Improvement Fee in an amount as established by the Executive Board from time to time in an amount which shall not exceed the annual assessment against the Unit for such Unit's General Common Expense Liability for the most recently completed fiscal year of the Association. 5.10. Payments of Assessments The Executive Board may authorize,in its discretion,any assessment to be paid in installments thereof on an annual,quarterly or monthly basis. 90 The obligation to pay Assessments shall not be subject to deduction or set-off or otherwise be diminished, discharged,suspended or abated because of, (i) any claim which such Owner(s)may have against the Association; (ii)the failure or purported failure of the Association to provide services required of it;(iii)the fact that there is no Dwelling or other structure on such Owner's Unit or that the Dwelling or other structure thereon has been demolished,destroyed or removed, in whole or in part,or is unoccupied or uninhabitable for any reason; or(iv)the default or delinquency of any other Owner(s). The obligation of an Owner to pay Assessments shall not be affected by leasing of the Unit,or any part thereof, and the Owner shall remain personally liable therefor. If a lease imposes the obligation to pay Assessments or any part thereof on the tenant,the Association shall conclusively be deemed to be a third party beneficiary of such covenant and shall have the right (but not the obligation)to enforce such obligation directly against the tenant. Each Owner shall reimburse,defend and indemnify the Association upon demand for any losses, expenses, costs,or damages incurred by the Association as a result of any claims,damage to Common Elements,caused by or resulting from any act,omission or negligence of the Owner or the Owner's family,guests, employees,agents, lessees,licensees,contractors or subcontractors. Such damages maybe assessed and collected as a Special Assessment against such Owner. In connection with the collection of delinquent Assessments,the Executive Board shall have the power, in its discretion,to waive the obligation of an Owner to pay Assessments in arrears(in whole or in part)and attendant interest,late charges and costs of collection;and to compromise or settle the Association's claims against an Owner No indulgence,waiver or comprise in any one instance shall require that the Board grant any similar indulgence,waiver or compromise in any other instance to the same Owner or to any other Owner(s). 5.11. Effect of Non Payment of Assessments:Remedies of the Association Any assessment or installment thereof not paid within thirty(30)days after the due date shall bear interest from the due date at the rate of fifteen(15%)per cent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same,or foreclose the lien of such assessment or installment thereof against the Unit. The Grantee of an ownership interest in a Unit,by the acceptance of such ownership interest, whether or not it shall be so expressed in the deed conveying an ownership interest, and including without limitation any purchaser at judicial sale or heir or devisee of a deceased Owner,by the acceptance of ownership to a Unit obligates and binds such Grantee or Owner, and the heirs, successors and assigns of such Grantee or Owner, as a covenant running with the land,that the Grantee or Owner of the Unit will at all times agree to the enforcement of all assessments in the manner specified in this Declaration and in the Act. Each Owner agrees to pay reasonable attorney's fees as established from time to time by the Executive Board and costs incurred in the collection of any assessment against such Owner and/or such Owner's Unit, whether by suit or otherwise,or in enforcing compliance with or specific performance of the terms and conditions of the Governing Documents as against such Owner and/or such Owner's Unit. 91 Any assessment or installment thereof not paid within fifteen(15) days after the due date shall be delinquent. Thereupon the Association may exercise any one or more of the following remedies, after notice of such delinquency to the Owner,which are all declared to be cumulative and not exclusive. The selection of a single remedy or multiple remedies shall not be deemed an election thereby excluding any other remedies,but the Association may exercise any and all remedies singularly,consecutively,or concurrently: (a)declare the entire balance of such annual or special assessment due and payable in full;and(b)charge a late fee in the amount to be set by the Executive Board; and(c)upon notice to the Owner suspend the right of such Owner to vote and/or to use the Common Elements until the assessment and accrued charges are paid in full; and(d)employ any other remedies available at law or in equity which,without limitations of the foregoing,shall include either of the following procedures: 5.11.1. Enforcement by Suit The Association may commence and maintain a suit by law against any Owner or Owners for such delinquent assessments as to which they are personally obligated. Any judgment rendered in any such action shall include the amount of the delinquency,together with interest thereon at the rate of fifteen(15%)per cent per annum from the due date,costs of collection, court costs, and reasonable attorney's fees. Suit to recover any money judgment for any unpaid assessments shall be maintainable without foreclosing or waiving the lien hereinafter provided for. 5.11.2. Enforcement by Lien The Association may foreclose the lien imposed by§5315 of the Act and perfected by the recordation of this Declaration in accordance with, and subject to,the provisions of§5315 of the Act. 5.12. Exempt Property All property Conveyed to any Governmental/Public Service Entity shall be exempt from assessments pursuant to this Declaration. 5.13. Enforcement by Silver Spring Township and Assessments Therefor In the event that the Board of Supervisors of Silver Spring Township shall determine that the performance by the Association(or by any successor organization)of Association Obligations, the Board of Supervisors of Silver Spring Township may,but shall not be obligated to,serve written notice upon the Association setting forth the manner in which the performance by the Association(or successor organization)of Association Obligations are inadequate("Notice of Inadequacy")and said Notice of Inadequacy shall include a demand that such inadequacy be corrected within thirty(30) days thereof 92 If the Association does not agree with any deteimination of inadequacy of the Board of Supervisors of Silver Spring Township or its designated agency,within thirty(30)days of receipt of written Notice of Inadequacy from the Township,the Association may notify the Township that the determination of inadequacy is disputed. If within sixty(60)days of the date of written notice of inadequacy from the Township,the Township and the Association cannot agree on the determination of inadequacy,the Association and the Township shall jointly,by mutual agreement,appoint an independent professional engineer licensed as such in the Commonwealth to review the determination of adequacy of the performance by the Association of the Association Obligations and to determine the changes,if any,that are necessary to adequately perform the Association Obligations. The determination by said professional engineer and the appointment of an engineer if the parties cannot agree on one shall be made in a manner consistent with that set forth with respect to fee reimbursement disputes in the Pennsylvania Municipalities Planning Code(53 P.S. § 10101,et seq.)at Sections 510(g)(3)and(4) [53 P.S. 10510(g)(3)and 10510(g)(4)] or any amendment to those statutory provisions. The fee of the appointed professional engineer shall be paid by the Township if the independent engineer determines that performance by the Association of Association Obligations. If the performance by the Association of Association Obligations not adequate in the opinion of the independent professional engineer,the Association shall pay the fee of the appointed professional engineer and shall make all of the changes. If the Association shall not notify the Township that the determination of inadequacy is disputed or if the determination of the engineer pursuant to the preceding paragraph is that performance by the Association of Association Obligations and if the inadequacy set forth in the original notice or in the modifications thereof shall not be corrected within thirty(30)days of the later of 1)the date of the Notice of Inadequacy or 2)the date of opinion of the independent professional engineer that performance by the Association of Association Obligations are adequate or any extension thereof("Period to Correct"),in order to preserve the taxable value of the premises,to prevent the Common Elements from becoming a public nuisance, and to reimburse the Township for all costs incurred by Township in Township's exercise of Township's rights as set forth in this Section 5.13, Silver Spring Township may,but shall not be obligated to: 5.13.1. make a determination as to the actions to be taken by the Association to correct the failure to perform the Association Obligations,in whole or in part,and order the Association to take such actions;and/or 5.13.2. enter upon such portions of the Subject Property as are necessary to perform the Association Obligations,in whole or in part as the Township shall solely determine, and thereafter perform the Association Obligations,in whole or in part as the Township shall solely determine, for such period of time as the Board of Supervisors of Silver Spring Township shall determine. Said performance of the Association Obligations in whole or in part as the Township shall solely determine,by Silver Spring Township shall not constitute a taking of said Common Elements.nor vest in the public any rights to use the same except when the same is voluntarily dedicated to the public by the Association pursuant to the terms of this Declaration and the Act and such dedication is acceptable to Silver Spring Township; and/or 5.13.3. order the Association to reimburse the Township for the Township's costs of the hearing and enforcement procedure referred to above,including but not limited to performance of Association Obligations,reasonable attorney, engineering and like fees and costs. 93 Before the expiration of one year following the Period to Correct,Silver Spring Township shall, upon its initiative or upon the request of the Association or of not less than ten percent(10%)of the Unit Owners in the Subject Property,call a public hearing to be held by the Board of Supervisors of Silver Spring Township or by its designated agency upon notice to the Association,which such hearing shall be held no less than thirty(30)days nor more than sixty (60)days after receipt of the notice and which shall be held on a Monday,Tuesday,Wednesday, or Thursday between the hours of 7:00 PM and 10:00 PM at which hearing the Association or the Owners of Units in the Subject Property shall show cause why such performance of the Association Obligations in whole or in part as the Township shall solely determine,by Silver Spring Township shall not, at the option of the Township,continue. If the Board of Supervisors of Silver Spring Township, or its designated agency, shall determine that the Association is ready and able to perform the Association Obligations, Silver Spring Township shall cease to perform the Association Obligations at the end of said period. If the Board of Supervisors of Silver Spring Township,or its designated agency, shall determine that the Association is not ready and able to perform the Association Obligations, Silver Spring Township may, in its discretion, continue to perform the Association Obligations in whole or in part as the Township shall solely determine for an additional period of time and, subject to a similar hearing and determination,in each time period thereafter. In the event that the Association shall not comply with an order of Silver Spring Township issued by Silver Spring Township pursuant to the provisions of Section 5.13.1 or Section 5.13.3 of this Declaration,or if Silver Spring Township shall enter upon such portions of the Subject Property as are necessary to perform the Association Obligations in whole or in part as the Township shall solely determine pursuant to the provisions of Section 5.13.2 of this Declaration,the cost of the performance of Association Obligations by the Township,together with all costs of any hearing and enforcement procedure referred to in this Section 5.13,including reasonable attorney, engineering and like fees and costs, shall be assessed ratably,in accordance with tax assessments, against the Units within the Subject Property and shall become a lien on said Units and Silver Spring Township shall file a notice of lien in the Office of the Prothonotary of Cumberland County upon the Units within the Subject Property affected by the lien. All determinations,decisions and orders of the Board of Supervisors of Silver Spring Township, or its designated agency,pursuant to the rights of the Township set forth in this Declaration including,but not limited to rights set forth in this Section 5.13 ("Township Rulings"), shall constitute a final administrative decision subject to judicial review. 94 Exhibit C • Cr M 00 d N M V vl '0 N OS 0 00 00 N •--� .. N O O 'V M M vl V 7 N N b ) )l M M (� '0 '0 '0 y., •-. .. •-• U M ,O M N vl O M •-• M M M o0 0o N •-• -• O , h 7 M w oo N N •-+ O O M .1 '1 1. —. C' 00 00 --- —O C O O O 0 00 M M N V M vi M vl 00 v) m V1 V '0 vl — N 4 ,6 vi Oo �O OS N ul 0 00 0 0 b vi .--, N N 0 Oo 7 N O O 0O O N O, N vl vl 00 M 7 M ND N 00 c V OS OS O 0 N - N w O O N N ja -. M '' n m O O N M M V 7 vl Ut b n n O O .. -. -. .-. 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O o 0 t» O .0 a O. °' LL C m �• o 0 o m N_ 2 ++ d C v CD o ,� U y o o 0 o c CI) o o 0 o g Ce v a > 0) _ 7 V) C 0 to 0 Z ott o g o g b C C -o d `44 O r O o N o Cl CA M v) P. - U CO .y N 04 a+ o d w oo 0 D w 73 2 C) O d v .9 N c, i0 a' v D N A O N n ET o P CD co H U P. O C v N Q o q g A o Cc/] o V] vo F a` C7 U Exhibit D — -- COMMONWEALTH OF PENNSYLVANIA ?�-.- Notice of Jud ment/Transcri t Civil COUNTY OF CUMBERLAND '� 9 P ip + ' Case ' ■ Mag.Dist.No: MDJ-09-3-04 The Walden Neighborhood Association MDJ Name: Honorable Kathryn H.Silcox v. Larry B Strohecker Address: 5275 EastTrindle Road rY Suite 110 Mechanicsburg,PA 17050 Telephone: 717-697-2201 The Walden Neighborhood Association Docket No: MJ-09304-CV-0000385-2013 600 Olde Hickory Road Suite 100 Case Filed: 10/31/2013 Lancaster, PA 17601 — sit. Disposition Summary cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304=CV-0000385-201.3 The Walden Neighborhood Larry B Strohecker Judgment for Plaintiff 01/10/2014 Association Judgment Summary Participant Joint/Several Liability Individual Liability Amount Larry B Strohecker $0.00 $942.67 $442.67 The Walden Neighborhood Association $0:00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of The Walden Neighborhood Association vs. Larry B Strohecker on MJ-09304-CV-0000385-2013, on 1/1 0/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment . $0.00 $300.00 $300.00 Costs $0.00 $5.00 • $5.00 Filing Fees $0.00 5105.50 $105.50 Server Fees $0.00 $32.17 $32.17 Grand Total: $442.67 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR.MAGISTERIAL DISTRICT JUDGES,IF.THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS.MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 'PI a.i nti'Cf called �o e5'ta-b lash -tha k De-Ca-+i an-. 15 1f‘ an n rr�or space..un+ S merv- 1�d��'• f ye-✓ De_-�e.nok a njr 4"4,,4: w ana Cdi'd not provi dc. a. pa+t - , ;. e f 'y ^` LmaiA. 401 Pa`1t 11 i'I _ty f ( * "' 14 f \ ^' < ` prbr - (4 n , Date The Honorable Silcox iif i 1 I certify that this is a true and correct copy of the record of the proceedings containing the judgment. G:143v4.-441 ---Th Date Magisterial Distric ge MDJS 315 Page 1 of 2 Printed:01/10/2014 2:27:43PM | ' The Walden NeighbOrhood Association Docket No.: 000385'2013 .. • La '�B Strohecker Participant List � . The 600 Olde Hickory Road Suite 100 Lancaster,PA 17601 Defendant(s) � Mechanicsburg,PA 17050 . � \ ' ' � ' • ' � . ^ ` � | ` . MDJS 315 Page 2 of 2 Printed:01/10/20 14 2:27:43PM VERIFICATION The undersigned, Jennifer Spangenberg, Property Manager for Walden Neighborhood Association hereby verifies and states that: 1. She is an authorized agent of Walden Neighborhood Association, the Plaintiff herein; 2. The facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief; and 3. She is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: %) 1 nifer Spa%nberg, Pro:erty telk ger :oydWlson Property Management • 9 CERTIFICATE OF SERVICE AND NOW, this 26 day of February, 2014, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Appellant, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Larry B. Strohecker 180 Meadow Lane Mechanicsburg, PA 17050 tiristop r . Fisher H BGDB:142447-1 029475-163107 10 Larry B. Strohecker, Pro Se 180 Meadow Lane Mechanicsburg, PA 17055 (717) 585 -4554 larrystrohecker @ymail.com FL-ED-OFF' ICC" 1. « THE r C jf Or T 25 14 C TS 10 Ail 1 : 51+ CUMBERLAND C.CUI T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALDEN NEIGHBORHOOD ASSOCIATION, Appellant /Plaintiff, No. 2014 -0706 v. : Civil Action - Law LARRY B. STROHECKER, Appellee/Defendant. ANSWER AND NOW, comes the Defendant, Larry B. Strohecker, pro se, and answers Plaintiff, Walden Neighborhood Association's Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted, in part, and Denied, in part. The Deed is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 4. Denied. The Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 5. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 6. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 7. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 8. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 9. Denied. Defendant purchased his home for the total purchase price of $164,990. During the negotiations and at settlement, the Defendant repeatedly inquired about the amount of the home owner's association fee for his home and was repeatedly told that the fee would total at most $60.00 per month. At settlement, Defendant was again assured that the fee would be in the total amount of $60.00 and would not be due until completion of eighty (80) percent of the development. Defendant never received any contrary notification until the end of 2012, at which point Defendant was notified that the claimed monthly assessment on his home was actually $180 rather than the quoted $60.00. The purported fee in the amount of $180 exceeds the Defendant's entire mortgage payment by more than twenty (20) percent and the Defendant would never have purchased the home had he been quoted that amount. Defendant inquired of similar homeowners in the development and learned that similar homes were being assessed at the rate of $67.25. Moreover, the Plaintiff's 2013 -2014 budget reflects that Voisinage I homes in Crossroads will be assessed at $67.25 while Voisinage II homes in Crossroads will be assessed at $189.25; however, even Plaintiff's representative was unable to identify which homes are considered Voisinage I and which are Voisinage II. (A true and correct copy of Plaintiff's Budget is attached hereto and marked as Exhibit "A. ") Defendant's home was among the first constructed which would reasonably denote that it is a phase I home. Defendant has made repeated inquiries about the disparity and actual amounts due but received limited to no responses from Plaintiff. Defendant was informed that his home was one of those selected to maintain the cobblestone streets and lighted areas in the business district at the entrance to the development; however, the Defendant does not own a business; Defendants' home does not ingress or egress onto the cobblestone streets; and the Defendant has no greater access to the area than any other member of the development. At hearing on January 6, 2014, even Plaintiff's representative could not articulate which residences within the development are Voisinage I homes to be assessed the $67.25 rate and which are Voisinage II homes to be assessed at the rate of $180 per month. In addition to past payments totaling $1,118.25, the Defendant remitted a ,check in the amount of $442.67 to cover the judgment entered on January 10, 2014, in this matter, which was calculated at the $67.25 rate and covered the amounts due through January of 2014) The Defendant has since been remitting monthly payments in the amount of $67.50, which Plaintiff has been accepting. Consequently, the Defendant is current on his payments. (True and correct copies of the checks evidencing the Defendant's payments are attached hereto and marked as Exhibit `B. ") Despite receiving the Defendant's checks, Plaintiff continued to Plaintiff has retained but not cashed the Defendant's check in the amount of $442.67, which is in the possession of the Plaintiff because it was remitted in the same envelope as the Defendant's February, 2014 payment, which the Plaintiff did cash. assess, but, did not bill or otherwise notify the Defendant of, monthly late fees, which have ranged from $25.00 to $142.67 per month claimed on Plaintiffs Exhibit C, which has been presented for the first time in the context of these proceedings; As reflected on Exhibit C, the Plaintiff has consistently charged late fees regardless of whether a payment was made, but, has never billed or otherwise notified the Defendant of those amounts, prior to the instant proceedings. Despite cashing the Defendants' check dated February 1, 2014, for February dues in the amount of $67.50, Plaintiffs Exhibit C reflects that Plaintiff accepted but failed to record the Defendant's payment and assessed the Defendant three separate $25 late fees all of which purport to have been assessed on February 24, 2014 in the total amount of $75.00. Said purported late fees were never billed or otherwise communicated to the Defendant prior to the instant filing. Strict proof of billing is demanded at trial. 10. Denied. The Defendants' answer to Paragraph 9, above, is incorporated as if fully set forth herein. 11. Denied. The Statement is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. Further, the Statement does not reflect all of the amounts paid, including, but not limited to the Defendant's payment of the January 10, 2014 Judgment in the amount of $442.67 and the Defendant's February and March payments in the amounts of $67.50. By way of further answer, the Defendants' answer to Paragraph 9, above, is incorporated as if fully set forth herein. It is further noted that the amounts billed as reflected in Exhibit C are inconsistent and late fees ranging from $25 to $142.67 per month were inconsistently, excessively and arbitrarily purportedly charged, but, never billed to the Defendant, even in months in which payments were received. Moreover, the Plaintiff failed to credit the Defendant for payments that it accepted. Strict proof of contemporaneous billing is demanded at trial. 12. Denied. The Defendants' answer to Paragraph 9, above, is incorporated as if fully set forth herein. 13. Denied. The Notice of Judgment is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. Further, the Statement does not reflect all of the amounts paid. By way of further answer, the Defendants' answer to Paragraphs 9 and 11, above, are incorporated as if fully set forth herein. COUNT I 14. The Defendant's Answers to Paragraphs 1 through 13 above are incorporated as if fully set forth herein. 15. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. 16. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. By way of further answer, the Declaration contains prerequisites to special assessments, it does not permit the Association to arbitrarily charge inconsistent fees. Further, Pennsylvania's fair debt collection practices require the creditor to actually bill or otherwise notify a purported debtor of the amounts prior to initiating legal action and prohibits a debtor from attempting to collect amounts for which is has accepted payment. 17. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. The Defendant's answer to Paragraphs 9, 11 and 16, above, are incorporated as if fully set forth herein. 18. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. The Defendant's answer to Paragraphs 9, 11 and 16. above, are incorporated as if fully set forth herein. 19. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Declaration is a document, which, being in writing speaks for itself and any attempt to misconstrue or misinterpret same is specifically, Denied. The Defendant's answer to Paragraphs 9, 11 and 16, above, are incorporated as if fully set forth herein. 20. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Defendant's answer to Paragraphs 9, 11, and 16, above, are incorporated as if fully set forth herein. WHEREFORE, the Defendant respectfully requests that this Honorable Court: a. deny all of the Plaintiff s requests for relief, including, but not limited to attorney's fees and costs; b. deny the Plaintiff's request for 15% in excessive additional interest which Plaintiff seeks compound on top of the claimed late fees ranging from $25 to $142.67 per month, which Plaintiff purportedly assessed, but, did not otherwise bill or otherwise notify the Defendant of, despite having received and accepted the Defendant's payments; c, hold that the claimed amounts for purported late fees exceed Pennsylvania's usury rate; d. hold that the failure to bill or otherwise contemporaneously notify the Defendant of purported late fees and attempt to collect amounts for which it has accepted payment violates fair debt collection practices laws; e. credit the Defendant for all payments made and deem the Defendant current on his payments to date; f. assess the Defendant at the promised Voisinage I rate, currently set at $67.25, going forward; g. order the Plaintiff to restore all privilege including the Defendant's fitness room access; h. estop the Plaintiff from taking any further punitive action against the Defendant; i. award the Defendant a judgment in the amount permissible to rectify the Plaintiffs violation of the fair debt collection practices laws; and j. order any other relief that this Court deems necessary and appropriate. COUNT II 21. The Defendant's Answers to Paragraphs 1 through 20 above are incorporated as if fully set forth herein. 22. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, despite having received current payment at the contracted Voisinage I rate, Plaintiff has terminated the Defendant's fitness room access; relocated the Defendant's mailbox without notification forcing the Defendant to hunt for mail; and failed to repair damage to the exterior of the Defendant's home caused during the construction of neighboring buildings in a timely or satisfactory manner. 23. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Defendant's Answer to Paragraph 22, above, is incorporated as if fully set forth herein. 24. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Defendant's Answers to Paragraphs 9 and 22, above, are incorporated as if fully set forth herein. 25. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Defendant's Answers to Paragraphs 9 and 22, above, are incorporated as if fully set forth herein. 26. Denied. The averments of this numbered Paragraph state a conclusion of law to which no response is required. To the extent that a response is deemed required, the Defendant's Answers to Paragraphs 9 and 22, above, are incorporated as if fully set forth herein. WHEREFORE, the Defendant respectfully requests that this Honorable Court: a. deny all of the Plaintiffs requests for relief, including, but not limited to attorney's fees and costs; b. deny the Plaintiff's request for 15% in excessive additional interest which Plaintiff seeks compound on top of the claimed late fees ranging from $25 to $142.67 per month, which Plaintiff purportedly assessed, but, did not otherwise bill or otherwise notify the Defendant of, despite having received and accepted the Defendant's payments; c. hold that the claimed amounts for purported late fees exceed Pennsylvania's usury rate; d. hold that the failure to bill or otherwise contemporaneously notify the Defendant of purported late fees and attempt to collect amounts for which it has accepted payment violates fair debt collection practices laws; e. credit the Defendant for all payments made and deem the Defendant current on his payments to date; f. assess the Defendant at the promised Voisinage 1 rate, currently set at $67.25, going forward; g. order the Plaintiff to restore all privilege including the Defendant's fitness room access; h. estop the Plaintiff from taking any further punitive action against the Defendant; i. award the Defendant a judgment in the amount permissible to rectify the Plaintiffs violation of the fair debt collection practices laws; and j. order any other relief that this Court deems necessary and appropriate. Res • ectfully submitted Larry B trohecker Pro Se 180 Meadow Lane Mechanicsburg, PA 17055 (717) 585 -4554 Larry B. Strohecker, Pro Se 180 Meadow Lane Mechanicsburg, PA 17055 (717) 585 -4554 larrystrohecker @ymail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALDEN NEIGHBORHOOD ASSOCIATION, Appellant/Plaintiff, No. 2014 -0706 v. Civil Action - Law LARRY B. STROHECKER, Appellee /Defendant. VERIFICATION I, Larry B. Strohecker, certify that the facts set forth in the Defendant's Answer are true and correct to the best of my knowledge, information and belief and I am aware that false statements herein made are subject to the penalties of 18 Pa. C.S. 4904. Larry lqr. Strohecker EXHIBIT A Walden Budgets 2013-2014 Summary of Assessments Single Attached Dwelling Dwelling Volslnage I Volsinage 11 General Common Expenses $ 25.00 $ 25.00 $ • 25.00. $ 25.00 Total Assessment (Vacant or Unbuilt /Undeclared Units) Management Fee $ 8.25 $ 8.25 $ 8.25 $ 8,25 Total Assessment (with no Special Allocated Expenses Assessments) Attached Dwelling Special Allocated Expenses $ 42.00 Total Assessment (Attached (Townhome) Dwellings - not in Crossroads) Voisinage I Special Allocated Expenses Assessment (Townhome or Interior Space Home) in Crossroads) (Total Assessment ( Townhome) in Crossroads) 34.00 $ 34.00 Voisinage II Special Allocated Expenses $ 90.00 Total Assessment (interior Space Homes in Crossroads) Voisinage II Special Allocated Insurance Expenses $ 32.00 Insurance Assessment (Interior Space Home in Crossroads) Total $ 33.25 $ 75.25 $ 67.25 $ 189.26 2012 - 2013 $ 30.49 $ 69.45 $ 59.43 $ 180.31 EXH BIT B 1.4 fih,.3MCIOAt • ''''''"%ru'r-:+foRm..W.iit,ARm LARRY B. STROHECKER fir 4- /h71 MECHANICSBURG, PA 17050-7901 Pay to the Order of it' 60 L Ass.d <-4 „rx.sairsfinVea 1,1,50 1090 30.742613140 ifv.. 6 7 Donurs. .4.4 ite II :Am .1AF290,1:99tDczEIAV1TirNe71840949544ANK USM (210) 48e-eoba 1-800•832-3724 For OA- ADIA-0400 1:3 14074 2691: 0°50 251331 TRANSIT POUTING NUMB..? ACCOUNT NUMBER 70.:;i47.1.1-JC1 LARRY B. STROHECKER 50-134)14RBI9NAB9- ORt I IS- ttChWtou•-• ety MECHANICSBURG, PA 17050-7901 PQ) to the Order of N'A tA .....xpLAUX•MtIVISMI ' 5.5p USAA FEDERAL SAVINGS BANK 10T50114cDERMOTT FWY USAA SAN ANTONIO, TEXAS 78288-0544 (210) 986-8000 180D-8323724 For autt,. cot., I: 3 11110 2691° SO 25133 TRANSIT ROUTING NUMEorr............ ACCOUNT 011444P. ''''',Vohlsaupusrowafrarrneze,.... 1091 10-7426/3140 0 ‘rs Th USAA / My Accounts / Account Summary Page 1 of 1 USAAm Check # 1091 Check Number Account Number Original Description Posted Date Mar 7, 2014 Amo $67.50) 10913hare. Connect. Explore.Visit the Member GO MOBILEapps & 502colinunity, more CHECK # 0000001091 LARRY IL STR OeiBYNBBifIIE.M !ls w•. 061 1Ci�1*WCSB.JG,PA 170a04801 f6 J _C-/x/4 7�i -� 10�(o /S """` Dollars l9 1091 3044214141) ti7Sa IRAN iaa RAL SAW.= UM* +m) MooEavn fwr rwAwmuanZw ruw 2 PIP s awe° i-a s7a- ai S 6_ lw,i 1:3 i40 ?4269!: 'SO 2 583 i IP +wmn WWI w Uncategarized These purchases have posted, but are not yet fully processed. Once a transaction has processed, you can change the category. Close https: / /www.usaa.com/inet/ gas_ bank /BkAccounts? target= AccountSummary&currentaccoun... 3/8/2014 USAA / My Accounts / Account Summary USAA' Check # 1126 Check Number Account Number Original Description Posted Date Amount Share. Connect. Explore.Visit the Member GO MOBILEapps & Comonity. 50258311 CHECK # 0000001126 Mar 7, 2014 ($67.50) more LARRY B STRORECKER UM MEADOW IN MECHANICSBURG, PA 170ES4E7 b $ PpO1LJ rhoncisumAi 0,cs USA& FEDERAL GAVIN= winc Visa MoDER1007T AMON10.1ELY171211.47544 UMW k CM) NM= laxwmatang Far IM FEE 115 f1.1.€4, M•LI-orgstw II: 3 74 2Cacia: 50 58 3 Li' 1126 31.7M011. Dollars m Page 1 of 1 https://www.usaa.com/inet/gas_bank/BkAccounts?thrget=AccountSurnmary&currentaccoun... 3/8/2014 Larry B. Strohecker, Pro Se 180 Meadow Lane Mechanicsburg, PA 17055 (717) 585-4554 larrystrohecker@ymail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALDEN NEIGHBORHOOD ASSOCIATION, Appellant/Plaintiff, No, 2014-0706 v. Civil Action - Law LARRY B. STROHECKER, Appellee/Defendant. CERTIFICATE OF SERVICE NOW, this 10th day of March, 2013, I Larry B. Strohecker, Pro Se, caused to be served a true and correct copy of Defendant's Answer in the above-captioned actions by delivering a true and correct copy of same to the following persons: Christopher E. Fisher TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 743 idnizAJ r9- Larry B. Straecker, Defendant, Pro Se 180 Meadow Lane Mechanicsburg, PA 17055 (717) 585-4554