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HomeMy WebLinkAbout14-0738 Supreme Cou` o Pennsylvania COUP - of•Cdnimo leas For Prothonotary Use Only: v I Cai1Cb er Sheet 1 'J Docket No: CUtJIB1F2LND" l X I Jc .��.. �'- County 1 � • � V The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons 0 Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T , Pjer Grbavac Cedar Place Condominium Association I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: El within arbitration limits O (check one) Ooutside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJ Appeal? 0 Yes Xi No A Name of Plaintiff /Appellant's Attorney: Craiq A. Diehl, Esquire 0 Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other C! Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C 1x' Other: f J Employment Dispute: Other 0 Zoning Board T, Neqliqence 0 Other: I (x' Other: O MASS TORT Property Repair 0 Asbestos N 0 Tobacco �i Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial 1 Quo Warranto 0 Dental CI Partition 0 Replevin Oi Legal ] Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 rsr rM r+iyr . e.. if �r i t l Y '+..{T11t't TAR `( �9 JJla 9 cull-l AND COUNTY , PEIIild YL'w°AW'A Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff PJER GRBAVAC : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, NN YLVANIA NO. l U1 V. CEDAR PLACE CONDOMINIUM ASSOCIATION Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 0 �k-M /9aF ° �2'it &I qS AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff PJER GRBAVAC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. V. CEDAR PLACE CONDOMINIUM ASSOCIATION Defendant CIVIL ACTION - LAW COMPLAINT NOW COMES Plaintiff, Pjer Grbavac, by and through his counsel, Law Offices of Craig A. Diehl, averring the following: 1. Plaintiff, Pjer Grbavac, is an adult individual with an address of 2101 Cedar Run Drive, Apartment 103, Camp Hill, Pennsylvania 17011 (hereinafter the "unit "). 2. Defendant, Cedar Place Condominium Association, is a Pennsylvania non - profit corporation with a registered office address listed at 931 North Front Street, Harrisburg, Pennsylvania 17102. Defendant also has a mailing address listed at P.O. Box 233, Hummelstown, Pennsylvania 17036. 3. Plaintiff purchased his unit on June 26, 2009. 4. Beginning in March of 2010, Plaintiff noticed that water had entered the unit after a rainstorm, and he immediately informed the Defendant. 5. Plaintiff requested that Defendant take action to prevent water from entering the unit in the future. 6. Defendant, by and through its representatives, verbally assured Plaintiff that it would undertake work to prevent water from entering Plaintiff's unit. 7. Despite Defendant's assurance, Plaintiff's unit continued to periodically experience water damage after heavy rainfall from 2010 through October 2013. 8. After each time water entered the unit, Plaintiff informed Defendant, who assured him that it would take preventative steps to fix the problem. 9. Defendant never informed Plaintiff when the repair work would commence, or when it would be completed. 10. In January 2013, Mr. Tim Clouser, President of the Defendant, verbally informed Plaintiff that the water leakage problem had been fixed. 11. On October 11, 2013, Plaintiff's unit suffered significant water damage due to heavy rainfall. 12. On October 19, 2013, heavy rainfall again caused significant water damage to Plaintiff's unit. 13. Plaintiff immediately informed Mr. Clouser about the flooding and asked that Defendant take action to repair his unit and fix the source of the water leak. 14. Mr. Clouser informed Plaintiff that the Defendant would not be able to repair his unit due to Defendant's lack of financial resources. 15. Plaintiff, by and through the undersigned counsel, sent a certified letter to Mr. Clouser on November 14, 2013, formally requesting Defendant to repair Plaintiff's unit and fix the source of the water leak, or face legal action. (See Exhibit "A" for a true and correct copy of the November 14 th letter). 16. Neither Mr. Clouser nor any representative of Defendant has contacted Plaintiff or undersigned counsel since its receipt of the November 14 letter. 17. Plaintiff, unable to endure the unsanitary condition existing in the unit due to the flooding, hired two private contractors to restore the unit to its original condition. 18. Plaintiff's contractors replaced the damaged carpeting and installed new drywall. Plaintiff expended Six Thousand Five Hundred Forty Dollars and Sixty -Nine Cents ($6,540.69) for these basic repair costs. 19. The cause of the leak coming from outside the unit still has not been properly identified and repaired. 20. According to the Declaration of Cedar Place Condominium, the Executive Board is required to obtain an all -risk hazard insurance policy for the entire condominium development and the individual units, and this policy must cover "all risks of direct physical loss commonly insured against." (See Exhibit `B" for a true and correct copy of the Declaration of Condominium of Cedar Place Condominium (hereinafter "Declaration ")). 21. Defendant has not informed Plaintiff of any insurance claim it filed with its insurer for the damage Plaintiff's unit experienced, and thus, Plaintiff believes and avers that Defendant has not filed such claim despite being notified by Plaintiff of the water damage. 22. The Declaration also provides that Defendant is responsible for maintenance, replacement, and repair of the "common elements," which includes the grounds and those portions of the property not situated within the individual units. See Declaration Sections 1.3.2(e) and 2.4. 23. Plaintiff is responsible for the repairs and upkeep of the area within his unit. See Declaration Sections 2.3 and 2.4. 24. Defendant also possesses an easement over the common elements "for the purpose of inspecting, upkeep, maintenance, repair and replacement" of the common elements. See Declaration Section 4.1.4. 25. Plaintiff believes and, therefore, avers that in order to prevent the leak from occurring in the future, it will be necessary to perform repairs to the common elements outside his unit, including the building and its foundation. 26. The most reasonably priced estimate Plaintiff received for such preventative maintenance and repairs to combat future water damage from occurring to his unit came from B &D Contracting Services at Five Thousand Five Hundred Dollars ($5,500.00). 27. Any such repairs would need to be performed on the areas outside of Plaintiff's unit. COUNT NEGLIGENCE 28. The averments set forth in paragraphs 1 -27 are incorporated herein as if fully set forth. 29. Defendant had notice that Plaintiff's unit was susceptible to water damage due to rainfall because Plaintiff informed Defendant that his unit suffered flooding damage in March of 2010, when water appeared after a heavy rainstorm. 30. Defendant responded to this initial report by verbally assuring Plaintiff that it would repair and take steps to prevent rainwater from entering the unit in the future. 31. Plaintiffs unit continued to periodically suffer water damage after rainstorms from 2010 through 2013. 32. Plaintiff relied on and expected that Defendant would undertake the necessary repairs to the area outside of his unit based on Defendant's assurances. 33. According to the terms of the Declaration, Defendant has a duty to repair and maintain all areas of the condominium that are outside of the individual units. 34. Defendant did not repair or take steps to prevent water from entering Plaintiff's unit from the outside. 35. Plaintiff's unit suffered extensive damage after heavy rainstorms on October l Ith and October 19 2013. 36. Defendant has failed to take action in cleaning and repairing Plaintiff's unit after the October 2013 storms, and has failed to take the necessary steps to prevent the unit from experiencing water damage from future storms. 37. Due to Defendant's inaction, Plaintiff was forced to pay for the repairs to his unit at his own expense, and risks further damage to the unit due to Defendant's failure to repair and maintain the area outside his unit. 38. The damages the Plaintiff's unit sustained were not caused by any action or inaction on the part of the Plaintiff. WHEREFORE, Plaintiff respectfully requests a judgment to be entered in his favor and against Defendant for an amount in excess of Twelve Thousand Dollars ($12,000.00), plus attorney's fees and reasonable costs, and such further relief this Court deems just and reasonable. COUNT II BREACH OF CONTRACT 39. The averments set forth in paragraphs 1-38 are incorporated herein as if fully set forth. 40. According to the terms of the Declaration, Defendant is responsible for maintenance and repair of the "common elements," which include all portions of the property on which the Condominium sits other than the area inside of the individual units. 41. Defendant further owns an easement for the specific purpose of maintenance and repair of the common elements. 42. Defendant has not undertaken repairs nor has it performed any maintenance to the area outside Plaintiff's unit. 43. Plaintiff avers that proper repairs and maintenance to the surface and subsurface area, as well as to the building and its foundation, are necessary in order to alleviate the drainage problem and further prevent rainwater from entering Plaintiff s unit. 44. Due to Defendant's inaction to perform the repairs and maintenance, Plaintiff has suffered economic damage by having to expend his own funds to restore his unit. WHEREFORE, Plaintiff respectfully requests a judgment to be entered in his favor and against Defendant for an amount in excess of Twelve Thousand Dollars ($12,000.00), plus attorney's fees and reasonable costs, and such further relief this Court deems just and reasonable. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763 -7613 Fax: (717) 763 -8293 Attorney for Plaintiff EXHIBIT A i Laiv Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, Pennsylvania 17011 Telephone (717) 763 -7613 Fax (717) 763 -8293 www.cadiehliaw.com In Spring Grove, Pennsylvania Craig A. Diehl, Esquire, CPA Thomas L. McGlaughlin, Esquire 119A West Hanover Street Robert B. Hamilton, Esquire Spring Grove, PA 17362 Telephone: (717) 225 -1929 November 14, 2013 Tim Clouser 801 East Park Drive, Suite 106 Harrisburg, PA 17111 RE: Cedar Place Condominium Association - Pjer Grbavac Dear Mr. Clouser: This firm has been retained by Pjer Grbavac. It is our understanding that Mr. Grbavac initially informed the Condominium Association approximately two years ago that each time it rained, water had entered his unit. Despite repeated promises by the Association to fix the leak, the problem has grown exponentially worse. Last month, Mr. Grbavac's unit flooded, causing significant water damage from heavy rainfall. We also understand that he immediately contacted you, requesting that the Association take such measures to repair the damage and prevent water from entering the unit in the future. The Association has not acted on his request and has failed to take these necessary steps. As a result, his unit continues to experience such damage anytime it rains. Just two weeks ago, he experienced the same problem with the heavy wind and rain. Accordingly, this letter serves as a final demand to rectify the problem by repairing and restoring the damage to Mr. Grbavac's unit and taking the necessary steps to prevent water from entering the unit in the future. If you fail to take such measures within 10 days from receipt of this letter we have advised Mr. Grbavac to hire his own private contractor to remedy the situation, and, thereafter, we will file a lawsuit against the Association seeking reimbursement for costs expended in this regard. There is no question that the Association should bear the cost of repair in this situation. No one should have to endure living in a home that experiences flooding due to an inability to hold back rain water. We will look forward to your timely response. i Sincerely, G% 6 Craig A. Diehl, Esquire cc: Pjer Grbavac VERIFICATION I, Pjer Grbavac, Plaintiff above - named, being duly sworn according to law, deposes that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ,, ,,�PJER GRBA�C` EXHIBIT B DECLARATION OF CONDOMMWUM OF C CEDAR PLACE CONDOM[NIUM Pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa..C.S. § 3101 et seq. Q L CID LLJ Z C� U�° V- N O V - p J DECLARATION OF CONDOMINIUM OF CEDAR PLACE CONDOMINIUM TABLE OF CONTENTS ARTICLE I SUBMISSION AND DEFINED TERMS ......................... 1 Section 1.1 Declarant; Property; County; Name ................ 1 Section 1.2 Easements and Licenses ....................... 1 Section 1.3 Defined Terms ............................ 2 Section 1.4 Provisions of the Act ......................... 4 ARTICLE 11 ALLOCATION OF PERCENTAGE INTEREST; VOTES AND COMMON EXPENSE LIABn=; UNIT IDENTIFICATION AND BOUNDARIES; MAINTENANCE RESPONSIBILITIES ............ 4 Section 2.1 Percentage Interest .......................... 4 Section 2.2 Votes and Common Expense Liability .............. 4 Section 2.3 Unit Title Lines ............................ 6 Section 2.4 Maintenance Responsibilities .................... 6 Section 2.5 Combination of Units; Subdivision and Conversion of Units... ............................... 7 ARTICLE III DESCRIPTION, ALLOCATION AND RESTRICTION OF COMMON ELEMENTS AND . LIlVIITED COMMON ELEMENTS ........ 8 Section 3.1 Limited Common Elements ..................... 8 Section 3.2 Parking Spaces and Parking Area ................. 8 Section 3.3 Designation of Reserved Common Elements ....... 8 ARTICLE IV EASEMENTS .......... ............................... 8 Section 4.1 Additional Easements .......................... 8 Section 4.2 Perpetual Easements ......................... 11 -i- ARTICLE V AMENDMENT OF DECLARATION 11 Section 5.1 Amendment Generally ........................ 11 Section 5.2 Rights of Secured Lenders and Posted Mortgagees ....... 11 Section 5.3 Rights of Declarant .......................... 13 Section 5.4 Other Amendments .......................... 13 ARTICLE VI USE RESTRICTIONS ...................... 13 Section 6.1 Use and Occupancy of Units and Common Elements :.... 13 ARTICLE VII MORTGAGES .................. 16 Section 7.1 Posted Mortgages 16 ARTICLE VIII RIGHTS OF POSTED MORTGAGES 17 Section 8.1 Amendments .............................. 17 Section 8.2 Notice Requests .................. ........ 17 Section 8.3 Books and Records .......................... 18 Section 8.4 Condemnation and Insurance Proceeds .............. 18 Section 8.5 FNMA and FHLMC Requirements ................ 19 ARTICLE IX LEASING ............. ............................... 19 Section 9.1 Restrictions .............................. 19 ARTICLE X REAL ESTATE TAXES .... ............................... 19 Section 10.1 Real Estate Taxes .......................... 19 ARTICLE XI BUDGETS; COMMON EXPENSES. ASSESSMENTS AND APPORTIONMENT ....................... 20 Section 11.1 Annual Budget ............................ 20 Section 11.2 Special Assessments .... 20 Section 11.3 Monthly Payments ......................... 20 Section 11.4 Subordination of Certain Charges ................ 20 Section 11.5 Reserve . ............................... 20 Section 11.6 Accounting .............................. 21 Section 11.7 Acceleration ............................. 21 Section 11.8 Interest and Charges ........................ 21 Section 11.9 Surplus . ............................... 21 ' -11- ARTICLE )M DECLARANT'S RIGHTS ... ............................... 22 Section 12.1 Control . ............................... 22 Section 12.2 Special Declarant's Rights ..................... 22 Section 12.3 Transfer of Declarant's Rights .................. 23 ARTICLE XIII POWERS OF THE EXECUTIVE BOARD 23 Section 13.1 General . ..........................:.... 23 ARTICLE XIV MUTATION OF LIABILITY ............................... 25 Section 14.1 Limited Liability of the Executive Board ............ 25 Section 14.2 Indemnification ........................... 26 Section 14.3 Defense of Claims ......................... 26 Section 14.4 Insurance ............................... 26 ARTICLE XV INSURANCE .......... ............................... 26 Section 15.1 Generally ............. 26 Section 15.2 Insurance Trustee .......................... 30 Section 15.3 General Insurance Provisions ................ 31 Section 15.4 Condemnation ............................ 32 ARTICLE XVI MISCELLANEOUS ...... ............................... 32 Section 16.1 Invalidity ............................... 32 Section 16.2 Waiver . ............................... 33 Section 16.3 Gender . ............................... 33 Section 16.4 Effective Date ............................ 33 E UMI'IS Exhibit A - Legal Description Exhibit B - Percentage Interest in Common Elements Exhibit C - Plats and Plans . -iiu- DECLARATION OF CONDOMINIUM CEDAR PLACE CONDOMINIUM Cedar Run Drive Lower Allen Township, Cumberland County Commonwealth of Pennsylvania THIS DECLARATION is made this day of , 1997, by Cedar Place Partners, a Pennsylvania general partnership, having its p 'n al place of business at 20 North Market Square, Harrisburg, Dauphin County, Penns vania, hereinafter called "Declarant", as owner in fee simple of the Real Estate herein described, pursuant to provisions of Section 3201 of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §3101, et seq. WITNESSETH ARTICLE I SUBMISSION AND DEFINED TERMS Section 1.1 Declarant; Property; County; Name. Declarant, owner in fee simple of Lot No. 6, Plan for Cedar Run, Inc. dated September 5, 1975, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 9 containing 1.139 acres more or less, which said real estate is more particularly bounded and described in Exhibit "A ", attached hereto and made part hereof, situate in the Township of Lower Allen, Cumberland County, Pennsylvania, hereby submits said Real Estate, including all easements, rights and appurtenances thereto and the building and improvements erected or to be erected thereon (collectively the "Property ") to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § § 3101, r, seo (as the same may be amended from time to time, the "Act ") and hereby create with respect to the Property a residential condominium, to be known as "Cedar Place Condominium" (hereinafter called "Condominium "). Section 1.2 Easements and Licenses. Included among the easements, rights and appurtenances referred to in Section 1.1 above are the following recorded easements and licenses pertaining to the Property as submitted: a) Subject to the rights of Bell Telephone Company as set forth in Miscellaneous Book 212, Page 643, and Miscellaneous Book 345, Page 133. b) Subject to the rights of Riverton Consolidated Water Company as set forth in Miscellaneous Book 198, Page 27: c) Subject to the rights of the Pennsylvania Power & Light Co. as set forth in Miscellaneous Book 212, Page 643, and in Miscellaneous Book 342, Page 1097. d) Subject to rights of easement set forth in Miscellaneous Book M25, Page 850. e) Subject to restrictions in Miscellaneous Book 231, Page 505. f) Subject to right -of -way to Sammons Communications in Miscellaneous Book 341, Page 429. g) Subject to conditions, easements, setback lines and notes as shown on a Final Plan for Cedar Run, Inc., dated September 5, 1975, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 9. Section 1.3 Defined Terms. Section 1.3.1 Capitalized Terms. Capitalized terms not otherwise defined herein or in the Plats and Plans have the meanings specified in the Act. Section 1.3.2 Definitions. The following terms are used or defined in general terms in the Act and shall have specific meaning herein as follows: a) "Act" means the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § §3101 'et seq. b) "Association" means the Unit Owners' Association of the Condominium. c) "Bylaws" means the document having the name and providing for governance of the Association in accordance with Section 3306 of the Act, as such document may be amended from time to time. d) "Building" means any or all of that certain three (3) story stricture erected on the Property and containing the Units. e) "Common Elements" means all portions of the Condominium other than the Units. f) "Common Expenses" means expenditures made or liabilities incurred by or on behalf to the Association, together with any allocation of reserves. g) "Condominium" means the Condominium described in Section 1.1 above. h) "Declarant" means the Declarant, described in Section 1.1 above and all successors to any Special Declarant's Rights. i) "Declarant Mortgage" means that mortgage on the Property given by Declarant to Declarant Mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage 2 Book 871, Page 195, including all amendments, modifications or supplements thereto and restatements thereof. j) "Declarant Mortgagee" means Farmers Fast Bank, a Pennsylvania bank and trust company with its principal offices located in Lititz, Pennsylvania, its successors and assigns. k) "Declaration" means this document, as may be amended from time to time. 1) "Executive Board" means the Executive Board of the Association. m) "Limited Common Elements" means those parts of the Property either described in the Act as being Limited Common Elements or described herein or in the Plats and Plans as being Limited Common Elements including, but not limited to, balconies or patios. n) "Percentage Interest" means the undivided ownership interest in the Common Elements appurtenant to each Unit as set forth in Exhibit "B" attached as the same may be amended from time to time. "Percentage Interest" is calculated on the basis of area of any Unit as it bears to the area of all Units constructed. o) "Person" means a natural person, cooperation, partnership, association, trust or other entity or any combination thereof. p) "Plats and Plans" means visual depiction of all structures, other improvements and land included in the Condominium which complies with the requirements of Section 3210 of the Act (including, without limitation, the depiction of the Units and certain of the Common Elements and the Limited Common Elements), as the same may be amended from time to time, which are recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book _, Page q) "Posted Mortgage" means a first mortgage (which shall not include the Declarant Mortgage) ) given by any Unit Owner other than Declarant to (i) the Declarant; (ri) the seller of a Unit; (iii) a bank, trust company, savings bank, savings and loan association, mortgage service company, insuran company, credit union, pension fund, real estate investment mist or lice institutional investor or lender and (iv) any other mortgagee approved by the Executive Board. A holder of a Posted Mortgage is referred to herein as a "Posted Mortgagee". Notwithstanding the foregoing, a "Posted Mortgagee" shall also mean purchase money second mortgage from the seller of a Unit and the holder of the purchase money second mortgage shall be "Posted Mortgagee ". 3 r) "Property" means the Property described in Section 1.1 above and Exhibit "A" attached hereto and made part hereof. s) . "Purchaser" means any person, other than Declarant, who by means of a voluntary transfer, acquires a legal or equitable interest in a Unit other than a leasehold interest (including renewal options) of less than five (5) years or as security for an obligation. t) "Unit" means a Unit as described herein and in the Plats and Plans. u) "Unit Owner" means a Person who owns a Unit or a Person to whom ownership of a Unit has been conveyed. Section 1.4 Provisions of the Act. The provisions of the Act shall apply to and govern the operation and governance of the Condominium, except to the extent that contrary provisions, not prohibited by the Act, are contained in the Declaration, Bylaws or Plats and Plans. ARTICLE II ALLOCATION OF PERCENTAGE INTEREST; VOTES AND COMMON EXPENSE LIABILITY; UNIT IDENTIFICATION AND BOUNDARIES; MAINTENANCE RESPONSIBILTITFS Section 2.1 Percentage Interest. Attached hereto as Exhibit KB" is a list of all Units by Identifying Numbers and the Percentage Interest appurtenant to each Unit. Said Percentage Interest is based on the area of each Unit as it bears to the area of all Units constructed. The "Area of Each Unit" is the total number of square feet of floor space contained therein determined by reference to the dimensions shown on the Plats and Plans. Section 2.2 Votes and Common Expense Liability. Each unit shall be allocated the number of votes in the association equal to the Percentage Interest in the Common Elements as specified in Section 2.1 and Exhr'bit "B". Voting strength and Common Expense liability shall - be as set forth in Exhibit "B ". Section 2.3 Unit Title Lines. (A) The title lines of each Unit are situated as shown on Plats and Plans and are formed by the following planes: (1) The Unit -side surface of all doors and door sills and hardware, leading from each Unit to interior corridors of the Building and the Unit- side surface of the door frame in which such doors are set; 4 (2) The Unit -side surface of the sash of windows which are set in the exterior walls -of such Unit, the exterior surfaces of the planes of such . windows and doors and the Unit -side surface of the frames and sills for such windows; (3) The Unit -side surface of the drywall constituting the ceiling of the Unit, except that for those portions of the Unit which have a drop ceiling, the title lines shall run along the surface opposite the Unit -side surface of the drop ceiling; (4) The planes formed by the Unit -side surface of the drywall or other material constituting perimeter walls and party walls (walls between Units); (5) The Unit -side face of the plywood floor or other material constituting the floor of such Unit; (6) the Unit -side surface of the furring, as extended, around columns and "stacks" containing pipes, ducts, wires, conduits, chutes, mechanical changes, structural elements and flues that are either Common Elements or Limited Common Elements; and (7) the Unit -side surface of all grilles and registers covering exhaust fans or ventilation ducts. (B) Each Unit consists of all portions of the Building within the aforesaid title lines, except the air space displaced by (r) structural members and bearing columns within or passing through such Unit which are deemed to be Common Elements; and (ii) other Common Elements within such Unit, including, without limitation, chutes, flues, ducts, wines, conduits and pipe runs which serve more than one Unit. With respect to such chutes, flues, duds, wires, conduits and pipe runs, the provisions of Section 3202(2) of the Act shall apply. There is included within a Unit (by way of illustration and not limitation): (1) The. air space enclosed with such title lines; (2) All partitions which are wholly contained within such title lines, including, but not limited to, all doors, door frames, hardware, electrical outlets and wiring, telephone outlets and conduits and other equipment and devices in such partitions serving only such Unit; (3) All plumbing fixtures located within such title lines and serving only such Unit, and their water and waste connections; 5 (4) All items or mechanical equipment located within such title lines and , serving only such Unit and such equipment's water, waste and electrical connections; (5) Exhaust fans and the grilles, registers, ventilation ducts and related fixtures which serve only such Unit, whether or not any of the foregoing is located in any portion of the Common Elements; (6) Lighting devices (including, by way of illustration and not limitation, lamps and bulbs which are surface- mounted on, recessed in or suspended from ceilings, walls and partitions within or on the perimeter of such Unit) serving only such Unit, whether or not such lighting devices are themselves located entirely within the tittle lines of such Unit; (7) Outlets, wires, cables,. conduits, circuits and related equipment transmitting electricity for lighting and owner or transmitting impulses and signals (including, but not limited to, impulses and signals for telephone, telegraph and television transmission, except to the extent otherwise specifically provided herein) which serve only such Unit and which are located entirely within the title lines of such Unit; (8) . Surface - mounted and recessed cabinets (including, by way of illustration and not limitation, all associates lighting fixtures and accessories); (9) Appliances or electronic mechanisms (if provided), and the portions of their water, waste, electrical and exhaust connections located within such title line and serving only such Unit; and (10) Floor coverings installed on the unit -side surfaces of the structural concrete, slab or other material constituting the floor of such Unit. (C) Those portions of any lighting devices, outlets, cabinets, exhaust fans, ventilation ducts, registers, grilles and similar fixtures which serve only such Unit and which lie partially within and partially outside the title lines of a Unit shall be deemed to be part of such Unit. Section 2.4 Maintenance Responsibilities. Notwithstanding the ownership of various Portions of the Common Elements and the Units by virtue of the foregoing description . of title lines, Units and Common Elements shall be maintained and repaired by each Unit Owner and by the Association in accordance with the provisions of Section 3307 of the Act, except as expressly set forth to the contrary herein. Ordinary maintenance and repair of Limited Common Elements shall be the responsibility of the Unit Owner except as expressly set forth to the contrary herein. Structural repairs and/or replacements of any Limited Common Elements shall 6 be the responsibility of the Association, the costs to be charged as Limited Expenses against the Unit. or Units to which such Limited Common Element was assigned at the time the expense was incurred. Section 2.4.1 Surface Parking Areas and Access Drives. All surface parking areas and access drives shall be Common Elements and shall be maintained by the Association. No parking space shall be assigned to a specific Unit. Section 2.4.2 Balconies or Patios. Ordinary maintenance and repair of the balconies or decks designated as Limited Common Elements which adjoin each Unit shall be the responsibility of the Unit Owner to which such Limited Common Element is appurtenant. Structural repairs or replacements of the balconies or decks shall be the responsibility of the Association, and the cost shall be charged as a Limited Expense among all of those Units to which such a type of Limited Common Element is appurtenant. Section 2.5 Combination of Units; Subdivision and Conversion of Units. Combination of Units shall be permissible pursuant to Section 3213(3) of the Act. Subdivision or conversion of Units shall not be permitted. No Units may be created by subdivision or conversions of Units owned by Declarant pursuant to Section 3215 of the Act unless this Declaration is amended. Declarant may modify the area of any existing Unit subject to the following requirements: a) the modification does not impair the structural integrity or mechanical systems of the Building; b) the modification does not change the exterior appearance of a Unit; c) approval is obtained from the Executive Board (which approval shall not be unreasonably withheld) prior to the commencement of any such modification; d) the modification does not involve th installation, removal, reconstruction or repair . of electrical lighting or electric outlet box, or any heating, ventilation, or air conditioning equipment, or any ventilation or exhaust duct, any of which is located within an interior partition of a Unit or within the ceiling above a Unit, until written approval is obtained from th Executive Board. Approval shall only be obtained if the work performed is of similar or superior quality to that then prevailing. 7 ARTICLE III DESCRIPTION, ALLOCATION AND RESTRICTION OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Section 3.1 Limited Common Elements. Portions of the Common Elements are designated on the Plats and Plans and in the Declaration as Limited Common Elements. These portions of the Common Elements include, without limitation, the patios, balconies or decks. Maintenance responsibility with respect to Limited Common Elements shall be as set forth in Section 2 hereof. Section 3.2 Parking Spaces and Parking Area. All parking spaces located in the surface parking areas will be unassigned and shall be used, in common, by the Unit Owners, their visitors, business invitees and other guests. Declarant, as shown on Plats and Plans, has designated one (1) parldng space as "handicapped- parlang ". Declarant reserves the right to relocate the designated handicapped parking space. The Executive Board shall have the right to relocate the designated handicapped parldng space. Section 3.3 Designation of Reserved Common Elements. Declarant has not designated any portion of the Property as Reserved Common Elements. ARTICLE IV EASEMBI I'S Section 4.1 Additional Easements. In addition to and in supplementation of the easements provided for by Section 3216, Section 3217 and Section 3218 of the Act, the following easements are hereby created: Section 4.1.1 Declamnt's Use for Sales Purposes. Declarant shall have the right to maintain sales offices, management offices and models throughout the Property, including Unit or Units and Common Elements.. Declarant reserves the right to place models, management offices and sales offices on any portion of the Property, including Common Elements and Units, in such number, of such size and such location as Declarant deems appropriate. Declarant may, from time to time, relocate models, management offices and sales offices to a different location within Common Elements. The easement hereby created shall include the right of Declarant to use an existing Unit or Units for the foregoing purposes. The number of Units that can be used for the foregoing purpose at any time shall not exceed two (2). The size of any model, sales office and management office shall be the same size as a Unit designated on the Plats and Plans -Site Plan. Declarant shall have the right to maintain signs in or upon the Common Elements advertising the sale or rental of Units. 8 Section 4.1.2 Utility Easements. The Units and Common Elements shall be and are hereby made subject to easements in favor of Declarant, Lower Allen Township Municipal Authority, appropriate utility and service companies and governmental agencies or authorities for such utilities and service lines and equipment as may be necessary or desirable to service any portion of the Property. The easements created in this Section 4.1.2 shall include, without limitation, right of Declarant, or the providing utility or service company or governmental agency or authority to install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits, water mains and water pipes, sewer and drain lines, television cable, telephone wires and electrical wires, conduit and equipment and ducts aid vents over, under, through, along and on the Units and Common Elements. Notwithstanding the foregoing provision of Section 4.1.2, unless approved in writing by the Unit Owner or Unit Owners affected thereby, any such easement through a Unit shall be located either in substantially the same location as such facilities or similar facilities as existed at the time of the first conveyance of the Unit by Declarant, or so as not to materially interfere with the use or occupancy of the Unit by its occupant. Section 4.1.3 Easement to Correct Drainage. Declarant reserves an easement on, over and under those portions of the Limited Common Elements and the Common Elements not located within the Building for the purpose of maintaining and correcting drainage of surface water in order to maintain reasonable standards of health, safety and appearance. The easement created by this Section 4.1.3 expressly includes the right to cut any trees, bushes, shrubbery, to grade the soil or to make any other actions reasonably necessary, following which Declarant shall restore the affected property as closely to its original as practicable. Section 4.1.4 Easements for Association. The Common Elements (including, but not limited to, the Limited Common Elements) shall be and are hereby made subject to an easement in favor of the Association and the agents, employees and independent contractors of the Association for the purpose of inspecting, upkeep, maintenance, repair and replacement of Common Elements (including, but not limited to, the Limited Common Elements). Section 4.1.5 Easement of Unit Owners - Common Elements. The Common Elements ('including, but not limited to, the Limited Common Elements) shall be and are hereby made subject to the following easements in favor of the Unit Owners benefited: (a) for the installation, repair, maintenance, removal or replacement of pipes, ducts, heating and air conditioning systems, electrical, telephone and other communication wiring cables and all other utility lines and conduit which are a part of or exclusively serve a Unit in which pass across or through a portion of the Common Elements; 9 (b) for the installation, repair, maintenance, use, removal or replacement of overhead lighting fixtures, electrical receptacles and the like which are located-in a portion of the ceiling, wall or floor adjacent to a Unit which is part of the Common Elements, provided that the installation, repair, maintenance, use or replacement of such fixtures, receptacles and the like does not unreasonably interfere with the common use of any part of the Common Elements or impair or structurally weaken the Building; (c) for driving and removing nails, screws, bolts and the like which does not unreasonably interfere with the common use of any part of the Common Elements or impair or structurally weaken the Building; (d) for the maintenance or the encroachment of any existing lighting devise, outlets, cabinets, exhaust fans, ventilation ducts, registers, grills and similar fixtures which serve a Unit, but which encroach into any part of the Common Element or Limited Common Element on the date this Declaration is recorded. Section . 4.1.6 Easement for Association - Units and Limited Common Elements. The Units and the Limited Common Elements are made subject to the following easements: (a) in favor of the Association and its agents, employees and independent contractors for the inspection of Units and Limited Common Elements in order to verify the performance of Unit Owners of all items of maintenance and repair for which they are responsible; for inspection, maintenance, repair and replacement of the Common Elements or the Limited Common Elements, or both; for correction of emergency conditions in one (1) or more Units or Limited Common Elements, or both, or casualties to the Common Elements, Limited Common Elements or Units, or all; for any purpose set forth in this Article IV. In the exercise of the easements as herein granted, the Association and its agents, employees and independent contractors shall take reasonable steps to minimize any interference with a Unit Owner's use of his, her or their Unit resulting from the Association's exercise of any rights reserved pursuant to this Article IV; and (b) in favor of the Unit Owners benefited hereby and the Association and its agents, employees an d independent contractors for installation, repair, maintenance, use, removal or replacement of ducts, electrical, telephone, telegraph or other communication systems and all other utilities lines and conduits which are part of the Common Elements and which pass across or through a portion of one (1) or more Units. Section 4.1.7 Miscellaneous Easement for Unit Owners. Wherever, in this Declaration an d the plats and Plans, a title line of a Unit is described as being part of the upper surface of the plywood floor, it is intended thereby, and is hereby declared, that 10 the Unit Owner of such Unit shall have an easement for the purpose of affixing and removing carpeting, parquet flooring and other floor coverings and otherwise decorating, cleaning and maintaining such surface, all at the cost and expense of the Unit Owner; it being understood and agreed that the Association, acting by its Executive Board, shall, at all times while this Declaration is in effect, retain the right and duty to maintain, repair or replace the structural concrete floors of which said surfaces are a part, notwithstanding the fact that such maintenance, cleaning, repair or replacement may temporarily or adversely affect the Unit Owners' aforesaid easement and right to use the unit -side surface of such structural concrete floor. Further, whenever in this Declaration and the Plats and Plans a title line of a Unit is described as being on the unit -side surface of a designated portion of the Building, it is intended thereby and is hereby declared, that the Unit Owner of such Unit shall have an easement for the purpose of decorative material, pictures, mirrors, wall systems and decorative articles and cleaning and maintaining said surfaces, all at the cost and expense of the Unit Owner. Thus, by way of illustration and not by limitation, the Unit Owner of a Unit has an easement to paint the unit -side surface of a door and a windowsill. It is understood and agreed that the Association, acting by its Executive Board, shall, at all times while this Declaration is in effect, retain the right and duty to maintain, repair or replace the portions of the Building of which said surfaces are a part, notwithstanding the fact that such maintenance, cleaning, repair or replacement may temporarily or adversely affect the Unit Owners' aforesaid easement and the right to use the unit -side surface of such portion of the Building. Section 4.2 Perpetual Easements. All easements, rights and restrictions described and mentioned in this Declaration are easements appurtenant, running with the land, including the Units and the Common Elements, and shall continue in full force and effect until the termination of this Declaration, as it may be amended from time to time. ARTICLE V AMIIVDN ENT OF DECLARATION Section 5.1 Amendment Generally. This Declaration may be amended only in accordance with the procedures specified in Section 3219 of the Act, the other Sections of the . Act referred to in Section 3219 therefore and the expressed provisions of this Declaration. Section 5.2 Rights of Secured Lenders and Posted Mortgagees. Subject to the limitations imposed by Section 3221 of the Act and except as set forth below, no amendment of this Declaration may be made without the prior written approval of (a) Declarant Mortgagee in all cases and (b) all record holders of fast mortgages on Units in and to the extent that such. approval is required by the Act or if to the extent that such amendment would have the effect of (i) terminating or abandoning the Condominium (except for termination or abandonment as a result of taking -of aA the Units by eminent domain); (ii) abandoning, encumbering, selling or transferring the Common Elements; (iii) partitioning or subdividing any Unit or Common 11 Elements; or (iv) changing the Percentage Interests of any Unit Owner, except when such Percentage Interest is modified.in accordance with Article VI below. This granting' of easements for public utilities or other public purposes consistent with the intended use of the Common Elements shall not be deemed to be a transfer within the meaning of this Section. Amendments of a material nature to the Declaration or Bylaws must be agreed to by Unit Owners representing at least 67% of the total allocated votes in the Association. In addition, approval must be obtained from the Declarant Mortgagee and the first lien mortgage holders re presenting at least 51 % of the votes of Units that are subject to mortgages held by Posted Mortgages. A change to any of the provisions or requirements in the Declaration or the Bylaws goveming the following would be considered as material: (1) voting rights; (2) assessment liens, the priority of assessment liens or increases in assessments that raise previously assessed amounts by more than 25 %; (3) reductions in reserves for maintenance, repair, and replacement of Common Elements; (4) responsibility for maintenance and repairs; (5) reallocation of 'interests in the general or Limited Common Elements or rights to their use; (6) redefinition of Unit boundaries; (7) convertibility of Units into Common Elements or vice versa; (8) expansion or contraction of the Condominium, or the addition, annexation, or withdrawal of property to or from the Condominium; (9) hazard and fidelity insuran requirements; (10) the imposition of restrictions on the leasing of Units beyond restrictions set forth herein or in the Rules and Regulations; (11) imposition of any restrictions of Unit Owner's right to sell or transfer his or her Unit; (12) a decision by the Association to establish self- management; (13) restoration or repair of the Building (after damage or partial condemnation) in a manner other than that specified herein; 12 (14) any action to terminate the legal status of the Condominium after substantial destruction or condemnation occurs or, any provisions that expressly benefit mortgage holders, insurers, or guarantors. Termination of the legal status of the Condominium for reasons other than substantial destruction or condemnation of the Property shall not be effectuated without the approval of the Declarant Mortgagee and holders of Posted Mortgages that represent at least 67 % of the votes of the mortgaged Units. If an amendment is properly sent to a Posted Mortgagee for approval by certified or registered mail with a "return receipt" requested, implied approval shall be assumed when Posted Mortgagee fails to submit a response to such proposal for an amendment within 30 days after the proposal is received. Any Posted Mortgagee who receives a written request to approve any amendments to this Declaration by certified or registered mail, with "return receipt requested ", and fails to deliver or mail a negative response to the Association within thirty (30) days of the date of such request shall be deemed to have approved such request. Section 5.3 Rights of Declarant. No change, modification or amendment which adversely affects the rights, privileges or obligations of the Declarant which are granted under this Declaration, the Bylaws or the Act shall be effective without the prior written consent of the Declarant, until such time as Declarant owns twenty-five (25) or fewer Units. Section 5.4 Other Amendments. If any amendment is necessary in the judgment of the Executive Board to cure any ambiguity or to correct or supplement any provision of this Declaration or the Plats and Plans which is defective or inconsistent with any other provision hereof or thereof or with the Act, or to change, correct or supplement anything appearing or failing to appear in the Plats and Plans which is incorrect, defective or similarly inconsistent, or if such amendment is necessary to conform to the then current requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with respect to condominium projects, the Executive Board may, any time and from time to time effect such amendment without the approval of the Unit Owners, or Posted Mortgagees, but not without the approval of Declarant Mortgagee, upon receipt by the Executive Board of an opinion from independent legal counsel to the effect that the proposed amendment is permitted by the terms of this sentence. Each such amendment shall. be effective upon the recording of an appropriate instrument setting forth the amendment and its due execution and acknowledgement by one or more officers of the Board. ARTICLE VI USE RESTRICTIONS Section 6.1 Use and Occupancy of Units and Common Elements. The occupancy and use of the Units and Common Elements, including Limited Common Elements, shall be subject to the following restrictions: 13 (a) No Unit shall be used for any purpose other than a private single family dwelling for the Unit Owner or Owners and his, her or their immediate family or by a natural person or natural person's immediate family to whom the Unit Owner has leased the Unit, subject to the provisions of this Declaration and Bylaws. This provision shall not apply to Units used by Declarant as models or sales offices pursuant to Section 4.1.1 hereof. (b) No professional business or home occupation of any nature shall be permitted even if accessory to main residential use of the Unit. (c) No Unit Owner nor any occupant of any Unit shall permit or suffer anything to be done or keep upon the Property which will increase the rate of insurance on the Property or the contents thereof or which will interfere with the rights of the other Unit Owners, annoy them with ummsonable noises or otherwise, nor will any Unit Owner or occupant of any Unit commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed in or on the Property. (d) Each Unit Owner shall maintain his, her or their Unit, to include the balcony, patio or deck in good condition, order and repair at the Unit Owner's expense, except as expressly provided in this Declaration. (e) No Unit Owner or any occupant of any Unit shall display, hang, store or use any sign or articles whatsoever outside the Unit, except the use of items of personal property shall be permitted on or within the balcony or deck and storage area subject to Rules and Regulations established by the Executive Board. (f) Drapes, curtains or shades will be permitted in accordance with the Rules and Regulations established by the Executive Board. (g) No Unit Owner may paint, decorate or otherwise alter or modify in any way the exterior of the Building, including, without limitations, any exterior door of the Unit, including the front door and the door to the balcony or deck; install outside the Uw;x any canopy, awning, covering, shutter, radio or television antenna or other structure or addition of any kind whatsoever without the prior written consent of the Executive Board. (h) Trash and other waste will be maintained in receptacles located within each Unit, and said trash and other waste shall be deposited in the trash dumpster from time to time. In the event that the Township of Lower Allen shall adopt a recycling program, then trash and other waste shall be segregated as required by the municipality. Garbage shall be disposed of by means of the garbage disposal within each Unit. (i) No article of personal property belonging to any Unit Owner or otherwise shall be stored in the Common Elements or Limited Common Elements, except grills, patio furniture and the like may be stored on the balcony or deck. Further, no storage or 14 personal property, except operational motor vehicles, shall be stored in the designated parking spaces in the surface parking areas subject to the Rules and Regulations. 0) The Common Elements shall be used only for the furnishing the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of the Units. Unit Owners or occupants of Units shall not place or cause to be placed in the corridors, stair towers, public walkways, all parking areas or other Common Elements, any furniture, package or objects of any kind. Common Elements shall not be used as play areas for children of Unit Owners or for children of occupants of Units or for children of guests or invitees. (k) Unit Owners or occupants of Units shall park their motor vehicles in the unassigned parking spaces within the surface parking areas. Each Unit, whether occupied by Unit Owners or other occupants, shall not have more than two (2) motor vehicles. Storage of non - operational vehicles within the Common Elements, to include the surface parking areas, is prohibited. Storage of boats, recreational vehicles, trailers and the like in the surface parking area or in the Common Elements, is prohibited. (1) No animals or poultry of any kind other than a domestic household pet shall be kept and maintained on any part of the Property or in any Unit. Dogs, cats or other domestic household pets may not be kept, bred or maintained for any commercial use or purpose. A permitted household pet must be controlled so that they do not disturb other occupants of the Building. A permitted household pet may not be outside a Unit except when the permitted household pet is on a leash and accompanied by a Person. A permitted household pet must reside in the Unit and not on the balcony or deck or storage area. Each unit shall be restricted to one (1) permitted domestic household pet limited to 50 pounds. (m) No signs shall be erected on the Property, except for the Declarant's rights to maintain directional and promotional signs as set forth herein. (n) All exterior planting (including flowers) and landscaping in the Common Elements shall be in accordance with Rules and Regulations promulgated by the Executive Board. Unit Owners may plant flowers or other landscaping within the balconies or deck provided that no permanent " planters" are constructed and any such planters do not adversely affect the stnrctural capabilities of the deck or balcony. (o) The Executive Board may, from time to time, promulgate Rules and Regulations, not in conflict with provisions of this Declaration, conce the use and enjoyment of the Property, subject to the right of the Unit Owners' Association to change such Executive Board Rules and Regulations. Copies of the then - current Executive Board Rules and Regulations and any amendments thereto shall be furnished to all Unit Owners and occupants by the Executive Board promptly after the adoption of such Executive Board Rules and Regulations or any amendments thereto. 15 ARTICLE VII MORTGAGES Section 7.1 Posted Mortgages. A Unit Owner other than Declarant or the Executive Board may not voluntarily encumber or subject his, her or their Unit to any lien, other than the lien of a Posted Mortgage. All such Posted Mortgages and the obligations secured thereby shall be deemed to provide, generally, that the Posted Mortgage and the rights and obligations or the parties thereto shall be subject to the terms and conditions of the Act and this Declaration and shall be deemed to provide specifically, but not limited to, that the Posted Mortgagee shall have no rights (a) with respect to insurance policies maintained by the Association for the benefit of Unit Owners, to participate in the adjustment of losses with insurers or in the decision as to whether or how to repair or restore damage to or destruction to the Property, (b) to receive or apply the proceeds of insurance maintained by the Association for the benefit of Unit Owners to the reduction of mortgage debt or otherwise, except in the event and to the extent of a distribution thereof - to Unit Owners upon the happening of either a termination or of insurance proceeds being received in excess of the cost of repair or restoration, or (c) to accelerate the mortgage debt or to have any other remedies by virtue of waste or alleged waste or other condition occurring anywhere on the Property other than within the affected Unit, and the obligation secured shall be prepayable, without penalty, upon the happening of any termination as aforesaid. No Unit Owner shall deliver any mortgage, or any obligation to be secured thereby, unless it has first notified the Executive Board of the name and address of the proposed mortgagee and of the amount of the debt proposed to be so secured. When such a Posted Mortgage is delivered to the Posted Mortgagee, the Unit Owners shall simultaneously provide executed or conformed copies to the Executive Board. Upon receipt of such copy of a Posted Mortgage, the Secretary of the Executive Board shall instruct the insurer of the Property to add the name of the Posted Mortgagee to the Mortgagee Loss Payable provision of the hazard insurance policy covering the Property to provide such Posted Mortgagee with a Certificate of Insurance showing that the Posted Mortgagee's name has been added. The failure of a Unit Owner to deliver any mortgage without having first notified the Executive Board or thereafter failing to provide the Executive Board with an executed or conformed copy shall not impair or affect the validity of the lien created. thereby; provided, however, the holder of such a mortgage shall not be entitled to exercise the rights, or be accorded the rights, granted to a Posted Mortgagee until the Executive Board shall have been provided with the notice required under this Article VII. The Secretary shall maintain a register of such Posted Mortgages, showing the names and addresses of the Posted Mortgagees and the amount secured thereby. 16 ARTICLE VIII RIGHTS OF POSTED MORTGAGES Section 8.1 Amendments. Section 8.1.1 Termination of Condominium. Subject to the provisions of Section 3220(a) of the Act, the Condominium may be terminated with agreement of Declarant Mortgagee and Posted Mortgagees of Units which have (i) at least fifty -one (51 %) percent of the votes of Units subject to fast mortgages in the event of a substantial destruction or substantial taking by eminent domain of the Premises, or (ii) sixty-seven (67%) of the Votes of Units subject to first mortgages in any event other than a substantial destruction or substantial taking by eminent domain of the Premises. Section 8.1.2 Termination of Management Contract. If professional management had been required previously by a Posted 'Mortgagee, the Association may terminate professional management and assume self- management of the Condominium. only by agreement: of (i) Unit Owners of Units to which at least sixty-seven (67%) percent of the votes in the association are allocated and (ii) Posted Mortgagees of Units which have at least fifty -one (51 %) percent of the . votes of Units subject to first mortgages. Section 8.1.2 Repairs. Subject to the provisions of Section 3312 of the Act, the Association may effect restoration or repair of the Condominium (after hazard damage or partial condemnation) in a manner other than specified in the Plats and Plans only by agreement of (i) Unit Owners of Units to which at least sixty-seven (67%) percent of the votes in the Association are allocated, (ii) Declarant Mortgagee and (iii) Posted Mortgagees of Units which have at least fifty -one (51 %) percent of the votes of Units subject to first mortgages. Section 8.2 Notice Requests. The Declarant Mortgage shall receive and, upon written request to the Association, identifying the name and address of the Posted Mortgagee, Eligible Insurer or Guarantor and *the Unit encumbered by the first mortgage, such Posted Mortgagee, Eligible Insurer or Guarantor shall be entitled to receive one, or more of ' the following: (a) Audit. If available an annual audited financial statement of the Association for the immediately preceding fiscal year, furnished free of charge and within a reasonable time following such request (if not available a Posted Mortgagee may have an audited statement prepared at its own expense); (b) Notice of Damage. Timely written notice of substantial damage to or destruction of any part of the Limited Common Elements or the Common 17 Elements (the repair of which would cost in excess of $15,000) or any Unit (the repair of which would cost in excess of $5,000) on which there exists a first mortgage held, insured or guaranteed by such Declarant Mortgagee, Posted Mortgagee, Eligible Insurer or Guarantor; (c) Notice of Delinquent Assessments. Timely written notice of any delinquency in the payment of assessments or charges owed by an Owner of the Unit subject to a fast mortgage held, insured or guaranteed by such Declarant Mortgagee, Posted Mortgagee, Eligible Insurer or Guarantor which delinquency remains uncured for a - period of sixty (60) days; (d) Notice of Policy Change. Timely written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (e) Notice of Mortgagee Consent. Timely written notice of any proposed action which would require the consent of the Declarant Mortgagee or a specified percentage of Posted Mortgagees as specified in Article 5.1 hereof. (f) Notice of Condemnation. Timely written notice of any condemnation of any part of the Limited Common Elements or the Common Elements or of any Unit on which there exists a first mortgage, held, insured, or guaranteed by such Declarant Mortgagee, Posted Mortgagee, eligible insurer or guarantor. Any such requests made pursuant to this Article shall specify which of the above items are requested, and shall indicate the address to which such documents or notices shall be sent by the Association. The Association need not inquire into the validity of any requests made under this Article. Failure to comply with the requirements set forth in this Article shall in no way invalidate otherwise proper actions of the Association and the Executive Board. Section 8.3 Books and Records. Declarant Mortgagee and any Posted Mortgagee shall have the right, upon reasonable prior notice to the Executive Board, to . examine the books and records of the Association at the office of the Association during its normal business hours. Section 8.4 Condemnation and Insurance Proceeds. No provision of this Declaration shall give a Unit Owner, or any other party, priority over any rights of the Declarant Mortgagee or any Posted Mortgagee(s) of a Unit pursuant to the Declarant Mortgage or Posted Mortgage(s) in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for loss or taking of one or more Units and/or Common Elements. 18 Section. 8.5 FNMA and FBELMC Requirements. If one or more Mortgages on Units is held by the Federal National Mortgage Association ("FNMA ") or the Federal Home Loan Mortgage Corporation ("FHI MC ") and any action proposed by the Association requires the approval pursuant to the then applicable regulations of FNMA or FIL MC of a specified percentage of Unit Owners or the holders of a specified percentage of Posted Mortgages, or both, then such action shall not be taken until such requirement has been met. ARTICLE IX LEASING Section 9.1 Restrictions. A Unit Owner may lease. or sublease his, her or their Unit (but not less than the entire_ Unit) at any time and from time to time provided that (except for a lease or sublease made by (i) Declarant, (ii) Declarant Mortgagee, or (iii) a Posted Mortgagee which is either in possession or is a purchaser at judicial sale): (1) no Unit may be leased or subleased for transient or motel purposes or for any initial term of less than ninety (90) days; (2) no Unit may be leased or subleased without a written . lease or sublease; (3) a copy of such lease or sublease shall be furnished to the Executive Board within ten (10) days after execution thereof, and (4) the rights of any lessee or sublessee of the Unit shall be subject to, and each such lessee or sublessee shall be bound by, the covenants, conditions and restrictions set forth in the Declaration, Bylaws and Rules and Regulations and default shall constitute a default under the lease or sublease; provided, however, that the foregoing shall not impose any direct liability on. any lessee or sublessee of a Unit to pay any annual or special Common Expense Assessments on behalf of the Owner of that Unit. ARTICLE X REAL ESTATE TAXES Section 10A Real Estate Taxes. It is understood that real estate taxes are to be separately assessed and taxes are to be separately assessed to each Unit for his Unit and its corresponding Percentage Interest in the Common Elements, as provided in' the Act. For the year in which this Declaration is first recorded, real estate taxes shall be apportioned between Declarant and each Unit Owner on a calendar year basis. In the event that real estate taxes for any year are not separately assessed against each Unit Owner, but rather are assessed against the Property as a whole, then each Unit Owner shall pay his proportionate shave thereof in accordance with his respective Percentage Interest in the Common Elements, and, in said event such taxes shall be a Common Expense. The Executive Board shall have authority to advance Association funds - in payment of all or a portion of such taxes pending receipt from the respective Unit Owners of their proportionate share thereof. 19 ARTICLE XI BUDGETS; COMMON EXPENSES; ASSESSMENTS AND APPORTIONMENT Section 11.1 Annual Budget. The initial annual budget for the Condominium shall be established by Declarant and each Unit Owner shall pay the Common Expense Assessment in monthly installments as provided in Section 11.3 hereof. Thereafter, the Executive Board shall prepare and submit the annual budget to the Association at the annual meeting in accordance with Article VI of the Bylaws. Section 11.2 Special Assessments. If any annual budget proves inadequate for any reason including nonpayment of any Unit Owner's assessments, or any nonrecurring Common Expense or any Common Expense not set forth in the annual budget as adopted, the Executive Board may at any time levy a further assessment, which shall be assessed to the Unit Owners according to each Unit Owner's Percentage Interest in the Common Elements. Such further assessment shall be payable in one or more monthly. payments during such period of time as the Board may determine. The Executive Board shall serve notice of such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefore, and such further assessment shall become effective and shall be payable at such time or times as determined by the Executive Board. Section 11.3 Monthly Payments. All Common Expense Assessments (annual) . shall be due and payable in equal consecutive monthly installments, in advance, on the first business day of each month. Special assessments, including payment of Limited Expenses, if any, shall be due and payable in equal consecutive monthly installments, in advance, on the fast business day of each month during such period of time as established by the Executive Board. Section 11.4 Subordination of Certain Charges. Any fees, charges, late charges, fines and interest which may be levied by the Executive Board pursuant to Section 3302(x)(10), (11) and (12) of the Act shall be subordinated to the liens of a Posted Mortgage on a Unit. All such fees, charges late charges, fines and interest shall be subordinate to the Declarant Mortgage. Section 11.5 Reserve. Each annual budget for Common Expenses shall include an amount reasonably considered by the Executive Board to be sufficient as a reserve for replacements and contingencies. To initiate such reserve, at the time of closing for each Unit, the purchaser of a one bedroom unit (not Declarant) shall pay to the Association an Initial Condominium Fee in the amount of Two Hundred Twenty ($220) Dollars. The purchaser of a two bedroom unit (not Declarant) shall pay to the Association an Initial Condominium Fee of Three Hundred Eighty ($380) Dollars. One -half of each said Initial Condominium Fee shall be placed in the Capital Reserve Account and the balance shall 20 be placed in the Operating Expense Account and may be used by the Executive Board, from time to time, to pay Common Expense. The Initial Condominium Fee is non- refundable and no portion of the Initial Condominium Fee is repaid to any Unit Owner that sells his, her or their Unit. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year shall be charged first against such reserve. In addition, the Executive Board shall have the right to segregate all or any portion of the reserve for any specific replacement or contingency upon such conditions as the Executive Board deems appropriate. Declarant shall not use any of the reserve amounts set aside in accordance with this paragraph to defray any of its expenses, reserve contributions, or construction costs or to make up any budget deficits. Section 11.6 Accounting. On or before the first day of April of each calendar year commencing 1997, the Executive Board shall supply to all Unit Owners an itemized accounting of the Common Expenses for the preceding calendar year actually incurred and paid together with a tabulation of the amounts collected pursuant to the annual budget or assessments and leases and sales of property owned or managed by the Executive Board on behalf of the Association, and showing the net excess or deficit of income over expenditures plus reserves. Section 11.7 Acceleration. If a Unit Owner is in default in the monthly payment of the aforesaid charges or assessments for sixty (60) days, the Executive Board may, in addition to all other remedies in the Act or Declaration contained, accelerate all other monthly payments of charges and assessments due for the calendar year in which such default occurs; provided, however the Declarant Mortgagee and a foreclosing Posted Mortgagee shall be entitled to automatic subordination of such sums in excess of the amounts given priority over mortgage liens in the Act, if any. Section 11.8 Interest and Charges. All sums assessed by the Executive Board against any Unit Owner as a regular or special assessment shall bear interest thereon at fifteen (15 %) percent per annum or the then maximum legal rate from the fifth (5th) day following default in payment of any installment when due. Any delinquent Unit Owner shall also be obligated to pay (i) all expenses of the Board, including reasonable attorneys' fees, incurred in the collection of the delinquent assessment by legal proceedings or otherwise, and (ii) any amounts paid by the Board for taxes or on account of superior liens or otherwise to protect its lien, which expenses and amounts together with accrued interest and late charges, shall be deemed to constitute part of the delinquent assessment and shall be collectible as such subject to Article 11.2 above. Section 11.9 Surplus. The budget of the Association shall segregate Limited Expenses from Common Expenses. Any amounts accumulated from assessments . for Limited Expenses and income from the operation of Limited Common Elements to which such Limited Expenses pertain in excess of the amount required for actual Limited Expenses and reserves for future Limited Expenses shall be credited to each Unit Owner paying a share of such Limited Expenses in proportion to the share of such Limited 21 Expenses paid by each such Unit Owner, said credits to be applied to the next monthly assessments of Limited Expenses due from said Unit Owner or Owners under the current fiscal year's budget, and thereafter, until exhausted. Any amounts accumulated from assessments for Common Expenses and income from the operation of the Common Elements to which such Common Expenses pertain in excess of the amount required for actual Common Expenses and reserves for future Common Expenses shall be credited to each Unit Owner in accordance with Percentage Interests, said credits to be applied to the next monthly assessments of Common Expenses due from said Unit Owners under the current fiscal year's budget, and thereafter, until exhausted. ARTICLE X11 DECLARANT'S RIGHTS Section 12.1 Control. (A) Until the sixtieth (60th) day after conveyance of twenty -five (25 %) percent of the Units to Unit Owners other than Declarant, not less than twenty-five (25 %) percent of the , Executive Board shall be elected by Unit Owners other than Declarant. (B) Not later than sixty (60) days after conveyance of fifty (50 %( percent of the Units to Unit Owners other than Declarant, not less than thirty-three and one- third (33 1/3 %) percent of the members of the Executive Board shall be elected by Unit Owners other than Declarant. (C) Not later than the earlier of (i) five (5) years after the date of the recording of this Declaration, or (ii) one hundred eighty (180) days after seventy - five (75%) percent of the Units are conveyed to Unit Owners other than Declarant, a ll members of the Executive Board shall resign and the Unit Owners (including Declarant to the extent of Units owned by Declarant) shall elect a new five (5) member Executive Board, at least a majority of whom must be Unit Owners. (D) In determining whether the period of Declarant's control has terminated pursuant to Section 12.1(c) or whether Unit Owners other than Declarant are entitle to elect members of th Executive Board under Section 12.1(a) and Section 12.1(b), the percentage of Units conveyed shall be that percentage which would have been conveyed if all Units Declarant has built or reserved the right to build in this Declaration were included in the Condominium. Section 12.2 Special Declarant's Rights. Notwithstanding any other provisions herein or in the Bylaws for so long as Declarant continues to own any of the Units, the following provisions shall be deemed to be in full force and effect, none of which shall 22 be construed so as to relieve Declarant of any obligation as Unit Owner to pay • assessments -as to each Unit owned by Declarant in accordance with this Declaration and the Bylaws after conveyance of Unit as herein provided. (A) Declarant shall have the right at any time to sell, transfer, lease, sublease or rent any Unit which Declarant continues to own after this Declaration has been recorded, without regard to any restrictions relating to sale, transfer, lease or form of lease, contained herein or in the Bylaws and without the consent or approval of the Executive Board or any other Unit Owner being required. (B) Declarant shall have the right to transact on the Property any business necessary to consummate the sale or leasing of Units, including, but not limited to, the right to maintain sales offices, management offices, models, display signs and to use the Common Elements, as herein provided in Section 4. 1.1 and Section 4.1.4 and notwithstanding the provisions of the Section 7.1(a) and Section 7.1(b) hereof. (C) Declarant shall have the right to revoke conversion to a condominium (but only prior to the fast conveyance of any Unit) subject to Section 3410(i) of the Act. (D) Declarant shall have all "special declarant rights" as set forth and defined in Section 3103 of the Act. Section 12.3 Transfer of Declarant's Rights. Declarant reserves the right pursuant to Section 3304 of the Act to transfer Declarant's rights. ARTICLE XIIII. POWERS OF THE EXECUTINE BOARD Section 13.1 General. In addition to the powers set forth in the Act, the Executive Board shall have the following additional powers: (a) Appoint Committees. To appoint committees of the Board (which need consist of only one (1) Board Member) and to delegate to such committees the Executive Board's authority to carry out certain duties of the Board, subject to the approval and control of the Board. (b) Management. To engage the services of a manager or managing agent, who may be any person, firm or corporation, upon such terms and compensation as the Executive Board deems fit, and to remove such manager or managing agent at any time, provided any agreement with such manager or managing agent shall extend for not more than three (3) years and must be terminable by either party to such agreement 23 without cause and without payment of a termination fee, upon thirty (30) days or less prior written notice. (c) Engage Services. To engage the services of any persons (including, but not limited to, accountants and attorneys) deemed necessary by the Executive Board at such compensation as is deemed reasonable by the Executive Board, in the operation, repair, maintenance, and management of the Property, or in connection with any duty, responsibility or right of the Executive Board and to remove, at any. time, any such personnel. (d) Discharge Liens. To pay any amount necessary to discharge any mechanic's lien or other encumbrance levied against the Property or any part thereof which may in the opinion of the Executive Board constitute a lien against the Property or against the Common Elements, rather than merely against the interest therein of particular Unit Owners. Where one or more Unit Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by the Executive Board by reason of said lien or liens shall be specially assessed to said Unit Owners. (e) Pay for Maintenance and Repairs. To expend funds - for maintenance and repair of any Unit or any other portions of the Property which a Unit Owner is obligated to maintain or repair under the terms hereof, if such maintenance or repair is necessary, in the discretion of the Executive Board, to protect the Common Elements, or any other portion of the Property, and the owner of said Unit has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair delivered by the Executive Board to said Unit Owner, provided that the Executive Board shall levy a special. assessment against such Unit for the cost of said maintenance or repair. (f) User Charges. To establish user charges with respect to the use of any Reserved Common Element or other amenity, if any. Such charges shall be billed to the Unit Owner who, or whose guest, makes use of such facilities. Nothing herein contained shall require the establishment of user charges with respect to all or any one or more of such amenities. Use of such amenities shall be subject to the Rules and Regulations of the Executive Board. (g) Electric Meters. In the event more than one Unit shares a common utility meter or if a portion of the Common Elements and one or more Units share a common utility meter, to determine the proper allocation of the cost of the utility service between or among the recipients of such utility service which determination shall be conclusive and binding. 24 ARTICLE XIV LIMITATION OF LIABILITY Section 14.1 Limited Liability of the Executive Board. The Executive Board and its members, in their capacity as members, officers and employees: (a) General. Shall not be liable for the failure of any service to be obtained by the Executive Board and paid for by the Association or for injury or damage to Persons or property caused by the elements or by another unit Owner or Person on the Property, resulting from electricity, gas, water, rain, dust or .sand which may leak or flow from the outside or from any part of the Building or from any of its pipes, drain conduits, appliances or equipment or from any other place unless in each such instance such injury or damage has been caused by willful misconduct of the Association or the Executive Board; (b) Standard of Care. Shall not be liable to the Unit Owners -as a result of the performance of the Executive Board members' duties for any mistake of judgment, negligence or otherwise, except for the Executive Board members' own willful misconduct or gross negligence; (c) Contract Liability. Shall have no personal liability in contract to the Unit Owner or any other person or entity under any agreement, check, contract, deed, lease, mortgage, instrument or transaction entered into by them on behalf of the Executive Board or the Association in the performance of the Executive Board members' duties; (d) Personal Property Liability. Shall not be liable to a Unit Owner or such Unit Owner's tenants, employees, agents or guests for loss or damage caused by theft or damage to personal property left by such Unit Owners or his tenants, employees, agents or gusts in a Unit or in or on the Common Elements or Limited Common Elements, except for the Executive Board members' own willful misconduct; (e) Tortious Liability. Shall have no personal liability in tort to a Unit Owner or to any other person or entity, direct or imputed by virtue of act performed by or for them, except for the Executive Board members' own willful misconduct or gross negligence in the performance of their duties; and (f) Use and Condition Liability. Shall have no personal liability arising out of the use, misuse or conditions of the Building or which might in any other way be assessed against or imputed to the Executive Board members as a result of or by virtue of their performance of their duties, except for the Executive Board members' own willful misconduct or gross negligence. 25 Section 14.2 Indemnification. Each member of the Executive Board, in his or her capacity as an Executive Board member, officer or both, shall be indemnified by the Association against all expenses and liabilities, including reasonable attorneys' fees, reasonably incurred by or imposed upon such member in connection with any proceeding in which he or she may become involved by reason of his or her being or having been a member or officer of the Executive Board or any settlement of any such proceeding, whether or not he or she is an Executive Board member, officer of both at the time such expenses are incurred, except in such cases wherein such Executive Board member or officer is adjudged guilty of willful misconduct or gross negligence in the performance of his or her duties; provided, that in the event of a settlement, this indemnification shall apply only if and when the Executive Board (with the affected member abstaining if he or she is then an Executive Board member) approves such settlement and reimbursement as being in the best interest of the Association; and provided further that the indemnification thereunder with respect to any criminal action or proceeding is permitted only if such Executive Board member or officer had no reasonable cause to believe his or her conduct was unlawful. The indemnification by the Unit Owners set forth in this Section 14.2 shall be paid by the Association on behalf of the Unit Owners and shall constitute a Common Expense and shall be assessed and collectable as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Executive Board member or officer may be entitled as a matter of law or agreement or by vote of the Unit Owners or otherwise. Section 14.3 Defense of Claims. Complaints brought against the Association, the Executive Board or the officers, employees or agents thereof, in their respective capacities as such, or the Condominium as a whole, shall be directed to the Executive Board, which shall promptly give written notice thereof to the Unit Owners and the holders of any mortgages on Units; and such complaints shall be defended by the Association. The Unit Owners and the holder of mortgages in Units other than the Declarant Mortgagee shall have no right to participate in such defense other than through the Association. Section 14.4 Insurance. The Executive Board may obtain insurance to satisfy the indemnification obligations of the Association and all Unit Owners set forth in. Section 14.2 above, if and to the extent available, and the cost thereof shall be a Common Expense. ARTICLE XV INSURANCE Section 15.1 Generally. The Executive Board, to the extent reasonably available, shall acquire and pay for insurance to be written by insurers Licensed in Pennsylvania and having a Best's Insurance Rating of "B" general policyholder's rating 26 and III financial size category or an "A" general policyholder's rating, or their equivalent if such rating is no longer available in the amounts as required by the Act in addition to and subject to the following: (a) Board's Discretion. Such insurance as the Executive Board deems advisable in the operation, and for the protection of the Common Elements, the Limited Common Elements and the Units. (b) Type of Insurance. The Executive Board shall obtain hazard insurance with a standard endorsement for extended coverage. Such hazard insurance, to the extent available, shall be "all risk" and shall insure against all risks of direct physical loss commonly insured against. The amount of hazard insurance obtained pursuant to the Act shall, to the extent available, be equal to the full insurable replacement value of the Buildings, and Common Elements (exclusive of land, foundation, excavation and other items normally excluded from coverage) including the Units, with equipment installed in the Buildings and the Units on the date of the recording of the Declaration, or, thereafter installed by the Declarant and all improvements thereafter made but not including any furniture, fixtures or improvements installed within a Unit made by the Unit Owner subsequent to its sale by Declarant (unless paid for by the Unit Owner as provided in subparagraph (h) of this Article 15.1 building service equipment and common personal property of the Association, without deduction for depreciation. (c) Endorsements. The insurance required under Section 15.1(b) shall also include, to the extent reasonably available, the following endorsements: (i) an "agreed amount endorsement" or its equivalent; (ii) an "inflation guard endorsement" or its equivalent; (iii) a "construction code endorsement" or its equivalent, (iv) a "steam boiler and machinery coverage endorsement" or its equivalent; (d) RU.FASE. EACH UNIT OWNER AND THE EDMCUTIVE BOARD HEREBY WAIVES AND RELEASES ANY AND ALL CLAIMS WHICH HE OR IT MAY HAVE AGAINST ANY OTTER UNIT OWNER, THE ASSOCIATION, THE EK6CUTIVE BOARD AND MEMBERS THEREOF, THE DECLARANT AND THEIR RESPECTIVE EMPLOYEES AND AGENTS, FOR DAMAGE TO THE COMMON ELFbIENIS, THE LIlVITIED COMMON ELEMENTS, THE UNITS, OR TO ANY PERSONAL PROPERTY LOCATED IN THE UNITS, THE LIMITM COMMON ELEMENTS OR COMMON ELEMENTS, CAUSED BY FIRE OR OTHER CASUALTY OR ANY ACT OR OMISSION OF ANY SUCH PARTY TO THE 27 EXTENT THAT SUCH DAMAGE IS COVERED BY FIRE OR OTHER FORM OF HAZARD INSURANCE. (e) Contribution. If the act or omission or a Unit Owner, or of a member or his family, a household pet, guest, occupant or visitor of such Unit Owner, shall cause damage to the Common Elements, the Limited Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements shall be required which would otherwise be a Common Expense, then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Executive Board, to the extent such payment is not waived or released under the provisions of subparagraph "(d)" of this Article. (f) Recovery of Proceeds. Any release or waiver referred to in subparagraphs "(d)" and "(e)" hereof shall be valid only if such release or waiver does not affect the right of the insured under the applicable insurance policy to recover thereunder. The Unit Owners and the Executive Board, with regard to the insurance carried by each of them, shall use their best efforts to see that their insurance carriers agree that such release or waiver does not affect their rights to recover. (g) Appraisal. If the Executive Board fails within sixty (60) days of any insured loss to initiate a claim for damages recoverable under the property insurance policy(ies) obtained pursuant to the Act, Declarant Mortgagee (or if Declarant Mortgagee shall fail to exercise its rights, the holder of any Posted Mortgage) may initiate such a claim on behalf of the Board. At least once every three (3) years, but more frequently if in the Board's judgment the Property is rapidly appreciating in value, the Board shall cause an appraisal of the Property to be made by a responsible casualty insuran company or appraiser for the purpose of determining the current full insurable replacement value of the insured property, without considering depreciation, and the Board shall change the amount of property insurance on the Property to the amount of the then current full insurable replacement value of the Property as established by such appraisal. (h) Nonce by Unit Owner. Each Unit Owner, other than the Declarant, shall - notify the Board in writing of any additions, alterations or improvements to his Unit. (except. personal property or fixtures) which exceeds a total value of One Thousand ($1, 000.00) Dollars within twenty days after the commencement of construction of such improvement, and he shall be responsible for any deficiency in any insurance loss recovery resulting from his failure so to notify the Association. The Board may obtain insurance on any such additions, alterations or improvements if such Unit Owner requests it to do so and if such Unit Owner shall make arrangements satisfactory to the Board to reimburse it (by assessment or otherwise) for any additional premiums attributable thereto; and in the absence of insurance on such additions, alterations or improvements, the Board shall not be obligated to apply any insurance proceeds to restore the affected Unit to condition better than the condition existing prior to the 28 making of such additions, alterations or improvements unless otherwise consented to by Unanimous vote of the Executive Board. (i) Property and Casualty Limits. Comprehensive public liability and property damage insurance as required by the Act shall be in such limits as the Board shall deem desirable provided that such limit shall not be less than One Million ($1,000,000.00) Dollars per occurrence, for personal injury and/or property damage, insuring the Association, the Board members, the managing agent, if any, and their respective agents and employees, and the Unit Owners from any liability to the public or to the Unit Owners, their tenants or invitees, relating in any way to their tenants or invitees, relating in any way to the ownership and/or use of the Property any part thereof. (j) Fomu. The Board may obtain such other forms of insurance as the Board shall elect to effect including Board menders and officers liability insurance and such Workmen's Compensation insurance as may be necessary to comply with applicable laws. (k) Fidelity Bonds. The Board shall obtain a fidelity bond or bonds or insurance policy to protect against dishonest acts on the part of the Board members, officers, agents, employees, volunteers and all others who handle, or are responsible for handling, funds of the Association. Such bond or bonds or insurance policy shall name the Association as an obligee or insured and shall be in the amount of one hundred fifty (150 %) percent of the then current annual budget for Common Expenses or such higher amount as the Board deems appropriate however, in no event in an amount less than the sum of three months' assessments on all Units plus the Associations' reserve funds. Such bond or bonds or insurance policy shall contain: (1) a waiver of defense based upon the exclusion of persons who serve without compensation from the definition of "employee" or other appropriate provisions to assure coverage of such persons; and (2) a provision that the Bond may not be cancelled or substantially modified without at least ten (10) days' prior written notice to the Association. (1). Premiums. Except as otherwise provided in this Declaration, premiums for all insurance obtained or maintained by the Board, fees and expenses of the insurance trustee, if any, and the cost of any appraisal which the Board deems advisable in connection with any insurance, shall be Common Expenses. (m) Securing Policies. The Board shall' use its best efforts to secure policies providing that the policies cannot be cancelled, invalidated or suspended on account of the conduct of any one or more individual Unit Owners or any officer or employee of the Board or managing agent, if any, without prior demand in writing that 29 the Board or managing agency, as the case may be, cure the* defect and without a reasonable period of time thereafter in which to cure the same. (n) Personal Property. Insurance coverage on the furnishings and other items of personal property belonging to a Unit Owner and insurance for his personal liability to the extent not covered by insurance maintained by the Board shall be the responsibility of each such Unit Owner. (o) Indemnification. The Board shall, to the extent available, obtain insurance to satisfy the indemnification obligations of the Association and all Unit Owners, under the provisions of Article 19.2 of this Declaration. (p) Attorney -in -Fact. The Executive Board is hereby irrevocably appointed as Attorney -in -Fact for each Unit Owner and for each holder of a mortgage or other lien upon a Unit (other than the Declarant Mortgagee) and for each Owner of any other interest in the Property for the purpose of purchasing and obtaining insurance as set forth in this Section including the collection and appropriate disposition of proceeds therefrom; the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. This Attorney -in -Fact is also extended to any related proceedings, negotiations, settlements or agreements related to any condemnation, destruction, or liquidation of all or part of the Condominium, or from the termination of the Condominium. Section 15.2 Insurance Trustee. (a) Named Trustee. The Executive Board shall have the option, in its sole discretion, of naming as an insured, on behalf of the Association, an Insurance Trustee with whom the Association has entered into an insurance trust agreement. The duty of the Insurance Trustee shall be to receive, hold. or otherwise properly dispose of, in accordance with Article 3312 of the Act, proceeds of insurance designated in the Insurance Trust Agreement in trust for the Declarant Mortgagee, Unit Owners and their Posted Mortgagees as their interests may appear. (b) Proceeds. The net proceeds of all Property inmm policies, the. net proceeds from any destruction or.liquidation of all or part of the Condominium or from the termination of the Condominium, or other net proceeds of any taldng by the power of or a power in the nature of eminent domain or pursuant to a. deed in lieu of condemnation, shall be paid and distributed by the Executive Board or any insurance trustee as follows: (i) in cases where the Premises are to be repaired, replaced and restored in appropriate progress payments to the contractors, materialmen, engineers, architects, or other persons engaged by the Executive Board who have rendered services or furnished materials for such repair and restoration, provided that appropriate waivers 30 of mechanics' or materialmen' liens are fast validly recorded before any work is commenced by each such person; and (u) in cases where there is a termination of the condominium, in accordance with the provisions of Section 3320 of the Act. (c) Application of Proceeds. If the amount of insurance proceeds or the amount of the award or such other net proceeds shall exceed the cost of repairs and restoration in cases governed by clause (b)(i), the excess shall be applied first to payment of amounts secured by the Declarant Mortgage and the balance, if any, against Common Expenses. Section 15.3 General Insurance Provisions. (a) Provisions. All policies of insurance carried under Article 15.1 shall: (i) provide that they shall not be cancelled or modified without at least 10 days prior written notice to all whose interests are covered thereby, including, without limitation, the Declarant Mortgagee and the holders of Posted Mortgages in the case of policies of property and fidelity insurance; (ii) provide that the policy is primary coverage and that the coverage afforded thereby shall not be affected or diminished or result in contribution by reason of any additional insuran separately carried by any Unit Owner or by any other person or entity; (iii) provide that the insurer shall not have the option to restore the insured premises in lieu of making a cash payment of the proceeds; (iv) provide that Declarant Mortgagee (subject to Section 3312 of the Act) and each Unit Owner is an insured person under the policy with respect to liability arising out of the Declarant Mortgage, in the case of the Declarant Mortgagee, or his ownership of an undivided interest in the Common Elements or membership in the Association in the case of the Unit Owners, and that no act or omission by any Unit Owner, unless acting within the scope of his authority on behalf of the Association, will void the policy or be a condition of recovery under the policy. Duplicate originals of all such insurance policies and renewals shall be delivered by insurers (at least 30 days prior to the renewal in case of each renewal) to the Executive Board and to any Insurance Trustee, and duplicate originals or certificates or memoranda of insurance shall be issued by the insurers to all others whose interests are covered thereby, including without limitation the Declarant Mortgagee and holders of Posted Mortgages in the case of property and fidelity insurance. 31 (b) Premiums. No Unit Owner shall do or permit any act which would void or impair the coverage afforded by said policies or would result in an increase in the premium therefor. Any Unit Owner not complying which the next preceding sentence shall be liable to the Association for the amount of any such increase. (c) Notice of Violation. If the insurance required by Article 15.1 of this Declaration is not maintained at any time, the Association shall promptly give Declarant Mortgagee and each Unit Owner written notice of that fact. Section 15.4 Condemnation. (a) Disposition. The disposition of the Percentage Interest of a Unit acquired in whole or in part by the power of or a power in the nature of eminent domain and the consequences of certain such acquisitions of part of a Unit or of a part of the Common Elements shall be as provided in Section 3107 of the Act. (b) Notice. Whenever any proceedings are instituted which could result in the temporary or permanent talang, entry or destruction of all or part of the Common Elements, by the power of or a power in the nature of an eminent domain or by any action or deed in lieu of condemnation, the Executive Board, the Declarant Mortgagee and each Unit Owner shall be entitled to notice thereof. In any such proceedings, damages shall be determined for such taking, injury, or destruction as a whole and not for each Unit Owner's. interest therein. (c) Attorney -in -Fact. The Executive Board is hereby irrevocably appointed as Attorney -in -Fact for each Unit Owner in any related proceedings, negotiations, settlements, or agreements for any action in the nature of eminent domain or by an action or deed in lieu of condemnation and disposition of all the proceeds therefrom subject to the requirements provided in Section 3107 of the Act. ARTICLE XVI MISC Section 16.1 Invalidity. The invalidity of any provision of this Declaration shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Declaration and, in such event, all other provisions of this Declaration shall continue in full force and effect as if such invalid provision had never been included herein. 32 Section 16.2 Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, . . irrespective of the number of violations or breaches which may occur. Section 16.3 Gender. The use of the masculine gender in this Declaration shall be deemed to refer to the feminine gender, and the use of the singular shall be deemed to refer to the plural and vice versa, whenever the context so requires. Section 16.4 Effective Date. This Declaration shall become effective when it together with the Plats and Plans have been recorded with the Recorder of Deeds of Cumberland County. IN WITNESS WHEREOF, the said Cedar Place Partners, by its duly authorized Partners, has cause this Declaration to be executed the day and year first above written. WITNESS; CEDAR PLACE PARTNERS, a Pennsylvania general partnership By: THE BARON GROUP, a Pennsylvania general Partnership, PARTNER B Carl J. avis, M aging Partner AR�' J . NO GER, P G L. OUCK, PARTNER 33 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF ) On this, the o2_0 f day of A.D. 1997, before me, a Notary Public, the undersigned officer, pe ally appeared Carl J. Davis, Managing Partner of The Baron Group, partner of Cedar Place Partners, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained on behalf of said Partnership, as a partner of Cedar Place Partners. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) NOTARY PUBLIC My Commission Expires: E m y tmm E�tns.lul =1988 COMMONWEALTH OF PENNSYLVANIA } )ss. COUNTY OF %L ) On this, the 6 0 day of A.D. 1997, before me, a Notary Public, the undersigned officer, penally appeared James D. Novinger, partner of Cedar Place Partners, known to me or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S ( EAL) NOT P LIC My Commission Expires: Pnbttc 'rte. teas 34 COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF ) On this, the o2o day of A.D. 1997, before me, a Notary Public, the undersigned officer, KXonally appeared Gary L. Houck, partner of Cedar Place Partners, known to me (or Vatisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS VVHERFOF, I hereunto set my hand and official seal. (SEAL) NOTAAY PUBLIC My Commission Expires: 35 EXHIBIT NAN LEGAL DESCRIPTION OF THE PROPERTY ALL that tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, described as follows, to wit: BEGINNING at a point on the southerly line of Cedar Run Drive 200 feet measured westwardly along said line from the center line of Lisburn Road; thence South 14 degrees 24 minutes East (erroneously described in prior deed as west) along land now or late of Myers - Macomber, 247.45 feet to a point along line of land formerly of Francis B. J. Branagan; thence by the latter, South 75 degrees 6 minutes West, 200 feet to a point; thence by the easterly line of Lot No. 7, North 14 degrees 54 minutes West, 177.28 feet (erroneously described in prior deed as 117.28 feet) to a point; thence by the same, North 01 degree 14 minutes 30 seconds East, 81.49 feet to a point on the southerly line of Cedar Run Drive; thence by the latter line, North 78 degrees 50 minutes 30 seconds East, 86 feet to a point; thence by a curve to the left having a radius of 1050 feet an arc distance of 59.41 feet; . thence North 75 degrees 36 minutes East, 34.33 feet to the place of BEGINNING. BEING Lot No. 6 on the Subdivision Plan for Cedar Run, Inc., dated September 5, 1975, and recorded in Plan Book 27, Page 9, Cumberland County Records. BEING the same premises which Cedar Springs Associates, a Pennsylvania General Partnership, by their Deed dated June 23, 1987 and recorded June 25, 1987 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book T -32, page 335 granted and conveyed unto Pentad Enterprises, a Pennsylvania general partnership, by partnership amendment dated October 11, 1989 became 931 Associates, a Pennsylvania general partnership, now by partnership amendment effective November 21, 1996, known as Cedar Place Partners, a Pennsylvania general partnership, Declarant herein. uoiu.1 EXHIBIT B PERCENTAGE INTERESTS Unit Identifying Number TYPE Percentage Interest No. 101 one bedroom 3.3% No. 102 one bedroom 3.3 No. 103 two bedroom 5.5 No. 104 two bedroom 5.5 No. 105 two bedroom 5.5 No. 106 two bedroom 5.5 No. 107 one bedroom 3.3 No. 108 one bedroom 3.3 No. 201 one bedroom 3.2 No. 202 one bedroom 3.2 No. 203 two bedroom 4.9 No. 204 two bedroom 4.9 No. 205 two bedroom 4.9 No. 206 two bedroom 4.9 No. 207 one bedroom 3.2 No. 208 one bedroom 3.2 No. 301 one bedroom 3.2 No. 302 one bedroom 3.2 No. 303 two bedroom 4.9 No. 304 two bedroom 4.9 No. 305 two bedroom 4.9 No. 306 two bedroom 4.9 No. 307 one bedroom 3.2 No. 308 one bedroom 3.2; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L F Jody S Smith ' Chief Deputy 21114FEB 28 PM 3: 39 Richard W Stewart Solicitor . u - CUMBERLAND COUNTY PENNSYLVANIA Pjer Grbavac vs. Case Number Cedar Place Condominium Association 2014-738 SHERIFF'S RETURN OF SERVICE 02/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cedar Place Condominium Association, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 02/25/2014 The requested Complaint& Notice returned by the Sheriff of Dauphin County, the within named Defendant Cedar Place Condominium Association, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, February 25, 2014 RON R ANDERSON, SHERIFF e se ( e � r Shelley Ruhl 1/, v' Jack Duignan Real Estate Deputy ;`�1✓' •.• • ! Chief De p u ty•Matthew L. Owens � 's0 .r 41. `'� Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PJER GRBAVAC VS County of Dauphin CEDAR PLACE CONDOMINIUM ASSOCIATION Sheriffs Return No. 2014-T-0414 OTHER COUNTY NO. 2014-738 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CEDAR PLACE CONDOMINIUM ASSOCIATION the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 19, 2014. PER LARRY BOSAK, MANAGER AT ADDRESS 931 NORTH FRONT STREET, HARRISBURG, PA 17102, DEFENDANT NO LONGER EXISTS AND THEY ARE UNDER NEW MANAGEMENT. Sworn and subscribed to So Answers, before me this 20TH day of February, 2014 Sheriff•f Dauphin County, Pa. By I rAttiS COMMONWEALTH OF PENNSYLVANIA Depu, heri NOTARIAL SEAL Deputy: JESSICA KARL Karen M.Hoffman,Notary Public Sheriffs Costs: $41.25 2/14/2014 City of Harrisburg,Dauphin County My Commission Expires January 8,2018 i !7r� Q f /HoN c fr,,o, 20t4HAY --2 PH 1:59 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA PJER GRBAVAC, NO. 14-0738 Plaintiff CIVIL ACTION - LAW v. CEDAR PLACE CONDOMINIUM ASSOCIATION Defendant . PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the attached Complaint. LAW OFFICES OF CRAIG A. DIEHL Date: By: ir Craig A iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff au_L II.-)Spck a� C.434 19 y4 S Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i-;I_ED-O t" I L L'r` THE PROTHONOTARY 2014 ?1AY 23 AMO: 3 CUMBERLAND COUNTY PENNSYLVANIA 4 OF.FtCE O hdSS Pjer Grbavac Case Number vs. Cedar Place Condominium Association 2014-738 SHERIFF'S RETURN OF SERVICE 05/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cedar Place Condominium Association, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 05/14/2014 02:01 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Annette Sattazahn, who accepted for Cedar Place Condominium Association, at 220 Townsend Drive, Hummelstown, PA 17036. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, May 20, 2014 RONR ANDERSON, SHERIFF CountySuite Sheriff, Teleosoft, Inc, ShelleylRuhl Real Estale Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy PJER GRBAVAC VS CEDAR PLACE CONDOMINIUM ASSOCIATION Sheriffs Return No. 2014-T-1479 OTHER COUNTY NO. 2014-738 And now: MAY 14, 2014 at 2:01:00 PM served the within REINSTATED COMPLAINT & NOTICE upon CEDAR PLACE CONDOMINIUM ASSOCIATION by personally handing to ANNETTE SATTAZAHN * 1 true attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at 220 TOWNSEND DRIVE HUMMELSTOWN PA 17036 * PROPERTY MANAGER Sworn and subscribed to before me this 16TH day of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sher' f of Dauphin C • unty, Pa. B w L Y De ty Sheriff D ty: J STRAINING Sheriffs Costs: $49.25 5/8/2014 • • PJER GRBAVAC : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CEDAR PLACE CONDOMINIUM ASSOCIATION Defendant To the Prothonotary: : NO. 14-0738 : CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE 5 :=-'3 (� 3 Lo C% <c -n c -11 =a -; -© �= r, G - Kindly mark the above -captioned proceeding as settled and discontinued. .- Date: July 7, 2014 By: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL a. Craig iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff