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HomeMy WebLinkAbout14-4493 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /y— �tV 3 e yy NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST,NO. NAME OF MDJ ()4t-'ry UT STR� fiow„� ,v��� ��(, D9 - 3 —a) ,mr4AT,4 ADDRESS OF APPELLANT CITY STATE ZIP CODE O !. /YI Y- �d W Y✓ J 1 a C.� G t L S !t 17 d f.f DATE OF JUDGMErT IN THE CASE OF(Plaintiff) //(Defendant)* > ,/ /� gd>T� 6w&MV0V �0-,C(o Affr� v5 (h.4Stvttit ))`ret -To c..Jn4o✓!at LL It DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT C 1/ 3 - (� /', A A mAVV, ),/ This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (4 A S $V c appellee(s),to file a complaint in this appeal Name of appil) ee(s) 1 (Common Pleas No. // �y%3 �t� . within twenty(20)days after service of rule or suffer entry of judgment of non pros. Sig ature of appellant or attorney or agent RULE: To 15,3 v- 6rwv...a-4.) 6ov,,4 /'6�'<, appellees) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The�1ate of service of this rule if service was by mail is the date of the mailing. t+ Date:-7/* . 20/ VINVAIASNN3d V IG139� n,� Signature ofProthonoa or Deputy .AINnOo DN PT YOU MUST INCLUDE A COPY OF THE NOTICE OF MD&ft /I"NSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 2 d o 5/l3 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 Borough Commons Condo. Assoc. MDJ Name: Honorable Mark Martin V Address: 507 North York Street Chestnut Street Townhouses, LLC Mechanicsburg, PA 17055 Telephone: 717-766-4575 Chestnut Street Townhouses, LLC Docket No: MJ-09305-CV-0000039-2014 30 E. Maplewood Avenue Case Filed: 5/8/2014 Mechanicsburg, PA 17055 Disposition Summary (cc-cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-CV-0000039-2014 Borough Commons Condo. Chestnut Street Townhouses, Judgment for Plaintiff 07/02/2014 Assoc. LLC Judgment Summary Participant Joint/Several Liability Individual Liability Amount Borough Commons Condo.Assoc. $0.00 $0.00 $0.00 Chestnut Street Townhouses, LLC $0.00 $2,394.00 $2,394.00 Judgment Finding ('Post Judgment) In the matter of Borough Commons Condo. Assoc. vs. Chestnut Street Townhouses, LLC on MJ-09305-CV-0000039-2014, on 7/02/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,275.00 $2,275.00 Costs $0.00 $119.00 $119.00 Grand Total: $2,394.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:07/30/2014 1:56:08PM THE PROTHONOTAR.' 2014 AUG -13 AM 8:30 Cts PENN YLV A COUNTY TY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal.. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA �% COUNTY OF C., wew far ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served r4-4493 n a copy of the Notice of Appeal, Common Pleas No. ir1 ?,3pon the Magisterial District Judge designated therein on (date of service) � O , 20 t 4 ZI by personal service ❑ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,Y0 (s (Pf l' A )� ro ih.lwJr-1 , 20 ❑by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN),(AFFIRMED) AND SUBS RIBED BEFORE ME THIS DAY OF aue , 20 /V Signature of fficial before whom affidavit was made Prothonotary, Cumberland County, Caifiste, PA , MyCofimission Expires the First Monday of Jart42018 ad Title of official My commission expires on AOPC 312A - 05 ,20/T rn m N cC rn 0 ru Return Receipt Fee O(Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) ru Total Postage & Fees ru Signat re of affiant U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I For delivery information visit our website at www.usps.coms CLU UU4a $3.30 Q,t1 7 04,1 `\� Post • v Here NO 4. $5.1. Postage Certified Fee nJ rR N Sent To S; --et Apt. No.; or O Box No. $0.4? City, State, ZIP+4 PS Form 3800, August 2006 See Reverse forinstrudtions Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 O1'n{ �9B C er°�➢Z#,,1,i `' 9 pi, Ci 1?,r Rt.(1 / • ) I BOROUGH COMMONS CONDO. : IN THE COURT OI1GOMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PA Plaintiff v. CHESTNUT STREET TOWNHOUSES, LLC, Defendant : NO. 14-4493 : CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 USTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de is proximos viente (20) dias despues de Ia notification de esta Demanda y aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en Ia Corte por escritosus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tornar accion como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en Ia demandaa o cualquier otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra suya por Ia Corte sin mas aviso adicional. IJsted puede perder dinero o propiedad y otros direchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO CONSEGLJTR UNABOGADO. ST USTED. NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIES QUE -OFREZCAN SERVTCIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUECUALIFICAN. • Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 9. Under Section 14.6 of the Declaration, the Plaintiff may take action for failure to pay any assessments or other charges pursuant to Section 3315 of the Act, and may assess a late charge for failure to pay any assessments or other charge on the date on which it is due." A true and correct copy of the Declaration is attached hereto as Exhibit "A". 10. Under Section 14.6 of the Declaration, "[t]he delinquent owner shall be obligated to pay (I) all expenses of the Executive Board, including reasonable attorneys' fees incurred in the collection of the delinquent assessment by legal proceeding or otherwise;..." A true and correct copy of the Declaration is attached hereto as Exhibit "A". COUNT I — BREACH OF CONTRACT 11. Paragraphs 1 through 10 are incorporated herein by reference as though set forth at length. 12. The Plaintiff pursuant to the Declaration of Borough Commons is entitled to collect a monthly assessment from each condominium owner. 13. The Plaintiff has sent invoices to the Defendant for the monthly assessments due on 13 S. Chestnut Street, Mechanicsburg, PA 17055 since May 2013 and the Defendant has refused to pay the amount due. 14. The Defendant has breached the Declaration of Borough Commons by failing to pay the monthly assessments. 15. As a result of the Defendant's breach, the Plaintiff has suffered damages in the amount of $2,275.00. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against the Defendant in the amount of $2,275.00; b. Granting Plaintiff its costs incurred in connection with this action; c. Granting reasonable attorney fees in the amount of $2,500.00; and d. Granting Plaintiff interest. Date: 8//&//y B an K. Zellner, Esquire Attorney ID 59262 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 [717] 774-1357 Attorney for Plaintiff Rt;nFRT r. ZIrr__.l_; •:.G tt3\Lrk OF 1.1•L'11;3 ZOOS Ili` 31 Pri 2 38 DECLARATION OF BOROUG}LCOMMONS, A CONDOMINIUM • Mechanicsburg, PA Chestnut Street Townhouse, L.L.C., Declarant TABLE OF CONTENTS DECLARATION OF CONDOMINIUM FOR BOROUGH COMMONS, A CONDOMINIUM ARTICLE I - General Provisions Page 1 Section 1.1 Declaration of Condominium 1 ARTICLE II - Definitions 1 Section 2.1 Terms Defined in the Act 1 Section 2.2 Terms Specifically Defined in this Declaration of Condominium 1 Section 2.3 Provision of the Act 3 ARTICLE III - Unit Boundaries 3 Section 3.1 Plats and Plans 3 Section 3.2 Uriit Title Lines 3 ARTICLE TV - Description of Common Elements;. Description. and Allocation. of Limited Common Elements 5 Section 4.1 Description of Common Elements 5 Section 4:2 Description of Limited Common Elements 6 Section 4.3 Specified Limited Common Elements 6 ARTICLE V - Allocation of Common Element Interests; Common Expenses and Responsibility for Maintenance and Repair; Voting and Rights 6 Section 5.1 Allocation of Common Elements Interest and Common Expense Liability 6 Section 5.2 Allocation of Unit Owner's Voting Rights 6 Section 5.3 Reserve Fund 6 TABLE OF CONTENTS (Continued) ARTICLE 'VI - Restrictions on Use; Leases of Units 7 Section 6.1 Residential Uses 7 Section 6.2 Lease of Units 10 Section 6.3 Parking 11 ARTICLE VII - Easements; -Rights Reserved to the Declarant 11 Section 7.1 Easements 11 Section 7.2 Declarant Control of the Association 14 Section 7.3 Declarant's Offices and Models 14 ARTICLE VIII - Rights -of Mortgagees 14 Section 8.1 Restrictions of Encumbrances_and Liens 14 Section -8.2 Permitted Mortgages 15 Section 8.3 Notice of Unit Owner Default 16 Section 8.4 Liability for Use and Charges 16 Section 8.5 Insurance Proceeds and Condemnation Rights' 16 Section 8.6 Approval of Mortgages 16 Section 8.7 Books and Records 17 ARTICLE IX - Insurance 17 Section 9.1 Types and Amounts 17 Section 9.2 Required Provision 19 ARTICLE X - Limitations of Liability 22 Section 10.1 Limited Liability of the Executive Board 22 Section 10.2 Indemnification 22 Section 10.3 Joint and Several Liability of Unit Owners and Lessees 23 Section 10.4 Defense and Claims 23 TABLE OF CONTENTS (Continued) ARTICLE XI - Units Subject to Condominium Documents; Eminent Domain 23 Section 11.1 Applicability of Condominium Documents 23 Section 11.2 Eminent Domain 24 ARTICLE XII - Executive Board .of the Association 24 Section 12.1 Powers of Executive Board 24 Section 12.2 Disputes 24 Section 12.3 Amendments to the Condominium Documents 24 Section 12.4 Abating and Enjoining Violations by Unit Owners 25 ARTICLE XIII- Management 25 ARTICLE XIV- Assessments; Liability of Unit Owners 25 Section 14.1 Special Assessments 25 Section 14.2 Payment of Assessments 25 Section 14.3 Use of Assessments 25 Section 14.4 Failure to Fix New Assessments 25 Section 14.5 No Exemption by Waiver 26 Section 14.6 Personal Liability of Unit Owners 26 Section 14.7 Unpaid Assessments Upon Execution Sale Against a Unit 26 Section 14.8 Liability of Purchaser of Unit for Unpaid Assessments 26 Section 14.9 Subordination of Certain Charges 26 ARTICLE XV - Convertible Real Estate 27 Section 15.1 Convertible Real Estate 27 ARTICLE XVI - Interpretation 27 ARTICLE XVII - Severability 27 ARTICLE XVIII - Effective Date 28 DECLARATION OF CONDOMINIUM BOROUGH COMMONS, A CONDOMINIUM TS DECLARATION is made this HI2day of , 2005, by Chestnut Street Townhouse, L.L.C.. (hereinafter, "Declarant") as the ownePin fee simple at -the real estate herein described, as follows:- General ollows: ARTICLE I General Provisions Section 1.1. Declaration of Condominium: Declarant, owner in fee simple of the land described in Exhibit "A" attached hereto and made a part of this Declaration (the "Land") located in the County of Cumberland and the Commonwealth of Pennsylvania, together with the building ("Building") and improvements thereon erected or to be erected (the "Property"), and the easements, rights and appurtenances -thereunto belonging, hereby submits the Property to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §3191 et seq. ("Act") -and hereby creates a -condominium to be known hereafter as Borough Commons, a Condominium (the "Condominium"). ARTICLE II Definitions Section 2.1. Terms Defined or Used in the Act: The terms defined in Section 3103 of the Act and used herein, in the Public Offering Statement,Bylaws or in the Plans and Plats shall have the meanings as specified in Section 3103, or if not defined in Section 3103, but are used in the Act, such terms shall be defined as used in the Act unless otherwise defined herein. Section 2.2. Terms Specifically Defined in this Declaration of Condominium: In addition to the terms defined in Section 2.1 above, the following terms shall have the following specific meanings in this Declaration, the By -Laws, Public Offering Statement, Plans and Plats: (a) "Alterations" means any combination of Units which is permitted by this Declaration and the Act which entail one or more of: (I) the construction of all or a portion of one or more intervening partitions, walls, floors or ceilings (each of which will then become part of the Common Elements) to form separate Units; (ii) the removal or alteration of all or a portion of one or more partitions, walls, floors or ceilings (each of which is part of the Common Elements) between Units in order to form a larger Unit; or (iii) the creation, alteration or removal of one or more apertures in one or more intervening partitions, walls, floors or ceilings (each of which is part of the Common Elements) between Units. (b) "Alternative Mortgage" shall mean any mortgage lien to a person or entity not listed in Sections 8.1(a)(1), (2) or (3) hereof. 1 (c) "Annual Assessment" means a Unit's individual share of the anticipated Common Expenses for each fiscal year as reflected in the budget adopted by the Executive Board for such year. (d) "Building" means any or all. of that certain two (2) story structure erected on the Premises and containing the Units. (e) "By -Laws" means the 'document having the name and providing for the governance of the Association, pursuant to Section 3306 of the Act, as such document may be amended from time to time. (f) "Condominium Documents" includes the Declaration, Plats and Plans, By -Laws andRules and Regulations. (g) "First Executive Board" means the Executive -Board as initially constituted on the date this Declaration is recorded. (h) "First Election Meeting" means that special meeting of the Association, held for the purpose of electing additional members to the First Executive Board, to be held not later than the earlier to occur of: (I) sixty (60) days after the conveyance of twenty-five (25%) percent of the Units to Unit Owners other than the Declarant; or (ii) five (5) years after the date of the first conveyance of a Unit to a person other than the Declarant. "(I) "Limited Common Elements" means those parts of the Premises either described in the Act as being Limited Common Elements or described herein or in the Plats and Plans as being Limited Common Elements. (j) "Mortgagee" means a lender of a typedescribed in Section 8.1 (a) hereof who holds a Permitted Mortgage. (k) "Parking Rights" means that exclusive right owned by a Unit Owner to use a particular parking space. (1) "Party -Wall" means a wall located at the perimeter of a Unit which is a common wall shared with an adjacent Unit. (m) "Percentage Interest" appurtenant to a Unit means the undivided interest in the Common Elements appurtenant to such Unit, as set forth in Exhibit "B" attached and as calculated pursuant to the formula discussed in such Exhibit. (n) "Perimeter Wall" shall mean any wall adjacent to either the exterior of the Building or any Common Elements or Limited Common Elements. (o) "Permitted Mortgage" means any mortgage, and any obligations secured thereby, for which the forms thereof and the proposed Mortgagee thereof have been submitted to and approved by the Association as complying with the provisions of Section 8.2 thereof. A holder of a Permitted Mortgage is referred to herein as a "Permitted Mortgagee." (p) "Plats and Plans" means the graphic depiction of all structures, other improvements and land included in the Condominium, which document complies with the requirements of Section 3210 of the Act (including, without limitation, a depiction of the Units, 2 and certain of the Common Elements and the Limited Common Elements) as such may be amended from time to time. (q) "Rules and Regulations" means such rules and regulations as are promulgated by the Executive Board from time to time, with respect to various details of the use of any or all portion of the Premises, either supplementing or elaborating upon the provisions in the Declaration or by the Bylaws. (r) "Second Election Meeting" means that special meeting of the -Association, held for the purpose of electing additional member to the Executive Board, replacing the members of the First Executive Board, and which is required to be held no later than the earlier to occur of: (I) one hundred eighty (180) days after the conveyance of seventy-five percent (75%) of the Units to Unit Owners other than the Declarant; or (ii)five (5) -years after the date of the first conveyance of a Unit to a person other than the Declarant. (s) "Special Assessment" means a Unit's individual share of any assessment made by the Executive Board in addition to the Annual Assessment Section 2.3. Provisions of the -Act: The provisions, of the Act shall apply to and govern the operation and the governance of the -Condominium, except tot he extent that contrary provisions, not prohibited by the Act, are contained in one or more of this Declaration, the Plats and Plans or the By -Laws. ARTICLED" Unit Boundaries Section 3.1.. Plans and Plats: The Plats and Plans shows the location and dimensions of the structures and improvements comprising the Premises, the location of the Units, certain Common Elements and Limited Common Elements therein. Section 3.2. Unit Title Lines: The title lines of each Unit are situated as shown on the plats and Plans and are formed by the following planes: (a) The title lines of each Unit are situated as shown on the Plats and Plans and are formed by the following planes: (1) The Unit -Side surface of all doors and their sills and hardware, leading from such Unit to the exterior of the building and the Unit -Side surface of the door frames in which such doors are set; (2) The Unit -Side surface of the sash of windows set in the exterior wallsef such Unit, the exterior surfaces of the panes of all windows and glass (including the thickness of the glass or other material of the windows or sliding glass doors of the unit) and the Unit -Side surface of the frames and sills for such windows; 3 (3) The Unit -Side surface of the wall board/plaster constituting the ceiling of the Unit; (4) The plane formed by the Unit -Side surface of the dry wall or plaster of all Perimeter Walls and Party Walls; (5) The plane formed by the Unit -Side surface of the exposed concrete block or finished surface of all Perimeter and Party Foundation/Basement walls; (6) The Unit -Side face Unit -Side fact of the concrete slab or underlayment constituting the floor of such Unit; (7) The Unit -Side surface of the furring, as extended, around columns and "stacks" containing pipes, ducts, wires, conduits, chutes, mechanical chases, structural elements and flues that are either Common Elements or Limited Common Elements; (8) The Unit -Side surface of all grilles and registers covering exhaust fans or ventilation ducts; and (b) Each Unit consists of all portions of the Building within the aforesaid title lines, except the air space displace by (I) 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, wires, conduits and pipe runs which serve more than one Unit. With respect to such chutes, flues, ducts, wires, conduits and pipe runs, the provision of Section 3202 (2) of the Act shall apply.. There is included within a Unit (by way of illustration and•upt limitation)t. • •. . • • • • • • (1) The air space enclosed within such title line. (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 devised in such partitions serving only such Unit. (3) AlI plumbing fixtures, sinks, bathtubs and shower stalls located within such title lines and serving only such Unit, and its water and waste connections. (4) All items of kitchen equipment and cabinetry located within such title line and serving only such Unit, and such equipment's water, waste and electrical connections. (5) Exhaust fans, air conditioning equipment, beating equipment 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. 4 (6) Lighting devises (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 devises are themselves located entirely within the title lines of such Unit. (7) Outlets, wires, cables, conduits, circuits and related equipment transmitting electricity for lighting and power 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 medicine cabinets (including, by way of illustration and not limitation, all associated lighting fixtures and accessories). (9) Refrigerators, ranges, dishwashers, clothes washers and dryers, garbage disposal units and other appliances (if provided), and the portions of their water, waste, electrical and exhaust -connections located within such title lines and serving only such -Unit. (10) Floor coverings installed on the Unit -Side surfaces of the structural concrete or wooden floor. - , , ,..(c) .. Those portio ►s: gfany lighting. devices, .outlets,, medicine: cabinets,. cx BItst £ads,., ..... _ . ventilation ducts, dryer vents, 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 a part of such Unit. ARTICLE IV Description of Common Elements; Description and Allocation Of Limited Common Elements • • Section 41. Description of Common Elements: The Common Elements consist of the entire Property, including all parts of the Building other than the Units described above in Section 3.2. The Common Elements shall include, by way of illustration and not limitation, landscaped areas, and the sidewalk. Section 4.2. Description of Limited Common Elements: Limited Common Elements shall mean those portions of the Building defined as such pursuant to Sections 3202(2) and (4) of the Act, or as identified and designated as Limited Common Elements in the Plats and Plans, Section 5 4.2 hereof, or both. Those portions of the Limited Common Elements serving only the Unit above, or adjacent to such Limited Common Element, as the case may be, are Limited Common Elements allocated only to the Unit which they serve. Those Limited Common Elements (if any) shown and identified as such on the Plats and Plans or described herein shall be allocated to the Unit indicated. Section 4.3. Specified Limited Common Elements. The following portions of the Building are hereby designated as Limited Common Elements: (a) Doors (including any screen doors) and sliding glass doors leading from Units to -porches or to stoops; (b) Window and door sills, frames and hardware, which are not part -of the Unit, but which are adjacent to and serve only such Unit; (c) The concrete slab constituting the stoop at the entrance of each Unit; (d) Joint heating or cooling systems serving two (2) or more Units, if any, except registers and vents which are contained within the title lines as- more specifically set forth in Article III, Section 3.2, hereot.and (e) Fireplaces, if any, from the fire brick out to and including the exterior portion -of the finished -brick and exterior face of any cement finish. Chimneys -in their entirety, including by way of illustration but not limitation, exterior brick and concrete, flue, fire brick or mortar. (f) Patio, shed, and any screening fence for the same. (g) Designated parking spaces. ARTICLE V Allocation of Common Element Interests; Common Expenses and Responsibility for Maintenance and Repair; Vesting Rights Section 5.1. Allocation of Common Elements Interest and Common Expense Liability. Attached as Exhibit "B" hereto is a list of all Units, their identifying Numbers and the Percentage Interest appurtenant to each Unit. The Common Expense Liability of each Unit shall be assessed in accordance with each Unit's Percentage Interest. Any surplus funds to be credit to Unit Owners to reduce their future Common Expense Liability shall also be allocated in accordance with each Unit's Percentage Interest. Section 5.2. Allocation of Unit Owner's Voting Rights. The number of votes in the Association to which each Unit Owner is entitled shall be one vote per Unit. Section 5.3. Reserve Fund. The Association shall establish an adequate reserve fund for maintenance, repair and replacement of those Common Elements which are anticipated to 6 require replacement, repair or maintenance on a periodic basis. The reserve fund shall be funded by monthly payments as a part of Common Expenses. ARTICLE VI Restrictions on Use; Leases of Units Section- 6.1 Residential Uses. The following restrictions shall apply to the use of the Condominium, in addition to any restrictions that may be set forth in the Rules and Regulations referred to in Section 6.1(1) hereof. (a) The Units in the Condominium (with the exception of any Units, during the time period when they are being used by the Declarant as a sample, model or sales office) are restricted to residential use and may not be used for any other purpose by the Unit Owner or any future Unit Owner. Notwithstanding the foregoing, Units may also be used for accessory uses which are customarily incidental to the foregoing use, including a professional office or rooms for home occupations; provided that any such use conforms with the applicable zoning regulations_ofthe Borough of Mechanicsburg, as the same may be amended from time to time. No Unit Owner.shall permit his Unit to be used or occupied -for any prohibited or unlawful • purposes. -(b) No Unit Owner may obstruct the Common Elements -in any way. No Unit Owner may store any thing in or onthe Common Elements without the prior written consent of the Executive Board. ... _.._ ..._ ...:. -.. -(c) • . • The Common Element (other•:than.the,Lmited CommonElemepts and..,,.,.,,. ,�...,......_ such other portions of the Premises as to which the Executive Board may from time to time limit or control access by the Unit Owners or other occupants of Units, or both), shall be used only for the benefit or enjoyment of the Unit Owner, occupant, guest, or invitee may carry on any practice, or permit any practice to be carried on, which unreasonably interferes with the quite enjoyment of the occupants of any other Unit. The Property is to be maintained in a clean and sanitary condition, and no Unit Owner may place any garbage, trash or rubbish anywhere on the Premises, other than in his own Unit, and in or on such parts of the Common Elements as may be designated for such purposes by the Executive Board. (d) No Unit or Common Element area shall be used, occupied or kept in a manner which in any way increases the fire insurance premiums for the Premises without the prior written permission of the Executive Board, which permission may be conditioned upon the Unit Owner of such Unit being required to bear the full cost of such increase. No Unit or any part of the Common Elements shall be used, occupied or kept in manner which violates any law, statute, ordinance, regulation or any governmental body or which leads to the cancellation of any hazard insurance policy or policies on the Property. (e) Except for a single small (not to exceed thirty-six (36) square inches), non - illuminated sign on the door to his Unit beneath the Unit designation, no Unit Owner (other than the Declarant in connection with its marketing and sale of the Units) may erect any sign on or in his Unit or any Limited Common Element and visible from outside his Unit or from the 7 Common EIements, without, in eachinstance, having obtained the prior written permission of the Executive Board. This provision is not intended to prevent the Executive Board from maintaining on the Common Elements a register of Unit occupants, or owners, or both. (f) Notwithstanding the fact that a portion of the wall separating such Units is a Common Element, upon compliance with the requirements of Section 6.1(h) hereof, -two (2) or more entire adjacent Units may be combined into a larger Unit without the necessity of obtaining any approval of the Association, (pursuant to.Section 3213(a) of the Act) except any approvals that may be required by the provisions of Section 6.1 (h) hereof; provided that both of the combined Units are under common ownership at the time of effecting such combination. Upon the completion of such combination, the Percentage -Interest in the Common Elements appertaining -to such combined Unit shall be the sum of the respective Percentage Interests in the Common Elements appertaining to each of the Units that have been combined. The Identifying Number of the combined Units shall consist of the number of the Unit having the lowest numbered Identifying Number. The combined Units shall have one (1) vote in the affairs of the Association. (g) No Unit may be divided or subdivided by any Unit Owner, including the Declarant, into smaller Units, nor may any portion thereof less than the entire Unit be sold or otherwise transferred, unless the holders of all Permitted Mortgages give their prior written -consent thereto. The Declarant does nut -retain The right to subdivide Units owned by it or to convert Unit owned by it pursuant to the -provisions of Section 3215©) of.the Act. With respect to the separation of two (2) or more adjacent Units which have been combined into a larger Unit, pursuant -to Section 6.1 (f) hereof, after such separation, the air space on either side -of the wall or walls providing such separation shall, ipso facto, carry the separate Identifying Numbers shown for such respective areas in the Plats and Plans as initially recorded_ The respective Percentage Interest appertaining to such separate Units, and hence the number of votes of the respective Unit•Owners;-shalt-be•as-stateditrExhibit'B"•to•this.Declarationes=initially:reoorded. Any:•: separation of Units carried out, pursuant to this Section 6.1(g), is also required to meet the requirements of Section 6.1 (h) hereof. (h) Any unit Owner who wishes to perform any Alteration to his Unit or Units shall: (1) Refrain from making any improvement or Alteration that will: (I) impair the structural integrity of the Building or any mechanical or electrical system therein; (ii) adversely affect either the fire retardant or sound absorbent quality of the Building; (iii) lessen the support of any portion of the Building; (iv) violate any applicable law, ordinance or governmental rule, regulation or order; (v) change the appearance of a Unit or any other portion of the Condominium without the prior written approval of the Executive Board; and (2) Obtain the approval of the Executive Board (which approval shall not be unreasonably withheld or delayed) for any Alteration to the Building prior to the commencement of any such improvements or Alteration; (3) Expeditiously complete all Alterations: (I) in accordance with the plans and specifications therefore which have been approved by the 8 Executive Board prior to the commencement of such improvements or alterations; and (ii) without incurring any mechanics' or materialmen's liens; (4) Pay the full cost of performing all such improvements or Alterations, and (5) Pay all costs and expenses incurred in connection with the preparation, review, execution and recording of any amendment to the Declaration (including the Plats and Plans) needed in order to reflect -the condition -of the Building after completion of such improvements or alterations, which amendment shall be recorded by the Executive -Board, if such amendment conforms to the requirements of theAct, and if such amendment is approved in writing by all Owner(s) of all Units, the appearances of which on such amendment differ from their respective appearances on the Plats and Plans prior to such amendment, and such amendment shall -not require any additional authority or approval, notwithstanding anything contained elsewhere in this Declaration to the contrary. . (6) In the course of constructing any improvements, or Alteration to the Property, each Unit Owner shall make, and shall cause his agents, employees and/or independent contractors to make, reasonable efforts -to minimize soil erosion and the -creation of dust and othernuisances to neighboring properiies,.as well as for the protection of trees, shrubs, and other landscaping. (7) The Executive Board and any agent or employee thereofshall have '-'11fdligliMih time'to'time during'the'course'acf ct►nstruction ofany��:-�� _ improvements or Alterations to inspect such work being performed to insure that the same is being constructed in accordance with the Terms of this Declaration. The Executive Board, its agents or employees, shall also have full and free access to all plans, drawings and records of each Unit Owner and each Unit Owner's architect(s), engineer(s) and contractor(s) with respect to any such improvement or Alteration. (I) Nothing shall be done or shall be permitted to be done which would jeopardize the soundness or safety of the Building or impair any easement or hereditament therein without the consent of all Unit Owners and all holders of Permitted Mortgages. (j) Installation, removal, reconstruction or repair of any electrical lighting, signal transmission and/or power circuit or electric outlet box or terminal device included in such outlet box, or any,item of heating or air conditioning equipment, or any ventilation or exhaust duct, or related equipment, any of which is located within an Interior partition of a Unit or within the ceiling above a Unit, may be undertaken by the Unit Owner of such Unit only after application has been made to and written approval has been received from the Executive Board. Such approval shall be granted only if the work performed. shall be of similar or superior quality to that then prevailing in the Building and shall be performed by qualified personnel. The cost of such installation, removal, reconstruction or repair, whether undertaken by a Unit Owner, or by 9 the Association, (under procedures to be established by the Executive Board) shall be borne by the Unit Owner of the Unit benefitted thereby. (k) Domestic animal life (including by way of illustration and not limitation, dogs and cats not exceeding seventy-five (75) pounds in weight, hamsters, birds, reptiles, amphibians and fish) may be kept by a Unit Owner as a household pet in his Unit, provided that such permitted species: (I) are not kept for any commercial purposes; (ii) are kept in strict accordance with any Rules and Regulations relating to household pets from time to time adopted or approved by the Executive Board; (iii) do not, in the sole judgment of the Executive Board, constitute a nuisance to others; and (iv) not more than one (1) dog and not more than two (2) cats may be kept in or around said Unit (1) Reasonable Rules and Regulations, not in conflict with the provisions of this Declaration, the By -Laws, or the Act concerning the use and enjoyment of the Premises may be promulgated from time to time by the Executive Board, subject to the right of a majority of Unit Owners to change such Rules and Regulations. Copies of the then current Rules and Regulations and any amendments thereto shall be furnished to all Unit Owners by the Association promptly after the adoption of such Rules and Regulations and any amendments thereto. (m) The Owner of a Unit shall be responsible for maintaining such Unit in good order and repair, at the expense of such Owner, including (but not limited to) cleaning and replacing glass panes in any window or door serving such unit (n) Unit owners may not install -window air conditioners, exhaust -fans or any other item which protrudes through any window serving the Unit without the prior written approval of the Executive Board. (o) Except as otherwise permitted herein, neither the Association nor any Unit • Owner 'shall cause or stint an wdsfe or daitta ge •disfi eriiefit or in To the Build.in or • • P Y g, � j�Yi;'� Property or any part thereof. (p) No noxious or offensive activity shall be carried on in the Common Elements or in any Unit which adversely affects use of the Common Elements or any Unit, nor shall anything be done therein, either willfully or negligently, which may be or become a nuisance to the other Unit Owners or occupants, all as may be reasonably determined by the Executive Board. Section 6.2. Lease of Units. A Unit Owner may lease or sublease his Unit at any time and from time to time provided that: (a) No Unit may be leased or subleased (except by Declarant) without a written lease or sublease; (b) A copy of such lease or sublease (other than leases or subleases entered into by the Declarant shall be furnished to the Executive Board within ten (10) days after execution thereof; (c) Therights of any lessee or sublessee of any Unit (under a lease or sublease whose current term or cm -rent renewal or extension thereof commences on or after the date of 10 recordation of this Declaration) shall be subject to, and each such lessee or sublessee shall be bound by, the covenants, conditions and restrictions contained in this Declaration and the remainder Condominium Documents; 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 Assessments on behalf ofthe Owner of that Unit; and (d) The ability of the Unit Owner(s) under the Condominium Documents shall continue during -the tenancy or subtenancy of any lease or subleases. Notwithstanding the foregoing, the provisions of Section 6.2(b) shall not apply to Units leased or subleased by the Declarant. Section 6.3: Parking. Parking spaces for vehicles are provided to residents of the Condominium and their guests and invitees. Each Unit Owner, their guests or invitees shall have the right to use two assigned parking spaces on the property. ARTICLE VIE Easements; kights Reserved to the Declarant Section 7.1. Easements. In addition to the easements specifically granted by the Act, the Condominium shall be subject to the following easements -and restrictions: (a) An easement to the Declarant to maintain the sale offices, management offices, and models as provided in Section 73 hereof and to maintain one or more advertising signs on "''�"' 'tt a Coininori'Elenienfs while the -Valk -1 'fig sellifig Units iii'the' Condominium; jiursuant•to' Section 3217 of the Act. (b) An easement in favor of the appropriate utility companies for such services are desirable or necessary to adequately serve the Property and all appurtenances thereto; including (by way of illustration and not limitation) the right to install, lay, maintain, repair, relocate and replace manholes, water mains and pipes, steam lines, gas mains and pipes, sewer • and drain lines and connectors, telephone and other communication wires, cables and equipment, electrical wires and conduits, and associated equipment, over, under, through, in, along and on the Property (including, without limitation, one or more Units therein) all as shown on the Plats and Plans. (c) The Common EIements (other than the Limited Common Elements) shall be and hereby are made subject to an easement in favor of the Unit Owners and their invitees, employees, tenants and servants, the Association and the agents and employees of the Association for access, egress and ingress over, through and across each portion thereof, pursuant to such requirements and subject to such charges as the Executive Board may from time to time determine it to be necessary or desirable to limit or control access by Unit Owners or the occupants of Units, or both. (d) The Common Elements (including, but not limited to the Limited Common Elements) shall be and hereby are made subject to an easement in favor of the Association and the agents, employees and independent contractors thereof for the purpose of the inspection, upkeep, maintenance, repair and replacement of the Common Elements (including, but not limited to, the Limited Common Elements). (e) 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 Units benefitted: (1) For the installation, repair, maintenance, use, removal and/or replacement of pipes, ducts, heating and air conditioning systems, electrical, telephone and other communication wiring and cables and all other utility lines and conduits which are a part of or exclusively serve a single Unit .and which pass across orthrough a portion of the Common Elements. (2) For the installation, repair, -maintenance, use, removal and/or replacement of overhead lighting fixtures, electrical receptacles and the like which are located in a portion of the ceiling, wall or floor adjacent to a unit which is apart of the Common Elements;.provided.that the installation, repair, maintenance, use, removal or replacement of such fixtures; receptacles, and the lice does not unreasonably interfere with the -common use o£any part of the Common Elements or impair or structurally weakenthe l3Building. (3) 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. • (4).--:For:the maintenance.or•:the encroachment.ofany:lighting,.devices,:.outlets, ..•... medicine cabinets, exhaust fans, ventilation ducts, registers, .grilles and similar fixtures which serve only one (1) Unit but which encroach into any part of any Common Element or Limited Common Element on the date this Declaration is recorded_ (f) To the extent necessary, each Unit shall have an easement for structural support to every other Unit in the Building, the Common Elements and the Limited Common Elements, and each Unit and Common Elements shall be subject to an easement for structural support in favor of every other Unit in the Building, the Common Elements and the Limited Common Elements. (g) The Units and the Limited Common Elements are hereby made subject to the following easements: (1) In favor of the Association and its agents, employees and independent contractors, (I) for inspection of the Units and Limited Common Elements in order to verify the performance by Unit Owners of all items of maintenance and repair for which they are responsible, (ii) for inspection, maintenance, repair and replacement of the Common Elements or the Limited Common Elements situated in or accessible from such Units or Limited Common Elements, or both, (iii) for correction of emergency conditions in one (1) or more Units or Limited Common 12 r Elements, or both, or casualties to the Common Elements, the Limited Common Elements and/or the Units, and (iv) for any of the purposes set forth in Section 7.1(i) or Section 7.1(k) hereof, it being understood and agreed that 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 Unit resulting from the Association's exercise of any rights it may have, pursuant to this Section 7.1 (h) (2) hereof, or both; and (2) In favor of the Unit Owner benefitted thereby and the Association and its agents, employees and independent contractors for the Installation, repair, maintenance, use, removal and/or replacement of pipes, ducts, electrical, telephone, or other communications -systems and all other utility lines and conduits -which are part...of the Common Elements and which pass across or through a portion of one (1) or more Units. - (h) The exclusive easements for use of porches and stoops by the Owners and occupants (and their invitees, employees, tenants and servants) of the Unit adjacent to such Limited Common Elements shall be limited to Iawful uses normally associated with porches and stoops serving residential townhouses. The Executive Board shall have the right to promulgate Rules and Regulations regarding the use of the porches that are consistent with the -provisions -of the immediately preceding sentence; and in any event, no decoration or other surface finish or covering of any portion ofany Limited Common Element may be performed without the -prior written consent of the Executive Board. (i) Whenever, in this Declaration and the Plats and Plans, a title line of a Unit is described as being the upper surface of the concrete floor, it is intended thereby, and it is hereby declared, that the Owner of such Unit shall have an easement for the purpose of affixing and remaving.carpeting,parc uet fluorin .and other floor coverings; and other wise decorating, g cleaning and maintaininsiteh surface, all it theos ct and expense oft`fie`Owner Of shah 114;1 • • " being understood and agreed that the Association, acting by its Executive Board -on behalf of all Unit Owners, shall, at all times while this Declaration is in effect, retain the right and duty to maintain, repair and/or replace the structural concrete floor of which said surfaces are a part, notwithstanding the fact that such maintenance, cleaning, repair or replacement may temporarily adversely affect the Unit Owner's aforesaid easement and right to use the Unit -Side surface of such structural concrete floor. (j) Whenever, in this Declaration and the Plats and Plans, a title line of a Unit is described as being title Unit -Side surface of a designated portion of the Premises, it is intended thereby, and It is hereby declared, that the Owner of such Unit shall have an easement for the purpose of decorating such surfaces and affixing thereto and removing therefrom paint, wallpaper, other decorative material, pictures, mirrors, wall systems and decorative articles, and (with respect to all such portions of the Property) cleaning and maintaining such surfaces, all at the cost and expense of the Owner of such Unit. Thus, by way of illustration and not limitation, the Owner of a Unit has an easement to paint the Unit -Side surface of door and window sills. It is understood and agreed that the Association, acting by its Executive Board to maintain, repair, and/or replace the portion of the Property of which said surfaces are a part, notwithstanding the fact that such maintenance, cleaning, repair or replacement may temporarily adversely affect the Unit Owner's aforesaid easement and right to use the Unit -Side surface of such portion of the Property. 13 (k) Any easements, reservations, restrictions and rights-of-way of record. (I) The Property shall also be subject to Declarant's easement and/or right to extend and/or connect to all installations for services, including, but not limited to sanitary sewer, storm sewer, electric and/or gas lines, water lines, television cables and all pipes, ducts, wires, cables and/or conduits used in connection with any of the aforesaid. (m) All easements, rights and restrictions described and mentioned in this Declaration are. easements appurtenant, running with the land and the improvements thereon, including by way of illustration, but not limitation, the Units and Common Elements, and (except as may be expressly provided -in the instrument creating the same), -shall continue in full force and effect until the termination of this Declaration, as it may be amended from time to time. Section 7.2. Declarant Control of the Association: The Declarant may, at its option, control the Association throughout the period of Declarant Control permitted by the provisions of Sections 3303(c), (d), (e) of the Act, and during such period the Declarant or persons designated by the Declarant may appoint and remove the officers and members of the Executive Board, except as otherwise provided in one or more of such Section or Sections 2.2(h) and 2.2(r) hereof. Section 7.3. Declarant's Offices and Models: Pursuant to Section 3217 of theAct, if applicable at the time of this Amendment, the Declarant may maintainsuch advertising signs, sales offices, Management offices and models in the Condominium as the Declarant, which, in its sole discretion, deems necessary in connection with its sale of the Units in the Condominium. The Declarant reserves the right tb relocate sales offices and models to any other units in the Building at any time aM frdrri time to fine_ ' Tie Dec1 oarit's right to maintain the fregoiii will. end upon -conveyance of title to the last Unit owned by the Declarant to a third party. The rights granted to the Declarant, pursuant to this Section 7.3, may not be altered or amended by the Association. ARTICLE VIII Rights of Mortgages Section 8.1. Restrictions on Encumbrances and Liens. (a) A Unit Owner may not voluntarily encumber or subject his Unit to any lien other than the lien of: (1) A first mortgage to a bank, trust company, bank and trust company, savings bank, savings and loan association, mortgage service company, insurance company, pension fund, real estate investment trust or similar lending institution; or 14 (2) A mortgage lien which is junior to a mortgage of the type described in clause (1) immediately preceding; or (3) A purchase money mortgage to the Unit Owner from whom such mortgagor received its interest to the Unit so encumbered; or -(4) An alternative Mortgage, provided, however, that, notwithstanding anything contained in this Declaration pertaining to Mortgagees or Permitted Mortgagees to the contrary; (I) the consent or approval of the holder of an Alternative Mortgage shall not be required for any actions to be taken by the Executive Board or the Association hereunder; and (ii) the provision of Sections 8.4 -and 8.6 hereof shall not apply with respect to Alternative Mortgages; and wherever this Declaration or the Act requires the vote or approval of any Mortgagee or Permitted Mortgagee, Units encumbered only by one (1) or rnore Alternative Mortgages shall be treated -as if they were encumbered by any Mortgage. Notwithstanding the foregoing, a Unit Owner who desires to encumber his Unit with fhe lien of an Alternative Mortgage shall comply with the requirements of Section 8.2 hereof. (b) Jn. any of the above -noted -instances, such mortgage and the obligation secured thereby shall provide generally thatthe Mortgage and the rights and obligations of the parties thereto shall be subject to -the terms andeonditions of the Act, the Declaration, the -Plats and -Plans and any Rules -and Regulations; and, specifically, but withoutlirnitation, that the obligation secured by such Mortgage shall be prepayable; without premium or penalty, upon the happening of a termination of the condominium form of ownership of the Property, and that the Mortgagee shall have no right to: (1) Participate in the adjustment of losses with insurers or in the decision as to whether -or not or how to repair or restore damage to or destruction of the Property; or (2) Receive or apply the records of insurance to the reduction of the mortgage debt or otherwise, except in the event and to the extent either of a distribution of such proceed to Unit Owners, pursuant to §3312(g) of the Act, or insurance proceeds in excess of the cost of repair or restoration being received by the Owner of the Unit encumbered by such Mortgage; or (3) Accelerate the mortgage debt or to be entitled to exercise any other remedies by virtue of waste or alleged waste or other conditions occurring anywhere In the Property other than within the Unit encumbered by such mortgage. Section 8.2. Permitted Mortgages No Unit Owner or prospective purchaser of a Unit 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 unless the forms thereof and the proposed Mortgagee have been then or theretofore submitted to and approved by 15 the Executive Board as complying with the provisions of Section 8.1 hereof, which approval shall be promptly given or denied and shall not be unreasonably withheld. When a Permitted Mortgage is delivered to the Mortgagee, the Unit Owner shall simultaneously provide an executed or conformed copy thereof to the Association. The Secretary shall maintain a register of Permitted Mortgages, showing the name and address of the holder thereof and the amount secured thereby. Section 8.3. Notice of Unit Owner Default: The Executive Board shall: (a) Give prompt notice to a Unit Mortgagee of any default in the Unit Mortgagor's obligations under the Condominium Documents which are not cured within thirty.(30) days after the occurrence•of such.default; (b) Promptly after the Association has received written notice of any pending acquisition of any portion of the Premises by means of eminent domain, give to all Mortgages written notice of any such proceedings; and (c) Agree in writing to notify the appropriate Mortgagee whenever. (I) damage to a Unit covered by the mortgageheld by such Mortgagee -exceeds One Thousand ($1,000.00) Dollars, and (ii) damage to Common Elements, Limited Common -Elements or related facilities exceed Ten Thousand ($10,000.00) Dollars. Section 8.4. Liability for Use and Charges. Any Mortgagee who obtains title to a Unit, pursuant to the remedies provided in a Permitted Mortgage for foreclosure of such mortgage, shall not be liable for such Unit Owner's unpaid assessments or charges which accrue prior to the acquisition of title to such Unit by the Mortgagee,. except to the extent otherwise. provided for in the Act and except to the extend that such Mortgagee is liable as a Unit Owner for the payment of such unpaid assessment or charge that is assessed against the Mortgagee as a result of all Unit Owners being reassessed for the aggregate amount of such deficiency. Section 8.5. Insurance Proceeds and Condemnation Rights: No provision of this Declaration shall give a Unit Owner or any other party priority over any rights of the Mortgagee of a Unit pursuant to its Mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for loss to or a taking of one (1) or more Units and/or Common Elements. Section 8.6. Approval of Mortgagees: The prior written approval of all holders of Permitted • Mortgages must be obtained for the following: (a) The abandonment of the Condominium status of the Premises, except for abandonment permitted by the Act in case of substantial loss to the Units and Common Elements; (b) The partition or subdivision of any Unit or of the Common Elements; and 16 (c) A substantial change in the schedule of Percentage Interest set forth in Exhibit "A" allocated to each Unit other than any amendment made pursuant to Section 12.3 hereof. Section 8.7. Books and Records. Any Mortgagee shall have the right (exercisable by written notice to the Executive Board) to examine the books and records of the Association and to require that they be provided with a copy of each annual report of the Association and other financial data of the Association reasonably requested by such Mortgagee. ARTICLE IX Insurance Section 9.1. Types and Amounts: The Association shall obtain and maintain -the following types and amounts of insurance: (a) Hazard insurance, with an endorsement for extended coverage, or such other fire and casualty insurance as the Executive Board may determine provides equal or greater protection for -the Unit Owners and -their Mortgagees, if ally, in each .case complying with the applicable requirements of Section 92 hereof. Such hazard insurance shall, if; and to the extent reasonably available, provide coverage of at least all portions of the Property outside of the Units and any Common Elements located within any Unit (as those terms are defined). Such hazard insurance shall insure against all risks of direct physical loss commonly insured against. If such hazard insurance no longer becomes available in the future, the Association shall obtain such comparable :insuranceas, is.tlien:available,The amount of any such -hazard insurance obtained ,,.... this paragraph, shall be equal to eighty (80%) percent of the insurable replacement value of the insured property, without value of the insured property, without deductions for depreciation, (i.e. 80% of current "replacement costs" exclusive of land, foundations, excavation and other items normally excluded from coverage, but including all Building service equipment and the like and any fixtures or equipment within the Condominium Unit which is financed using the proceeds of a Permitted Mortgage), with an "agreed amount endorsement" or its equivalent, if available, or an "inflation guard endorsement," if available. Such hazard insurance shall afford protection against at least the following: (1) Loss or damage caused by fire and other hazards covered by the standard extended coverage endorsement, and caused by sprinkler leakage,vandalism; malicious mischief, wind, storm and water, and shall pay the costs of debris removal and demolition in the event either or both is necessary following such loss or damage;. (2) Such other risks as the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation may require by reason of their holding of one (1) or more Permitted Mortgages; and (3) Such other risks as are customarily covered In similar projects. 17 I' Such hazard insurance policy may, at the option of the Association, contain a "deductible" provision in an amount to be determined by the Executive Board, but not to exceed Five Thousand ($5,000.00) Dollars. The proceeds of such policy shall be payable to the Association. Such hazard insurance policy shall include a separate "loss payable endorsement" in favor of the holders of Permitted Mortgages, if any, modified to make the loss payable provisions in favor of such holders of Permitted Mortgages subject and subordinate to the loss payable provisions in favor of the Association. The money paid to the Association shall be disbursed by the Executive Board, as provided in Section 3312 of the Act. If the Executive Board fails, within sixty (60) days after the date of an insured loss, to initiate a claim for damages recoverable under the policy or policies obtained pursuant to this subparagraph, the holder of any Permitted Mortgage may initiate such a claim on -behalf of the Association. At least once every three (3) years, but more frequently if in the Executive Board's judgment, the Condominium is rapidly appreciating unusually in value, the Executive Board shall cause an appraisal of the Condominium to be made for the purpose of determining the current full insurable replacement value of the insured property, without deduction for depreciation, and the Association shall change the amount of such insurance required to be carried pursuant to the provisions of the first Subparagraph of this Section 9.1(a). The cost of any such appraisal shall be a Common Expense of the Association. -(b) Comprehensive Liability Insurance policies, complying with the requirements of Section 9.2 hereof, insuring the Unit Owners, in their capacity as unit Owners and Association members and any managing agent retained: by the Association, against any liability to the public or to other Unit Owners, their tenants or invitees, relating in any way to the ownership and/or use of the Common Elements and any part thereof. Such insurance policy shall contain a "severability of interest endorsement" or equivalent coverage which precludes the insurer from denying the claim of ai ri t Owner because oflihe Anegligerifacts-of the Association Unit Owner. Limits of liability shall be at least One Million Dollars ($1,000,000.00) covering all claims for personal injury and/or property damage arising out of a single occurrence. Such insurance shall include protection against water damage liability, liability for non -owned and hired automobiles, liability for property of others, and if applicable: elevator liability, garage keeper's liability, host liquor liability and such other risks as are customarily covered in similar projects. The scope and amount of coverage of all liability insurance policies shall be reviewed at least once each year by the Executive Board and may be changed in its discretion, provided that such policies shall continue to comply with the requirements of this Section and Section 9.2 hereof. (c) A fidelity bond or insurance coverage against dishonest acts on the part of such persons (including, by way of illustration and not limitation, Association members, officers, directors, trustees, agents, employees and volunteers) responsible for handling funds belonging to or administered by the Association. Such fidelity bond or insurance shall name the Association as the named insured and shall be written in an amount sufficient to provide protection which is in no event less than one and one-half (1 Y2) times the Association's estimated annual operating expenses, including reserves. Notwithstanding the foregoing, in the event that the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation reduces the required amount of the fidelity bond or insurance which the Association must maintain to less than the amount set forth in the preceding sentence, the Association may 18 decrease the amount of the fidelity bond or insurance to the minimum amount required by such entities. In connection with such coverage, an appropriate endorsement to such policy or bond in order to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. Such fidelity or insurance shall also: (1) Name the Association as an obligee; (2) Contain waivers of -any defenses based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar .terminology; and (3-) Provide that the same may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days' prior written notice to all Permitted Mortgagees. Any management company or agent thereof which handles funds for the Association shall be covered by its own fidelity bond, or equivalent insurance coverage against dishonest acts, which must provide the same coverage required of the Association under this Section 9.1 q. _.(d) Such. workman's compensation insurance_as applicable laws may require. (e) Insurance to satisfy the indemnification -obligation of the Association and all Unit Owners set out in -Section 10.2 hereof; if and to the extent available -at a reasonable cost. (t) The Executive Board shall have the power to require all Unit Owners to carry such types of insurance on their Units as the Executive Board may reasonably require, insuranceon-all..portions of, the.,Unit4Alliinsurance -carried by Unit. Owners shall comply with the provision of Sections 9.2©) and 9.2(d) hereof and shall be carried with -insurance companies satisfying the requirements of Section 9.2(a) hereof. Section 9.2. Required Provisions: Insurance obtained by the Association shall be in accordance with the following provisions: • (a) All Policies shall be written with a company licensed to do business in the Commonwealth of Pennsylvania and, for the Hazard Insurance Policy described in Section 9.1 .(a) hereof, such company must hold a rating of Class VI or better by Best's Insurance Reports (or a rating of Class V, provided it has a general policy holder's rating of at least "A"), or by an equivalent rating bureau should Best's Insurance Reports cease to be issued. (b) Exclusive authority to adjust losses under policies hereinafter in force on the Premises shall be vested in the Executive Board or its authorized representatives. Prior to the adjustment of any such loss, the Executive Board shall decide whether, if the Association uses a public adjuster in connection therewith, the proceeds of any applicable insurance policy on the Property are likely to be sufficiently increased through the efforts of such adjuster to warrant the additional expense *of retaining such an adjuster. If such decision shall be in favor of using a public adjuster, the Executive Board shall cause the Association to retain a public adjuster, 19 licensed as such by the Commonwealth of Pennsylvania, which adjuster shall, at the Executive Board's option, either act solely in the capacity of advisor to the Association with respect to such adjustment, or also act as the Association's authorized representative with respect thereto. (c) Each Unit Owner may obtain additional insurance at his own expense; provided, however, that: (I) such policies shall not be invalidated -by the waivers of subrogation contained in this Declaration; and (ii) no Unit Owner shall be entitled to exercise his right to maintain insurance coverage in such a way as to decrease the amount which the Association may realize under -any insurance policy which the Association may have in force on the Premises at any particular time. (d) Any Unit Owner who obtains individual insurance policies covering any portion of the Premises, other than: (I) personal property belonging to such Owner; or (ii) the individual Unit of such Owner, shall be required to file a copy. of such individual policy orpolicies with the Association within thirty (30) days after purchase of such insurance. (e) With respect to the insurance policies issued, the Association shall endeavor cause such policies to provide that: (1) The enforceability of such policies is not affected by any waiver of subrogation_as to -any and all claims against.the Association, any -managing agent, the Unit Owners and their respective -tenants, employees, agents, customers and guests, such subrogation being hereby waived; .(2) Such policies cannot be cancelled, invalidated or suspended by means of the .conduct.okany-one or,more Unit Owners,,all .defenses b.as.edppop _ acts of the insured being waived by the insurer, and in no event, can cancellation, material modification, invalidation or suspension for any reason be effected without at least twenty (20) days' prior written notice to each Unit Owner and all holders of Permitted Mortgages whose names and addresses are on file with the insurer; • (3) Such policies cannot be cancelled, invalidated or suspended on account of the conduct of any officer or employee of the Association or any managing agent employed by the Association without a prior demand in writing that the Associatiori• or such managing agent, as the case may be, cure the defect and without providing a reasonable period of time thereafter in which to cure same; and (4) Any "no other insurance" clause in such policies shall not prohibit Unit Owners from obtaining insurance on their individual Unit provided such insurance policy confouns with the requirements of this Article 9. 20 ti (f) The insurance reviews which the Executive Board is required to Conduct by the provisions of the last paragraph of Section 9.1 (a) hereof shall include an appraisal of the improvements in the Premises by a real estate appraiser acceptable to the insurance carrier or carriers writing he Association's hazard insurance policy or policies. (g) The name of the insured under each policy required, pursuant to this Article DC, shall be stated in form and substance similar to the following:• Borough Conunons., a Condominium Association, for the use and benefit of the individual Owners, or their authorized representatives, of the Condominium Units contained in the Borough Commons Condominium. (h) Each insurance policy required to be carried by the Association; pursuant to this Article DC, shall be endorsed to provide that any proceeds shall be payable to the Association of Owners of Borough Commons Condominium, for the use and benefit of Mortgagees, as their interest may appear, or shall otherwise be endorsed to fully protect all Mortgagees' interests. (I) Coverage may not be prejudiced by: (1) any act or negligence of one (1) or more Owners of Units when such act or neglectis not within the control of the Association; or (2) any failure of the Association to -comply with any warranty or condition -regarding any portion of the Premises over which the -Association has no control. -(j) All policies of property insurance shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such options shall not be exercisable (I) without the prior written approvat of the Executive Board (or any Insurance Trustee), or (ii) when in conflict with the provisions_of-any Insurance Trust Agrdenidritto whichthe As -s OdiatioiCtilayWa arty tit With • any requirement �flaw; • ' (k) Insurance coverage obtained and maintained, pursuant to the requirements of this Article IX, may not be brought to contribution with insurance purchase by Unit Owners or their Mortgages. (i) Insurance coverage obtained and maintained, pursuant to the requirements of • this Article IX, shall not provide that contributions may be required from the holders of Permitted Mortgages or that assessments may be made against the holders of Permitted • Mortgages or may become a lien on the Premises superior to the lien of any Permitted Mortgages. 21 ARTICLE X Limitation ofLiability Section 10.1. Limited Liability of the Executive Board. The Executive Board and its members in their capacity as members, officers and employees: (a) 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, or 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, drains, conduits, appliances, or equipment, or from any other place, unless, in each such instance, such injury or damage has-been caused by the willful misconduct or gross negligence of the Association or the Executive Board or its members. (b) 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, negligent or otherwise, except for the Executive Board members' own self-dealing, willful misconduct or gross negligence; (c) Shall have no personal liability -in contact to -a Unit Owner_or to any other person or entity under any agreement, check, contract, deed, lease, mortgage, instrument or transaction entered into by them on behalf ofthe Executive Board; (d) Shall not be liable to a Unit Owner or such Unit Owner's tenants, employees, agents, customers, guests or invitees for loss or damage caused by theft of or damage to personal ~property left by such Unit `Owner Dr his• tenants; ehployee& Tagents; customers, guests or'invitees• in a Unit, or in or on the Common Elements or Limited Common Elements, except for loss or damage caused by the Executive Board members' own self-dealing, willful misconduct or gross negligence; (e) Shall not have any personal liability in tort to a Unit Owner or any other person or entity, direct or imputed by virtue of acts performed by or for them, except for the Executive Board members; own self-dealing, willful misconduct or gross negligence in the performance of their duties; and (f) Shall have no personal liability arising out of the use, misuse or condition 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 self-dealing, willful misconduct or gross negligence. Section 10.2. Indemnification: Each member of the Executive Board, in his capacity as an Executive Board member, officer or both, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees reasonably incurred by or imposed upon him in connection with any proceedings in which he may become involved by reason of his being or having been a member and/or officer of the Executive Board, or any settlement of any such 22 . • proceeding, whether or not he is an Executive Board member, officer or both, at the time such expenses are incurred, except In such cases wherein such Executive Board member and/or officer is adjudged guilty ofwillful misconduct or gross negligence in the performance of his 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 is then an Executive Board member) approves such settlement and reimbursement as being in the best interests of the Association. The indemnification by the Unit Owners set forth in this Section 10.2.shall be paid by the Association on behalf of the Unit Owners and shall constitute a Common Expense and .shall be assessed and collectible as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Executive Board member and/or office may be entitled as a -matter of law or agreement or by vote of the Unit Owners or otherwise. Section 10.3. Joint and Several Liability of Unit Owners and Lessees: Each Unit Owner shall be jointly and severally liable with.arty lessees or sublessees of the Unit owned by such Unit Owner for all liabilities arising out of the Ownership, occupancy, use, misuse or condition of such Unit -or any portion of the Common Elements or Limited Common Elements. Section 10.4. Defense of Claims: Complaints brought against the Association, the Executive Board or the officers, employees or agents thereof, in their respeciive-capacities as such, or the Condominium as a -whole, shall be directed to the Executive Board of the Association, which shall promptly give written notice .thereof to the Unit _Owneriand the bolder of any Permitted -Mortgages, and such complaints shall be defended by the Association. The Unit -Owners and the holders of Permitted Mortgages shall have no right to participate other than through the Association in such defense. Complaints of a nature specified in Section 10.3 hereof againSt one (1) or more, but less than all Unit Owners or Units, shall be defended by such Unit Owners who -are defendants -themselves, and -such Unit 'Owners shall promptly give written notice of the ThAss6�ifi and to 1d�f61S,Veihilitelr'146116,ge ' oncumbering such Units. ARTICLE XI Units Subject to Condominium Document; Eminent Domain Section 11.1. Applicability of Condominium Documents. Each present and future Owner, lessee, occupant and Mortgagee of a Unit shall be subject to and shall comply. with the provisions of the Act, this Declaration, the Plats and Plans, the By -Laws and the Rules and Regulations and with the covenants, conditions and restrictions as set forth in this Declaration, the Plats and Plans, the By -Laws, the Rules and Regulations and the deed to such Unit; provided that nothing contained herein shall impose upon any lessee or Mortgagee of a Unit any obligation which the Act or one (1) or more of such documents, or both, make applicable only to Unit Owners (including, without limitation, the obligation to pay assessments for Common Expenses). The acceptance of a deed or mortgage to any Unit, or the entering into of a lease, or the entering into occupancy of any Unit, shall constitute an agreement that the provisions of the Act this Declaration, the Plats and Plans, the By -Law, the Rules and Regulations and the covenants, conditions and restrictions set forth in the deed to such Unit are accepted and ratified by such grantee, mortgagee or lessee. All of such provisions shall be covenants running with the 23 land and shall bind any persons having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. Section 11.2. Eminent Domain. Whenever all or part of the Common Elements shall be taken, injured or destroyed by eminent domain, each Unit Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto; but in any proceedings for the determination of damages, such damages shall be determined far such taking, injury or destruction as a whole and not for each Unit Owner's interest therein. _ARTICLE Xffi Executive Board of the Association Section 12.1. Powers of Executive Board: The Executive Board of the Association shall possess all of the duties and powers granted to the Executive Board by the Act. The Executive Board shall consist of three (3) members who shall be elected at the Annual Meetings of Association members as_provided in the By -Laws which members and any successors thereto shall be appointed by the.Declarant until their successors are elected at the Second Election Meeting of the Association_ Each Executive Board member shall hold office pursuant to the provisions relating thereto in the By -Laws. Section 12.2. Disputes: In the event of any dispute or disagreement between any Unit Owners rotating to the Premises, or any questions of interpretation or application of the provisions of this Declaration, thePlats and Plans, the By -Laws or the Rules and Regulations, the determination thereof by the ExeeiitiveBo r 'S all Tering and iiiliding'on each ti alr icli'Unit Owners The' Executive Board shall have the authority to seek a declaratory judgment or other appropriate judicial relief or order to assist it in carrying out its responsibilities under this Section 12.2. All costs of obtaining such a judgment shall be borne by the disputants; or in the absence of disputants, by the Association as a Common. Expense. Section 12.3. Amendments to the Condominium Documents: The Condominium Documents shall be amended in accordance with the Act and the Condominium Documents. Notwithstanding any other provisions of this Declaration to the contrary, if any amendment is necessary, in the judgment of the Executive Board, to cure any ambiguity or to correct or to .. supplement any provisions of the Condominium Documents that is defective, missing or inconsistent with any other provisions hereof, or if such amendment is necessary to conform to the requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with respect to Condominium projects, then, at any time and from time to time, the Executive Board may effect an appropriate corrective amendment without the approval of the Unit Owners or the holders of any liens on all or any part of the Premises, 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 amendment of the type described in this Section 12.3 shall be effective upon the recording of an appropriate instrument, setting forth 24 the amendment and its due adoption, which instrument has been executed and acknowledged by one (1) or more officers of the Executive Board. • Section 12.4 Abating and Enioining Violations by Unit Owners. The violation of any Rules and Regulations adopted by the Executive Board, the breach .of any provision contained in the By -Laws o r the breach of any provision of -this Declaration or the condominium Act by any Unit Owner or any tenant of such Unit Owner shall give the Executive Board the rights, in addition to any other rights to which it may be entitled, to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach. ARTICLE Xfil Managenzent The Association may employ a professional, experienced managing agent who shall oversee the daily operation of the Condominium, in accordance with the provisions -of the Act, the Declaration, the By -Laws and the Rules and Regulations. ARTICLE 3C(V Assessmen Liability of Unit Owners Section 14.1. Special Assessments: If the cash requirements estimated at the beginning of any fiscal year shall prove to be insufficient to cover the actual Common Expenses for such fiscal Year , f�r anYreason Wiy'ailffirifiailicniniinOt limitation:, '14 Unit OviiieN.naii- payment of his assessment) the Executive Board shall have the power, at any time and from time to time, it deems necessary and proper to levy one (1) or more Special Assessments against each Unit Owner. Section 14.2. Payment of Assessments: Each Owner shall pay all levied by the Association. Such assessments shall be due and payable on a monthly basis as designated by the Executive Board. Section 14.3. Use of Assessments: All monies collectedhereunder shall be used for the purposes designated herein. Section 14.4. Failure to Fix New Assessments: It the Executive Board shall fail to fix new assessments for Common Expenses, for the subsequent fiscal year, before the expiration of any fiscal year, the Unit Owners shall continue to pay the same sums they were paying for such. assessments during the fiscal year just ended, and such sum shall be deemed to be the new assessments for the succeeding fiscal year. If the Executive Board shall change the assessment at a later date, such new assessment shall be treated as if it were a Special Assessment under Section 14.1 hereof. 25 Section 14.5. No Exemption by Waiver: No Unit Owner may exempt himself from liability with respect to the Common Expenses by waiver of the enjoyment of the right to use any of the Common Elements or by the abandonment of his Unit or otherwise. Section 14.6. Personal Liability of Unit Owners: All sums assessed by the Association as an Annual or Special Assessment, together with interest thereon at the then maximum legal rate from the thirtieth (301) day following adoption of the of the resolution fixing such assessmentor from such due date or dates (in the case of assessments payable in installments) as may be provided in such resolution, shall constitute the personal liability of the Owner of the Unit so assessed and also shall, until fully paid, constitute a lien against such Unit pursuant to Section 3315 of the Act. The Association may talce action for failure to pay any assessments or other charges pursuant to Section 3315 of the.Act, and may assess a late charge for failure to pay any assessments or other charge on the date on which it is due. The delinquent Owner shall be obligated to pay (1) all expenses of the Executive 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 Executive Board for taxes or on account of superior liens or otherwise to protect its lien, which expenses and amounts, together with accrued interest, shall be deemed to constitute part of the delinquent assessment and shall be collectible as such. Section 14.7. Unpaid Assessments -Upon Execution Sale..gainst a Unit: Any unpaid assessments which cannot be promptly collected from the former Unit Owner may be reassessed by the Executive Board as a Common Expense to be collected from all of the Unit Owners, including (by way of illustration and not limitation) the Purchaser who acquired title at the sheriffs sale; his successors and assigns, and any holder of a Permitted Mortgage who comes into possession of a Unit by deed in lieu of foreclosure or assigned in lieu of foreclosure. Section 14.8. Liability of Purchaser of Unit for Unpaid Assessments: Notwithstanding the provisions of Section 14.6 ofthe Act, upon the voluntary sale, conveyance or any other voluntary transfer of a Unit or any interests therein, the grantee thereof shall be jointly and severally liable with the grantor thereof for all unpaid assessments for Common Expenses which are a charge against the Unit as of the date of consummation of the sale, conveyance or transfer; but, such joint and several liability shall be without prejudice to such grantee's right to recover. from such grantor the amount of any such unpaid assessments which such grantee may have paid, and until any such assessments are paid, they shall continue to be a lien against he Unit which may be enforced in the manner set forth in Section 3315 of the Act. Section 14.9. Subordination of Certain Charges: Any fees, charges, late charges, fines and interest that may be levied by the Association, pursuant to Sections 3302(a) (10), (11) and (12) of the Act, shall be subordinate to any first lien Permitted Mortgage. 26 ARTICLE XV Convertible Real Estate Section 15.1 Convertible Real Estate. Declarant expressly reserves the option to create Units, Common Elements, Limited Common Elements, within convertible real-estate more fully described in the attached Exhibit "C". Declarant's right convert real estate shall cease seven years after the recording of this Declaration. The real estate set forth in Exhibit "C" may be converted at different times and no assurances are made with respect to the boundaries of those portions to be converted. Portions of the real estate set forth in Exhibit "C" may be converted without the remaining portion being converted. The maximum number of Units to be built withinthe additional or convertible real estate shall be two.. These Units shall be restricted exclusively -to residential use. The buildings and Units -will be compatible with the other building and Units in the condominium in terms of architectural style, quality of construction, principle materials employed in construction and size. All restrictions in the Declaration effect and use occupancy and alienation of Units will apply to Units created within any convertible additional real estate. No assurances are made to the locations of the buildings. The limited Common Elements will be of the same general type and size as those within other parts of the condominium. The proportion of limited -Common Elements to - Units created within the convertible or additional real estate will be approximately equal to the proportion existing within the -other parts of the •condominium. ARTICLE XVI Interpretation The provisions of this Declaration shall be liberally construed in order to effectuate Declarant's desire to create a uniform plan for the development and operation of a condominium project. The headings preceding the various paragraphs of this Declaration and the table of contents, if included, are intended solely for the convenience of readers of this Declaration. ARTICLE XVII Severability The provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion hereof unless such deletion shall destroy the uniform plan for development and operation of the condominium project which this Declaration is intended to create. 27 ARTICLE XVTO: Effective Date This Declaration of Condominium shall become effective when it has been recorded. IN WITNESS WHEREOF, the Declarant of Borough Commons, a Condominium, INTENDING TO BE LEGALLY BOUND, hereby has duly executed this Declaration of Condominium the day- and year first above written. Borough Commons, a Condominiurn-, witness: Chestnut Street Townhouse, LLC, declarant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND By : SS: On this, the day of"—.0.---r , 2005, before me, a notary public, duly authorized in the County and State aforesaid to take acknowledgments, personally appeared P. John Sopinslcy,..SOleMeMber of Chestnut StreetTOWnhOiiie, LLC, existing under the laws of Pennsylvania, to me lcnown to be the individual who executed the foregoing instrument, and that he acknowledged the execution thereof to be his free act and deed as Declarant of Borough Common, a Condominium, that he is duly authorized, and that the said instalment is the act and deed of said association. WITNESS my hand and official seal in the above County and State. COMMONWE OP P NNSYLVANIA • NOTARIAL SEAL CAROL L TROXELL, Notary Public New Cumberland Miro. Cumberland Ca. My Col:mission Expires Dec. 7, 2005 28 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY SUBMITI.ED TO CONDOMINIUM ALL THAT PARCEL in the Borough of Mechanicsburg, Cumberland County,Tennsylvania, more particularly bound and described as follows: BEGINNING at a point at the Northwest corner of Parcel No. 279 on the hereinafter mentioned Plan ofLots, said point being on the eastern line of the macadam cartway of South Chestnut Street, thirty-eight (38') foot macadam cartway, sixty (60') foot right-of-way; thence by the eastern line of the macadam cartway of South Chestnut -Street, North 17° 36' 03" West, -a distance of 60.00 feet to a point on Parcel No. 276 on the b:ereinafter mentioned Plan of Lots; thence by Parcel No. 276, North 72° 16' 57" East, a distance of 142.00 feet to a point at the western right-of-way line ofirvin fifteen (15') right-of-way; thence by western right-of-way line of Irving Alley, South 170 36' 03" East a distance of 60.00 feet to a point at Parcel No. 279 on the hereinafter mentioned Plan of Lots; thence by Parcel No. 279, South 72° 16' 57" West, a distance of 142.00 feet to a point at the eastern line of the macadam cartway of South Chestnut Street, the point and place of BEGINNING. BEING combined Parcels 277, 277A, and 278, an a Final Land Development and Subdivision Plan for John Sopensky, recorded in Cumberland County Plan Book 89, Page 32. 29 EXBIBIT "B" PERCENTAGE OF COMMON INTEREST Unit 117-A 331/3% Unit 117-B 33 1/3% Unit 117-C "33 1/3% 30 EXBIBIT "C" CONVERTIBLE REAL ESTAIlt Parcel 1 BEGINNING at a point at the northern right-of-way line of East Locust Street, thirty.(30`) foot right-of-way, twenty-two (22') foot macadam cartway, said point being at the intersection of the -said northern right-of-way tine and the eastern line of the -macadam cartway of South Chestnut Street, thirty-eight.(38') foot Macadam cartway, sixty (60') foot legal. right-of-way; thence by the macadam cartway line of South Chestnut Street, North 17° 20' 48" West, a distance of 46.00 hundredths feet to a point at a lot containing an area of 5,638.72 square feet; thence by the same and by other convertible real estate, North 730 03' 26" East, a -distance of 141.80 feet to a point at -the western right-of-way line of Irving Alley, fifteen (15') foot right-of-way, twelve -(1T) font paved cartway; thence by the western right-of-way line of Irving Alley, South 17°36' 03" East, a distance of 45.00 feet to a point at the northern right-of-way line of East Locust Street; thence by the northern riglit-Of-Way line Of East Locust Street, South 73°39'12" West, a distance of ' 142.00 feet to a point at the macadam cartway of South Chestnut Street, the point and place of BEGINNING. BEING designated as Building 109 and Parcel No. 272 on the Declaration Plat and Plans of the Borough Commons, a Condominium, and containing 6,456.44 square feet. 31 EXEIBIT "C" CONVEIMBLE REAL ESTATE (CONTIN(JED) Parcel II BEGINNING ata point on the southern right-of-way line of an unnamed alley, ten (101) -foot paved cartway, fifteen (15') footright-of-way, said point being at the western right-of-way line of Irving Alley, fifteen (15') foot right-of-way, twelve (12') foot paved cartway; thence by western right-of-way line of Irving Alley, South 17° 36' 03" East, *a distance of 90.65 feet to a point at Parcel No. 272 on the hereinafter mentioned Plan of Lots; thence by Parcel No. 272, South 73° 03' 26" West, a distance of 73.97 -feet to a point at a lot containing an area of 5,638.72 square -feet -thence by said lot the following courses and distances: -(1) North 18° 18' 29" West, a distance of 35.34 feet to point (2) South 73° 07'08" West, a distance of 8.80 feet to a point; and (3) North 16° 52' 36" West, a distance 5539 feet to a point at the southern right-of-way line of an unnamed a.114; thence by thesouthern fight -of -way line of an unnamed alley North 730 07' " 08" East, a distance of 82.51 feet to a point at the western right-of-way line of Irving Alley, the point and place of BEGINNING. BEING designated as Building 105 on the Declaration Plat and Plans of the Borough Commons, a Condominium, and containing 7,207.79 square feet. 32 CERTIFICA1 Id; OF SUBSTANTIAL COMPLETION OF THE BUILDINGS AND UNITS OF BOROUGH COMMONS A CONDOMINIUM I, Chris A. Hoover, a registered surveyor in the Commonwealth of Permsylvania, License No. SU053658E, hereby certify that all structural components and mechanical systems of the Building comprising Units in the preceding Declaration of Condominiums, of Borough Commons, A Condominium, as well as of Building 117, Units A, B and C, which comprise all Units of the Borough Commons Condominium, as described in the foregoing Declaration of Condominium are substantially complete_in accordance with the Plats and Plans attached to the Declaration of Condominium. CHRIS A. HOOVER LAND.- . SURVEYOR 10.511 -056S� -E -Chris A. Hoover Registered Surveyor COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CUMBERLAND On this, the ;2.7- day of , 2005, before me the undersigned officer, a Notary Public, personally appeared, Chris A. Hoover, a register surveyor in the Commonwealth of Pennsylvania, License No. SU053658E, known to me (or satisfactorily proven) to be the person whose name is sub- scribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first ioove written.. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DANIEL M. HARTMAN, Notary Public nd Do, Cumberland Co. My Commisw sion Expires Jan. 21 2009 ;gt /IL Notary Public E00/E00 'd Boro Commons Condominium Association Invoice: Mechanicsburg PA, 17055 Invoice: Delinquent (Return Address) Invoice Date: 8/18/14 10 Ashton Drive Due Date: Past Due Etters PA 17319 Chestnut Street Townhouses, LLC Attn: Paul John Sopensky Item Service- August 2010 -April 2013 Association Fees Unit Price Quantity Amount $65 33 $2,145 Service- May 2014 & August 2014 $65 Association Fees Notes: 13 South Chestnut Street, a condominium Unit Owes August 2010 -April 2013 (33 months) & May 2014 and August 2014 (2 months) totaling 35 months in the amount of $2,275. 2 $130 Subtotal $2,275 Total Amount $ 0 Paid Balance Due $2,275 EXHIBIT 8052 99/ /1/(XdA) ']NI '0] 8 SSOd9 NHOr 60:Z0 (NOW)V[02-81-9f18 600/200 d VERIFICATION I, T Ce,e-,(7.- hereby state that I am the authorized representative of the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my information and belief. The undersigned understands that the statements herein are made.subject to the penalties of 18 Pa. Cons. Stat Ann. 4 4904 relating to unsworn falsification to authorities. Date: 9'1/Li Printed Name: Roberi- awft12._ Title: 51zerviv frredsurcr 9052 99L /1/(Xtid) ]NI '0] l SS0d9 NHOF 60:L0 (NOOP.102-8 CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, hereby certify that on this date I served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following: P. John Sopensky Chestnut Street Townhouses, LLC 30 E. Maplewood Avenue Mechanicsburg, PA 17055 HYNUM LAW By: (/CZ�/ Brian K. Zellner, Esquire Date: August 18, 2014 BOROUGH : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PA Plaintiff u CHESTNUT STREET TOWNHOUSES, LLC. Defendant 1. Agreed Z. Agreed 3. Agreed 4. Agreed S. Agreed 6. Agreed 7. Agreed : NO 14-4493 : CK/KACTK]N-LAVV ANSWER 8. Plaintiff failed to invoice monthly assessment within a reaspnable period of time. 9. Plaintiff failed to provide accounting of collected funds, including insurance payments,or budget. 10. The association assessed fees over the amount of operating requirement. 11. Plaintiff is therefore not entitled to collect fee from previous years. HARRASSMENT 1. Plaintiff has employed harassing methods and language to collect feessuch as 2. Defendant seeks punitive damages of $5,000.00 As17 d �4\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Borough Commons Condo. Association Plaintiff NO. 14-4493 VS Chestnut Street Townhouses, LLC, : Defendant CIVIL TERM RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in=the. following form: r:, THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian K. Zellner , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 4,775.00 The counterclaim of the defendant in the action is $5,000.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brian K. Zellner, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfuly submitted, ORDER OF COURT nR pia,.. �.- CavvA -ba$,Wd Atli %k(--t1k 3 AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Borough Commons Condo. Association ; Plaintiff NO. 14-4493 CIVIL TERM VS Chestnut Street Townhouses, LLC, : Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian K. Zellner , counsel for the plaintiff/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is $4,775.00 The counterclaim of the defendant in the action is $5,000.00 The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Brian K. Zellner, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, av�A-%aS.t-DPd ath ORDER OF CRT AND NOW, N /D!' S , 20_/y , in consider atio of the foregoing petition, ��?J Gf�(1/ .O�iC Esq., and k J .11. Esq., and i7 LLI,�� ` �D L� Esq., are appoin d arbitrator algve captioned action(or actions)as prayed for. = C-) r i By the Court, --0 " nx. d' V-­�w ry / -/�//�• KEVIN A. HES , .J. :,j �G'�i Cs' /141•�ll� /��/5���/ plet BOROUGH COMMON CONDO : IN THE COURT OF COMMON PLEAS OF ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CHESTNUT STREET TOWNHOUSES LLC Defendant : CIVIL ACTION — LAW : NO. 14-4493 CIVIL ORDER AND NOW, this 17'4 day of December, 2014, the appointment of Paul Ferguson, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. David Galloway, Esquire, is appointed in his place. BY THE COURT, A 4/, Kevin Hess, P. J. ,/Stephanie Chertok, Esquire Chairman Court Administrator :rim -fbeszLi;o-etc___ iapofri CD CD OD •