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06-0561
GENEVA PLACE CONDOMINIOUM ASSOCIATION, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PA V. No. U6- 5(,J DIANA L. MARSHALL-BOYLE, CIVIL ACTION Defendant To: Diana L. Marshall-Boyle 1475 Mt. Pleasant Road Columbia, PA 17512 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone number (717) 249-3166 GENEVA PLACE CONDOMINIOUM ASSOCIATION, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. / DIANA L. MARSHALL-BOYLE, CIVIL ACTION Defendant COMPLAINT Plaintiff, Geneva Place Condominium Association, by and through its attorneys Saidis, Flower & Lindsay, PC commences this action for money judgment for condominium assessments in accordance with the statutory authorization of 68 Pa.C.S. § 3315, and in support thereof avers as follows: Plaintiff is the condominium unit owners' association of Geneva Place Condominium (the "Association"), having its principal office at the location of its agent, Property Management, Inc., 1300 Market Street, Suite 201, PO Box 622, Lemoyne, Pennsylvania 17043-0622. Defendant is the owner of record of Unit 13, Geneva Place Condominium, by deed dated September 8, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 35-W, Page 403, a copy of which is attached hereto as Exhibit "A" and incorporated hereby. Defendant's last known address is 1475 Mt. Pleasant Road, Columbia, Pennsylvania 17512. 4. On August 19, 2005, plaintiff filed a complaint against defendant with District Justice Gayle A. Elder for money owed by defendant to plaintiff. 5. On November 4, 2005, plaintiff obtained a judgment against defendant for $2,481.96. A copy of the judgment in favor of plaintiff is attached hereto and incorporated hereby as Exhibit "B." 6. The Declaration of Geneva Place (the "Declaration") was recorded October 5, 1983 in the Office of the Recorder of Deeds of Cumberland County, in Deed Book 289, page 929 et SeMc ., a copy of which is attached hereto and incorporated hereby as Exhibit IIC.11 7. The Bylaws of Geneva Place attached (the "Bylaws") were recorded October 5, 1983 in the Office of the Recorder of Deeds of Cumberland County, in Deed Book 289, page 951 et seMc ., a copy of which is attached hereto and incorporated hereby as Exhibit "D 8. An Amended Declaration of Geneva Place (the "Amended Declaration") was recorded May 22, 1986 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 817, Page 994, a copy of which is attached hereto and incorporated hereby as Exhibit "B." 9. The "Values, Rules and Regulations" for Geneva Place Condominium (the "Rules and Regulations"), were approved March 1990 and revised August 26, 1997, a copy of which is attached hereto and incorporated hereby as Exhibit "F." 10. The aforesaid Amended Declaration at Article V, Section 7, provides each Unit Owner, by acceptance of a deed, is deemed to covenant and agree to pay to the Association such assessments or charges as may be levied by the Unit Owner's Association. 11. Article III, Section 2 of the Amended Declaration provides that "Common Expenses will be assessed pro rata against each Unit in accordance with ... percentage ownership." 12. The aforesaid Amended Declaration at Article VII, Section 4, provides that all sums assessed for Common Expenses against Unit Owners shall constitute a lien against the property and shall be the personal liability of the Unit Owner so assessed. 13. The Amended Declaration provides further, at Article VII, Section 3, that Unit owners shall be obligated to pay interest at the rate of ten percent (10%) per annum from the due date on all late payments of assessments, which rate of interest is expressly authorized by the Uniform Condominium Act at 68 Pa.C.S. § 3314(b). 14. Paragraph 23 of the Rules and Regulations provides unit owners must pay condominium monthly fees by the 10`h of each month or a ten percent (10%) per month penalty charge will be assessed. 15. The Bylaws at Section VI, Paragraph (6), the Executive Board may levy a Special Assessment for extraordinary expenditures at any time, which shall become payable with the next Common Expense Assessment due more than ten days after delivery of notice of the Special Assessment. 16. The Bylaws provide further, at Section IV, Paragraph 2(k), the Executive Board of the Association has the power to impose charges for late payment of assessments and levy reasonable finds not to exceed twenty-five dollars ($25.00) per day for violations of the Declaration, Bylaws and Rules and Regulations. 17. Defendant is in default of her obligations pursuant to Article V, Section 7 and Article VII, Section 3 of the Amended Declaration, Paragraph 23 of the Rules and Regulations, and Section VI, Paragraph (6) and Section IV, Paragraph 2(k) of the Bylaws, in that defendant has failed to pay her assessments, special assessment, late fees and interest charges for the months beginning June, 2004 and ending January, 2006. 18. Asa result of the aforesaid default, Geneva Place Condominium Association is owed $4,573.76 by defendant, a statement of which is attached hereto and incorporated hereby as Exhibit "G." Said amounts will increase pending the accrual of additional assessments, fees, interest and charges. WHEREFORE, plaintiff demands judgment against defendants in the amount of $4,573.76, plus an additional sum which accrues after the commencement of this action, and further requests that this Honorable Court award attorneys fees and costs incurred in prosecution of this matter. Respectfully Submitted, j/2U'12?Ta SuzannwC. Hixenbaugh, Esquire PA Supreme Court ID No. 91641 Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 +{ ? ?.. -. ,. -. _ J ?? ?? ???? rm1 717-243-6486 SRIDIS SHWFF FLOWFR GENEVA PLACE CONDOMTNVIOUM ASSOCIATION, Plaintiff v. DIANA L. MARSHALL-BOYLE, Defendant moon 412 P02 JAN 20 '06 09::! COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION VER.MCATION PURSUANT TO Pa.R.C.P. 205.3 I President of the Geneva Place Condominium Association, hereby state that (1) the facts in the attached Complaint are true and correct to the best of my knowledge, information and belief and (2) on the date set forth below I signed this original Verification and faxed it to my =Dnieys and authorize my attorneys to attach the facsimile copy to the original document to be filed with the Court pursuant to Pa.R.C.P. 205.3(a). I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Data By: president, Geneva Place Condominium Association GENEVA PLACE CONDOMINIOUM ASSOCIATION, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION DIANA L. MARSHALL-BOYLE, Defendant CERTIFICATE OF SERVICE AND NOW, this 26TH day of January, 2006, I, SUZANNE C. HIXENBAUGH, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I served the Complaint filed in the above captioned case by United States Mail, First Class, Postage Prepaid, return receipt requested in Carlisle, Pennsylvania, addressed to: Diana L. Marshall-Boyle 1475 Mt. Pleasant Road Columbia, PA 17512. C Gtr1i+'lE' C =?1 ! GLV '??l SuzanT C. Hixenbaugh, Esquire PA Supreme Court ID No. 91641 Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 ? brf? ??? WSB 082092a.grs DEED THIS DEED is made this 2? day of ; 1992, by and between: HARRY L. GROSSMAN and SUZY A. GROSSMAN, his wife, of the Borough of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as GRANTOR. - and - DIANA L. MARSHALL, single woman, hereinafter referred to as GRANTEE. WITNESSETH, that in consideration of the sum of FORTY-NINE THOUSAND NINE HUNDRED AND 00/100 ($49,9.;00.00) Dollars, in hand paid by GRANTEE to GRANTOR, the receipt whereof is hereby acknowledged, the GRANTOR does hereby grant, bargain, and convey to the said GRANTEE, grantee's heirs and assigns: III({I11,111HII ALL THAT CERTAIN unit designated as Unit Il- z 13,BUilding I, being a condominium unit in Geneva ° Place, a condominium, located in Upper Allen Township, a o N rn Cumberland County, Pennsylvania, which unit is located I z on the First Flood, Building I, as designated in the 9 m Lw _^ Declaration of Condominium recorded 5 October 1983 in ^_ r ° the Office of the Recorder of Deeds for Cumberland a ?? y a 4n a) County in Misc. Book 289, Page 929 and in the ? d Declaration Plans as recorded in the Office of the 3 w O a Recorder of Deeds for Cumberland County in Plan Book 2 a Q U 3 44, Page 62. Said unit also known as and numbered as i? V Z Z 1003-13 Nanroc Drive. O:;E K ?p r? a TOGETHER WITH all right, title and interest, in O w <nxa and to the Common Elements as more fully set forth in n c2E the aforesaid Declaration of Condominium and 6 0 0 Z Z 0 Declaration, as amended. UNDER AND SUBJECT to all agreements, conditions, c s easements and restrictions of record and to the v ^ provisions, easements, covenants and restrictions as 9 v \ le contained in the Declaration of Condominium, code of p c q Regulations and Declaration Plans, as amended. jgt s C BEING the same premises which John E. Sroka and ° Marion L. Sroka, his wife, by their deed dated 14 July P z 1988 and recorded in the Office of the Recorder of u Deeds in and for Cumberland County, Pennsylvania, in Deed Book L, Volume 33, Page 890, granted and conveyed unto Harry L. Grossman and Suzy A. Grossman, his wife, r' v Grantor herein. aou:f 035 etice 403 THIS CONVEYANCE is made under and subject to easements, rights-of-way, restrictions, and other matters of prior record. AND THE said Grantor will specially warrant and forever defend the property hereby conveyed. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hands and seals the day and year first above-written. H {!'' /,ULr (SEAL) WNIV? -- =MY Y L. GROSSMAN 7a (SEAL) WITNESS - S Y GROSSMAN I hereby certify that the precise address of the grantee herein is /bb3 ' ? 3 `?(.tn?Lar? ,?' / lUl.Gv?a-ate, , ASto= for Gra tee G??V r 'o /7055 r D m COMMONWEALTH OF PENNSYLVANIA ( SS.: 3 COUNTY OF E&M$Ei2IrAND- ) On this, the ";?f_ C4 day of C 1992, before mss a Notary Public, the undersigned offices, personally appeared --1 HARRY L. GROSSMAN and SUZY A. GROSSMAN, his wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that said person(s) executed the same for the purposes therein contained. n G FmA woo mam ;0 A m r rn m -? z 9 .o v Cf ? N o"m cv? z m r 4o? N v 4 N WITNES&ad+1Hi:1RE0F, I hereunto set my hand and official ............. seal. Mary D. Ver Hegb. r`IOtaY A+ Ya1c Couny D05au9 Duo - s<t D!) '%.,? r, I . My cwmisslm Erpiras MaY 7,1994 /?,v// `s 7 Notary P iC c.arS K r ." C _ 3 w .: , . 0 t W ?k'a:.l:n 1•:. ? ? L: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1!ri>' RECORDED in the Office for Recording of Deeds in and for Cumberland County in Deed Book LA-') , Volume'J , at Page l1/IS WITNESS my hand and seal of Office this ZZM day of .Aar Domini 1992. ??CO d . ?a ar der r r r Recorder 2 U4Oj W 35 PAGE 404 I Exwl f s COMMONWEALTH OF PENNSYLVANIA v l Uuil I T Map. Dist. 09-3-05 MDJ Name'. Hon. GAYLE A. ELDER Address: 507 N YORK ST MECRANICSBURG, PA Telephone: (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rGENEVA PLACE CONDO ASSOC-C/O PMI PO BOX 622 LEMOYNE, PA 17043 L J vs. DEFENDANT: NAME and ADDRESS kARSEALL-BOYLE, DIANA 1475 MT PLEASANT RD COLUMBIA, PA 17512 GENEVA PLACE CONDO ASSOC-C/O PMI L J PO BOX 622 Docket No.: CV-0000301-05 LEMOYNE, PA 17043 Date Filed: 8/19/05 THIS IS TO NOTIFY YOU THAT: Judgment: _?EFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) aRWRcrA PT.Ar•x rmmmn Aaanr+-t-in P ® Judgment was entered against: (Name) wrAPesrAT.T.-snyL1iz nTANA in the amount of $ 2, 461 _46 on: 0 Defendants are jointly and severally liable. (Date of Judgment) 11 /n4/ns (Date & Time) 0 Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to -I Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total 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 THE 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 JUDGEMENT 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. /J A 0 Date Magisterial District Judge =cerfllllat is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2006. SEAL x?r?r 7L C DECLARATION GFNEvA PLACE ARTICLE I SUBMISSION: DEFINED TEHN6 Section 1. Lkclarant; Property; Coentyj Name. Cedar Ridge Associates, Inc., a Pennsylvania corporation, having its principal place of business at 301 South Allen St., State College, Centre County, Pennsylvania 16901, owner in fee simple of the lard t"lard") described in Exhibit "A" attached hereto and incorporated herein, located in the Tuwmtol p of Upper Allen, Qmberlard County, Pennsylvania, hereby submits that the lard and the inprovanents constructed thereupon ("EWilding"), together with all easements, rights and appurtenances thereinto belonging ("Property") to the provisions of the Pennsylvania Lhufa m CorJrnLLoj m Art, 69 Pa. O.S. §3101 et. Seg. ("Ant"), and hereby creates with respect to the Property a flexible Cnnsdaniniun to be (mown as "Geneva Place" ("Curkxdniun"), by reserwing the option to add certain additional real estate ("additional Heal Estate") and to convert certain convertible real- estate ("Convertible Heal Estate") as described in Exhibit "B". Section 2. Easemebts. The Property is so submitted subject to the recorded easements and other matters set forth on schedule I hereto. Section 3. Defined Terms. (a) Terms not otherwise defined herein, in the Bylaws or in the Plats and Plans, as they may be amended, sha11 have the meanings specified or used fn the Act. (b) The following terms, care of Wuch are used or defined in general terns in the Act, shall have specific mea,dngs hereunder and mder the Bylaws as follows: (1) "Anebdrent" means an amendrent to this Declaration of COniomimm or to any other of the COndi niun Docu ants as provided herein. (2) "ASSxiation" means the association of persons owning Units in the Condaninio, and designated as the Nanroc Gardens. (3) --Boilding" means the five (1) story buildings and two (2) story buildings with basements containing twenty-Four Condominium Unfits and Carron Elaaw is constructed on the Land and any building containing additional Cordandniun Units and Carron Elements constructed pursuant to the exercise of Declarant'. Special Rights relative to Additional and Convertible Beal Estate. (4) "Bylaws" means the Bylaws of the Association. (5) "Caannn Elemeent5" means and includes: (i) the Land on which the Building is located cud those pOrtiens of the Banding which are not included in any Unit; (ii) the foundations, structural parts, supports, main walls and rpofs; (iii) the yards and facilities, sidewalks, surface parking spaces allocated to guest wse, aril any improvenents Which support or awstain all of same; (iv) portions of the Land and Building used exclusively for the managarent, operation or maintenance of the Crnnttan Elrnentc; (v) installations of all central services ani utilities; (vi) all apparatus and installations existing for ccm usc; including without limitation, exterior building improvements; (vii) all other elermnts of the Building necessary or convenient to its existence, managanesit, operation, maintenance antl safety; (viii) such other facilities as are desigrtated by this Declaratim as Connor Elements; (ix) the term Cam,on Ela nts shall include Limited Canon Elaeert5 as hereinbefore defined, except as otherwjse specified. (6) "Crn n Expenses" rears and includes; A. In General (i) ev,e es of acrunistration, maintenance, repair or replace,ent of the Canon Elments and facilities and, except as limited herby, of the Lhnited Cannon £1em:nts and facilities; (ii) expenses detemned to be Cc ilcu Expenses by the Pct or by this Declaration or by the Bylaws; (iii) expenses determined to be Carron Egansas by the Exca-utive Board and lawfully assessed against the Unit Owners in accordance with the Bylaws; (iv) "cannon e P rels" slwll fl..an charges or expenses as the case may be; (v) the experue, if ever Occurring, or installation of cable or cavmn television service Lo the building shall Be a Comm l:xpeitse; (vi) utility charges for utility services to the C.. Elements. B. Utilities (i) 'Rbe use of electricity, gas, water and sewerage services supplied for the benefit of each Unit and its respective l.iml ted Cr F`Ou Elo, is shall be separately retercd, and the costs therefore shall tie paid by each Unit Owner, Ihe use of such services for the benefit of the Camn Ele nts shall be separately .tllc and the costs therefore shall be allocatoj as a Camon EW>ease. 2 - (7) "COridaniniran" nears the band, Goulding and Property sutmitted to the Act and designated as the Caieva Place. (R) "Conch nil-- Doc,ments" ,rears this Declaration of CoMo..rd., the Bylaws, the Rules ad Hegulations, if any, as p,oauA- gated by the Executive board ani a,y subsequent a ,cltlcuts W these docurents. (9) "Convertible Real Estate" means a portion of this Flexible Cwdauunium not within a Building containing a Unit, witlun Orich additional Units or Limited Comon Ebat ts, or both, may be created. (10) "Declarant". rreas the.Declarant and all successors and assfgrs W its Special Declarant Rights. (11) "Declaration" -,ears this instnment and all amend- ,rents hereto. (12) "Executive Board" means the E:cecutive Board of the Geneva Place Much shall act no behalf of. the Association. (13) "Flexible Condominium" means a condoninirsn containing .U-drawable or convertible real estate, a cordardniun to which additional real estate Way be added or a rsnbination thereof. The Flexible Condanin- io- created hereby provides for Additional and Convertible Real Estate. (14) 11rne ers Association" means, the Nanroc Carders Condmirutm Association, Inc., an association of persons who, as owners of Units in the Cordooan Lm, are also memhers of an association o,zung and ope1ati19 the Opus Space in acconla?ce with and pursuait to the Declaration of Covenants, Conditions and Restrictions of Geneva Place dated , and reconled in the Office of the Recorder of Deeds of Qmberlar' County, Perv,eylvania. (15) "land" means the land described in Ethibit "A" attached hereto and incorporated herein. Tn the event of the exercise of Declarant's Special Hight W odd Additional Real Estate, "Land" 0i11 mean U, 1,ei described in Exhibit "A" tojether with any of the lard described in Exhibit "B" which has been added W the Condominium, by DeclaranCS exercise of its Special Declarant Right. (16) "Limited Ca o Eloccnts" means portions of the Carron Elt ents allxated in the exclusive use and enjoy Trr,t of a speci- fic )hut or limited number of Units (17) "Major,Ly" or "Majority of the Unit OQmers^ news the owners of imne than fifty percent (50'/) of the Corm, Fla,rnts. (16) "M,1tgagee" rreans any lender holding a first mortgage encurbering any Unit. (19) "Open Area" is the land owned, maintainer) " aril regulated by the Haiti er's Association for whose use each mril,er must Fay his prn rata share of the costs in a1cOYd3rLe with the Declaration of Covenant,, Conditions and Restrictions of the Horeaner's Association. In the Wclaraticn of Covenants, Conditions arc" restrictions of the ill n er's Association, "Open Area" is referrOl to also as "Crnrron Area - 3 - (20) "Parcel" means any of the parcels of real property described in ExUibits "A" and "R" to this Declaration, of e nich Parcel No. 1 has been nuorese,edify sub'atted to the Act and the rmiainder have been made subject to Special Declarant flights. (21) "Percentage Interest" meows each Unit amer's tm- divided ownership interest in Ure Caron Ebarents as set forth in _ Ghibit "C" ettacbed hereto no incorporated herein. (22) "Person" rnearls a natural individual, corporation, partnership, association, trustee, or other legal entity. (23) "Plats and Plans" means the Plats and Plans incorpo- rated herein and recorded sin dtanecusly herewith. (24) "Property". means the'tard with all easements, rights and appurtenances thereunto belonging and the Building or buildings constructed thereupon. (25) "Resident" means any lawful occupant of a Unit except a Unit Owner, including lessees order lease fran a Unit Owner. (26) "Rules and Regulations" means rules and regulations er, promulgated by the Exccutive Uoard in aCCOrdsoce with the coritocar, Documents and the Act. (27) "Special Declarant Rights" or kDeclar-ant-5 Special Rights" means the reservation of options or other rights for the benefit of the Declarant as provided in Section 3103 of the Act, including the right to add Additional Real Estate and to convert Convertible Real Estate. (28) "Unit" ,earls a Unit as desribed herein and in the Plats and Pla , (29) "Unit Designation" means the number, letter or combination thereof designating a Unit on the Plan. (30) "Unit Omer" mesras the person or persons owning a Unit in fee shn,Ie. ARTICLE IT BUILDING ON 'tit: LAND: UNIT EOUNDARIES Section 1. Location of Flrilding. The location, dimensions and area of the Bending are shown on the Plat. The locations, ctu e lions and areas of the Buildings and Units subject to the Declarant's Special Rights to add Additional Real Estate and to convert Convertible Real Estate are show, on the Plat. No issuances are given as W the general description of all other imprrv?ts and Limited Carron Elemnts that may be nude or erected Lpon or created on any portion of the Additional or Convertible Real Estate, - 4 - Section 2. location of Units and Percentage Interests in the Canon Elcnxnts. the location, difrensior:s grid area of the llnits within the Building are shown on the Plans. A list of all LiMtS, their respective identifying Ynumdners, and the Percentage Interest in the Cajnexn Elam=nts app wtemant to each Unit are 5hnwn in Column A of Pxhibit "C". Except as provided in Article 11, Section 2(b) hereof, vercentage Interests shall rot be altered except by ai Aaerdmeot to this beclaretion executed by all Unit avers affected thereby. The total rm- divided interest in Conron Elenents assigned to all Units shall at all times aggrevete one hundred percent (100%). In the event the Declarant exercises his Special Declarant Rights to add Additional Real Estate and/or to convert Convertible Real Estate, the Percentage Interest in the Comron Elements appurtenant to each unit shall be as set out in Colons B or C of Exhibit "C". 5 motion 3. location of'Cavmn Elements. The locations of the cannon flo ents are shorn on the Plats and Plans. Balconies, terraces, patios and farces, if any HO n adjacent to any Unit are Limited Colaot Ele,ents appurtenant to such Unit. Section 4. Unit Boundaries. Each Unit consists of the space within the following boundaries: (a) Upper and lower (Horizontal) Bonusiaries: The upper and lower bonuxlaries of the Unit shall be the following boordaries extended to an intersection with the Vertical Wwndaries: (1) Upper Boundary: The horizontal plane of the bottan surface of the concrete ceiling slab or wooden surface constituting the ceiling of the Unit. (2) lower Bo,mdary: The horizontal plane of the top surface of the caicrete slab or wooden surface constituting the floor of the Unit. (b) Perimetric (Vertical) Boundaries: The perimetric boundaries of the Unit shall be the vertical planes, extended to intersections with the upper acid lacer boundaries, forced by the Unit-side (inside) surface of the walls which surround the Unit and r n:a c" i fll.> t s'd badv doors and windows. (c) Balconies, terraces, patios, and fences, if any, as set for Ui in the Plats and Plans are Linuted Caron Elarents allocated solely to the Unit to which it is appurtemm?t. The boundary of such Lvnited Carron Ele ants shall extend beyond the exterior perimeter wall cut to the vertical plane nude by the inside surface of the perimeter fences or walls, if any, on said balcony, terrace or patio. The horizontal floor surface of said Unit shall prescribe the loner hcudany of the balcony, terrace or patio and the horizontal surface of the plane created by a horizontal extension of the Halt's ceiling shall prescribe the upper bauudery of the balcony, terrace or patio. 'The air space over the balcony, terrace or patio, thus described, shall Constitute part of the Lnu ted Canon Elements. The well and windows, if any between the balcony, terrace or patio and the rest of the Unit shall to a Limited Canon Elanent. - 5 - (d) Each Unit shall include the itans within the botindo ies as described in Paragraphs (1) and (3) of §3202 of the Act and shall have the benefit of the use of the Linuted Coman Ele'rents described in §7202 of the Pct, or designated on the Plans, as being allocated to such Unit. (e) She Unit identification numbers are shoran on the recorded Plat and P ailding Plans and in E:ehibit "C". (f) If any chute, flue, duct, wire, pipe, conduit, bearing wall, window, door bearing colrvm or other fixture or structural element lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Liauted Carron Elarent allocated solely to that unit, and any portion thereof serving nore than one Unit or any portiai of the Ccammu Eleimnts is a part of the ca. Elamsnts. (g) Subject to the provisions of Paragraph (f) above, all spaces, interior partitions and other fixtures and inproverents Within the bamderies of a Unit are a part of the Unit. Interior partitions may be `roved, re owed or replaced only upon prior written approval of the Executive Board, which shall net be withheld unreasonably. In the event a Unit Owner does nnve, shove or replace any interior partitions, na a IdNalt of the Plats and Plans shall be necessary. Section S. Maintenance Responsibilities. Notwithstanding the ovaneeship of Che various portions of the Carron Elerents and the Units by virtue of the foregoing boundary descriptions, the (huts and Limited Caamn Elements shall be maintained and repaired by each Unit Stoner and tile Cumnn £lar is maintained by the Association in accordance with the provisiixv of §3307 of the AcL. All expenses associated with the maintenarne, repair and replacement of a Limited Cmr,en Ehoot shall be paid by the Unit O„nor th which such Lim Cod Camm, Element was assigned it the time the expense was incurred. If such Limited Gavron Slenents are not kept in good repair the ?_.iation. may do so and charge the cosL thereof plus a 1CP/, service fee against the Unit Obmer as a camnn expense. Section b. Relocation of unit Boundaries and Subdivision of Units. Relocation of boundaries between Units with the consent of the Pxecutnva Byrd) 'All be pa,1111 ted subject to ccmplic ce uvi Un the provisions therefore in §3214 and 3215 of tine Act. ARTICLE III VOTING PD CONnt)N E%PENSES Section 1. Voting. (a) At any meeting of the Association, the Unit nw ers of each Unit, collectively, shall be entitled to case one (1) vote, whether a do bcdroan Unit or a one-bedroao Unit or a three-bsgl , Unit. (b) In the event the Declarant exercises its right to add Adtlitior?l. Real Estate and/or to convert Convertible Real Estate, the Unit Owners of rain added or converted roil shall be collectively en- titled W one (1) vote per Unit, wine Lher a two-hcdroan Unit or a one- had. wit or a three-t>odwn unit. - 6 - Section 2. Common Expenses. (a) Com en expenses shall be assessed pro rata against each ,o,t in accordance with the percentage wmership as shown in Ekhibit (b) In the event the Declarant exeroises its Special Declarant's Rights to add Additional Real Estate and/or to convert Convertible Real Estate, the Conran Expcsvses assessed against each completed Unit shall be determined by dividing the Carron Fxpenscs by the revised rurnacr of Units in the Cordominium. ARTICLE N USE RESTRICTIONS Section 1. Use, Purrwses and Restrictions. The uses of the Property, and the purposes for which the Bolding and each of the Units therein and Common Elements are intended, shall be in accordance with the following provisioru and dull apply also to Units Constructed upon Additional Real Estate and upon Convertible Real Estate: (1) Use of Units. (a) Each Unit shall be used solely as a residence for one family; however this shall uol; affect Doclarant's Special flights in regard thereto. (b) Unit Owners moy lease their individual Units. Any lease of a Unit shall be in writing and shall have a clause making any sdstan- tial and material breach of the Condominium D(X'a ats a breach of said lease. All leases shall be in writing and shall have a minimum initial tens of at least six (6) moods. The Declarant x1,11 be entitled to lease puts raced by it, and in the event of its exercise of the Special Declarant Riyts to add Additional Real Estate and/or to convert Convertible Real EstaLe, Declarcurt may learn such Units. Rental of Ucclarant ooced UniLs steal-. not reyui ro i-encutlive Hoard approval. (c) No advertising sirgus nary be displayed no the Property. A "For Sale" sign may be displayed provided it be ne larger than two (2) feet in width by four (4) feet in length. The sign and its leoatian most be approved in writing by the Executive Board prior to display. (d) No industry, business, trade, occupation or profession of any kind, be it commercial, religious, educational or otherwise, may be coruiuctcd, maintainer] or pen,utted on any portion of the Property. No use or practice shall be penrd Lted in a Unit or in the Carom Elements rnich would be a nuisance to Unit D.ners and Residents, or which inter- feres with the peaceful possession and proper use of the Property by its Unit C.cers and Residents. All laws, caning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. - 7 (2) Storage Use{ Insurance Hates. Ydthalt prior written approval of the Fxec.'utive (IOaril, nothing shall be done or kept in any Unit or in the Carron Elements wh(ch night increase the rate of i,isuranae coverage for the Crnnon Elntent.s anijOr for h dividuA Units or their respective contents I> yGnd the MITI rates appllCable for resfdent(al dwellings. ho Unit Ormer or Resident shall do or p rwut to be done or kept in his brut or in the Camnn F.J m Its or laniocr Carron Elmr?nts anything W+ich will result iI the cancellation of insuraloe on the comon Elements, inxinvfdual Units or chair respective eon[ents, or which will ho in violation of any law, ordinaroe or regulation. No refuse stm11 be permitted in the Rimnrt Elements. 911ere sAtall be no cbstnIetion of the Carron Elenwnts nor shall a lung be stared in the Crx n Elements without the prior consent of the Executive Ooard, (3) Offensive Aotivities. No ncrious or offensive activities shall tz carried on in any Unit or in the Ccmrcnn Elements nor shall anything be done mereln either will£effly or negligently Wtich may tie or becane an urv'aa ruible anrwyancs or nuisar,e to the other Unit Owners or Residents. (4) Strnstural Interclrity. Nothing shall be done to any that, or to, or in the Comron Elements Wnich would impair the structural integrity of the Duilding or which would structurally alter the Undiding. (5) Use of Carron Elelrien i. The Canton Elements shall be used in the miner c,,ntesplat d by the Condaninium Uoclmenrs. (6) Powers of Executive Eoa,d th Enforce. The Fxecutive herd shall Y?ave the power tq make such Rules and Rogulatiores as may be neccessary to carry art the intent of the CorvJorra'. nn bcc m ts, and shell have the right to bring lawsuits to enforce the Rules and Regulations prareDgated by U,a E..eccutive Hoard. The E ocutive Board shall have the right to levy fines for violatfoas of the Declaration, Bylaws and trues and Fi ilatior?, provided ti,at the fine t, a single violation ndy not rxceed 7wurLy-Five W11ws ($2:S GC) for each 0,y the violation continues wter notice has been given. Any fine so ir?oscd Ja11 have the effect of .1 assese?n[ and collection nay be pursued by Ule Executive bard in the ware mvvur as the collection of C."on Expenses is pursued. M FICtE V EPSurI MS In addition to and in supplorentation of the ease is provided for by Sections 3216, 3217 and 3218 of the Act, the followlny easements are hereby created: Section I. Utility P.asernents .- Riqht of Etrtry, She Units and the Ccv n Elements scull L> , and are hereby, made subject to easements in favor of the Declarant, the Unit Owiers " Uie Asscx:iation, appropriate utility arJ service canp.nes and governnar?tal iq nefes or authorities for the installation and service of such utility and service lines artd equip- irent as n y be necessary or desiratle W serve any portiar of the Property. 'rhe easements created in this Section shall include, witFut 1Lnitatico, rights of Declarant, the Unit Owners and Ule Asoeiation, or any utility owpc y providing utility or service, or goverturzncal agency or authority - 8 - on install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits, water mains and pipes, sewer and drain lines, telephone wires ard egnipnant, television equiP,ent and facilities, electrical wires, v niku s avid equipent and ducts and vents over, under, through, along and on the Units and Cornnn Elament5. Unless approved in writing by the affected Unit Co-ners, tt,e locations of caoem nts thrcuju U,uts shall not be substantially altered so as s to materially interfere with the use or occupancy of a Unit, but rather such ease rents shall rarain as close as reasonably possible Wlheir locations at the tirm of the first conveyance of the Unit by the Declarant. Section 2. Encroachments and Support. Each Unit and the Cannon Elav is shall be subject to an easement for encroadh is created by constriction, settling and overhangs as designed or corstr acted. An ease,ent for said encroacturents and for the maintenance of same, so long as they stand, stall and does exist. In the event that the building is partially or totally destroyed and than rebuilt, the Unit Oncers of the Units so affected covenant that minor eroroacixduts of parts of the adjacent Units or Comron Elements due to ramval, replacainent, or construction shall be permitted and that an easmrnt for said encroach- m nts and the maintenance thereof shall exist. Every portion of a Unit contributing to the support of an abutting Unit shall be burdened with an easemnt to support for the benefit of such abutting Unit. An easarent shall and does exist in favor of each Unit Owner to make reasonable use, not inconsistent sith the terms of this Declaration, of the exterior wall of any adjoining Unit where the outer unfinished surface of taro wall shall serve and separate any portion of such adjoining Urut, nobatth- standing tta inclusion of such wall within the vertical boundaries of such adjoining Unit, Section 3. Pedestrian Easetrents. 4here is hereby created an easECent for a pedestrian right-of-way over and across the Comron Elannts, for the p.nrpose of pedestrian passage by all persons lawfully upon the Coeiren Elements. An easorccrt is hereby reserved to Declarant to enter the Carron Elelents to constrict and maintain such facilities and perform such operations os maybe reasonably required, convenient or incidental to the Construction of the Building, provided nothing herein shall be deared to irnerease the obligations of the Declarant' hereunder. Srtion 4. 611'fr<lancies Repair. Thera is hereby created a blanket easanenL W the /tssooiaelon, its officers, agents and r ployees, to any manager eriployed by or on behalf of the Association and to all policemen, firemn, arlbolarce, goveov lntal and utility corptary personnel and all Other' similar persons W enter Upon the Property or any part thereof in the proper performance of their respective duties and for repair and maintenance of Carron Ele i nts and Limuted Ccmrnn Elamn ts. Except in th event of emergencies, the rights aecrnpanying the ease nts provided for in this Article shall be exeroisetl only during re asonvable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of the Unit Comer or Unit Owners directly affected thereby. 5ection 5. Pipes, [Ants, Cables, Wires, Conduits, public Utility Lines tad Of}ner Crnnon El--nts located lnslde UJ ts. Each Urut (timer shall have mr easarent in eninnn with the other Unit Owners to rte all pipes, wires, ducts, cables, ca,ee,ts, public utility lines and other Ca `cO Eleents located in any of fine other Units and serving [as Unit. 9 - Each Unit shall be subject to an easment in favor of all the other Unit p,rers to use the pipes, ducts, cables, wires, conduits, public utility lines and other Coahon Elements serving such other Unit and located in a Unit_ U. Association shall have the right of access after written rodeo to the Unit Gamer to earn Unit " to inspect the same, to stove any violations as set forth in this R;c]aration as from tip to time in effect, and to maintain, repair or replace the Cammr, Elements cartainecl therein or elsewhere in the Building. Section 6. Use of Comm Meas. Each Unit Omer shall, by virtue of his holding title to a Urat, become a member of the Hareawner's Association, which membership shall nmwith title to the Unit and may rot be, separated therefrom. Each Unit awrer, by virtue of ids membership in the Harmwner's Association, s1a11 be bound by the said Ceclaration of Covenants, Conditions and ResLrictions of the Fkmeo.ner's Assxiatioa and by the Articles of Incorporation and By-Laws of the Ilanev asr's Association, as they may be amended from time to tine. Such Hameoimer's Association sse ber5hip shall entitle each Unit Owner to rse the Humaw?er` s Association Carrion Areas in accordance with Ftmoowaer's Association rules and restrictiorvs. Section 7, Exlences. The Declarant, for each Unit owned, hereby covenants, and each subsequent Unit twiner, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed W covenant and agree to pay to the Ha'nenwner's Association or its designee, such assessments and/or charges as may be levied by the Homeowner's Association. 5uch as...omcnt and/or ct rges shall nw with the land and slisll be a continuing lien upon the Unit or Units against which such assessments and/or charges were made. Such assessments and/or charges may be assessed or enforced Ui accordance with the terms and conittions of the Rrlsration of Covenants, Conditions and Restrictions. AFirtICLE Vi SPECIAL DECLA[A RICp'S j Section 1. Deolarant's right to Add Additional Real Estate (a) for a perinxi of seven (7) years, beginning on the date of the recordation of this Declaration, Declarant reserves the option to add Parcel do. 2, more particularly described on attached hereto, to this Cordcminium. flis option entitles the Declarant to exercise this option in regard to the parcel, and at wltitever time it deems appropriate. The Property descriptions of Une affected Parcel is contained in Exhibit W this Declaration and is shown on the Plats. the Declarant makes no assurances as to the extent to vkdch less than a complete Parcel may be added. (b) In the event a building has been constructed Upon any of the designated Additional Beal Estate prior to its addition to this Condciminiwm, the nnnnber of Units so constructed stall not exceed the rnmber permitted had the Declerantt chosen to first add Additional Real Estate and then to convert Convertible Real Estate; providod Declarant reserves the right to determine the riluber and allocation of - 10 - one-bedroan Units, if any, and/or taro-bedn Units, if any, and/or three-b,te Units, if any, to be situate in such Wilding. (c) In the event a building has been censtructed upon any of The designated Additional Real Estate prior to its addition to this Coixlrnuniun, this Lvulding shall be generally Compatible with fine other moldings and Units in the Condominium in terms of architoctnral style, gwllity of cw>_struction, principal materials employed in construction and size. No assurances are made that any Limited ccYmwn Elaii i ; corstncted on Additional heal Estate prior to its addition to the Cardrndruun w111 be approximmately cgnil to the proportion existing within other parts of the Cordarnimum. No assurances are made as to the location(s) of any building or improve,ants constructed on any real estgte subject to Special Declarant Rights-. Further, no assurances are made as to the ruamber and allocation of one-bc Loan Units, if any, or two-lkiieoan Units, if any, andlor fhiee- bz<A a Units, if any, to he located in said Ei"hiirug. (d) Declarant is authorized to execute and messed the Condemuniun Dsou Pnt5 necessary to effectuate the exercise of its Special Declarant Right to add Additioral Real Estate to this Flexible Cciitminiom. (e) In the event Declarant fails to exercise its option to add Additional Real Estate during the option period, any positive assurances given ae required by Section 3206 of the Act will he n:,dered midi and void and of ho effect. Section 2 Declarant's Riyit to Convert Convertible Real Estate. (a) For a period of seven (71 years, beginning on the date of the recordation of this Declaration, Declarant creates the right and reserves the option to convert Parcel No. 2 more particularly described in attached hereto and thereupCn t0 construct . more Gran too (2) additional buildings containing not more inam forty-eight (48) additional Urh ts. 'Phis option entitles the Declarant. to exercise this option In regard to such Pancel at whatever time it deenes appropriate. aloe Declarant rakes he eusurarces as W the extent to viuch less than a complete Parcel may be converted. (b) She ll ion no ber of Units to be Constructed on the Parcel In the event of D?aa arar rd.'s exe,c'uo of its opts on to add Pdditeonnl Rc-al Estate -ndt"r W convert Convertible Real Estate is forty-eicgmt (46) provided Declarant reserves the ri ghC to deCerndne the nenher and allocation of one-hecirvcni Uru ts, if any, and/or two-L>`drec,ll units, if any, and/or three-bedroan units, if arty, to be situate in said tTUilding, (o) 'hne Buildings, Limited Coirmn Elements and Units which may be Constructed on such parcel in the evelmt of Declarant's exaroise of its option to convert Convertible Reel Estate wi11 be gus:rally compatible with Buuildings and Units of EArildn,s and in the Cordominiwn in terms of acchitechmral style, duality of construction, principal materials oVLOy-d in 1orol-,1Ction anal size. No assurances are made that any Limited Caamn ElelenLS cons(nretcd on Convertible Real Estate will he appnodmately equal W the Proportion existing within other parts of the Corxkimndvn. No assnralxes are 18131 as tr. Gne location(s) of Wry building or impeovemn is rn any of the real estate subject to $xxial Declarant Ricgmts. Fur Goner, on assurances are made ae to the nevNxrr a? all.ation of o?ec-bedmnxxn, if any, -id/or two-[x'<lrmn Units, if zany, ani/or thrc?bedr xnn units, if anY. to be located in said ad)cings. - 11 - one-bedroom Units, if any, and/or two-R d,omn Units, if any, and/or Ltuee-oedro m Units, if any, to he situate in such Failding. (c) In the event a building has been constructed upon any Of the designated Additional Real Estate prior to its addition to Uus Conncfamininm, this building shall be generally compatible nith the other buildings aid Units in the Conlon nivm in terms of architectural style, quality of construction, principal materials eiployed in construction and size. No asswances are more that arty Linuted Canon Elements constructed w {viditionsd Beal Estate prior to its addition to the Condom niun will be approximately equal to the proportion existing within other parts of the Condanirduk. No assurances are made as 'W the location(s) of any building or Lnprovements constructed on any real estate subject to Special Declarant Rights. Further, .assurances are node as W the raunber and allocation of one-bedroom Units, if any, or two-bednexmu traits, it azry, and/or three- bedroom Units, if any, to be located in said E3ulding. (d) Declarant is adthorized to execute end record the Condominium Documents necessary to effectuate the exercise of its Special Declarant Right to add Additional Real Estate W this Flexible Condaniruurn. (e) In the event Declarant fails to exercise its option to add Additioral Real Estate during tine option period, any positive assurances given as required by Section 3206 of the Act will be rendered uuilt, and void and of no effect. Section 2. Declaraut's Mint to Convert Convertible Real Estate. (a) For a period of seven (7) years, beginning on the date of the recordation of this Declaration, Declarant creates the right and reserves the option to convert Parcel No. 2 rroro particularly described in attached hereto and thereupon to construct no more than tw (2) additional buildings containing not more than forty-eight (48) additional Units. This option entitles the Declarant to exercise this option in regard W such Parcel at wt>,3tever time it deems appropriate. 'the Declarant makes no assurances as W the extent W wtuch less than a ccuplete Parcel may be converted. (b) The nazimrm number of units to be con,;tnvcted on the Parcel in the evert of Declarent's exervi so of Its option to add Additional Real Estate and/or to convert Convertible Real EsLuie is forty-eight (48) provided CeclarsnL reserves the right to determine the nether and allocation of one-bedroom Units, if any, and/or tt bcdroan Units, if any, and/or three-bedroom Units, if any. to be situate in said Buildings. (c) 'Ihe Donlilings, Limited Carrion Elements and Units wlzirh may be constructed on such Parcel in the event of Declarant's exercise of its option to convert Convertible Real Estate will be generally cbrpatible -I Ur Uuilldings and Units of Buildings and in the Cordrnrinium in terns of architectwal style, quAity of constnstion, principal rtt?Lariats cry4oyed in c,r truetion and size. No asswarices are made that any Limited Camnn Ele is constructed on Convertible Real Estate will be approximately equal W the proportion existing within other parts of tine Condcmiruun. No assurances are ioi, as W the location(s) of any building or improvements on any of the real estate subject W Special Ueclarent Rights. Fru ther, no assurances arc made I W tine nlu,?er an allocation of one-beclmm?, if any, and/or twrrberlroan Units, if any, and/or Unn?becJrtxnn Units, if any, to be located in said Buildings. - 11 - (c) The exercise of a Special Declarant Hight relative to a parti,,a,r parcel shall rot cause the tereurution of that right relative be any or all of the renaming dance". (d) Any of the Special Declarant Rights reserved in this v,,da,ration or created by the Pct shall be subject only to those ln ita- tiors contained in tins Doclarat", and in the Act. P.Rrlctil VII PMERS OF ASSOCIATION, RESERVES, ASSESSVFffM Section 1. Reserve Accounts. The AssociatiWt shall have the poser to create working capital, reservefor replacement, and contingency accounts, and to,assess the Unit awlers for corkribetions to the said accounts. Section 2. Exterior Maintenance. In addition to maintenance open the Ca Elw is, the Association shall as a Coimnn 27cperise provide exterior maintenance upon the building as follows; paint, repair, replace and care for roofs, gutters, downspprts, exterior building surfaces and other exterior vrproverrents. Such exterior rainternoca shall not include glass surfaces or dmrs, Unit doors and window fixtures, balconies and patios. In the event that the need for ;tainte<suve or repair is caused through the willful or negligent act of the Unit Omer, Resident or their family, guests, or invitees„ the cost of such taintenance or repairs shall he added to and Ceccme a part of the essessi?nt to which such Unit is subject. Section 3. Assessment of Charq,s. All scars assessed by resolutions duly adopted by the EXewti va Hluard against any Unit for its share of Coition Ezpe'ses or any fine ingnsed against a Unit Caner shall constitate a lien against that Unit in accordance vd[h section 3315 of the Act and also shall be the personal liability of the Unit Omar so assessed. Unit 0,ners shall be obligated to pay interest at the rate of ten percent (1CP/,j per ann;ni from the due date on all late payments of asses.snpnts. Such unpaid assessr,en4s shall c.,stitnte a lien against such Unit which 5ha11 be en EO,cmbie as provided in U, Act or as otharwise permitted by law. Provided, to Ure extent pennutted by tt Mt, the lien for any su..h asses iit is hereby expressly sur rdnowted in ti,?, lien and priority to the First lien mortgage of a tmrtgagee. Section 4. Method of rerforcing Charges. my charge assessed agelrvst a Unit may Lie enforced by suit by the Association acting co behalf of fhe Unit Cwners in an action in assinplsit or by enforr,Fnient as a lien in accordance with the Act, or both. My judgment against a Unit and its Owner shall he enforceable in the sauce n?a'mer as is othewise provided by ]aw. The Association may bring an action at law against the Unit Corer personally obligated to pay the sane, or foreclose the lien against the Unit as provided in the act. The Asseciatim, acting on behalf of the Unit (Anvers, shall have the power to bid for an interest foreclosed at foreclosure sale and to acquire ors hold, lease, nartgags and convey the same. Uo Unit Colin may waive o,, otherwise escape liability for the asses,l,ents provided for herein by non-ose of the C..0n El,m ntc or abarrtanrzsrt of his Unit. - 13 - Section S. Unpaid Assesitrents at TLie of Voluntary 5ale of unit. Upon the vohntary sale or corrveyance of a Unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assess- n,dts for Cannon L>cpenses which are a lien or charge against the Unit as of the date of the sale or conveyance, bat such joint and several liability shall be .,thodt prej,ali.ew to the grantee's right to recover fr the grantor the 9OYIlnt of any such unpaid aaaaaoaaa s which the grantee ,nay pay, ad ,ntil iey ash assessrents are paid, they shall continue to he a Uklige against the l1pit which may Lie enforced in the nenner set forth herein. Any person who shall have entered into a written agreslent to purchase a Unit shall he entitled to a resale certificate as required by "'e Pct. Section 6. Uncollectible AssessrEntS. AOy delinquent arrcxint which the Association determines ca t ba collected from a former rove Owner may be reasses.ed by the Association as a Camnn Expense to be collected foal, all of the emit Owners, including a subsequent purchaser of the Lkut. ARTICLE VIII UNITS SI ECT 10 DECLARATION, BYLAWS Section I. All present and future Unit Owners, Residents of Units, Lessees, Mortgagees and Uleir agents and arplayees, and any other person who any occupy a -rut or utilize the facilities of the condarinitm shall be subject to and shall crnply with the provisions of tots Declaration and the Eblaws, as they may be amurded. The acceptance of a peed or the exexution of a lease or contract conveying an interest in, or the mcr,tancy Of, arty Unit shall constitute an agree . ,t to be so toad. ARTICIE IX SEVER ILITY Section 1. In the event that any provision of the Condolam= ibamients is dehenmined to be invalid or uuwunEorceable, it stall be cocsidarotl severed and 4na11 not ba deuikd to jntvlir or affect i,, any m eiuv the validity, cnForceabillty or effect of the remainder of the Cordomini,un hac,mnents and, in such event, all of the od,er provisions of the Cicdviuniam Doct, ,odts shall ecntirwe in full force and effect as if such invalid provision had never been included herein. In the event of any conflict bodice, the Condonniun Doctinnents and the Pct, the Pct shall control, excepting in those instances where the Act by its terns, authorizes the variation of its provisions, and in such case the Cordes ruun Doartnnts swell control. ARTICLE X WAIVlR Section 1. No provision contained in the Cardeminin.rn Ux,d,,ots shall be deamrd to have been waived by reason of a failure L. eofome sane, irrespective of Lill rxmber of violation, or breaches which ,ray deCni" - 14 - ARTICLE XI NEWER: SfNGUUW AND PLURAL section 1. The use of the ,a ,aline good., in the Cordarciniran mclnients shall bs d,,,,ed W refer also to the frsainine, gender and the use of the singular shall be deemed W refe, also 1'n the plural and vice versa, rmless the context requires otherwise. ARTICLE XII 9'f MKATION Section 1. The ccrxlominlrmr may be ternunated in accordarc'e With Sworn 3220 of the Act, provided no such ternurtation shall be effective rn Yless the sane is executed by all of the Unit Owners and by the holders of allmcrtgages, judcyrents, or other liens affecting the Units. ARTICLE XIII U SUFINCE Section 1, The Association shall insure the Crn Elements against loss or daaage by fire and such other hazards as required by Section 3312 of the Act arrd as the E rchtive Board any dean appropriate, withs rt prejudice to the right of each Unit O.ner to maintain fnsuranoe of his oyn Unit. The prs,uuns for such insu ace on the Carron Elements shall be deenad a Cqm Expux., ARTICLE Xrv MECHMIC5' LIENS Section 1, Any mechanics` liens arising as a result of repairs to or i provrntents of a unit by or on behalf of a Unit Omer shall be hers only against such Unit. Any ri'l anics' liens a,isinq as a result t repair:; to or u'?ysro -n[s of tLe Covean Llcsncnts, if authl,i >d in writing po11nht [O a duly adopted resolution of the Execzrtive boars, shall be paid by the Association card asessed as a Comon Expervse, ARTICLE xv AA NnoNNT OF DECIMATION Section 1, E>mept as otho,,i, permritted by Section 321.9 of the Act, this R I,ration may be amendz,l only by vote of Unit O,mers of Units to winch at least, sixty-seven percent (67M of the votes in the Association are allocated, in person or by proxy at a meeting duly held in accorciarce with the Eylaws, provided that any MtocCrant affecting special Declarant Rights mist be approved by the Declarant. Airy such Ail lr k,,ent test be approved in writing by any mortgagee holding mortgages which coc ri, the First lioo? on t,,, (5) or more Units. Subject to Section 3221 of the Act, - 15 - no a drt.t may be made, following recordation hereof, which weld have the effect of cawing a change in the Units or a cttaage in the Percentage Interest in the Ca,"n Elevertts allocated to, the Units except by the recording of an aikdnent duly executed by all Unit Owners affected thereby and their v rtgagees; except, that nothing herein shall limit or otherwise affect, the right of Declarant to add Additional Real Estate and/or convert Convertible Real Estate end thereby affect Percentage Interesin the Carrion Elenents allocated to the Units. No such amenrIDent shall be effective until recorded in the Office of the Recorder of Cumberland County. The Secretary shall prepare, execute, certify and record ai ndnents to teh Declamation on behalf of the Association. IN WI?SS V&EREOFn, th'eun1dersigned has hereunto set its hard and seal this 31,4 day of d 1983. ATTES'T': CEDAR RIDGE ASSOCIA'I1S, INC., a Pennsylvania corporation ?r Secretary 7'i- - 16 - CONMNWEAL'fli OF PENNSYLVANIA ) SS. COEMy of EEWIRTM CENTRE Cln Ch's the day of August . 1983, before me, the wsdersgned, personally appeare-d 1oh. F. Sroka who acVaiowleciged himself to be the President I of CEDAR RTDGL A5FOCIA'IFS, INC., a Pennsylvania corporation, and th,C he as such being authorized to do s'o, executed the foregoing irtstremlent for the purposes therein contained by signing the name of CEDAR R113F ASSOCIATES, TNC., for and on behalf of surh corporation and for ad am behalf of GENEVA PLACE by himself as IN WITMSS VEIPREOF, I herermto set my hard azd official seal. Notary Public :II,LV l I ., U_ I b ,c Snlc C C M1 (c ? ? I .: I r ., :82 1 - 17 SC!1EDULE A ALL that certain tract or parcel of land situate in the Poaolhip of Upper Allen, lo"re" of cutrferland, CcrrrtonweaYth of Pennsylvania, I, reed and described is follrns: B6GINNINu at a concrete monument in the southern line of Geneva Drive, said Concrete INenument being the west terminus of an arc cuviecLing the said southern Inc of Gonele Drive and the c'tern line of Nanroc Drive'11tENCE along sold a,, curving to the right having a radius ofN feel, an arc length of 31.42 fee(,, the chord of e1M ch is SouUr H2 dell ,.. ., 2S minutes, 30 seconds East, n distance of 28.211 feet 1, a Fn`1nf in the west,, line of sold Nanroc Drive; I:hence s]rnrg sarzl lone South 37 degrees, 23 minutes, 30 seconds East,, a drs- _+, vt t`1'.,.I, free T, a e,,t th uce smtirn,ing air g the s"ie G9 a un ve to U c ieLt having a radius of 115.00 feet, so arc length of 101.23 feet, the chord of which 35 south 54 degrees, 5u minutes, 60 seconds East, a distance of 105.56 feet to a point; U"ree along 'Cher funds of Geneva Place South 52 degrees, 36 minutes, 30 seconds West, a distalse of 189.54 feet to a point; Urence along the same South 31 degrees, 23 mi notes, 30 seconds East, a distance of 210.0 feet W a point; thence continuing along the lands now or fo,n,,r1y or [;aorge D. M. ',Ell=lr 'nul, 52 degrees, 361,unlts, fi -'nuts Nlest 9isl acre ?' 799. E'1 fT, t to a point; thence along lands now or fotmer9 y of 4atyr„, D. Tfi, s North 20 degrees, '19 minutes, 00 seconds !4est, a arsler l F-46 feet to a Ccncrete Rorn b thence alon, lands talker, .a Pl.,,,, Phase II North 52 degrees, 36 t ,tea, 311 .second t ,L, a di-Lance of 450.05 feet to a point; U r e continuing along the sane Ploftfl 3"] d1 grew, 23 minutes, 30 seconds West, a ifs- Lance of 245.00 feet to a point', thence Continuing along the sO,re north 41 degrees, 20 minutes, 35 seconds West, a distance of 35.31 feel to a point in the southern line of said Geneva Drive; thence ,long said line by a curve to The left having a radius or 82)'010 f=et, ¢ Length of 112.00 feet, the chord of Ih,,t, is North 59 de,jreTf, minute,, we'n't. East, a distance or 111 91 t Of to ;a Concrete Nr,rnun efJt; thence along Lhe same by a curve In the light 'raving a nadirs of 795.00 feet, an arc length of 224.52 feet, the r'norrl of en ch is North 44 degrees, 18 minutes, 32 seconds East, c of - tar(' tl ?"5. I3 feet to a point, thence continuing along The sine firth S2 degrees, }b minutes, 30 seconds East, a distance of 33.64 feet. to a Concrete Mornunent, the place of Beginning. BEING a portion of a tract of land formerly Imam as those IT, Nan,, Gardens, recorded in Plart Hook 31 at page 128 of file (,,,,)stand County Land Records. BEING a portion of a tract of land which R. A. Ortenzio by Deed dated April 15, 1980 and recorded April 19, 1980 in Used Book "X", Vol. 28, Page 839 granted and conveyed unto Cedar oidge Associates, Inc. SUBJECT to a mortgage from Cedar Ridge Associates, Inc. to First Federal Savings and Loan Association of Pittsburgh which mortgage is recorded in Mortgage Book 698, page 193 of the Cumberland County Land Records.which mortgage is modified ty a Modification of Mortgage recordod in Miscellaneous Book 283, Page 895• 1-:% >'8U If 191H SUBJECT to Financing Statement 140. 2013 from Cedar Ridge Associates, Inc. to Ryan Financial Services, Inc., recorded on November 29, 1982. SUBJECT to an Assignment of Leases from Cedar Ridge Associates, Inc. to Ryan Financial Services, Inc, which assignment is recorded in ;Miscellaneous Book 281, Page 941 of the Cumberland County Land Records. SUBJECT to a Declaration of Covenants which is recorded in Miscellaneous Book 253, Page 16 of the Cumberland County Land Records. SUBJECT to a right-of-way to Liberty Square Condominium recorded in Miscellaneous Book 262, Page 52 of the Cumberland County Land Records. SUBJECT to a right-of-way to Wilson Land Company recorded in 1,1iscellaneous Book 262, Page 63 of the Cumberland County Land Records. SUBJECT to a right-of-way to R. A. Ortenzio recorded in Miscellaneous Book 283, Page 888 of the Cumberland County Land Records. SUBJECT to a right-of-way recorded in Miscellaneous Book 217, Page 926 of the Cumberland County Land Records. SUBJECT to an Agreement recorded in Miscellaneous Book 222, Page 542 of the Cumberland County Land Records. SUBJECT to a right-of-way and sewer easement recorded in Miscellaneous Book 225, Page 809 of the Cumberland County Land Records. SUBJECT to an Basement and Agreement recorded in Miscellaneous Book 225, Page 814 of the Cumberland County Land Records. UNDER AND SUBJECT to utility rights-of-way, easements, restrictions, reservations and conditions of record or otherwise visible on the premises. SCHEDULE B ALL that certain tract or parcel. of land situated in the township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as followsi BEGINNING at a point on the southern line of Geneva Drive said point being at the northwest corner of Phase I of Geneva Place Condominium; thence along the southern line of said Geneva Drive by a curve to theright having a radius of 825.00 feet, the chord of which is South 56 degrees, 20 minutes, 30 seconds West, an are length of 361.52 feet to a concrete monument on the southern line of !,eueva Drive; thence South 20 degrees, 59 minutes East along land now or formerly of Wayne D. Myers, a distance of 317.50 feet to a concrete monument; thence North 52 degrees, 36 minutes, 30 seconds East along other lands of Cedar Ridge Associates, Inc., a distance of 450.06 feet to a point at the southwestern corner of Phase 1 hereandbefore described; thence North 37 degrees, 23 minutes, 3o seconds West along Phase I of Geneva Place Condominium, a distance of 245.00 feet to a point; thence North 41 degrees, 20 minutes, 35 seconds West along other land of Phase I of Geneva Place Condominium, a distance of 36.31 feet to a paint on the southern line of Geneva Drive being the point and place of BEGINNING. BEING a portion of a tract of land formerly known as Phase II Nanroc Gardens, recorded in Plan Book 37 at page 128 of the Cumber- land 9ounty Land Records. HEING a portion of a tract of land which R. A. Ortenzio by Deed dated April 15, 1980 and recorded April 17, 1980 in Deed Book "%", Vol. 28, Page 637 granted and conveyed unto Cedar Ridge Associates, Inc. SUBJECT to a mortgage from Cedar Ridge Associates, Inc. to First Federal Savings and Loan Association of Pittsburgh which mortgage is recorded in Mortgage Book 678, Page 173 of the Cumber- land County Land Records which mortgage is modified by a Modifica- tion of Mortgage recorded in Miscellaneous Book 283, Page B95• SUBJL'T to Financing Statement No. 2013 from Cedar Ridge Associates, Inc. to Nyan Financial Services, Inc., recorded on November 29, 1982. SUBJECT to an Assignment of Leases from Cedar Ridge Associates, Inc, to Ryan Financial Services, Inc. which assignment is recorded in Miscellaneous Book 281, Page 941 of the Cumberland County Land Records. SUBJECT to a Declaration of Covenants which is recorded in Miscellaneous Hook 253, Page 1.6 of the Cumberland County Land ecords. SUBJECT to a right-of-way to Liberty Square Condominium recorded in Miscellaneous Book 262, Page 52 of the Cumberland County Land Records. SUBJECT to a right-of-way to Wilson Land Company recorded in Miscellaneous Book 262, Page 63 of the Cumberland County Land Records. SUBJECT to a right-of-way to R. A. Ortenzio recorded in Miscellaneous Book 283, Page 888 of the Cumberland County Land Records. SUBJECT to a right-of-way recorded in Miscellaneous Book 213, Page 926 of the Cumberland County Land Records. SUBJECT to an Agreement recorded in Miscellaneous Book 222, Page 542 of the Cumberland County Land Records. SUBJECT to a right-of-way and sewer easement recorded in Miscellaneous Book 225. Page 809 of the Cumberland County Land Records. SUBJECT to an Easement and Agreement recorded in Miscellaneous Book 225, Page 814 of the Cumberland County Land Records. UNDER AND SUBJECT to utility rights-of-way, casements, restrictions, reservations and conditions of record or otherwise visible on the premises. ?.1" ;',") i!}19 SCIEDULE C Tne percentage ownership of each 1mlt in Geneva Place Co1da11l1l1n shall be as 101301-1: All units in Buildings I and II except Unit I - 20 .02085'/ Unit I - 20 .02099'/ If IIt No. 2 including Buildings III and IV is added to the coru3artinium, the perOe- ge emmership of each writ shall be as follows: All units in Buildings I, IT, III, and IV except UoL L I - 20 .010419% Unit I - 20 .010585% 1, ,', r)t ) ?)' jI ? x?J?rf ? BYLAWS OF GENEVA PLACE Section I - Applicable Statute These bylaws are adopted pur511ant to the Pennsylvania Uniform Cc... nirmr Act, ("Act") and apply to the Geneva Place Gondominimo located in Upper P.l lcrr Township, Cniberlord County, PAFISylvania, as mere fully described in the Declaration of Condaninhmn recorded in till OLille of the Recorder of Cumberlond County, Pernsylva,lid. (1) Definitions. Unless the context clearly indicates otherwise, Che rords and phrases contained herein shall have lire sane meanings a in the Declar,Oior of Coodaninirm for the Geneva Place Condaninium. Other ternD as used herein shall be (unless otherwise expressly provided or nhless the context hereof requires) otherelsc defined in accordaru_e with tla Act. (2) Administration of the Proforty. The adon nistration of the Condo- niwn ar ] the operation, regulation and manager Tt of the PsACICiatlnn shalt mi '.r¢ governed by the Declaration, the Act, these Bylaws, and any Rules and Regulat ohs ri),l) may ba adopted by the Executive Board, as they nuy be mended. (3) Persons Bourrd. All present and future Unit Dwners, Residents of Units, rrIrtgagees and their agents and employees, and any other Person who or which may occupy a Unit or utilize the facilties of the Condominium are subject to and bound by the provisions of the Declaration, the Act, these Bylaws and any Rules and Regulations adopted pursuant Urereto. (4) Office. The Association shall rmrintain an office at the Property. Section II - Unit Owners Association (1) Unit owners Association. A11 Persons oondng Units in the Condominiuum shall be 1, be ccf the Association. (2) Name. The name in which contracts shall be cnifercri intp, tltle to property shall be acyui red, held, and d]stwsed of, 6anl., accwrnts shall be opened, and suits shall be brought and defended by the Executive Board on behalf of the Association is-. "Geneva Place Coodaninirnn Association, an incorporated association of the Unit Owners of Geneva Place crested pursuant to the Pennsylvsnla Uniform Uondoninirnn Act." Section ill - meetings Of Unit owners (1) SInual Meetings. The first annual meeting of the Association shall Le called within one year of the first coweyance of a Unit by the Declarant. h reresfter, a11u11 meetings shall be held in the 5111 month of each year as deterlirld by the Executive Chard. Al. each arvwal meeting the tlniC Comers shall eiml. members of the E<ecutive shard, and may transact such otire,, business as may properly cane before the meeting. it jjt GIBLE 01t1GJ4.%L (2) Species, i!CCings. (a) 'I'', I`rv's'dont str11 ..I J special I1-1 nt A the Asso(ieUon sn direct,,) I , ?ution of 11 ,r l Ive Bo,n _ petition rlns,l Id pfesent?l I, -iretary by ,,, I,xs d 1 L ? Imvn LV-f",, p,, .-IL (25%) of I11 ,,Its. 'Ihe not I. ,,, sp"oi"l r.. hall eL-II the -, place 'uvl nos, thereof. N, - .moss shall I Imsooted a1. a meeting It, as 'teed i.. ncl- Lce. (b) cr toen LI a?VS aft ?. Ic to ii,it, , :er t,han De, I , it A t."usty-t: ? •1'IM, (25%) ,? ... 1111 binit 1.'I .ervxl co I, .. I , uenla, 0 mr? II Ine't bsocj,t l Ilthe heI, I oneIf it r ?. ?Al"e, ?-1 ?dlye Ill, I,I .rotor by 1-1- LaanL shall 1. L'i the r,.., including 1arant -1 .= I'. upon e7eel i?11t1 1 ILeculi wto LA e )until U ? hold t ai_j,;1 -? .. LV(f)(al c"t (c, t Inch is n 1111 cF ( .. nxund b.pe1l .120) days tar conveyor. Unit Ovners c Ilan Oeclaraia ,,nty-five 1, ,it, (7596) Lhe Units ba .?. , , reserved t ll,lc by Ik., I n (ii) c , './) years lt,n the elate of the first conveYanrc In a Unit Ormer, ?. p- fal m,,on;I of the 1 sociation Shal I I. held at whi,l ',L . I go Tema),.... In , "m hoe'LI I i ,.. -. ,ointcd by th col grant shall n and all U.sll. Iv, tnch,hrti if :xlarant if if Lu,iarant o,m a ? ., ,ere Um t., sIi I,mreup,,, ,1, L e: a1r_cessors to tI resigned 6 ecuti.. IfrJard Members. (3) Notice of Meetings. the s retary shall gi„, Lice of each =uwuat 1 each spec l,ll Ung of the 11 1 inn to all ., rs , not, it ,I, n _1 (1U) d,YL I.., ,I than sb,-b l,rys p n, ... Lang 11a1L. notice shall specify the time and place of the meeting, and in the case of I Itt special meeting, shall inch Ic he purpose the,, t ALL notions s,'di h d deliver.., cr sent by UN1 _ .d cs Postal ? ns Wge 1 Ll ':I ,hall Let, . 1,. t gym,: and plc ,,.I ,, mecti s, I.E,,, it, , n:la. (a) Place of I+leetin9. Meetunl- of the Assoc ,,tre, ? ?tsJI be held it the I ela111b,"t Dr i ,ic , F,itabl, 1.I..' , .Upper Al bi, 'I'., lI p, Cuts, 'r l.i t [;",A" P1111,]V,I Ii ?1 u., may 11, Ll%,` lief the EXP":,ltl\,. L: .,111. (5) vote' st all ., .11c11 If the A<•.,., n1 shatl be 11, Lne sis of ure v,,, f", such Unlt, a .I. forth in the- I r7'tim. (6) till Ly,1. I ,arsnip. vl,??. - o?mcrsP,lp,., ..I, I s divll,..,., iq .., l" Terre } ,. the person cm 11 L,. d to cast the It s"It, Ua t [l I„ Waled In , ,Le ezecu te,I I? . 1. of the o..,. _ scch Unit , I fi Ir'd With the S cretsr, of the hsscciaLln n. in the absence ,j such a cer 1. Locat =sy Unit O.ner pcacnL aC Ule foeetl •: I shall be entILIr I to cast. the volo of such Unit. If ,I,I than one of tho l ."ers is pre,cI1 1ha1 such vote doll be .st only r arc,,: le,nec with tn" l i i I r agrGow, I 1 11,. tk,>r,ers ?I 1., Unn. ., trarlosatted I" Ir;o secretary A 11 . ; looc ration. 11, .:hell be I I Ln V' )mane rug 111, -It if sty one of Lnc Unit Ovmers _ the vote =lI I"I to tl-,e Uent wi (h ul protest being 1¢a h p,vnptly by one 1 Che co-oamers to the 12rsons prc-sidnrvl if the meeting. Ivry such certif ,1;: sf,iil be vatr.I ?nnt11 1<voked by ,,it (,-n notice to the Po L, "1at1on. Subject. LI Tile requi rCVOOnIs the Amt ll, the approval ,. -ipproval of t 1 . r iL c -Lir.1 ne by Cte Ilt th, I!lclaration or tl v,4 ias such app,v L Aisspf ,v, L sl, tl I, mode unly by tlo person or pet ,,: nLiUed to c..,-.1 Ih.a 'It,' "J t, 2.alrtl to 1.11, unit at maetirig, of the Assoc l a t1 on. In the event of any c,Lpute bifs,,n hang 011( . wall or putative U111 L ovmers ul'Idcr thio scULion, , I.,, AY vote of she F.1c,J.,VI Ibard shalt be determinative ono] conelus'we. (7) Declarant Voting. The Declarant shall have the right at any eeting of the Association to cast all the it,, allocated Co all Units owned by the Declarant. (8) Miscellaneous. No votes allocated to a Unit ovmed by the Jssociation may be cast. 'there shall be no cumulaLrve or ciass v,t,w,. (9) Majority. The casting of votes by Unit Owners in person or by proxy at a duly convened :meting of the Association at which a quonit is present is required for the adoption of decisions and roselutiols and for the approval of actions. The acts of a majority of such Unit Owners shall be the acts of the Association and shall be binding upon all the Unit Owners, except where the Act or the Dealara Lion require is percentage greater than a Majority of the Unit Owners. (10) Procedures. The procedures to be followed in the casting of votes and other election mechanics shall be established by the Executive EoaM and shall be made a part of the Rules and Regulations. (11) lAmerum. The presence at a meeting of the Association in person or, by proxy of persons having the right to cast no less than twenty-five percent (25%) of the votes allocated to all Units shall constitute a quorum. If less than a quorum is present at any meeting, a moajority of the Unit owners present in person or by proxy may adjourn the meeting to another time and place. At any adjourned meeting attended by a quorum any business may be traicacted which could have been transacted at the meeting originally called, without further notice. (12) Proxies. A vote may be cast in person or by proxy. Such proxy may be granted by any Unit Owner to another Unit Owner, to a Mortgagee or to the Declarant. Proxies shall be executed in writing, shall be valid only for the particular meeting designated therein and mnst be filed with the Assoc ItIll Secretary prior to the time to the meeting. Such proxy shall be coaled revoked only upon actual receipt: by the Association Secretary of written notice of revocation from the grantor of LPs proxy. In no event shall a proxy be valid for a period in excess of one (1) year. A proxy is void if it. is not dated or if it, purports to he reva,ahle without notice. Section IV - Executive Board (1) Du,ber and Wallflcations. The business, operation and affairs of the rendwanium and of the Association shall be managed on bchelt of the Unit (Toners and the Association by an kexcutive Hoard con¢isting of three (3) natural persons, all of whom shall be Unit Owners except for those appointed by the Declarant during its period of Declarant control. (2) Powers and Duties. Subject only to the provisions of the It and the Declaration, the Executive BooM shall, have all the power, and authority necessary to administer and manage the business, operation and affairs of the Condominium, and of the Association, including but not pimpled to: (a) adopt and amend nil's and regulations governing the use of the Condominium; (b) adopt and amend budyets for revenues, expenditures and reserves and collect regular and special assessments for cnmion expenses from Unit carriers; 3 - (c) hire and terminate managing agents and other, arployees, agents, attorneys, accountants and other independent contractors, (d) ustitute, defend, or intervene in litigation or administrative prcxeedings in its own none or, on behalf of two or nitre Unit owner on utters ,ff,ting the Condominium. (e) make contracts and incur liabilities; (f) regulate the use, maintenance, repair, replacement, and rlodific rtion of Canon Elerrents; (g) cause additional i,rproverments to be made o part of the Comrcrn Elements; (h) acquire, hold, encumber, and convey in its own nave any right, title o interest to real or personal property, including rmits in the Condwnnirun; (i) grant easements, leases, licenses and concessions through or over the Compn F_lerrents; (j) lnpose arrd receive any fees or charges for the use, rental or operation of the cormcn elements as is permitted by the Act; (k) Lrpose charges for late pavrent of ASSBSorpn a arrd, aKer notice and an opportunity to be heats, levy reasonable fines not toe eed 9Wenty-Five Dollars ($25.00) per day for a violation or violations of the Declaration, Bylaw. and Rules and RecpII ati ons; (1) inpose reasonable charges for the preparation aid recordation of arenetTents to the Declaration, resale certificates, or statements of rspaid assessments; (m) provide for the indenvrifieation of Association officers and Executive E3oard Members and maintain directors' and officers' liability insurance; (n) make a final determination of any claim by a Unit (Amer as to the invalidity of any charge or assesvnent allocated against'. the Unit (Toner; (o) establish a reserve for working capital, contingency and replacemnt reserves, and to ,a c up arty deficrC in the Com,on Expenses for any prior year or designate an agent for the purpose of collecting these assessn'.ents and the Camnr hxpervse Charges and for the purpose of making disbursements thereunder; (p) adopt, anend and enforce minimun standards for floor coverings within Units and standards governing draperies, blinds, and curtains on any windows facing any public or private street; (q) open bank accounts or behalf of the Association and designate the signatories required thereforv, - 4 - ' O I ,;,?, J, )1 (r) make repairs, additions and raprovements to or altera Lions to the Condanlnirnn and repairs to or restore the Condcnrinieni after damage or destruction by fire or other casualty or as a result of condemnation or arnort deeh,n prxcedings; (s) act as agent for the collection of any utility payments which are not Camon Expenses but which are paid on a prorata basis (t) exercise any other powers authorized or iifased by the Act, the Declaration or these Bylaws; (u) exercise all other powers that may be exercised in this Conrinnweolth by legal entities of tire same type as the Association; (v) exercise any other powers necessary and proper for the governance and operation of the Association. (3) Delegation of patio, by executive foard of the Association. The Executive Board or officers of the Ass'ociaHOn may delegate only ministerial duties to a managing agent. or to other persons. (4) First portiere of Executive Board. Subject to Section lil(2), the first nionbers of the Executive Board shall be appointed by the Declarant and shall serve until their successors have been elected. In the eveni of the resign,Lion or, death of any reterer of the Executive Board appointed by the Declarant, the Declarant may appoint er designate his once»cr. (S) Election and 'Penn of office. (a) At the first annual meeting of Unit Owners held after the special meeting called in accordance with Section ITI(2)(e) hereof, there shall be elected three (3) mcnbers of the Fs,,otive Coard, one for a rent of a year, one, for a term of two years and one for a term A if,, ,e years. At the expiration of the init1Lot term of office of each Executive hoard inerther so elected (or u(nn the repl acciAnt of a member appointed by Declarant), such successor shall be elected for a term of three year's. (b) AC the first aviual meeting following Che meeLing held pursuant, to Section 1V(5)(a) above, three new rretsers of the Executive Board shall be elected in accordance wihh Section IV(5). The meiwers shall serve until their respective successors have been elected. (c) At any vote for membership on the Executive Ecord, each Unit Omer, including the Declarant, sha1L be entitled to vote in accordance with Section 111(5) hereof for each vacancy to be filled. (d) AC any meeting for the filling of a vacancy on the Executive board, any Unit eeiner may be nominated. If inure than twice fire jonnel of candidates to be elected at such neetlng a inated, there shall he two ballots. At the end of the first ballot, the field of nominees shall be reduce,[ so Liar, there are no rare than twice Goo number of candidates re- maining on the ballot as there are vacancies to be filled. 'those candidates receiving the fewest nerdwar of votes shall be eliminated frcm the ballot. A second hallot shall be held, and the candidates receiving the greatest rnuaber- of narnnees' tar his number of Waltions to be filled, then there shall be one ballot and the candidates receiving the greatest rinner of votes shall serve on the I?xecu Live Ber"i, I ;: [;111 i;'.i f);, , (6) Remcval of Members of the Executive Hoard. AC any regular or special meeting o t e AssociaUion, zny one or ,,,pre Iwember5 of Ule E,cecutive Board, excepting those appointed by the Declarant, Inery be rceroved with or olithout cause by s Itajorily of the votes of all Unit Comers and I successor shall be elected immediately by the Unit Or-naers to fill the vacssy. Arty f+r=nil?er of the Executive toard whose r vat has been prory?5ed by till l1niL Comers shall be g1Ven an oporLrt,ty to be heard aU the meeting. (9) Vacancies. Vacancies in the Executive Board caused by any reason except renrval in accordance with Section IV(6) alnve, old subject to the terms of Section IV(4) above, shall tie filled by a majority of the votes of the remaining members of the Executive Beard at a sto laL meeting of the Executive Ward held for that purpose pranptly after the a;curronce of any such vacancy, even though the members present at such meeting may constitute less Ihan III Association qucriv, Each person so cIect,d shall be a member of the Executive L4rard for the reminder of the tern being filled until Itu succee or shall be 1,, Led. (8) NEetings of the Executive Board: Notice. The first meeting of the Executive Eoard following the first meeting, arcref or special, of the Association shall be held within ten 00) days thereafter at such times and place as shall be fixed by the Unit Callers at their annual meting and no notice shall be necessary. Thereafter, regular meetings of the Executive Eeaed may be held at such flue and place as shall be deLennLued fmn time to time by a majority of till 11111itels 11 Lill Bxocuti ve Board, but at least Lee meetings shall be held each year. Dlotlce of regular reetings of the Executive, [bard shall be given to each n>embar of Ute Executive B0arct by mail or telegram at ]cast t,,,, (lo) business days prior to the day of the meeting. Special i"Linge of Execoluve Eoard may be called by the President on three (3) business days notice Co each Executive (bard iforher given by ineil or by hand delivery. Special meetings of the Executive Poard shall he called by Chc Presitlent or file Secretary in like manner arul on like notice on the written request of atleost Lwo members of the Executive [bard. Any ,relive,, of the Executive Hoard may, at any L(nz, actn" notice of any meeting of the Executive Board hill rian9 and such waiver shall be decrred egr,1.I,ot to the Ilvtng of notice. Actual attendance by a member of Lhe Exealttve &lard at. try meeting 1-1b)1 ecnsGlLut, a waiver of notice of Lhe Ltme and place thereof. [9) Quunun of the Executive Board. At meetings of the Executive tioueld, a naajority vote of the mmbers thereof shall corvstitute a valid action of the Executive Board. If, et any mee.tirg of the txecative F lsrd at Which there shall be less Chan a cplorum of 1. (2) marchers present, file meting shall be adjourned to anew date. At any such reconvened meeting at which a quonnm is present, azrg business ohjch Tray have been transacted It, the adjourned met-tiny loy he then transacted without further notice. (70) Place of Meetings. Except during the period Chat the ExecuLive Hoard as ',,,posed of mrNxrs aplxrinted by the Declarant, ,stings of te. 8xmvtive PAard shall be held in Upper Allen 'foonashi p, Cuiberland County, PenruyLvania, at such place as the Executive Board iNy determine. - 6 - (11) Effect of Presence at Meeting. Any wriber of the ExeciAive ftrard present at any meeting thereof shall be docrAi tc have assented to any action taken at such meeting unless such mendcer's dissent. is entered on the minutes of the meeting or unless such menper• files i written dissent with the Secretary at or ia,,6i.t,1y fall..... ng the ad l ourrunent of the nKetiny, provided that ro member ,., dlseent fran any action for which such mender voted at the netting. In he absence of A meeCing, cvcanrlrous' ecnsent in writing by all members of the executive board shall be deelxd Lo be official action duly taken. (12) Election, buttes, ebc., of Officers. Officers of the Executive &tard shall be elected by the Executive Board and shall have duLics in accordance with the following: (a) At the first meeting of the exe..HVe Board, and at the meeting of the Executive Board fcllcrwing the first Mnual Meeting of the Aes,Ciation and ut the ireeting of the Execub ve Board tollowing each Annual Fleeting of Association thereafter, the Executive Board shall elect a President, a Vice President and 'Measurer and a Secretary. Ali officers and members of the Executive Board having the resporsibility for handLing funds of the Association shall 1, bonded, at the expense of the Pesaoietion in such mounts as may be required by the Executive Board. 'the Execut the Board may also designate an assistant secretary or assnstar,L treasurer, who need noC be Boat Nkn?hers. lin, oiiices of President and Secretary shall not be filled concurrently by the sane person. (13) Tenn. 'the officers shali serve Until the next meeting of the ksecutive fliard following the avval organization Meeting and cntil their a'ccessors ate elected. (14) Vacanoies. A vacancy in any office by reason of death, resncnation, renwa] or otherwise, shall he prcliptly filled by the Executive Board. (13) President The President shall be the chief executive officer of the Association, shall preside at all meetings of the Association and of the E'xecuLive Board and shall have all powers .11 d I", custarmrlly vested in chief executive oLf,,irs, irxh.dnli, Che pmc, le apl )L,t special or standing carmittees, with the consart of the Executive Board. Such crnmittee shall report to the ExecuHVe e?card. (li) Treasurer. The Treasurer shall be the chief financial officer of the Association, and sha11 have dharge It cus taly of the fasts of the Association. The Treasurer shall keep detailed books and records of all assets, liabilities, receipts and expendltcmes of the Executive Lourd and of the Association, including alLhout limitation, expenditares affecting the Camas Elements, specifying and itemizing the neintenance, repair and replacement expenses of the Canis) Elements and any other cxpen6es incurred. She 'treasurer shall keep an accurate record of Ccxnron Expenses assessed by Che Executive Board against the Units aid of the payment thereof. 't'he Treasurer shall deposit the finds of the Assc:c ra Lion m the hate of the Association in such depositories as the Executive Board shall designate, aid shall render to the Bsecul.ive Board on relp, st, an accounting of all transactions as Treasurer' and of the finar,cial condition of the Association, and in general shall have the powers and duties cult-,idly vested in chief financial officers. Us) Secretary. The Secretary shall be responsible for the giving of requisite notices aW for keeping the minutes of all neetfngs of LLI, AsSOCiaCron and of the Fxecutive Beafd. 'Itne Secretary shall maintain rem if ..Into in hx? the 11115, It Its', waivers of bot", arts minutes of ym:<i es, all Irldings of Lite tisocietion and of the Executive 5oard, it end shat L rr?hintain the voting Ilst required by these Bylans and a 1lsL of all addresses shhrutted for notice purposes 'Che Secret ry s'hall prepare, certify and record anxnd"Int-s to the Declaration on behalf cf the Poxce Rion. The Secretary shell be Lhe custodian of all the books and records of the Association other than, those placed ]n tj, astudy of the 1,,a.u,er arcl, in genera], shall have the powers and thRies ¢istrnarfly vested in cor7,ora Ce secretaries. (le) Ccrryrert_sation. N.o ottwer or assistant officer, of the Association shall be c1-Fst for, acting as such, tort ray be 'en'bUrsed for ary out-of-px{cet expenses, except that, the Secretary and/or Treasurer may be carpensated for, their sefvlce. if the Executive Fbard determines that such ecrtgxnsa ti", is appropriate. (20) Execution of Ihstrtanen CS. No agreement, deed, lease, chock, or, other instncpent, including Amendnrenis to the Declaration, shall be binding 'Vol the ttssociation unless entered into on hehalf of the Association and executed by Lva, officers of the Association pursuant, to n fes'lut lot) of the Fxecutive foOf1d. 11,15 subsecLion shall riot apply Lo Auendnents .Lfssc.led by 0,e .cerdse of p ct,A Declarant Rights. S11Lion V - Liability and Indemnlf LCaCion (1) Liability of Executive Board and Officers. till members of the Executive 2-,ard old Officers of hire association, including Lhose selected by the DcclaranL, h,11 not be liable to the Unit Owners B.ir arty mistt,, Of jutVonC, negligence or otherwise, except for their own individual willful misconduct or bad ta1Ur. he nrl?llrs of the Executive Fi>ard shall have no persoral Ifabilfty with respect to ary contract x r by them on behalf of the Association except as Unit tenors; provided, however, ax: r,ot lUvst.cvbding any other provisions hereof, that nembers of the Executive Beard appointed by the Dcc,larant shall ba liable, to accordrl m.,Lh Section 3303 of Uie Act, 1A (he O,1k Oc-,fa as fldueiarie5 thereof. the Liliitity of any Unit (%OIDrr arising out of airy couCrect made bN the F:-(l"011' }bard shall be 111141ted to such proportion of the Local ]iah'itrLV thet',nuler as his interest in the Camnn Elements bears to the tntereots of all the Uric (Amer, in the Cc+,rtnn Eirrrents. At the opU on of the ExeouLive Bo"'O "greemeuts made by till sartive Berard on beheLt of Lila tsociation may provide that the recL11s of the Executlve Chard are acting only ax agent for the Association and that the menhers of Che Executive Board shat Bave rc, personal liability Ihereunder except as Unit Onmers and that each l0ilt Coble" liability iheon, gKier shali lie 1 LncrLSd co ouch tn,pcrtion of the total I ,ho, L y thereunder as his fnterest in tile Coomon ELements bears to the interest of all Unit U+m:ers in the Connron Eler?nts. (2) IndennLficztion. 'Che Assaiation and/or the Unit. cAurers sha[] nhdawhit ph oted. and hold hand es eny tester of the Executive e..ard or officer of the . s,eiation, including those selected by Lb, t>LClarant, and his personal representatives, subject however to Section 3303 of the Act, frrn, and agatrst arty oral all personal liability, and a1L expenses "e luding""set fees, incmresl or lnposed, or arising ouL of or in - a - efttlarenC of any threatened, pend1b, or cplipleted action, suit or p oceelL ng, whether civil, Criminal, adninstratile or nsiliti gative, instituted by any one or nor, Unit Owners or any other persons or entities, to which such member of the Executive Board cr officer shall be made h puruy. In the event tlpt eucli liabillCp cr ixpense bIll file attrrbncabin Co has willfUl nAsconduct, gross negligence lo U-1 faith, hi, foregoing shall be inapplicable. Such right, of indemv frcatron shall not be de(Y113 exclusive Of arty ocher rights to which su,n ExeartIle Hoard FBmfor or officer may be entitled as a matter of law, agrecerwnt or vote of Unit Owners or of the Executive board, or otherwise. "Ihe indreiari fictlUon by the Association shall be paid by the Executive Board and hall constitute a Cannrn Expenses. (3) furchase of Liability lns-urcirl The Association illy purchase and nmrntaan insurance -,,,any present or fornrer member of the Executive hoard or officer of the Association for any tiability asserted agfiorst him and neurred by him in any such ,,pi,-,t, or ." sing out of his tlt"Lw, whether or not the Association would have the authority to indemnify hln, far such Lrabtlity under the provisions of this Section. (4) Fidelity Bonds. 'fhe Association may purchase and naintain fidelity t:ds nc Executive froar,d Mailers, officers and ecIduyees of Che Association responsible for Association fiords. 1'h, tort', mid erounts of such fidelity bonds shell be determined by the Executive if l,rci. Section Vi - Cowin, Expenses - Assessments U ) Fiscal Year. The fiscal year of the yssociation shall be the ou Lender' year unless otherwise detervuned by the Executive Board, provrdpi, however, that the first fiscal y,ar of the pitoC I at, on ',my begin at_ any till and close at Uie end of Che calendar year. (2) lidtermination of Camon Expenses. With the exception of the annual budget for the first Fiscal year of the Association, not less than sixty (60) d.ys before the heginning of each Fiscal year of the £SSCCiatLon, the Executive Board shall adopt an annual budget for such fiscal year which shall contain an arorurt estinsivIl to be necessary is pay all Camon Expenses of the Association, rreLudirul all costs of operation of the Condaniniwn and reasonable armunCs for ororehig capital, general operating reserves and reserves for contingencies and replace. menu. In preparing this budget, the F,,sihfive hoard shall corslde, arty surplus fundsestrn,ated to be available frao the current year and credit. such surplus fords to the Wit Oalers a educe their rCspc2tive future C.,.,I Expextse l?sessments. Such budget shall constitute the basis for deternhllrl each Unit Oaoc, Assessment for Cpmnn Expenses, c,hject to Section 3303 of the Act. (3) Revision of the Anneal Budget. The Executive Board may make revisions to the annual budget and the Assessments as it deterrvr rtes approprlaw, including but not limdttd to revisions necessitated by the addition or conversion of Additionai or Convertible Real Estate. (4) Delivery of Bu Cats. With the exception of the annual budget for the first fiscal year of the rolsociation, a copy of eaoir ant al budget shall be de Livered to each Unit "I'll not less than thirty (30) days prior to the beginning of each fiscal year. A copy or all revisions of the annual budget shall be delivered to each Unit 01.11 within fifteen (15) treys after adoption by the Executive Board. All such budgets shall set forth in retionafly detailed form a breakdown of the camnn Expenses of the Association and the Assessment for each Unit lonrr. y (5) Assessment and Palnrent of Ccnnnn Expense. Prrnpstly following such determine Ci on of the Caacon £xpthees or revision thereto, Lhe Executive Board shall assess against each Unit oiler his sh:,re of U!" Coiren Eaperrsee. A Unit Qvmer's obligation to pay A acswo t-La herder this Section shall not abate due to wry Lnr:erruption in 1-tie Unit Cblncr's occupancy of his Unit or access to the Caman ELemencs. (6) Special Assessments. T'he ii'.L.ive rt u,rd may levy o Special assess,1nt for extraordinary e," 9itures dl mhy uli'r, hdhich shall l.e assess d against each Unit Caner in prop'c0i," to U"ii crcenLage interests, and which is payable in o Ltnp awn or as Lhe Gzecutive ]bard nay deterndne. The executive Bo,-d shall give each Unit Omer retire of such Specie] AssessooN giving the mount and reasons LhereSor, Ord such Special Ftssessr!enP. shall, unless otlherwi se specified in Us notes, becole payable with the next monthly Canaan Expense AsSesvnent rahich is due more rhos Cen (lo) days after delivery of such notice of Special Aele,,Iallr. 0) Personal Liability. All sums duly assessed or fines and charges duly vVosed against ary Unit pursuant to the Declaration, these Bylaws or the Rules and Regulations, if any, shall constitute ehe personal liability of the Owner of the Unit so assessed or charged. (5) Interest. Any Assessmmenl or installmrent thereof or any fine or charge not paid .Alen dUe shall bear' interest at the rate of ten percent (ICPL) , er. (9) Lien for Assessments. The Ps:/LCi at ion shall have a lien on a Unit for any Assessment levied aryalnst ttrai UniL trcwm the 11111 Uhl fssessncnt berates due, together, wlt.h any interest payable pursravht hereto. The Assoclati.on's Lien may he foreclosed in like mmmvler .rs a rtrhrtgage on real estate. It Nr HssessmenL is payable in instalin'enLS, the ful l mmarvht of the Assessment becans effedtive is a l mrn fraan Lhe Line the first iris Sallment thereof becare> due. 11r accordance with the provisions of Section 3315 of the Act, such lien shall Ua prior to all other liens shd encrrSrrances w a Unit except: (a) Liens and encrmilmon,ee re -riled before oc recorl iLion of the Declaration. (b) Nprtgages and deeds of trvst on the Unit s-ecur,Nj first nartgage holders and recorded pefore the due date of Che /tssessrcrht or (he due date of the first insta]lnw_nC payable cn Cho AsscssreN.. (cl Liens for real estate taxes and other govorrir ntal assess- Irients or dcafcoes- against the unit. Notwrihstanding anything to the contrary contained herein and Co the exCSnt pernmtcted by U, Act, the lien for any cvvrual assessment is hereby silxrrdlnaLed in tire., lion and priority to xyfi rs r. lien ngrtgaye of a Nbl-upgee. (10) Collection of Dellnclaent Assessments. 11,e Executive bard shall Lake prorlPt action to collect Assessments for CrnTrrln expanses or arty i.hsthlloelt thereof, together with accrued interest, uanich remain unpaid For thirty (30) days after file datz on rahich payment sr such ASSess'.rent for installment thereof fa,ae due. au ly sail, delinquc hl. 10 - ,.YI% ri`) idtl SFill Assessment together with any accrued interest may be enforced by suit of the Executive Ecard acting on behalf of the Association- Tce delinquent Unit O+ner and others liable for payment of Assessments and interest thereon shall pay and the Executive Foard shall he entitled to oollect (freer tha sale of the Unit, or othero-tise) the mbunt of the Assessment. Ind the interest as well as (a) all expenses of the F.xecntfve Pr9ard, including reasonable attorney's fees, incurred in the collecLion of the delinquent Assessment by legal proceedings or otherwise, and (h) any atgfnts paid by the Executive &tard for taxes or, on eccocn(L of superior liens or otherwise to protect its charges against the Uhilt, which expenses and annlnLs, together with accrued interest, shall be overbill to cosstiLUte part of the delinquent ASsessbent and shall be collectible as such. (11) Statements ofUnpaid Assessments. The Executive (bard shall furnish to a Unit Omer opon written re.Nest A recordable statement setCing forth the itsas specified in Section 3407 of the Act, including the m cult of unpaid /assessments currently levied against his !Init. The sLvivntot shall be furnished Vi 1full n ten (10) business days atIor receipt of tiie rsquect and is binding on the Association, the Executives card and every lint Orner. (12) DaLe If Canmencement of nthly }lsses smelts: Due Dates. Th Vm e monLhly assessments provided for herein shalL careo,nce as to all Gnats cm the first day of the month following the conveyarse of the first unit by Declarobt. 'she first oo,thly assessments shall be adlusLed amord,n, to the niuber of mnnths remaining in Lhe fiscal yaar. Written noLlce of Lhe annual asses_oments shall be sent to every unit (honer subject thereLo. 'fhe due dates shall be established by the ExecuCve Eoard, and, unless L1` F2:uCive Ebard otherwise provides, 1{12 of life annual. Assessment shall ha due on the first day of each nrnth. Section 'Ill - Use, and)haintenance of the Protrerly (1) Use of the Property. The ruse of the Uni is and of the c',cnmcm Elerments shall beery in accordance with the provisions of (i) the Act, the Declaration, the Plats and planar these Bylaws and the Rules and Re)ulations, ff any; (iL) all if,, applicable rovisions of law, and of any rules, regulations, orders, decrees or requirements of any govern- mintal cr giaisi-goverrmsental bedy or agency or board of fire un(er- writers', (iii) any covenants, eonaitions and restrictions in the deed of A," Un t nd av) the ?eclorr on of Covenants, Cond t >ns and Reftrictions nuisav?.ce ? .. FFFO IFT- r" ,70on ? nn u ?e?or Ll ta k e 11, whI u i,,a,s tr lrear, ta oil le P fees with the peace Erl 1 5sessl on or pnroper r of any If Gne U:i is u' of Life Cylii,nrl El"Alits. No Unft Outer shall vithoot prior written "omenr o£ the EXecvtiva Board (t) foake any installation which "rgrds beyond bite physical limits of his Umt into the Co "vl elements; (ii) paint or othervdse niter the structure, foul or appearance of the exterior portAon of any wall, wirdow, door or other portion of the Property which is visible from outside of such bull, or (iii) except is permitted by the Declaration, place any sign, notice, advertisement or Lhe like en any, part of the Court aninAon which is visible four outside of ssh unit. No Unit owner 5hali do any work or any other act which could jeopardize the soundness or safeLy of tha rlrolomrulni or wfy ) o Lternef n firyrair arly =asen?erfl or herernta cult without Lhe enar r c wnsent of Lhe Umt O ners .. led thereby. 11 - (2) Respunlibi l lty, ffor lonine_nance o£ Units. Gbch Unit, a' I" shall furnish ahdbe res(xinsible for, at Lis ovm expense, all o£ tD, o:r5ntenance, repairs aid replacernenl.s of all property, and fixtures wrtihiri tiffs Unit; pmvided, hCheVLf, slch maintenance, repairs and rr?placcanen Cs as may be required for the fux-tiexvnq of The central air oboe itioni ng ahd heating system and the plw?bi ng (but not tlhe fisYxuv'rs) 'u ..n Lie Unit and for the provision of utility sriv,,e to the Unit, shali be furnislhed as pact of Lhe C.,Cln Expenses. Maintenance, reps ins and replamnents of flooring, trim, refriyeratocs, rahges, and other L,,LChen appliances and lighting fixtures ahd facilities and bath fixtures aid other appliaces, shall be at the expcvhse of Inch Unit Owner. F111i Uhit (timer sf,dt also ba resIx,riible fur I,he maintanairce arrd repair of all c;indows of his Unit, all deer's, inclu,ling Lhe doors leading onto the balcony, deolr or patio, balcony cool, or patios, if at,, ad laca_nC Lo or servicing h11 Unit; provided, however, such windows, doors, balcony, deck arrd/or patio shall be replaced in a mariner corielotent with the uniform appearance of the exterior of the Building. (3) Maintenance of Canon Elatents and Limited Coorrwn Elements. r"i"Aenance, -,parrs ;rld replacements of the CcImn Elements and Limited Cornrrnr Element o shall be furnished by the ±lssaiat icn as part of Ure Campo Expenses. (a) G.urc,ye by Negligent Acts, if due to to the negligent act or or Ion eF a Unit Dal" r a Re .i cant or f a r artier cr tt.e fwmily c household pt cr of a guest or invitee or other ad horiFed c upahC or visitor of such Unit Owner or Resident, ddmrge, shall bo caused to Lhe Capron Elor ,, e or to a Ulhit or unife o..nei by others, for which maintenance, repairs and replace,. hA, shall be n.quCred cA.iuh ,;ould otherwise ba a Carron Expense, Unen such knit Owner shall pay for the dadhge, repair and eplac?nt, as auy be determined by the Executive Rratd. f5) vanintenance of Equipmnt Fixtures, etc. 'fo the extent UraC epuipnent, faontltiea and fixtures );Chin the Unit or Nu 6 shall L,, u<crel t srm lsr equipnent, Facilities or fixtures aFl ct Sig o se rvicing other UniLS or the Cocoon Elements, then it,, rr Cner?of by the uxl NiJual U,,L Limners shall be subject Co the control of the /LCS,X-iaticn. to accordance with 5°ctiai 3?97 of the Act, the au Lhori'c 1 cure,alL,t, e, of the Executive board, shall be entitled to reawrab]e ac:-c,e to tire individual Units as may be recNired in connection with maintenance, repai,s, or ,ajlace- neNs or to Uhe Cannon Elertlents or any er,,pre, t, fac 11 tl.les er fixtures affecting or serving other Units or the Canon Elervsnts. (6) Ucooratinq and Maintenance of Units. Each Unit Ovrzr!-rr sIi,11 furnish and be respcrsiile For, aT his corn expense, all of uhe decorating within hie elan Unit incl uduuj favtirxl, vialI papering, rl;l 1(1 alI'll hlno, par.ellirg fi.rc; covering, drape. izs, window 1,dez, cu'Lains, 1,,ps and other furnishings and interior decorating after the original paint arvl floor covering. Each Urat Omer shell be entitled to the exclusive use of Che iuterwr surfaces of the perimeter walls, floor, and ceilings, which constitute the exterior li(orodar III of his Units. Each lhvt Olr.,r shall rtuintain the interior surfaces in goad condition at his sole enpervse. Each ilnit Omer shall have it, right to Decorate such interior sir Faces as he may see fit and it his sole expense. 'tire surfaces of ali "d'o' forming part of the perne,,er wa11 of a Unit ,,,If be cleaned or washed at On, ezpenee Of each respective Onit Omer. Decorating of the cOj,,jj Elanents ;y,d ariy re-decorating of Units Co the extent n,de necessary by vry damage due to r;cr'k on the Ccxlnnn Eden»nts b/ tire y,s1Irotioh, shat) b, .UrnisP,ed by the Assw:ati on as port of Ure Caltton Expenses. 12 (';) COndltlon of Property. No Unit Colder shall PannIL trash, debris, towls, pouts or other naterial to be stored or aw. tutored in such a eray as to detract Fran the appeararke If fire Condpnlnirm. ff. Unit Comer SPlall (a) permit any motor vehicle, trailer, or, other conveyance to I, parked un any jtcrtto, of the CondtMnlnltvt If Such vehicle, L,ill, 1 or other c. veymec-e is noG folly opcrabte and licensed and inspected fox' on I'lll,it legal operation, or (b) use ally JIMiem of the i. ntlallrolol, for the repa'r of any ,'.tor, vehicle, trailer or, other conveyanre, except i:mxdi to energan.y repairs. avrpliance with the regi i-el,,,nls of any govec vnental or 11111 -9oI,Rrriterio bialy or agency for finale, mxiifioa Lion, repairs of, or additions to the Condantnirat shall tic file reslxnti ibility of the party who has the obliga Lions rvrdrr this SCCCAOp to maintain and repair the portions of life Condauirdrmr affected tnereb, upon failure of airy person to Confe, with the foregoing provisi ores, Lhe Fxeoottve tbarci tray, after toff,, to the Unit. Owner, flies such action s nay ben _essory co effect m,rgeliao-e aith tire foregoing and assess the mss thereof to such unit Dater. (8) Animals. No Unit Caner or Resident may raise, breed or keep any livestock, fled or uritwl of arty type in or upon the Corduttnitur, except with the prior written ctllsent o£ the Executive Eosrd, and subject to such limitatiors, conditions and restrictions .s the Eorooitios hoard f1?ay ]R,,,OSe. (I) lncrease in Insurance C st. No U111 I, Caner shall i.e his Unit or the Camun F.lc+vnts in a r,rirurer so as to cause an ineresise in Un; ensti Of irt5urance maintained by the executive [kard on the CoridIfuniLliff. Idly Unit Cl,,,, reslxonstble Eor such an increase shall. be liable to the e ruLive Board for any Such incre95e resulting font the nse of his Unit 11 of the Coal.,, Eietxants. (10) e"I't of Access to Unit, Costs. Phi )Lx"'Iitl Cne shal I hive a riuht of access to each Unit Tr (i) Inspect (fie Unit, (ii) rorrove, ?orr-ect or abate violations tinder tier Act the Declaration, the Urciaws, any Nines and VespAations prcmtuegated by the Assocrot. ime, or of lax, or cf any t L11,11, re.prlations, old rs, 6"ees or retNi rcnn•nls of any Jove ncntal or p .si-govcrru xutl,el body or ayo,ofy or, b.r o of fire rvalerrorrr tern; (iii) make such repairs to the Unit as are reasoreably -,ecessary £or p,Ibllc >a£ety or to prevent d.l.g, to other,' Units or to the Campn Elements; wed (IV) ,reslntain, rc-pafe or replace the Crxmmrr Elements mnt.rturd Lhereie 9Pe costs of ren,oving, correctin) or abating any such violatiavs rueder this subsection erd of uialnnq any sudr f'epdirs to Units shall he chir"Id t the ?nit Mailer. Requests roc access shall be made in adva - ,capL tr oases oI yerxr/ e4 ,such rlghl rf access shatL be i vledtate, whether or not [tie Ifnit Owner 1s present. If dsroagt, is mflfuted on the Commn Elements or any Unit through which access Is Oaken, the Unit Cer"o is respens,Llx, for the don age if the action is taker t , or eioletian, off uise the cost of iupuii of such aviage shall be a Comron Expetse. (Il) Additions, Alterations of Ireprosowriis Ca Units. No additions, of Lilac oils, or Tprove rents y be made toy Unit rhi ch mi ght atfect the sCnsfrill integrity of till Buihling. No structural additions, al Le t . r _, w i rp -ovemzMS ay be made to any Urd t wi thou t the prior - 13 - written appeovat of the Executive Kurd, which shnli not lx withheld onreasonably. If the charge as approved 1111 result in rsrScrir inac- cvrete thadescription of that Unit as reflected on the Plats and Plans Such change shall not be undertaken until the Plats and Plans have been amended at the expense of the Oral (Tamer. Requests for Executive Puerd approval shall be, accrnpor,cd ty datiled plu s and r iLlwtions shocaing the ""1ed additions It ,,tips o- i,pro4s and shah ire tb.e <vniraccors and .,b lntrnctors to be enyrloyed. ill, Exe<n RLVe [bawl sh,11 act upon recprests Ell approval within sixty (50) days after receipt thereof, and shall be deemed to have acted favorably in cases dhere r,o response is forthcoming within that period. Application to any gcverruortal aoUxtrity for necessary permits shall be made only by the Veallltlve Board ss agent for all, at tine expense of 1:he Unit crane,, whale incurring no liability to their authority or to any mntrxwr, sA,bar- tractor or materialnen or Lo any person having airy claim for injury to person or damage W property £ran such work. (12) Leases of Units. A Unit may he leased sublect Co the prcvisrons of the Declaration, In such event, the lessee Cheroot and Unit 0,1, shall 6e jointly acrd severally liable for all Assessments, charges and ljabilitfcs and for the perfornence oC all the obligatiorvs ruicer the Gondaminiun, fouments and ill, Act. (13) Mechanics' bt,ha Aq,,r Unit, fury mechanics' 1,,n arising es a retch of mpairs to or irrgnnvernen LS of o Unit by a Unit o,rrier shall be a ]ten ordy against such Unit. Any such mechanics' It,,, arising as a result of vepairs to or i,ryaroven?,nts of the Oaimon LI.,nLS, if authoriz,d in o-rriting pursuant 1, a resolution of rile `:xecati ve board, shall be a Ctmrmn Expense and trh it so paid shall be lit, ,,,mast each Unit in a percentage eglal to the Pei-,,Jaya interest thereof. .section VIll - Insurance U) Property Insurance. Property ]nsurance shall be maintained on the Cannon Elc-n>vnts and Utiits exclusive of ]ny?ro,el,ht, and betterments tnscallod ,, Units by Unit Owners, insuring against fire and extended coverage against all r,,1, of direct pirysical loss camonly insured against. h1b total vttcwiC cif insurance after appl it, on of any doctor - ibles s11611 he hioeay-free Percent (95%) of the actuoL cash value of the condcminium exclusive of 1and, excavations, fo,"dations and other items normally excluded foam property policies. (2) Clomprehensive Ge:reral Liability Znsurance, Carta rehensi ve general (Lability insurance shall be maintained in at least the amount oe erne mi ll ton Uollars ($1,000,000.00) hod shall Include [),,vision for ac .,cal payrrants in the ,,,r it of Ten 'thousand Dollars ($10,000.00) per parson and One Hundred Thousurd rbllars ($100, OG0.00) per accident. This insurance shall cover all occurrences carmonly insured a crest. for deldl, lxxiile tn)ury and property daniges arising out of o in _.?uo Cion amid, the use, or,ership or noinienaimae it the Cwnnnn Ele,nar, Le_ (3) Polity RethireneiL,. Insurance policies caoried pursuant to subsecticn? (1) and (2) most provide that: (a) each Unit Owner is an insured person under the [-nlicy ,with respect to liabilitry arising out of his orsmershtp of an rwdivided interest. on the Carnnn Elements or ri iihership in the t,,oso -lion, 14 - (b) the insurer waives its right to subrogation under the policy ag.,,Lt any Unit Owner or nembar of his householii; (e) no act or w,issicn of any Unit Owner, unless acting within the scope of his authority on behalf of Lhe Ass,,iatlon, will void the policy or be a condition to recovery cntder the polio/. (d) if, at the time of a tows under the policy, there is other insurance in the name of a Unit toner covering the same property covered by the policy, the Association policy will be primary insurance not contributing with Unit came' insurance{ (e) the insurance may toot Ue cancelled until thirty (30) days after notice of the proposed cancellation has been mailed to the Pssmi- ntion, each Un,t Umier and each ,rortgagee or beneficiary wider a deed of Gvst as such ilf,r,avU,b is provided to the insurer or its agent by it,, ?sswi a ti on. (4) thut ow,er's insurance Cover ge. AI iIIurar,ce policy issued to the Assaiation shall not prevent a Unit Oamer frpn obtaining insurance for his obm benefit. (5) YbrhneW s flcrpersation and Directors and Officers Liability Insrzrance. The Executive Board shall carry warivnen's conpen.aticIn arcs fidelity insurance covering srch officers, directors, etrgAoyees and agent of the Executive teard wid of the Association and iu such anoints as U,e executive BI-11d shall deem appropriate. (b) Miscellaneous Insurance Coverage. The EveCOtive B,ard shall rzemiain any other insurance coverage it ddee,as necessary and appropriate to protect the £ssociation and the Unit oumers. Section IA - Books, Records and lie,xofs (1) leaintenance of Books and Retards. ihs Executive Chard shall maintain or cause the proper officers to maintain current- lha,ks and records which reflect fully ire operations, proceedings lKi findialai condition of -ho Association and the operation and condition of the Property. Sooh books and records shall include, without limitation, JeclaraC lOn, Bola,, A,Oes and Fegulations, if asy, and arry amendments thereto, Use books and records to be ov,iritained by the Treasurer and hie 5e altar, a„d the voting list to he maintained by the Secretary. Euother, s,ch bwk, and records shall be sulfic,,nt too the Association Co provide the resale certiticate as required by Section 3407 of its Act. (2) Recess to [boles and Records. such balks and records shall be kept at the Property, or at such other location as the oxe<it,ve 6,ard t,iy frao Litre to tirze deternune, and shall be available for exanilna Lion daring recSilar business hours by the Unit oamers. (U) Plotices. All notices or emrrnmieations herewder shall be in writing and shall be sent by First class mail, potage prepaid or de- livered personally, addressed as Follows (i) to the Executive P,oahd, at such abbess a5 the Executive Ebard may from tune Lo time des,,ote by is -, P'i1t <'6'1 'flirt written notice to all Unit Owners; (ii) to the Assoclatl:n of Unit Owners, in care of the Executive fnard at the sane address; and (iii) to the Unit owners, at their resyootive Units or at such ocher addresses as they may five, time to titre designate by written notice to the itoctr ttve tbatti. All ,trcea shall be deenxsd to have been given when walled except notices of change of address which s1e11 be deemed to have been given when received. (+) Efi,flive Date. 'these Bylaws Shall beeaoe effective when the Declaration aid the Plats and Mans have been duly record?sd. (5) Headings. The headings herein are for reference only and shall not affect The rcaurig or interpretation of these Bylaws, (b) Invalidity. If any prevision of these Bylaws is determined to be invalid, the determination shall not affect the validity or effect of re, re""i-y provisions hereof. (7) Conflicts. The Act and the Declaration shall control in case of any conflict between the provision hereof and either of them. (B) Gender. the use of the masculine gender in these Lfjlaeis shall be deemed Co include the feminine and neuter genders and the use of the singular shall be deemed to Include the plural, and vice versa, whenever the context so requires. (9) Noncerpliance and Waiver. Failure to ca,ply with the Declaration, these hylaa.s, the Rules acrd RegulsLions, if any, or the covenants, conditions and rest rictirsx set forth i he Declaration and the Pct as any of the swore may be amended, shall be groeuds for an action for U,e rxovery of danages (including the costs iri-or rid by the Execuc,,, Poard in taking any action necessary to correct or remedy Such failurr ;end attorneys' fees) or for injunctive rali' r toff, ueintainable 0 by the Executive Chard on behalf of the A5sot-lotion or, in a proper case, by an aggrieved Unit Owner or by a nnrtgagee. 'llie Executive B,erd shall have the right to dory work and to take any steps nxzssary to correct or prevent, an,' failure to conply, including the right to enter a Unit at all reasonable tunes to no so; the expenses th""U" and of any action widertaken by the Executive Boarcl as aforesaid Wgether in each case wit-1i interest at the rraxinwun to permitted by law shall be assessed by the Executive Board against the Unit Ommer and shall be collectible and enforceable in i, v,vo,cv alill the provisions hereof and of the Act. No restriction, wu.liL,r, , obligation or provision contained in these Bylaws, the Declaration, the Rules and Regulations, if any, or in the deed ,:,very,U, any unit shall be ,, ,x_l to ha e been abrogated or waived 1, rec,n of ct,y failure, slnple or ,Ut tpla, to amerce the saue. (10) Avoidance of Liens and Notices of Liens and Suits. Each Unit avrrer shall pay all charges, claims, taxes or assessments against his Unit for which a lien could be filed before triey, shall bec oe delinquent :find prior to the time when any lien could attach, and shall, within five (5) days of receipt of notice or of actual Innowledge of the attaching of any licit (except a rvartgage covering a Unit) or the filing of any suit or other proceeding against Cho Unit, give the Executiva Ibard written rotten thenc'ot. The Executive Board may, on( shall ,ot he obligated r-,, advonce wry suti necessary Lo prevent the attaching of any lien against any Unit, (exrep[ a st-ga,, covering a hint) and ony 111urnts adv,,neel 1ha11 bear vaercnL fit tIr uexinann rate prn,uttnd by law ,,I I.4l ee prI,aly assessed by the Executive Eoard against fine Unit Owner and shall be collectible and enforceable in accordance with the provisions of the Act. - 16 - IvlI ;'iO it,.( ! ;;;6 (11) Ca?mnn rases Payable by the Declarant. UnCal the closing of u tle conveying the First Unit, the eer_1.ranC s-tul] be solely responsible for .."" t of all expenses which are in Lhe nature of Canio:r Expenses. Foiiowinq and comrencing with Lhe firs[ closing, the hilt (Anvers (o chino Li tles tell have)-',n conveyed shall be respunsi hle fo their pto(?r l.?onotll shares of Camxln Expenses hased "their ll,"'Iage Interests in the Qnnv.. Eluoents, , o, set forth on Exhibit " e" attech,i to the D,cl...tion. The Declarant shall pay the curuon Expenses assased and allocated to unsold Units and pending exercise of Special Declarant Rights reserved in the Ieclaration, sliall pay real estate taxes ac other expenses allocated to Convarcibie Heal Estate. Section X - [mendaonts (1) k, ndmenL. These Bylaws inay be amended frao tlmc to Lime by a at vend regular c ..co al nneCi rag reso Lution duly adopted at eery duly m of the 14,I oration by the affili.tl" vote of aC least 5i oty-swan percertL (67y) of Unit Demers present including any Units ot,,d by declarant, provided all Unit (Anvers have been given at least Imenty (20) days prior twtice of the proposetl amendrents. Declarant shall hay, first can,entcd in writing to ally mnendmerl2. which YllaId affect any right given to the Declarant by the Declaration or by these Byl.ws. (2) Notice to Mortgagees ari Unit Cl.,,. Nn atven<Livn LS of these Dylavs shall be adopted without twenty 2A) days- prior written notl<e W any L Isyee holding nort,ag,s erhich crniprise theft ,t hens on ttve (oJ or nwre Units, orhoso bIlLten approval shall be require 1 for sry ""It" t. 'l1, taiLUI, of a nmrtgagae to file ob)ecilons to . p? ?pos=d aoenrbrenL within twenty (20) days of rece'wiw} notice shall be daanad .ai approval by Lhe nortgogee. l l.? rl---?L4__- i, _ 'S') n. N Y^ i rv R H k .? s5 V? C s,:rI M 0 I i P V N ers g!? r Ig i r Its s 6 I° to g1: i g§§ 1 it9l? ill In a a ? e :5° EE ge'.te5z.g g .... 4S 3. ? i''i S 5 g??3>§. § t t ' r4.?3A ^ ? ? ^ . 1 d '4t 24a'-4 f §ax ? - i a. ?? I ? I' _? I SF I M.. ? a I III II ;4 Il „ I 1? I ? 1? n 1 I II l?? ?•? 1 ? ? G?? ti g ??1 I I 4 1 ?' i µ 1113 ? U Il ; I 11 Orl ? I . I ? C. ? W! ll Igl t ? I I i' ICI I I? ? 'll 'I ?I ? Ilu a I .6 t pu I I! ?? u V I II? ?, I I I I ?? Iii I I I hl ? P ? I11??y t??I w??g I'di II 1; oil ' k I 1 u v a ;N? I I P lid . n I l?y n. -E9°°:i°°e s.. da..r ANS-i v P ra Y r r R x EA1 i Y loi : 9 9jS ?o i_ i-n brc , t 1 c c. R R F ,' •, ? !?:? " LLyiu&• 'y T'Y'?ieW?4aY..x04LMn:CY+uysli..r fxwl? ?? a AMENDED DECLARATION OF GENEVA PLACE Table of Contents Article Section Title Page I SUBMISSION. DEFINED TERMS 1 Deolarantl Propertyl Countyl Name ....... I 2 Easements ............................... 1 3 Defined Terms .......................... .1 II BUILDING ON THE LAND. UNIT BOUNDARIES 1 Location of Building ................... .6 4 2 Location of Units and Percentage Interest in the Common Element,,-..... .6 3 Location of Common Element s ............ .6 4 Unit Boundaries ............. . .6 f 5 Maintenance Respons l blllties.......... . .8 6 Relocation of Unit Boundaries and t Subdivision of units ................... 16 t III VOTING AND COMMON EXPENSCS { 1 Voting ................•. .8 `! 2 Common Expenses................. . ...... .9 Y 1 IV USE RESTRICTIONS y 1 Use, Purposes and Restrictions........ .. 9 V EASEMENTS 1 Utility Easements - Right of Entry.... . 11 _ 2 Encroachments and Support ............. . 12 I- 3 Pedestrian Easements .................. . 12 ,L,":- ° 4 Emarg encles, Repair ................... . 12 5 Pipes, Ducts, Cables, Wires, Conduits, Public Utility Lines and Other Common Elements Located Inside Units......... . 13 6 Use of Common Area.... ................ . 13 12 :c 7 ExPenses .............................. . 13 5-19f S 17 7A6_ !191 1. VI SPECIAL DECLARANT RIGHTS 1 Declarant', Right to Add Additional Real Estate, .......................... . 14 2 Declarant's flight to Convert Convertible Real Estate ............... . 15 3 Declarant', Right to Maintain Sales and Management Offices, Models and Signs ...................... . 16 4 Declarant'a Right to Enter the Common Elements ....................... .16 5 Deelarant's Reservation of Miscellaneous Special Declarant flights ................................ .16 6 No Declarant Obligations to Build..... . 17 7 Termination of Special Declarant Rights ................................ .17 VII POWERS OF ASSOCIATION, RESERVES, _ ASSESSMENTS i Reserve Accounts ..................... .. 17 2 Exterior Maintenance ................. .. 18 3 Assessment of Charges ................ .. 18 4 Method of Enforcing Charges.......... .. 18 5 Unpaid Assessments at Time of Voluntary Sale of Unit ............... .. 19 6 UnCOllectible Assessment ............. .. 19 7 Confession of Judgment ............... .. 19 VIII UNITS SUBJECT TO DECLARATION, BYLAWS 1 Units Subject to Declaration, Bylaw3. ..20 IX SEVERABILITY i Severabillty ......................... .. 20 X WAIVER 1 Waiver ............................... .. 20 XI GENDER. SINGULAR AND PLURAL 1 Gender. Singular and Plural......... .. 21 XII TERMINATION 1 Terminatlo. .......................... ..21 ol;. 3 V F 1 99 5 XIII INSURANCE 1 Insurance ............... .......... .... 21 XIY MECHANICS, LIENS 1' Mechanics` Liens ................... .... 21 XV - AMENDMENT OF DECLARATION 1 Amendment of Declaration ........... .... 22 XVI REAL ESTATE TAXES I Beal Estate Taxes................. ..... 22 XVIII BIGHT OF PERMITTED MORTGAGES 1 Reports and Notices ............... ..... 23 XVIIII MORTGAGES I Permitted Mortgages. ... .......... ..... 24 XIX LIABILITY AND INDEMNIFICATION I Liabillty of Executive -Board and Offlr.ere .......................... ..... 25 2 Iiidemnlllcatlon ................... ..... 26 3 Purchase of Liability Insurance.. ...... 26 4 Fidelity Bonds ................... ...... 26 EXHIBIT A LEGAL DESCRIPTION OF THE REAL ESTATE EXHIBIT B LEGAL DESCRIPTION OF ADDITIONAL AND CONVERTIBLE HEAL ESTATE EXHIBIT C PERCENTAGE INTEREST IN COMMON ELEMENTS EXHIBIT D PLATS EXHIBIT E PLANS EXHIBIT F PROPOSED ANNUAL BUDGET nox 3 17 PA;E. 9')(i i ?II 1 AMENDED OFCLAAAT ION OF GENEVA PLACE f ARTICLE I SUBMISSION: DEFINED TERMS Section 1 - Declarants Property; County Name John E. Sroka, having his principal place of business at 422 Main Street, Johnstown, Pennsylvania 15901, owner in fee simple of. the land ("Land") described in Schedule "A" attached hereto and incorporated herein, located in the Township of Upper Allen, Cumberland County, Pennsylvania, hereby submits that the land and the Improvements constructed thereupon ("Building"), together with all easements, rights and appurtenances thereunto belonging ("Property") to the provisions of the Pennsylvania Uniform C ondominium Act, 68 Pa. C.S. Section 3101 et.se9. ("Act"), and hereby creates with respect to the Property a flexible condominium to be known as "Geneva Place a Condominium" ("Condominium"), by reserving the option to add certain additional real estate ("Additional Real Estate") and to convert certain convertible real estate ("Convertible Real Estate") as described in Schedule "B". Section 2 - Easements The Property is so submitted subject to the recorded easements and other matters set forth on Exhibits "A" and Section 3 - Defined Terms (a) Terms not otherwise defined herein, in the bylaws or in the Plats and Plans, as they may be amended$ shall have the meanings specified or used in the Act. (b) The following terms, some of xbIch are used or defined in general terms in the Act, shall have specific meanings hereunder and under the Bylaws as follows, (1) "Additional Real Estate" means the Real - Estate described as such in Exhibit "B", attached hereto. t ?1;° 997 (2) "Amendment" means an amendment to this Declaration of Condominium or to any other of the Condo- atntum Documents as provided herein. (3) "ASSoclatlone means the association of persons owning Units In the Condominium and designated as Geneva Place. (4) "Building" means any one of the buildings designed for residential use and containing Units which does or will comprise part of the property. (5) "Bylaws" means the Bylaws of the Association. (b) "Common Elements" means and includes: (1) the Land on which the Building is located and those portions of the Building which are not included to any Unit; W) the foundations, structural parts, supports, main walls and roofs; (111) the yards and facilities, sidewalks, surface parking spaces allocated to guest use, and any improvements which support or sustain all of same; (iv) portions of the Land and Building used exclusively for the management, operation or maintenance of the Common Elements; (v) installatlons of e11 central services and utilities( (v1) all apparatus and installations existing for common usei including without limitation, exterior building Improvements; (vii) all other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety; (vlll) such other facilities as are designated by this Declaration as Common Elements; (lx) the term Common Elements shall Include Limited Common Elements as hereinbefore defined, except as otherwise apeclfled. -2- eni 31-1 Vice 998 (7) "Common Expenses" means and lncludest A. In General (1) expenses of administration, maintenance, repair or replacement of the Common Elements and facilities and, except as limited hereby, of the Limited Common Elements and facilities; (11) expenses determined to be Common Expenses by the Act or by this Declaration or by the Bylaws; (111) expenses determined to be Common Expenses by the Executive Board and lawfully assessed against the Unit Owners In accordance with the Bylaws; (Iv) "common expenses" shall mean charges or expenses as the case may be; (v) the expense, if ever occurring, or Installation of cable or common telnvlslon service to the building shall be a Common Expense; (vi) utility charges for utility services to the Common Elements. B. Utilities (1) The use of electricity, gas, water and sewerage services supplied for the benefit of each Unit and the re sped ivs Limited Cnmmon F,lem en is hall be separstely meLered, and the eosts thereto,, shall be paid by each Unit Owner. The use of such services for the benefit of the Common Elements shall be separately metered and the costs therefore shall be allocated as a Common Expense. (B) "QOndomioium" means the Land, Building and Property submitted to the Act and designated as the Geneva ?i.e.. (9) "Condominium Documents" means this Declara- tion of Condominium, the Bylaws, the Rules and Regulations, if any, as promulgated by the Executive Board and any subsequent amendments to these documents. (10) "Convertible Real Estate" means a portion of this Flexible Condominium not within a Building containing a Unit, within which additional Units Or Limited Common Elements, or both, may be created. -3- ',z 17 N7 9951 (11) "Declarant" means the Dedlarant and all successors and assigns to its Special Declarant Bights. (12) -Declaration" means this Instrument and all amendments hereto. (13) "Executive Board" means the Executive Board of the Geneva Place which shall act on behalf of the Association. (14) "Flexible Condominium- means a condominium containing withdrawable or convertible real estate, a I condominium to which additional real estate may be added or 4 a combination thereof. The Flexible Condominium created hereby provides for Additional and Convertible Real Estate. I (15) "Homeowners Aa.oclatlon" means the Geneva Place Condominium Association, an unincorporated association 1 of persons who are owners of Units in the Condominium. ` (16) "Land" mean. the land described In Exhibit "A" attached hereto and Incorporated herein. In the event of ,he exercise of Declarant's Special Hight to add Audi- ' tional Real Estate, "Land" will mean the land described In j Exhibit "A" together with any of the land described in Exhibit -Be which as been added to the Condominium by j Declarant`. exerel5e of Its Special Declarant Right. (17) "Limited Common Elements" means portions of the Common Elements allocated to the exclusive use and eoj.".nt of a sp..Ifl. Unit or limited number of Units. (19) "Ma]orlty" or "Majority of the Unit Duners" means the owners of more than fifty percent (50;) of the Common Elements. (19) "Mortgagee" means any lender holding a first mortgage encumbering any Unit. (20) "Parcel" means any of the percale of real property described in Exhibits "A" and -Be to this Declara- tion. (21) "Percentage Interest" means each Unit Owner's undivided ownership interest In the Common Elements as set forth In Exhibit "C" attached hereto and Incorporated h ere in. -4- 17 1s 3mE 1000 I (22) "Person" means a natural Individual, corpora- tion, partnership, association, trustee, or other legal entity. (23) "Plats and Plans" means the Plats and Plans incorporated herein and recorded simultaneously herewith. (24) "Property" means the Land with all easements, rights and appurtenances thereunto belonging and the Build- ing or buildings constructed thereupon. (25) "Resident" means any lawful occupant of a Unit except a Unit Owner, Including lessees under lease from a Unit Owner. (26) "Rules and Regulations" means rules and regulations promulgated by the Executive Board in accordance with the Condominium Documents and the Act. (27) "Special Declarant Rights" or "Declarant's Special Rights" means the reservation of option or other rights for the benefit of the Declarant as provided In Section 3103 of the Act, Including the right to add Addl- tlor.al Real Estate and convert Convertible Real Estate. (28) "Unit" means a Unit as described herein and in the Plats and Plans. (29) "Unit Designation" means the number, letter or combination thereof designatleg a Unit on the Plan. (30) "Unit Owner" means the person or persons owning a Unit In fee simple. (31) "Permitted Mortgage" means a first mortgage to (1) the Declarant; (it) the seller of a Unit; (111) a bank, trust company, savings bank, savings and loan associa- tion, mortgage service company, insurance company, credit union, pension fund, or like Institutional Investor or lender; and (iv) any other mortgagee approved by the Execu- tive Board. A holder of a Permitted Mortgage is referred to hereln as a "Permitted Mortgagee". (32) Any term undefined herein shall have the meaning specified or used in the Act. -5- ARTICLE II BUILDING ON THE LAND, UNIT BOUNDARIES Section 1 - Location of building The location, dimensions and area of the Building are shown on the Plat. The lo^ations, dimensions and areas of the eaildicgs and Units subject to the Declarant's Special Rights to add Additional Real Estate and to convert Convert- lble Real Estate are shown on the Plot. No assurances are given as to the general description of all other Improve- ments and Limited Common Elementa that may be made or erected upon or created on any portion of the Additional or Convertible Real Estate. Section 2 - Location of Units and Percents a Interest In the om mon Elementa The location, dimensions and area of. the Units within the Building are shown on the Plans as attached hereto and marked Exhibit "E". A list of all Units, their respective Identifying numbers and the Percentage Interest in the Common Elements to each Unit are shown on Schedule "C", attached hereto. The total undivided interests In Common Elements assigned to all Units shall at all times aggregate one hundred percent (100F)• In the event the Declarant exercises his Special Declarant Rights to add Additional Real Estate or convert Convertible Real Estate the Percent- age Interest in the Common Elements shall be recalculated. Section 3 - Location of Common_ Elements The locations of the Common Elements are shown on the Plats and Plans. Balconies, terraoei, patios and fences, it any shown adjacent to any Unit are Limited Common Elements appurtenant to such Unit. Section 4 - Unit Boundariea Each Unit consists of the space within the following boundaries, (a) Upper and Lower (Horizontal) Boundaries, The upper and lower boundaries of the unit shall be the follow- ing boundaries extended to an intersection with the vertical boundaries, -6- ?c1.C 3t7 o"1002 (1) Upper Boundary: The horizontal plane of the bottom surface of the concrete ceiling slab or wooden surface constituting the ceiling of the Unit. (2) Lower Boundary: The horizontal plane of the top surface of the concrete slab or wooden surface constltut- fee the. floor of the Unit. (b) Perimetric (Vertical) Boundarles: The perlmetrle boundaries of the Unit shall be the vertical planes, extended to intersections with the upper and lower boundaries, formed by the Unit-side (inside) surface of the walls which surround the Unit and including front and back donee and windows. (c) Balconies, terraces, patios, and fences, if any, as set forth In the Plats and Plans are Limited Common Elements allocated solely to the unit to which It Is appurte- nant. The boundary of such Limited Common Elements shall extend beyond the exterior perimeter wall out to the vertl- cal plane made by the inside surface of the perimeter fences or walls, if any, on said balcony, terrace or patio. The horizontal floor surface of said Unit shall prescribe the lower boundary of the balcony, terrace or patio and the horizontal surface of the plane created by a horizontal extension of the Unit's ceiling shall prescribe the upper boundary of the balcony, terrace or patio. The air space over the balcony, terrace or patio, thus described, shall constitute part of the Limited Common Elements. The wall and windows, if any, between the balcony, terrace and patio and the rest of the Unit shall be a Limited Common Element. (d) Each Unit shall Include the items within the boundaries as described in Paragraphs (1) and (3) of Section 3202 of the Act and shall have the benefit of the use of the Limited Common Elements described In Section 3202 of the Act, or designated on the Plans, as being allocated to such Unit. (e) The Unit identification numbers are shown on the recorded Plat and Building Plans and in Exhibit "C". (f) If any chute, flue, duct, wire, pipe, conduit, bearing wall, almdow, door bearing column or other fixture or structural element lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, any any 9action thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. -7- U1f13 Flu (g) Subject to the provisions of Paragraph (f) above, all spaces, Interior partitions and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. Interior partitions may be moved, removed or replaced only upon prior written approval of the Executive Board, which shall not he withheld unreasonably. In the event a Unit Owner does move, remove or replace any interior partitions, no amendment of the Plats and Plans shall be necessary. Section 5 - Maintenance Responsibilities Notwithstanding the ownership of the various portions of the Common Elements and the Units by virtue of the foregoing boundary descriptions, the Units and Limited Common Elements shall be maintained and repaired by each Unit Owner and the Common Elements maintained by the Associa- tion in accordance with the provisions of Section 3307 of the Act. All expenses associated with the maintenance, repair and replacement of a Limited Common Element shall be paid by the volt owner to which such Limited Common Element was assigned at the time the expense was Incurred. If such Limited Common Elements are not kept in good repair the Association may do se and charge the cost tnereof plus a 10% service fee against the Unit Owner as a common expense. Section 6 - Relocation of Unit Boundaries and Subdivision of Units Relocation of boundaries between Units (with the consent of the Executive Doard) will bo permitted subject to eempliacce with the provisions In Section 3214 and 3215 of the Act. ARTICLE III VOTING AND COMMON EXPENSES Section i - Voting (a) At any meeting of the Association, the Unit Owners of each Unit, collectively, shall be entitled to cast one (1) vote, whether a tee-bedroom Unit or a one-bedroom Unit or a three-bedroom Unit. (b) In the event the Declarant exercises its right to add Additional Real Estate or to convert Convertible Real Estate, the Unit Owners of each added or converted Unit shall be collectively entitled to one (1) vote per Unit, -8- tyb, M7 hWEIMI whether a two-bedroom Unit or a one-bedroom Unit or a three-bedroom Unit. Section 2 - Common Expenses (a) Co.... expenses shall be assessed pro rata against each Unit In accordance with the percentage ownership as shown in Exhibit "C". (b) In the event the Declarant exercises its Special Declarant's Rights to add Additional Real Estate or convert Convertible Real Estate, the Common Expenses assessed against each completed Unit shall be determined by dividing ' the Common Expenses by the revised number of Units in the Condominium. ARTICLE IV USE RESTRICTIONS Section 1 - Use. Purposes and Restrictions The uses of the Property, and the purposes for which the Building and each of the Units therein and Common Elements are Intended, shall be in accordance with the following provisions and shall apply also to Units con- structed upon Additional Real Estate and upon Convertible Real Estate: (1) Use of Units. (a) Each Unit shall be used solely as a residence for one family; however, this shall not affect Declaran0 s Special Rights in regard thereto. (b) Unit Owners may lease their Individual Units. Any lease of a Unit shall be in writing and shall have a clause making any substantial and material breach of the Condominium Documents a breach of said lease. All leases Shall be in writing and shall have a minimum Initial term of a least six (6) months. The Declarant shall be entitled to lease Units owned by it, and in the event or its exercise of the Special Declarant Rights to add Additional Real Estate and/or to convert Convertible Real Estate, Declarant may lease such Units. Rental of Declarant owned Units shall not require Executive board approval. (o) No advertising signs may be displayed on the Property. A "For Sale" sign may be displayed provided it be -9- 00 5 e+t[ U no larger than two (2) feet in width by four (4) feet In length. The sign and its location most be approved in writing by the Executive Board prior to display. (d) Bo Industry, business, trade, occupation or profession of any kind, be it commercial, religious, educa- tional or otherwise, may be conducted, maintained or per- mitted oa any portion or the Property. No use or practice shall he permitted In a Unit or in the Common Elements which would be a nuisance to Unit Owners and Residents, or which Interferes with the peaceful possession and proper use of the Property by its Unit Owners and Residents. hil laws, zoning ordinances and regulations of all governmental bodies having lur i sdietion thereof shall be observed. (2) Steraaa Use: Insurance Rates, without prior written approval of the Executive Board, nothing shall be done or kept In any Unit or in the Common Elements which might Increase the rate of Insurance coverage for the Common Elements and/or for lndivldual Units or their respective contents beyond the normal rates applicable for residential dwellings. he Unit Owner or Resident shall do or permit to be done or kept in his Unit Or in the Common Elements or Limited Common Elements anything which .111 result in the cancellation of lnsurance on the Common Elements anything which will result in the cancellatlen of lnsuraoce on the Common Elements, individual Unl is or their respective contents, or Which will be In elolatlon of any Is., ordi- nance or regulation. No refuse shall be permitted in the Common Elements. There shall be no obstruction of the Common Elements nor shall anything be stored In the Common Elements without the prior consent of the Executive Board. (3) Offensive Activities. No noxious or offeosive activities shall be carried on In any Jult or In the Common Elements nor sbell anything be done therein either willfully or negligently which may be or become an unreasonable annoyance or nuisance to the other Unit Owners or Residents. (4) Structural Integrity. Nothing shall be done to any Unit, or to, or In the Common Elements which would impair the structural integrity of the Building or which would structurally alter the Building. (5) Use of Common Elements. The Common Elements shall be used L: the manner contemplated by the Condominium G...... Is. _10_ ?vs 2!7 wa 1 Uf, (6) Powers of Executive Board to Enforce. The Execu- tive Board shall have the power to make such Rules and Regulations as may be necessary to carry out the intent of the Condominium Documents, and shall have the right to bring lawsuits to enforce the Rules and Regulations promulgated by the Executive Beard. The Executive Beard shall have the right to levy fines for violations of the Declaration, Bylaws and Rules and Regulations, provided that the fine for a single violation may not exceed Twenty-Five Dollars ($25.00) for each day the violation continues after notice has been given. Any fine so Imposed shall have the effect of an assessment and collection may be pursued by the Executive Board in the same manner as the collection of Common Expenses is pursued. ARTICLE V EASEt1ENTS In addition to and in supplementation of the easements provided. for by sections 3216, 3217 and 3218 of the Act, the following easements are hereby created: Section 1 - Utility Easements - Right of Enter The Units and the Common Elements shall be, and are hereby, made subject to easements In favor of the Declarant, the Unit Owners and the Association, appropriate utility and service companies and governmental agencies or authorities far the installation and service of such utility and service lines and equipment as may be necessary or desirable to serve any portion of the Property. The easements created In Lhis Section shall Inc lode, without limitation, rights of Declarant, the Unit Owners and the Association, or any utility company providing utility or service, or governmental agency or authority to Install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits, water mains and pipes, sewer and drain lines, telephone wires and equipment, television equipment and facilities, electrical wires, conduits and equipment and ducts and vents over, under, through, along and on the Units and Common Elements. Unless approved In writing by the affected Unit Owners, the locations of easements through Units shall not be substan- tially altered so as to materially interfere with the use or occupancy of a Unit, but rather such easements shall remain as close as reasonably possible to their locations at the time of the first conveyance of the Unit by the Declarant. 41- 3J1. ??].'i' iltf LU(1 i Section 2 - Encroachments and Support Each Unit and the Common Elements shall be subject to an easement for encroachments created by construction, settling and overhangs as designed or constructed. An easement for said encroachments and for the maintenance of same, so long as they stand, shall and does exist. In the event that the Building is partially or totally destroyed and then rebuilt, the Unit Owners of the Units so affected covenant that minor encroachments of parts of the adjacent Units or Common Elements due to removal, replacement, or construction shall be permitted and that an easement for said encroachments and the maintenance thereof shall exits. Every portion of a Unit contributing to the support of an abutting Unit shall be burdened with an easement of support for the benefit of such abutting Unit. An easement shall and does exist In favor of each Unit Owner to make reason- able use, not Inconsistent with the terms of this Declare- ilea, of the exterior wall of any adjoining Unit where the outer unfinished surface of such wall shall serve and separate any portion of such adjoining Unit, nothitthstand- Ing the inclusion of such x811 within the vertloal bounda- ries of auch adjoining Unit. Section 3 - Pedeatrlan Easements There 1s hereby created an easement for a pedestrian right-of-way over and across the Common Element,, for the purpose of pedestrian passage by all persona lawfully upon the Common Elements. An easement is hereby reserved to Declarant to enter the Common Elements to construct and .-total, such facilities and perform such operations as may be rc,s...bly required, non vent ant .r Inn ldcn tai to the c ons Cruetlon of the Bullding, provided nothing hereln shall be deemed to increase the obligations of the Declarant hereunder. Section 4 - Emergencies, Repair There is hereby created a blanket easement to the Assoclatlon, its officers, agents and employees, to any manager employed by or on behalf of the Association and to all policemen, firemen, ambulance, governmental and utility company personnel and all other similar persons to enter upon the Property or any part thereof In the proper performan^.a of their respective duties and for repair and maintenance of Common Elements and Limited Common Elements. Except in the event of emergencies, the rights accompanying the easements provided for in this Article shalt be exercised -12- e;'r S 1 7 rue 1110A only during reasonable daylight hours and them, whenever practicable, only after advance notice to, and with the permission of the Unit Owner or Unit Owners directly affected thereby. Section 5 - Pipes, Ducts Cables. Wires, Conduits. Public Uti ll Ly Lines and Othef Common Clements Located Inside Units Each Unit Owner shall have an easement in common with the other Unit Owners to use all pipes, wires, ducts, cable,s conduits, public utility lines and other Common Elements located in any of the other Units and serving his Unit. Each Unit shall be sOblect to an easement in favor of all the other Unit Owners to use the pipes, ducts, cables, wires, conduits, public utility lines and other Common Elements servicing such other Unit and located in a Unit. The Association shall have the right of access after written notice to the Unit Owner to each Unit and to inspect the same, to remove any violations as set forth. in this Declara- tion as from time to time In effect, and to maintain, repair or replace the Common Elements contained therein or elsewhere In the Building. Section 6 - Use of Common Areas Each Unit Owner shall, by virtue of his holding title to a Unit, become a member of the Unit Owner's Association, which membership shall run with Title to the Unit and may not be separated therefrom. Each Unit Owner, by virtue of his membership in the Unit Owner's Association, shall be bound by the said Declaration of Covenants, Conditions and Restrictions and by the By-Laws of the Association, as they may be amended from time to time. Such Association membership shall entitle each Unit Owner to use the Common Areas in accordance with Homeowner's Association rules and restrictions. Section 7 - Expenses The Declarant, for each Unit owned, hereby covenants, and each subsequent Unit Owner, by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, Is deemed covenant and agree to pay to the Unit Owner's Association or its designee, such assessments and/or charges as may be levied by the Unit Owner's Association. Such assessment and/or charges shall run with the land and shall be a continuing lien upon the Unit or Units against -13- "rt NNl!4 which such assesaments and/or charges were made. Such assessments and/or charges may be asseased or enforced in accordance with the terms and conditions of the Declaration of Covenants, Conditions and Restrictions. ARTICLE VI SPECIAL DECLARANT RIGHTS section i - D 1 ot'^ Right to Add Additional Reel Estate (a) For a period of seven (7) years, beginning on the date of the recordation of this Declaration, Declarant reserves the option to add the parcel more particularly described In Exhibit "Bs and attached hereto, to this Condominium. This option entitles the Declarant to exercise this option In regard to the Parcel, and at whatever time it deems appropriate. The Property descriptions of the affected Parcel Is contained in Exhibit 'b' to this Declaration and Is shown on the Plata. The Declarant makes no assurances as I. the extent to which leas than a complete Parcel may be added. (b) In the event a ouilding has been constructed on any of the designated Additional Real Estate prior to its addition to this Condominlum, the number of Units so con- structed sbell not exceed the number p.,allied had the Declarant chosen to first add Additional Real Estate and then to convert Convertiple Neal Estate; provided, Declarant reserves the right to determine the number and allocation of ona-bedroom Units, if any, and/or two-bedroom Units, if any, and/or three-bedroom Units, it any, to be attest. to such Building. (c) In the event a building has been constructed upon any of Lhe designated Additional Real Eetate prior to Sts addition to this Condominium, this building shall be gener- ally compatible with the other Bulldingr. and Units in the Condominium in terms of architectural style, quality of construction, principal materials employed In construction and size. No assurances are made that any Limited Common Elements constructed on Additional Real Estate prior to !is addition to the Condominium will be appro. lmately equal to the proportion existing within other parts of the Condomin- ium. No assurances are made as to the location(s) of any build Ieg or Improvements constructed on any real estate sub,; act to Special Declarant Rights. Further, no assurances are made as to the number and allocation of one-bedroom -14- ?5?d 1': yrg10f0 Units, if any, or two-bedroom Units, if any, and/or three- bedroom Units, if any, to be located in said Building. (d) Declarant is authorized to execute and record the Condominium Documents necessary to effectuate the exercise of its Special Declarant Night to add Additional Heal Estate to this Flexible Condominium. (e) In the event Declarant falls to exercise Its option to add Additional Neal Estate during the option period, any positive assurances given as required by Section 3206 of the Act will be rendered null and void and of no effect. Section 2 - D la ant's Night to Convert Convertible Neal Estate (a) For a period of seven (7) years, beginning on the date of the recordation of this Declaration, Declarant creates the right and reserves the option to convert Israel No. 2 more particularly described In Exhibit ^B" attached hereto and thereupon to construct. no more than two (2) additional buildings containing not more than forty-eight (e8) additional Units. This option entitles the Declarant to exercise this option In regard to such Parcel at whatever time It deems appropriate. The Declarant makes no assurances as to the extent to which less than is complete Parcel may be converted. (b) The maximum number of Units to be constructed on the Parcel In the event of Declarant's exercise of Its option to add Additional Neal Estate and/or to convert c,,,, wort Lb I, Feal Estate is forty - eight ( 48) provided D,alar- ant reserves the right to determine the number and alloca- tion of one-bedroom Units, if any, and/or two-bedroom Units, if any, and/or three-bedroom Units, if any, to be situate In said Buildings. (c) The Bulldings, Limited Common Elements and Units which may be constructed on such Parcel in the event of Declarant's exercise of its option to convert Convertible Neal Estate will be generally compatible with Buildings and Units of Buildings and in the Condominium In terms of architectural style, quality of construction, principal materials employed In construction and size. No assurances are made that any Limited Common Elements constructed on Convertible Neal Estate will be approximately equal to the proportion existing within other parts of the Condominium. No assurances are made as to the location(s) of any building -15- _.,: ;: fl 1':0011 or Improvements on any of the real estate subject to Spacial Declarant Bights. Further, me assurances are made as to the number an allocation of one-b.dv.cmo if any, and/or two- bedroom Units, if any, and/or three-hedroca Units, It any, to be located In said Buildings. (d) Declarant Is authorized to execute and record the Condominium Documents necessary to effectuate the exercise of Its Special Declarant Rl;ht to convert Convertible Real Estate in this Flexible Condominium. Section 3 - Declarant'1 ht to Maintain Sales and More Remcut D Nse Models and Signs (a) Declarant reserves the right and the option to maintain sales and management offices in any portion of the Common Elements or In any Unit it owns and deems appropriate. This shall be in effect at any time Declarant owns one (1) or more Unit, in the Condominium. (b) Declarant reserves the right to maintain one (1) or more model units in any of Its Units in the Condominium as it deems appropriate. This right shall be I. effect at any time Declarant own, one (1) or more Units in the Condo- minlum. (c) Declarant reserves the right to maintain signs advertising the availability of Units. These signs may be placed on any portion of the Common Elements. This right shall be In effect at any time the Declarant owns one (1) or more Units in the Condominium. Section 11 = DeclaraW a Ridht to Ent^r the Common Elements (a) The Declarant reserves the right' to enter the Common Elements for the purpose of masing Improvements within the Condomintum or within any Additional Real Estate or Convertible Real Estate. This right shall continue to effect throughout the period of the options. Section 5 - Declarant's Reservation of Miscellaneous Special Declarant Rights Declarant reserves any and all other Special Declarant Rights not specifically reserved In this Declaration but permitted by the Act. The duration of such reservations Shall be Identical to the maximum periods permitted by the het. -16- '-V! 5rIill2 Section 6 - No Declarant Obllgations to Build Nothing contained In this Declaration, the Bylaws or the plats and Plans shall be deemed to Impose upon the Declarant or Its successors or assigns any obligation of any nature to build, construct or provide any buildings or Improvements on any particular locations, except to the extent required by the Act. Only the construction and improvements (labeled as MUST BE BUILT) shown on the Plats and Plans at Exhibit "A" will be constructed. The remainder of the construction and improvements shown on the Plats and Plans NEED NOT BE BUILT. Section 7 - Termination or Special Declarant Rights (a) Any of the Special Declarant Rights reserved by this Declaration or by the Act may be terminated prior to Its normal expiration by the Dec larant's recordation of appropriate Amendments to the Condominium Documents. This right to. terminate may be exercised by the Declarant at will and Is not subject to approval by the Unit Owners. (b) Declarant shall be authorized to execute and record the required Condominium Documents In order to effectuate the exercise of its right to terminate any of Its Special Declarant Rights prior to its normal expiration date. (c) The exercise of a Special Declarant Right relative to a particular Parcel shall not cause the termination of Lhat right relative to any or all of the remaining Parcels. (d) Any of the Special Declarant Rights reserved in this Declaration or created by the Act shall be subject only to those limitations cantalned In this Declaration and In the Act. ARTICLE VII POWERS OF ASSOCIATION. RESERVES, ASSESSMENTS Section 1 - Reserve Accounts The Association shall have the power to create working capital, reserve for replacement, and contingency accounts, and to assess tUo Unit Owners for contributions to the said accounts. -17- W li? 0.; 11 W , , Section 2 - Exterior Maintenance In addition to maiatenance upon the Common Elements, the Association shall as a Common Expense provide exterior maintenance upon the Building as followai paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces and other exterior improvements. such exterior maintenance shall not Include glass surfaces or doors, Unit doors and window fixtures, balconies and patios. In the event that the need for maintenance or repair Is caused through the willful or negligent act of the Unit Owner, Resident or their family, guests, or Invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Unit is subject. Settle. 3 - Assessment of Chargee All some assessed by resolutions duly adapted by the Executive Hoard against any Unit for its share of Common Expenses or any fine Imposed against a Unit Owner shall constitute a lien against that Unit In accordance with Section 3315 of the Act and also shall be the personal liability of the Unit Owner so assessed. Unit Owners shall be obligated to pay interest at the rate of ten percent (1041 per annum from the due date on all late payments of assessments. Such unpaid assessments shall constitute a lien against such Unit which shall be enforceable as pro- vided in the Act or as otherwise permitted by law. Pro- vided, to the extent permitted by the Act, the lien for any ouch assessment Is hereby expressly °,ubordlnated I. time, lien and priarlty to the first lien mortgage of a LlorLgagee. Section 4 - Method of Enforcing Charges Any charge assessed against a Unit may be enforced by suit by the Association acting on behalf of the Unit Owners In an action to assumpsit or by enforcement as a lien In accordance with the Act, or both. Any judgment against a Unit and Its Owner shall be enforceable In the same manner as I. otherwise provided by law. The Assoclatlon may bring an action at law against the Unit Owner personally obligated to pay the same, or foreclose the lien against the Unit as provided in the Act. The Association, acting on behalf of the Unit Owners, shall have the power to bid for an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. No Unit Owner may waive or otherwise escape liability -la- 21 17 iv.( 101 1 for the assessments provided for herein by non-use of the Common Elements or abandonment of his Unit. Section 5 - Unpaid Assessments at Time of Voluntary Sale of Unit Upon the voluntary sale or conveyance of a Unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for Common Expenses which are a lien or charge against the Unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the grantee's right to recover from the grantor the amount of any such unpaid assessments which the grantee may pay, and until any such assessments are paid, they shall continue to be a charge against the Unit which may be enforced In the manner set forth herein. Any person who shall have entered into a written agreement to purchase Unit shall be entitled to a resale certificate as required by the Act. Section 6 - Uncollectlble Assessments Any delinquent amount which the Association determines cannot be collected from a former Unit Owner may he reassessed by the Association as a Common Expense to be collected from all of the Unit Owners, including a subsequent purchaser of the Unit. Section 7 - Confession of judgment In order to exp cdi.Le the Executive Board's collection of any dclinyuent assessment, each Unit Owner (by the acceptance of the deed to his Unit shall be deemed to have appointed any one or more Executive Board Member the Attorney- in-Fact for such Unit Owner to confess judgment against such Unit Owner in any court of competent jurisdiction In Pennsyl- vania, for any such unpaid assessment(s), which appointment (being for security) shall be Irrevocable; and for so doing a copy of this Article VII and said deed, both verified by affidavit, shall be irrevocable; and for so doing a copy of this Article VII and said deed, both verlfied by affidavit, shall be a sufficient warrant. The authority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until the Declaration shall be terminated. -19- _; 3t%a_[IU? ARTICLE VIII UNITS SUBJECT TO DECLARATION. BYLAWS Section All present and future Unit Owners, Residents of Units, Lessees, Mortgagees and their agents and employees, and any other person who may occupy a Unit or utilize the facilities of the condominium shall be subject to and shall comply with the provisions of this Declaration and the Bylaws, as they may be amended. The acceptance of a Deed or the execution of a lease or contract conveying an Interest in, or the occupancy of, any Unit shall constitute an agreement to be so bound. ARTICLE IX SEVERABILITY Section I In the event that any provision of the Condominium Documents Is determined to be Invalid or unenforceable, it shall he considered severed and shall not be deemed to Impair or affect in any manner the validity, enforceability or effect of the remainder of the Condominium Documents and, In such event, all of the other prov"Ions of the Condominium Documents shall continue in full force and effect as if such invalid provielon had never been lncluded herein. In the event of any ca flt,L belueen the Ccnd om tnlum Documents and the Aek, the Act shall control, excepting to those instances where the Act by its terms, author Led the variation of Its provisions, and In such case the Condominium Documents shall control. ARTICLE X WAIVER Section 1 No provision contained to the Condominium Documents shall be deemed to have been waived by reason of a failure to enforce same, irrespective of the number of violations or beaches which may occur. -20- t°??. '1 % ?,rYlllli ARTICLE XI GENDER: SINGULAR AND PLURAL Section 1 The use of the masculine gender Sn the Condominium Documents shall be deemed to refer also to the feminine gender and the use of the singular shall be deemed to refer also the plural and vice versa, unless the context requires otherwise. ARTICLE TIT TERMINATION Section 1 The Condominium may be terminated In accordance with Section 3220 of the Act, provided no such termination shall be effective unless the same is executed by all of the Unit Owners and by the holders of all mortgage, judgments, or other liens affecting the Units. ARTICLE XIII INSURANCE Section 1 The Association shall insure the Common Elements against less or damage by fire and such other hazards as required by Section 3312 of the Act and as the Executive Board may deem appropriate, without prejudice to the right of each Unit Owner to maintain insurance of his own Units. The premiums for such insurance on the Common Elements shall be deemed a Common Expense. ARTICLE XIV MECHANICS'- LIENS Section I Any mechanics' liens arising as a result of repairs to or improvements of a unit by or on behalf or a Unit Owner shall be liens only against such Unit. Any mechanics' liens arising as a result of repairs to or improvements of the Common Elements, If authorized In writing pursuant to a duly _21_ adopted resolution of the Executive Board, shall be paid by the Asaoclatlon and assessed as a Common Expense. ARTICLE XV AMNDWNT OF DECLARATION Section 1 Except as otherwise permitted by Section 3219 of the Act, thin Declaration may be amended only by vote of Unit Owners of Units to which at least sixty-seven percent (67$) of the votes in the Association are allocated, in person or by proxy at a meeting duly held In accordance with the Bylaws, provided that any Amendment affecting Special Declarant Rights most be approved by the Declarant. Any such Amendment most be approved in writing by any mortgagee holding mortgagea which oom prise the first liens on five (5) or more Units. Subject to Section 3221 of the Act, no amendment may be made, following recordation hereof, which would have the effect of causing a change In the Unite or a change in the Percentage Interest In the Common Elements allocated to the Uni is except by the recording of an amend- ment duly executed by all Unit Owners affected thereby and their mortgageeai except, that nothing herein shall LLmit or otherwise affect the right of Declarant to add Additional Real Estate and/or convert Convertible Real Estate or withdraw Withdrawable Real Estate and thereby affect Percent- age Interest I. the Common Elements allocated to the Units. ARTICLE XVI REAL. ESTATE TAXES Sectlon i It In understood that real estate taxes are to be separately assessed and taxes to each Unit Owner for his Unit and its corresponding Percentage Interest In the Common Elements, as provided In the let. For the year In which this Declaration is first recorded, real estate taxes shall be apportloned between Declarant and each Unit Owner on a calendar year basis. In the event that real estate taxes for any year are not separately assessed against each Unit owner, but rather are assessed against he Property as a whole, then each Unit Owner shall pay bin proportionate share thereof In accordance with his respective Percentage Interest in the Common Elements, and, in said event, such taxes shall be a Common expense. The Executive Board shall _22- 35UR 21; 71:C1111P have authority to advance Association funds In payment of all or a portion of such taxes pending receipt from the respective Unit Owners of their proportionate share thereof. ARTICLE XVII RICNT OP PERMITTED MORTGAGEES Section 1 - Reports and Notices Upon the specific written request of a Permitted Mortgage or Its servicer to the Executive Board, the Per- mitted Mortgagee shall receive some or all of the following as designated in the request: (a) Copies of budgets, notices of assessments, or any other notices or statements provided under this Declaration by the Executive Board to the Owner of the Unit covered by the Permitted Mortgage; (b) Any audited or unaudited financial statements of the Association which are prepared for the Association and distributed to the Unit Owners; (c) Copies of notices of meetings of the Unit Owners and the right to be represented at any such meetings by a designated representative; (d) Notice of the decision of the Unit Owners to make any material amendment to this Declarctlonl (e) Notice of substantial damage to or destruction of any Unit (the repair of which would cost in excess of $1,000) or any part of the Common Elements (the repair of which would cost in excess of $10,0001 (f) Notice of the commencement of any condemnation or eminent domain proceedings with respect to any part of the Property; (g) Notice of any default by the owner of the Unit which is subject to the Permitted Mortgage, where such default is not cured by the Unit Owner within thirty (30) days after the giving of notice by the Association to the Unit Owner of the existence of the default; (h) The right to examine the books and records of the Executlve Board at any reasonable time; or _y3_ v?7r: .i 1;' il7t 11119 (1) Notice of any dealslon by the Executive Hoard to terminate professional management and assume self-management of the Property. She request of a Permitted Mortgagee or its servicer shall specify which of the above Items It desires to receive and shall indicate the address to which any aetices or documents shall be sent by the Executive Board. The Execu- tive Board need not Inquire Into the validity of any request made by a Permitted Mortgagee hereunder. Failure to comply with the requirements set forth above shall In no way invalidate otherwise proper fictions of the Association and the Executive Board. -ARTICLE XVIII MORTGAGES Section I - Permitted Mortgages A Unit Owner other than the Declarant or the Executive Board may not voluntarily encumber or subject his or its Unit to any lien, other than the lien of a Permitted Mortg- age. All such Permitted Mortgages and the obligations secured thereby shall be deemed to provide, generally, that the Permitted Mortgage and the rights and obligations of the parties thereto shall be subject to the terms and conditions of the Act, this Declaration and the bylaws, and shall be deemed to provide specifically, but without limitation, that the Permitted Mortgage shall have no right (a) to partlcl- pate to the adjustment of le sses with Insurers or In the decision as to whether or not or how to repair or restore damage to or destruction of the Property, (b) to receive or apply the proceeds of Insurance to the reduction of mortgage debt or otherwise, except In the evert and to the extent of a dl stribution thereof to Unit Owners upon the happenings of either a termination or of insurance proceeds being received in excess of the cost of repair or restoration, or (c) to accelerate the mortgage debt or to have any other remedies by virtue of waste or alleged waste or other conditions occurring any where on the Property ether than within the affected Unit, and the obligation secured shall be pre- payable, without penalty, upon the happening of any terml- natlon as aforesaid. No Unit Owner shall deliver any mortgage, or any obligation to he secured thereby, unless It has first notified the Executive Board of the name and address of the proposes mortgagee and of the amount of the debt proposed to be so secured. When such a Permitted -24- Z L;' iN!I(P1 Mortgage Is delivered to the Permitted Mortgagee, the Unit owner shall simultaneously provide executed or conformed copies to the Executive Board, Upon receipt of such copy of a Permitted Mortgage, the Secretary of the Executive Board shall instruct the Insurer of the Property to add the name of the Permitted Mortgagee to th mortgagee loss payable provisions of the hazard Insurance policy covering the property and to provide such Permitted Mortgagee with a Certificate of Insurance showing that the Permitted Mortg- agee's name has been so added. The lien or and purported mortgage which does not comply with all the requirements Of this Article XVIII shall not attach to or affect the Property or any part thereof or interest therein and shall be of no force and effect as and to the extent that it purports to relate thereto. The Secretary shall maintain a register of such Permitted Mortgages, showing the names and addresses of the Permitted Mortgagees and the amount secured thereby. ARTICLE XIX LIABILITY ABU INDEMNIFICATION Section 1 - Llab ill tv of Executive Boa rtl and Officers The members of the Executive Board and Officers of the Association, including those selected by the Declarant, shall not be liable to the Unit Owners for any mistake of ,Judgment, negligence or otherwise, except for their own Individual willful misconduct Or bad faith. The members of the Executive Board shall have no personal liability with respect to any contract made by them on behalf of the Assoofatlen oxcept as Unit Owners' provided, however, and notwlths Aending any other provisions hereof, that members of the Executive Board appointed by the Declarant shall be liable, In accordance with Section 3303 of the Act, to the Unit Owners as fiduciaries thereof. The liability of any Unit Owner arising out of any contract made by the Executive Board shall be limited to such proportion of the total liability thereunder as his interest in the Common Elements bears to the Interests of all the Unit Owners in the Common Elements. At the option of the Executive Board, agreements made by the Executive Board on behalf of the Association may provide that the members of the Executive Board are acting only as agent for the Association and that the Executive Board shall have no personal liability thereunder except as Unit Owners and that each Unit Owner's liability thereunder shall be limited to such proDOrtlon of the total liability thereunder as his Interest In the Common glements bears to the interest of all Unit Owners in the Common Elements. -25- __x 3C; r::°11171 Section 2 - Indemnification The Association and/or the Unit Owners shall Indemnify, protect and hold harmless any member of the Executive Board or officer of the Assoclatlon, Including those selected by the Declarant, and his personal representatives, subject however to Section 3303 of the Act, from and against any and all personal liability, and all expenses including counsel fees, Incurred or Imposes, or arising out of or in settle- ment of any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, instituted by any one or more Unit Owners or any other persons or entitles, to which such member of the Executive Board of office shall be made a party. In the event that such liability or expense shall he attributable to his willful misconduct, gross negligence or bad faith, the foregoing shall be Inapplicable. Such right of indemnl- ficatlon shall not be deemed exclusive of any other rights to which such Executive Board Member or officer may be entitled as a matter of law, agreement or vote of Unit Owners or of,the Executive Board, or otherwise. The indemni- fication by the Association shall be paid by the Executive Board and shall constitute a Common Expense. Section 3 - Purchase of Liability Insurance The Association may purchase and maintain Insurance on any present or former member of the Executive Board or officer of the Association for any liability asserted against bIm and Incurred by him I. any such capaclty or arising wt of his status whether or not the Assoclatlon would have the authority to Indemnify him for such liability under the provisions of this Section. Section 4 - Fidelity Bonds The Association may purchase and maintain fidelity bonds for all Executive Board Hemhera, officers and employees of the Association responsible for Association funds. The form and amounts of such fidelity bonds shall be determined by the Executive Board. IN WITNESS WHEREOF, the undersigned has hereunto set Its hand and seal this a day of MA y , 1984. MIT NES (k&2 I ohn E. roka ?993 ?]?i 7rj JU2J COMMONWEALTH OF PENNSYLVANIA ) 53. COUNTY OF t?n?ph'l71 ) On this the 64 day of "C"I 1984, before me, the undersigned, personally appeared JOHN E. SNOKA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument. and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _... ....,.. ,. n u .1 ,.'•.. Notary Public My Commission Expires: IMIL.LFAI[y'?(?'LIO?ITA.t[YY-plUBlq?'A.° YYAtQSI'160a 'u11LILhECI It uu . lu..l. y,,..w:;szu 4,ee?J,o M IAbiw EXHIBIT -A- LEGAL DESCRIPTION OF THE REAL ESTATE ALL THAT CERTAIN tract or parcel of land situate in the Town- ship of Upper Allan, County of Cumberland, Commonwealth of Pennsylvania, hounded and described as follows, BEGINNING at a Concrete Monument In the southern line of Geneva Drive, said Concrete Monument being the western terminus of An are connecting the said southern line of Geneva Drive and the western line of Hanroc Drive; thence along said are curving to the right having a radius of 20 feet, an are length of 31.42 feet, the chord of which is South 82 degrees, 23 minutes, 30 seconds East, a distance of 28.28 feet to a point In the western line of said Dacron Drive; thence along said line South 37 degrees, 23 minutes, 30 seconds East a distance of 195.11 feet to a point; thence continuing along the same by a curve to the left having a radios of 175.00 feet an are length of 107.23 feet, the chord of which is South 54 degrees, 56 minutes, 50 seconds East, a distance of 105.56 feet to a point; thence along other lands of Geneva Place South 52 degrees, 36 minutes, 30 seconds West, a distance of 189.54 feet to a point; thence along the same South 37 degrees, 23 minutes, 30 seconds East, a distance of 270.00 feet to a point; thence continuing along the lands now or formerly of George B. M. Wilson South 52 degrees, 36 minutes, 30 seconds West, a distance of 799.87 feet to a point; thence along lands new or formerly of Wayne D. Myers North 20 degrees, 59 minutes, 00 seconds West, a distance of 281.46 feet to a Concrete Monument; thence along lands known as Geneva Place, Phase II, North 52 degrees, 36 minutes, 30 seconds East, a distance of 1150.06 feet to a point; thenca continuing along the same North 37 degrees, 23 mIc.tle, 30 Acetone West, a distance of 245.00 feet to a point; thence continuing along the same North 41 degrees, 20 minutes, 35 aecends West, a distance of 36.31 fee. to a point in the southern line of said Geneva Drive, thenee along said line by a curve to the left having a radius of 825.00 feet, an arc length of 112.00 feet, the chord of which is North 39 degrees, 53 minutes, 55 seconds East, a dls tan ce of 111.91 feet to a Concrete Monomentl thence along the same by a curve to the right having a radius of 775.00 feet, an arc length of 224.52 feet, the chord of which Is North 44 degrees, 18 minutes, 32 seconds East, a distance of 223.73 feet to a point; thence continuing along the same North 52 degrees, 36 minutes, 30 seconds East, a distance of 33.64 feet to a Concrete Monument, the place of BEGINNING. 5j71 all iA'A(Q1 BEING a portion of a tract of land formerly known as Phase II, 1lanroc Gardens, recorded in Plan Book 37 at Page 128 of the Cumberland County Land Records. BEING a portion of a tract of land which R. A. Ortenzio by Deed dated April 15, 1980 and recorded April 17% 1980 In Deed Book "S", volume 28, Page 837 granted and conveyed unto Cedar Ridge Associates, Inc. SUBJECT to a mortgage from Cedar Ridge Associates, Inc, to First Federal Savings and Loan Association of Pittsburgh which mortgage is recorded In Mortgage Book 678, Page 113 of the Cumberland County Land Records, which mortgage is modified by a Modification of Mortgage recorded In Miscellaneous Book 283, Page 895. SUBJECT to Financing Statement No. 2013 from Cedar Ridge Associates, Inc. to Ryan Financial Services, Inc., recorded on November 29, 1982. SUBJECT to an Assignment of Lease from Cedar Ridge Associates, Inc. to Ryan Financial Services, Inc. which assignment Is recorded in Miscellaneous Hoak 281, Page 941 of the Cumberland County Land Records. SUBJECT to a Declaration of Covenants which is recorded in Miscellaneous Book 253, Page 16 of the Cumberland County Land Records. SUBJECT to a right-of-way to Liberty Square Condominium recorded In Mlscellaneous Book 262, Page 52 of the Cumberland County Land Records. SUBJECT to a right-of-way to Wilson Land Company recorded In Miscellaneous Book 262, Page 63 of the Cumberland County Land Records. SUBJECT to a rLght-of-way to B. A. Ortenxlo recorded In Miscel- laneous Book 283, Page 888 of the Cumberland County Land Records. SUBJECT to a right-of-way recorded In Miscellaneous Book 213, Page 926 of the Cumberland County Land Records. SUBJECT to an Agreement recorded in Miscellaneous Book 222, Page 542 of the Cumberland County Land Records. SUBJECT to a right-or-way and sewer easement recorded in M lsoslleneoua Book 225, Page Bog or the Cumberland County Land Beoords. SUBJECT to an Easement and Agreement recorded In Miscellaneous Book 225, Page 814 or the Cumberland County Land Records. UNDER AND SUBJECT to utility right-or-ways, easements, reatrla- tlona, reservations and conditions of record or otherwise vlstbla on the premises. soot 517 rats L02f, ExM1BIT "B" ADDITIONAL AND CONVERTIBLE REAL ESTATE ALL THAT CERTAIN tract or parcel of land situate In the Town- ship of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Geneva Drive said point being at the northwest corner of Phase I of Geneva Place Condominium; thence along the southern line of said Geneva Drive by a curve to the right having a radius of 825.00 feet, the chord of which 1s South 56 degrees, 20 minutes, 30 seconds West, an arc length of 361.52 feet to a concrete monument on the southern line of Geneva Drive; thence South 20 degrees, 59 minutes East along land now or formerly of Wayne D. Myers, a distance of 317.50 feet to a concrete monument; thence North 52 degrees, 36 minutes, 30 seconds East along other lands of Cedar Ridge Associates, Inc., a d""nee of 450.06 feet to a point at the soutbwestern corner of Phase I hereandbefore described; thence North 37 degrees, 23 minutes, 30 seconds West along Phase I of Geneva Place Condominium, a distance of 245.00 feet to a point; thence North 41 degrees, 20 minutes, 35 seconds West along other land of Phase I of Geneva Place Condominium, a distance of 36.31 feet to a point on the southern line of Geneva Drive being the point and place of BEGINNING. BEING a portion of a tract of land formerly known as Phase 11, Mearce Gardens, recorded In Plan Book 37 at Page 128 of the Cumberland County Land Records. BEING a portion of a tract of land which R. A. Grtenzio by Deed dated April 15, 1980 and recorded April 17, 1980 In Deed Book "X", Volume 28, Page 837 granted and conveyed unto Cedar Ridge Associates, Inc. SUBJECT to a mortgage from Cedar Ridge Associates, Inc. to First Federal Savings and Loan Association of Pittsburgh which mortgage is recorded in Mortgage Book 678, Page 173 of the Cumberland County Land Records, Which mortgage is modified by a Modification of Mortgage recorded in Miscellaneous Book 283, Page 895. SUBJECT to Financing Statement No. 2013 from Cedar Ridge Aasociates, Inc. to Ryan Financial Services, Inc., recorded on November 29, 1982. 6C9" ;I-, iV:fIW7 SUBJECT to an Asaignment of Least from Cedar Ridge Associates, Ina, to Ryan Financial 3ervioes, Ino. which assignment is recorded In Mlscellaneous book. 281, Page 941 of the Cumberland County Land Records. SUBJECT to a Declaration of Covenants which Is recorded in M"cellaneoua nook 253, Page 16 of the Cumberland County Land Rec ortl s. SUBJECT to a rlght-of-way to Liberty Square Condominium recorded in Mica ellaneous Book 262, Page 52 of the Cumberland County Land Records. SUBJECT to a right-of-way to Wilson Land Company recorded in Mlscellaneous Book 262, Page 63 of the Cumberland County Land Petards. SUBJECT to a right-of-we to R, A. Orten2lo recorded in Miscel- laneous Book 283, Page. 888 of the Cumberland County Land Records. SUBJECT to a right-of-Way reoorded In Miscellaneous book 213, Page 926 of the Cumberland County Land Records. SUBJECT to an Agreement recorded in Miscellaneous Hook 222, Page 542 of the Cumberland County Land Records. SUBJECT to a right-of-tiay and sewer easement recorded In Mlscellaneous Hook 225, Page 809 of the Cumberland County Land Records. SUBJECT to an Easement and Agreement recorded to Miscellaneous Back 225, Page 814 of the Cvmberland County Land Records. UNDER AND SUBJECT to ut111ty right-of-ways, easements, restrle- tlons, re s ervatlons andl eandltiona of record or otherwise vts lb le on the premises. ` alai. at P.eaeNvaaj. Coenry at Cembadand I SS C 1,'. -, ggc°etlee In the olllce lar the rocorMnp of Oax4 ? std,' e/nlor CUmbe,lane COUnry, PL ?p/? n I . n: t°*rBooF 311 Vol..?_ Pepe r r r 1.t wbness my bend and seal of alllee n }?? 1 1 \ 0.644 P . Ih.!? ?2.,) d,.1 la? ?t R.couiie buoy 1-7 iw 102'1? EXHIBIT "C" Schedule of Unit Identifying Numbers and Percentage Interests in Common Elements Building I Building II Unit Identifying Percentage Unit Identifying Percentage Number Interest ($) Number Interest (%) 1001-10 2.083 1002-10 2.083 1001-11 2.083 1002-11 2.083 1001-12 2.083 1002-12 2.083 1001-13 ' 2.083 1002-13 2.083 1001-20 2.099 1002-20 - 2.099 1001-21 2.083 1002-21 2.083 1001-22 2.083 1002-22 2.083 1001-23 2.083 1002-23 2.083 1001-30 2.083 1002-30 2.083 1001-31 2.083 1002-31 2.083 1001-32 2.083 1002-32 2.083 1001-33 2.083 - 1002-33 2.083 1003-10 2.083 1004-10 2.083 1003-11 2.083 1004-11 2.083 1003-12 2.083 1004-12 2.083 1003-13 2.083 1004-13 2.083 1003-20 2,083 1004-20 2.083 1003-21 2,083 1004-21 2.083 1003-22 2.083 1004-22 2.083 1003-23 2.083 1004-23 2.083 1003-30 2.083 1004-30 2.083 1003-31 2.083 1004-31 2.083 1003-32 2.083 1004-32 2.083 1003-33 2.083 1004-33 2.083 The percentage interest for each Unit was computed by dividing the floor area (in square feet) of each Unit (measured at the floor) by the sum of the floor area (in square feet) of all Units in the Condominium (measured at the floor). The floor area for each Unit shall mean the total number of square feet contained within a Unit as measured to the title lines adjacent to all Perimeter Walls and Party Walls. All linear measurements have a tolerance of + two percent (2%). Please note that these measurements do not take Into account the presence of Interior partitions, columns, pipe runs, ducts and the like. 1 y i ? ?,11 ? i ( I f ?? GENEVA PLACE CONDOMINIUM VALUES, RULES & REGULATIONS VALUES • Respect for the property, privacy and general welfare of residents and guests. • Shared desire to live in a clean, safe and comfortable environment. • Interest in maintaining the serenity and quiet befitting a residential community. • Commitment and awareness of the need to maintain all components of the condominium facility which will convey the family character of the complex, and which will enhance property values. R=®ULKHOM 1. No person shall create a nuisance or disturbance within or outside the unit, which will infringe upon the tranquility of people in other units or about the building. 2. No trash, tools, parts or materials are to be stored in limited common areas (i.e. patios, decks). 3 Common areas are not to be used as storage areas. 4. Equipment and furniture on balconies and patios will consist only of outdoor furniture in good repair of the type normally associated with home residences. 5. Towels, carpets, blankets or other items will not be draped over balcony rails. 6. No charcoal grill shall be used on a patio or balcony. Outdoor cooking with charcoal grills is permitted to the back of the building at a distance of no less than 20 feet from the building structure. 7. Any damage to the common areas by a resident or guest is the responsibility of the unit tenant and owner. 8 All exterior building maintenance, painting, alterations and repairs are to be authorized by the Association. 9. Each unit owner is responsible for keeping interior and exterior window surfaces clean. 10. Each unit owner is responsible for decorating and maintaining interior surfaces in a good clean condition. Appliances and fixtures shall be kept in a safe and operable condition. Any repairs needed should be completed by a commercial and licensed practitioner in the field of expertise (ex. Plumber). 11. Only licensed vehicles in operable order owned by owners, tenants or guests may be parked in the lot. 12. No repairs, other than emergency repairs, may be made to vehicles in the parking lot. 13. Washing vehicles in the parking lot is prohibited. 14. No signs will be displayed in any unit window or common area, except that a "For Sale" sign approved in writing by the Board for the purpose of selling a unit may be used. 15. No structural additions, improvements or replacements may be made without the prior written approval of the Board. No interior partitions or walls may be removed or relocated without the prior written approval of the Board. 16. No more than one family or three unrelated persons may live in a unit. 17 All interior floor areas will be covered with wall-to-wall carpeting with an underlying pad. Bathroom and kitchen floors may be covered with a vinyl surface in place of carpeting. 18. Exterior window areas shall be uniform in appearance. Allowable window coverings are blinds, window shades, curtains or drapes. Curtains, blinds or drapes facing the exterior should be white. 19. Pets are not permitted, except that pets registered and approved by the Board as of August 26, 1997, will be allowed to remain with their owner for the life of the pet. 20. Do not discard litter, tobacco products, etc. in and around the common areas - hallways, entranceways, parking lot. 21, All trash and refuse should be placed in the dumpster adjacent to the parking lot. Appropriate plastic trash bags or other containers should be used. Empty boxes should be broken down before placing in dumpster. 22. Unit owners obligations (if unit is rented): A. Must have written lease for period of six months or greater. B. Must provide prospective tenant with a copy of Geneva Place Values, Rules and Regulations prior to lease being signed. C. Accept responsibility for damage caused by tenants or their movers, and will reimburse the Association for repair costs. 23. Condominium monthly fee must be paid by all unit owners by the 10 h of the month. After the tenth day, a 10% per month penalty charge will be assessed. 24. A charge of $20.00 will be assessed for checks returned for insufficient funds. Approved March 1990 revised August 26, 1997. E x jj) ?l t -? G U1/1H/Ub 1.1:1U rAA /1/ /JU 414U YMl 10002 Resident Ledger Date: 1 /192006 Resident Code t0001556 Property: hO58n Unit 100313 Diana Marshall-Boyle Status: Current 1475 Mt. Pleasant Rd Rent: $ 110 00 Columb ia, PA, 17512 Deposit: $ 0.00 Move In Date 09101197 Move Out Date Due Day: 1 Tel# (O). (717)761-17 10 Tel# (H)'. (717)579-48 51 Date Description Charges Payments Balance Balance Forward 0 00 06101/04 Assessment (0612004) 85 00 85 DO 06/03104 Me assess Incr 10.00 95 00 06/11104 Chk4137 93.50 1 50 06/16/04 6 Late charges 10 0% of amount owed (monthly) 1.00 2 50 06122/04 Waive fee (1-00) 1.50 07/01/04 Assessment (07/2004) 95.00 96 50 07/16/04 15th Late charges 10-0% of amount owed 9.50 106.00 (monthly) 06/01104 Assessment (0812004) 95.00 201,00 08/19104 Chk# 4489613847 190-00 1L00 09/01104 Assessment (0912004) 95.00 106 00 09/16104 15th late fee 9 50 115.50 10101/04 Assessment (10/2004) 95.00 210 50 10101104 Sp.Assess -Miscellaneous (10/2004) 150 00 360.50 10118/04 Late Charges 9.50 370 00 10/20104 Charge for certified mail--DJH 10120/04 4.42 374 42 11/01/04 Assessment (1112004) 95 00 469.42 11/01/04 Sp Assess.-Miscellaneous (1112004) 150.00 619 42 11116/04 Late Charges 9.50 628.92 12/01/04 Assessment (12/2004) 95 00 723.92 12/01/04 Sp Assess.-Miscellaneous (12/2004) 1 days 4-84 128.76 12102/D4 Sp.Assess--Miscellaneous 145.16 813 92 12/16104 Late Fee, 10% of $95-00 9 50 883.42 01/01105 Assessment (01/2D05) 95.00 978 42 01116/05 Late Fee, 10% of $95-00 9-50 987.92 01126/05 Charge certified mail for late letter-djh 4.42 992 34 02/01105 Assessment (02/2005) 95-00 1,087.34 02/16/05 Late Charges, 10% of $95-00 9.50 1.09684 03/01/05 Assessment (03/2005) 95 00 1,191.84 03/01105 Charge late fee on special assmt due- djh 25.00 1,21684 03/16105 Late Charges, 10% of $95.00 9.50 1,22634 04/01/05 Assessment (0412005) 95 00 1,321.34 04/04/05 Charge weekly late fee for special assmt 3/7/05- 25.00 1,34614 i -djh Page 1 Uf 5 U1/18/UU 11.:11 MX 111 7JU 414U YM1 WJ UU0 Resident Ledger I Diana Marshall-Boyle 1475 Mt. Pleasant Rd Columbia, PA, 17512 Date 1/1912006 Resident Cade: t0001556 Property: h0580 Unit 100313 Status: Current Rent: $ 110.00 Deposit- $ 0.00 Move In Date: 09/01/97 Move Out Date: Due Day 1 Tel# (O): (717)761-1710 Tel#(H). (717)579-4851 Date Description Charges Payments 04/04105 Charge weekly late fee for special assmt 3114/05- 25 00 -djh 04/04/05 Charge weekly late fee for special assmt 3/21105- 25.00 -djh 04/04/05 Charge weekly late fee for special assmt 3/28/05- 25.00 -djh 04104/05 Charge weekly late fee for special assmt 414/05- 25.00 dl h 04/12/05 Charge weekly late fee on special assessment riot 25 00 paid--djh 04/16/05 Late Charges, 10% of $95 00 9.50 04/18105 Charge weekly late fee for special assmt---- djh 25.00 04125105 Charge weekly late fee for Sp. Assmt--djh 25.00 05/01/05 Assessment (0512005) 95 00 05/02/05 Charge weekly late fee for sp. assmt-djh 25.00 05/09105 Charge weekly late fee for special assmt--djh 25.00 05/16105 Late Charges, 10% of $95.00 9 50 05/17105 Charge weekly late fee for Special Assessment- 2500 dj h 05/23105 Weekly late fee on special assessment 25.00 05124/05 Constable fee for payments due. djh 25.00 05/24/05 Charge certified mail fee for warning letter--djh 4.42 05/31105 Charge weekly late fee on Special Assessment- 25.00 d1 h 06/01105 Assessment (05/2005) 110.00 06/06/05 Charge weekly late charge on special assmt-djh 25 00 06/13/05 Charge weekly late fee on special assessment-djh 25.00 06/16/05 Late Charges, 10% of $110 00 11.00 05120/05 Charge weekly late fee on special assmt--djh 25.00 06/28105 Charge weekly late fee on Special Assessment-djh 25.00 07/01/05 Assessment (0712005) 110 00 07/07/05 Charge weekly late fee for Special Assessment 25.00 fee--djh 07114105 Charge weekly late fee for Special Assessment- 25.00 -d] h 07116105 Late Charges, 10% of $110.00 11.00 Page 2 of5 Balance 1,371.34 34 1,39634 1,421.34 1 446 34 1,471 34 1,480.84 1,505.84 1.53084 1,62584 1,650.84 1,675 84 1,685.34 1,710.34 1,73534 1,76034 1,764.76 1,78976 1.899.76 1,924 76 1,949.75 1,96076 1,98576 2,01076 2,120 75 2,145.76 2,170.76 2,181 76 U1/19/UU 11:11 kAX III YJU 414U FRI w-I UU4 Resident Ledger Diana Marshall-Boyle 1475 Mt. Pleasant Rd Columbia, PA, 17512 Date: Resident Code_ Property Unit Status: Rent_ Deposit Move In Date: Move Out Date: Due Day Tel# (O): Tel# (H): 1/19/2006 t0001556 h05B0 100313 Current $ 110,00 $ 0.00 09/01/97 1 (717)761-1710 (717)579-4851 Date Description Charges Payments Balance 07/20/05 Charge weekly late fee on Special Assessment- 25 00 2,206 76 -d/ h 07/28/05 Charge weekly late fee on Special Assessment- 25 00 2,231.76 4h 08/01/05 Charge weekly late fee for Special Assmt--djh 25.00 2,255.76 OB/01105 Reverse charge until after cutoff -djh (2500) 2,231.76 08/01/05 Assessment (08/2005) 110.00 2,341.76 08105/05 Charge weekly late fee for special assessment- djh 25.00 2,36676 08112/05 Charge weekly late fee for special assessment 25 00 2,391.76 Week of 8/8/05 djh 08/15105 Charge weekly special assessment late fee_ week 25.00 2,416.76 of 8/14/05-djh 08116/05 Late Charges, 10% of $110.00 11.00 2,427.76 08/22/05 Charge weekly late fee on Special Assessment- 25.00 2,452.76 -dj h 09/01105 Assessment (0912005) 110.00 2,562.76 09101105 Sp Assess.-Painting (0912005) 50.00 2,61276 09/01/05 Charge weekly late fee for Special Assessment rig 2.900 2.63776 8/29/05. djh 09/01105 Zero Special paint assessment- Does not have (5000) 2,58776 balcony. djh 09107/05 Charge weekly late fee on Special assessment wk 25.00 2,61276 of 9/4105_ djh 09/16105 Late Charges, 10% of $110.00 11.00 2,623.75 09/19/05 Charge weekly late fee on special assessment 25 00 2,648 76 week of 9/18/05. djh 09/26/05 Charge weekly late fee on special assessment. wk 25.00 2,673.76 of 9125105. djh 10/01/05 Assessment (10/2005) 110.00 2,783.76 10/01105 Sp.Assess -Roof (1012005) 500.00 3,283.76 10105/05 Charge weekly late fee on special assessment wk 25.00 3,308 76 of 1013/05 10/06/05 MO 5433832055 121 00 3,187.76 10/06105 MO 5433832056 110.00 3,077.76 10117/05 Charge weekly late fee for special assessment, 25 00 3,102 76 week of 10/10/05. djh Page 3 of 5 U1/1M/U6 11:1.1 rMA !1/ rJU 414U Y1Il1 Wj UUJ Resident Ledger Date: 1/1912006 Resident Code: t0001556 Property 1-10560 Unit: 100313 Diana Marshall-Boyle Status: Current 1475 Mt. Pleasant Rd Rent: $ 110.00 Columbi a, PA, 17512 Deposit $ 0.00 Move in Date: 09101197 Move Out Date: Due Day: 1 Tel# (O): (717)761-1710 Tel# (H): (717)5794851 Date Description Charges Payments Balance 10/17105 Charge weekly late fee for special assessment, 25-00 3,127-76 week of 10/17/05. djh 10126105 Charge weekly late fee on Special Assessment. 25 00 3,152 76 Week of 10/24/05 djh 11/01!05 Assessment (11/2005) 110-00 3,262 76 11/01/05 Sp.Assess -Roof (11/2005) 500-00 3,762.76 11101/05 Charge weekly late fee for Special Assessment 25-00 3,78776 1111/05. djh 11/08105 charge weekly late fee on special assmt 1117105 25.00 3,812 76 djh 11110/35 Ch1k4 331 110.00 3,70276 12/01105 Assessment (12/2005) 110 00 3,812-76 12/01/05 Sp.Assess_-Roof (12/2005) 500.00 4,312.76 12/16/05 Late Charges, 10% of $110.00 11 00 4,32376 12119/05 Charge weekly late fee for special assessment wk 25.00 4,348.76 of 11/14105. djh 12/19/05 Charge weekly late fee for special assessment wk 2500 41373 76 of 11/21105. djh 12/19105 Charge weekly late fee for special assessment wk 25 00 4,398.76 of 11128/05. djh 12119105 Charge weekly late fee for special assessment wk 25.00 4 423 76 of 12/05/05- djh 12/19/05 Charge weekly late fee for special assessment wk 25.00 4,44876 of 12112105. djh 12/19/05 Charge weekly late fee for special assessment wk 25.00 4,47376 of 12/19/05. djh 01/01/06 Assessment (0112006) 110-00 4,583.76 01/01/06 Sp.Assess -Roof (01/2006) 1 days 1613 4,599 89 01104106 Zero 1 day paint assort djh Input error (16 13) 4,58376 01/05106 Chk# 346 110 00 4,47376 01/19/06 Charge wkly late fee for Sp. assmt from 10/04 for 25.00 4,498 16 main water line repair- djh wk of 12126/05. 01119/06 Charge wkly late fee for Sp. assmt from 10/04 for 25.00 4,523 76 main water line repair. djh wk of 1/2/06- 01/19/06 Charge wkly late fee for Sp. assmt from 10104 for 25 00 4,548 16 i main water line repair. djh wk of 119/06. Page 4 of 5 U1/1N/Ub ll:IZ kAA 11! fJU 414U FRI ?J VVV Resident Ledger Date: 1/1912006 Resident Code: t0001556 Property: h0580 Unit 100313 Diana Marshall-Boyle Status' Current 1475 Mt. Pleasant Rd Rent_ $ 110-00 Columbia, PA, 17512 Deposit. $ 0-00 Move In Date 09101197 Move Out Date: Due Day 1 Tel# (O) (717)761-1710 Tel#(H) (717)579-4851 Date Description Charges Payments Balance 01119/06 Charge wkly late fee for Sp- assmt from 10/04 for 25 00 4,57376 main water line repair. djh wk of 1/19106. Current 30 Days 60 Days 100,00 771.00 575 00 Page 5 of 5 90 Days 3,127.76 Amount Due 4,573 76 ?? ;:_ _, r ? ?,? `;' k> ,. ? w ?, ? ?:' '?, ? ? to ? , ._ .c ?r? v-; ?,- 0 -? v, GENEVA PLACE CONDOMINIUM ASSOCIATION Plaintiff V. DIANA L. MARSHALL-BOYLE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 06-561 CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned Civil Action for an additional thirty days. 1 A 0UP1 N111N VV LUL 1L 1\V. J1VT1 Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: I r C5 d c,a 6m rv RE: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 06-561 CIVIL, ACTION GENEVA PLACE CONDOMMOUM ASSOCIATION, V. DIANA L. MARSHALL-BOYLE RESPOSE FROM DEFENDANT - DIANA MARSHALL-BOYLE SUMMARY: THE DEFENDANT - DIANA MARSHALL-BOYLE attest that the GENEVA PLACE CONDOMINIOUM ASSOCIATION & PROPERRY MANAGEMENT, INC., PLANITIFFS, are in default and Wed in their compliance of this suit and in fact owe, DEFENDANT- DIANA MARSHALL-BOYLE, the sum of $5000.00 in a counter claim of fiill restitution and damages by PWntiffi I FUTTHER ATTEST that the PLANTIFFS have failed to upbold specific sections of title 68 below but not limited to Section 3307 - (a) - ...If damage is inflicted on the common elements .... Or the association if it is rnaignsible is liable for the P>11m re k thereof. Section 3312 (l)usty insurance of the common elements all risks of dhW physical loss commonly.. oftnded coverage (2) - bodilvjWmv and R mg= damage arising out of or in connection with the use ownershi or ahunam of the mon elements. Common elements of bi ift 1003-13 (downspou& mme e A dm in field. caused damage to condo JWug am Section 3314 - b. late fees of past due assessmeats Section 3411- Warranty against stnwrtmal defects Note: And a WAW hwdee oroat d pod t e:pe a and some pietas: enmphs ordamage CONCERNS: Beginning in February 2004,1 began verbal and written notification of water damage to the living areas of my condo at 1003-13 Namoc Drive Mechanicsburg Pa. 17055. Numerous letters and phone calls did not result in any effort to repair the damage nor stop the water to leeching into my two bedrooms and walk in closet. I informed a board member verbal in February, April and May that I had water entering my unit. March - April 2004, still now work done, I Told PMI I would not pay my association fees if issues were not addressed. In May 2004 placed a claim with my homeowner's insurance company thinking they may pay for the damages to carpet and walls; they refused to pay any claim stating that the damage was all caused by ground water originating form the common elements. The mold and fungi were present from the ground water. Geneva Place received a written copy of this claim. I painted the walls with sealant and cleaned the carpet but it didn't help. By the end of June 2004, my children, (ages 4& 5 at the time), and myself had become ill due to the Black Mold caused by the water seepage. W e closed that part of the house and bought a very expensive air fiber which did help some, however we sill had respiratory infections and allergies causing breathing problems. I had no alternative but to look for a new home temporarily to protect my children. About July I" of 2004, Phil and the Association had a company called Turkey's do repairs to the gutters. When this work was completed I still continued with water seepage. Turkey's was called back due to water damage again. Geneva Place was blaming Turkey's and tried to get them to pay for damage repairs. When the employee came to inspect the water damage and he stated that his work was completed satisfactorily. He personally told me that they had highly recommended to Geneva Place that the gutter be replaced with a larger size gutter and fix the downspout drain field. The Association and PMI refused his recommendation and only authorized him to repair the gutters on the building. This did not fix the problem. August of 2004 I vacated my condo to new premise. At this time I still had mold, mildew, rotten baseboard, water in the walls and carpet of three rooms in my condo with no firm commitment from the Association or PMI to when the repairs to the common elements (gutter, downspout, drain field) or status for any repairs to the wall, baseboard or carpets to my condo. I also tried to discuss the reimbursement of my loss of living space with Jackie Atkins (board member) and her response to me was call you insurance company again. I could not live there, rent it, or sell it in the state it was in. I received no concrete information as to any of these concerns. A subsequent contract was put out for bid and approved to replace the downspout drain field. The work was performed. They also hired (Central Penn Waterproofing, i.e.; Ed Caprai), to install a sub floor drainage system and sump pump in my condo. This would include cutting approximate 14" wide trench in the concrete floor along the outside wall of two bedrooms and walk-in closet. Keep in mind that months have passed from August 2004 to February 2005 This work was performed but not satisfactorily, requiring the contractor to make two visits and after much discussion and delays a visit from another contractor to repair drywall damage and replace the baseboard (another two visits). This work was not completed until August of 2005. (NOTE: There is some concern that the XXXX system may have been compromise by cutting into the floor, this has not been addressed as of this writing). As of this writing I have still not received any monetary or aclmowledgment of my claims to carpet replacement, painting, or costs associated with loss due to temporary housing requirement. Billing of excessive fees. The Association and PMI have been billing me not only for late fees but late fees on top of late fees, compounding and inflating my actual amount owed, and my ability to move to, sell or lease my condo. Diana Marshall-Boyle PI.ANTIFF ou, AnEv\i err As of this writing I have still not received any monetary or acknowledgment of my claims to carpet replacement, painting, or costs associated with loss due to temporary housing requirement. Billing of excessive fees. The Association and PMI have been billing me not only for late fees but late fees on top of late fees, compounding and inflating my actual amount owed, and my ability to move to, sell or lease my condo. ThaIllc.you, i? i t Diana Marshall-Boyle PLANTIFF tr. T { t M1 Property Management, Inc. January 13, 2005 Diana Marshall-Boyle 1475 Mt. Pleasant Road Columbia, Pa 17512 RE: Waterproofing Units 1003-1011003-13 Response to PMI with 10 days needed. ACCREDITED a MANAGEMENT FFy? ORGANIZATIOWR' °':-1T ORB)?. We are writing on behalf of the Executive Board of Geneva Place Condominium Association as it pertains to the installation of a sub-floor draining system. The board had 2 contractors on site and both suggested the same work to be done to relieve the problem. Central Penn comes highly recommended and the board feels they would do the best job. Enclosed you will find a copy of Central Penn Waterproofing proposal to correct the existing water problems in you unit. The Condominium Association will pay for the work and it is our intention that work on both units will be done at the same time. Any additional costs incurred due to a unit owner not making their property available would be paid by that unit owner. Within ten (10) days please contact Kathryn Hartz at the below number to schedule your repair. We are encouraging you to call Central Penn Waterproofing, PMI or any Board Member if you should have any questions. Should you have any questions, please do not hesitate to call me at 730-4141 or you may reach me by my e-mail address khartz(Mrentpmi.com. Thank you in advance for complying with the board's request. Sincerely, Property Ma ement, Inc. As agents for G eva Place Condominium Association Kathryn M. Hartz r Assistant Manager Association Management cc: Geneva Place Executive Board file 1300 Market Street. Suite 201 - P.O. Box 622 - Lemoyne, PA 17043-0622 - (717) 730-4141 - Fax: (717) 730-4140 www.rentpmi.com or wwt propertymanagementinacc JHIV UI,4UU7 6U:19 {sGb,vsi?c ,c k d{ 1 „lip LiQ.r.< C •i/?? .,.. UIv VJ•6VUJ LU.14 I-a DrainTile System with Mira-Drain and Sump Pump DISCHARI E WATER FLOW %-, MIRA-DRAIN PROTECTS WATER FLOW ! FROM FLOORS WALL JOUR AND WALLS TO PERFORATED DRAIN PIPE. . ?MOOTN . ' • wATER Flow ' • • ' iECO10111?RATION } ?. A?EBafd?tE+G FnTtNG I WATER SENSOR FULLY GASIMM AIR Toff LID STRONG ENOUGH TO STAND ON • 113 hp SUBMERSIBLE PUW, WITH MECHANICAL SWIT- is --? I . i:7Y v WATER FLOW ? ; FROM ORAKrILE PERFORATED STRUCTURAL LIHER .IF n. CHECK VALVE WITH RUBBER FTMNG Central Penn Waterproofing PM1 Property Management, Inc. 6pC?pp Q A 1a? ACCREDITED MANAGEMENT mZtxroaca" ORGANIZATION© TO: GENEVA PLACE CONDOMINIUM ASSOCIATION FROM: KATHRYN M. HARTZ DATE: January 31, 2005 RE: Diana Marshal Boyle In a telephone conversation with Ms. Boyle she committed to me that she would call Ed on her questions and return a call to me so I may schedule the appointment for corrections. She asked about her carpet, and who was going to replace or correct the situation. She comments that she cannot rent the unit because of the carpet. And because of that situation she cannot not pay her association monthly dues. Please advise my office of how you would like me to follow up on this. Thank you, Kathryn 1300 Market Street, Suite 201 • P.O. Box 622 • Lemoyne, PA 1 7043-062 2 • (717) 730-4141 • Fax: (717) 730-4140 www.rentpmi.com or v, ww.propertymanagementioc.cc ?r CENTRAL PENN WATERPROOFING 43 BEATTYS TOLLGATE ROAD MARIETTA PA 17547 DATE: MAY 9, 20005 FROM: CENTRAL PENN WATERPROOFING TO: KATHRYN HARTZ PMI 1300 MARKET STREET LEMOYNE PA 17043 RE: DIANA BOYLE MARSHALL: ADJUSTMENTS AND/OR CHANGES TO THE SUB-FLOOR DE-WATERING SYSTEM INSTALLED AT CONDO UNIT # 13 AT GENOVA PLACE, MECHANICSBURG PA AS PER OUR IN-PERSON MEETING ON 4-21-05 AND OUR PHONE CONVERSATION ON 4-23-05, IT WAS AGREED THAT A CREW WOULD MAKE THE NECESSARY CHANGES & ADJUSTMENTS TO THE SYSTEM ON MONDAY 4-25-05 AT 9:30 A.M.. ON MONDAY, 4-35-05 THE CREW ARRIVED AT 9:30 A.M. AND MS. MARSHALL WAS NOT AVAILABLE. AFTER SEVERAL PHONE CONTACTS AND MESSAGES, MS. MARSHALL PHONED THE OFFICE AT 10:45 A.M. INFORMING THE OFFICE STAFF THAT SHE "NOW" WANTED WRITTEN CORRESPONDENCE OUTLINING THE PROPOSED CHANGES AND ADJUSTMENTS THAT WOULD BE MADE TO THE SYSTEM BEFORE PROCEEDING AND/OR ENTERING THE DWELLING. AS PER YOUR 4-25-05 WRITTEN REQUEST THE FOLLOWING CHANGES AND/OR ADJUSTMENTS WILL BE MADE TO THE SYSTEM, PLEASE NOTE THESE CHANGES ARE PRIMARILY COSMETIC IN NATURE, AND HAVE NO RELATIONSHIP TO THE EFFECTIVENESS OF THE SYSTEM: WALL BOARD WILL BE CUT TO DESIRED HEIGHT AS TO ALLOW THE MIRA-DRAIN TO BE ADHERED DIRECTLY TO BLOCK WALL. MIRA-DRAIN WILL BE SEALED AT TOP JOINT TO PREVENT INSECTS FROM ENTERING STANDARD MOLDING OR TRIM MAY BE ATTACHED TO CONCEAL MIRA-DRAIN IF SO DESIRED . AFTER REVIEWING THE PROPOSAL CHANGES, AND/OR ADJUSTMENTS nM PLEASE CONTACT THE OFFICE AT ( 717) 426-2700 SO WE CAN ESTABLISH A SCHEDULING DATE, PLEASE NOTE AND MOST IMPORTANT THE DE-WATERING SYSTEM INSTALLED AT CONDO UNIT #13 GENOVA PLACE, HAS BEEN EFFECTIVE IN SOLVING THE WATER PROBLEM AND PROPOSED CHANGES AND ADJUSTMENTS ARE SIMPLY COSMETIC IN NATURE. SINCERELY, ED CARRAI CENTRAL PENN WATERPROOFING Diana Marshall-Boyle 1475 Mount Pleasant Road Columbia Pa 17512 June 3, 2005 Geneva Place Associadon/Kathryn Hartz PMI Re: Financial circumstances The purpose of" letter is to explain my financial situation and why I should not be billed late fees for the properly asseessment. I believe the amount is excessive (usury). Especially given the circumstances. I personally think the whole assessment should have been paid from the $24,000.00 reserve fiord we have. Isn't that what it for? As you all should be aware of by now, my condo is uninhabitable as of this writing. It has been over a year since you have been notified of the water damage that has been happening to my property (Feb 2004). It has been almost a year since you have begun to address the damage issues at my 1003-13 Namroc Drive property (still not completed). Due to the installation of the water removal system, which has created other damages that need to be rectified I do not have the ability to sell or rent my property (loss of use) on Namoc drive during this time. Obviously this has created a severe additional financial burden on us as a family. I feel that the 525.00 a week late fee is excessive in this case and request that they be removed from my statement. I fully understand my responsibility for my assessment. When I have use of my property again, I can get my finances back in order and a fair plan of payment can begin at that time. S' Y' Diana Marshall-Boyle July 8, 2005 Kathryn Hartz/PMI RE: Repair damages created from installation of water removal system/key to unit Kathryn, When I met with Ed of Central Penn and Michael Harlan on April 21, 2005 we discussed the damages that were caused due to the use of improper material for the situation. See attached letter for explanation. We also discussed a verbal plan of how Central Penn would carry out these repairs. It included how old material would be removed, how new and different material better suited for the situation would be installed and when it would take place. There were discrepancies from what I was told verbal at our meeting and what was written in the proposal of repairs. It gave me cause for concern. After our meeting on May 27, 2005 in which I conveyed these concerns to you about the situation. I again reviewed the proposal of repairs from Central Penn Water Proofing. At that point I felt it would be in the association and my best interest to contact someone more versed on the situation. I contacted Congressman Nailor's office and also spoke with an attorney. Between the corresponding with the above mentioned parties, holidays and vacation it caused a delay to occur in the delivery of the key to my unit. I am requesting a written proposal from Central Penn waterproofing that reiterates the repairs we discussed verbally on April 21, 2005. Upon receiving this letter we can then move forward We are being charged a lot of money to remedy the water problem that has plagued my unit since February 2004. It has caused the destruction of my carpet, rotted the baseboard and walls not mention the health hazard it created for my two small children and me. I have taken a lot of time from my children and work to gather information and advice. I have only asked that my unit be restored to it original state prior to the water damage occurring. As an owner I have a responsibility. I am demanding that the repairs be done properly. So that 10 years from now we aren't finding out the damages Central Penn created by using the wrong material for our building were not repaired properly and it voided the original warranty. And we then have to pay to have for repairs again at our expense. I want to avoid a situation like our roof. If people were as conscious and persistent as I am we would probably not be replacing a roof 10 years later at our expense! I do not want any repercussion in the future due the ineffective repairs being done. f I have enclosed a key. In the event my work schedule does not allow me to be present at the time repairs are being made. I give you (Kathryn) permission to use the key to allow Central Penn to enter my unit. Along with the responsibility, that you lock the unit after the work is done. Si erely, Diana Marshall-Boyle A The July 14, 2005 Kathryn Hartz/PMI 1300 Market Street Lemoyne, Pa. 17043 RE: Repairing damages created from incorrect installation to unit 1003-13 Nanroc Drive Mechanicsburg, Pa. Kathryn, y\. When I met with Ed Carrai of Central Penn Waterproofing and Michael Harlan on April 21, 2005 we discussed the damages that were caused due to the use of improper material for the situation. See attached letter for explanation. We also discussed a verbal plan of how Central Penn Waterproofing would carry out these repairs. It included how old material would be removed, how new and different material better suited for my situation would be installed and when these modifications would take place. There were discrepancies from what I was told verbally at our meeting and what was written in the proposal of repairs that I received afterwards. It gave me cause for concern. After our meeting on May 27, 2005 in which I conveyed these concerns to you about the situation, I again reviewed the proposal of repairs from Central Penn Waterproofing. At that point I felt it would be in the Associations and my best interest to contact someone more versed on the situation. I contacted Congressman Nailor's office and also spoke with an attorney. I did not want to send the key to you until I spoke to someone about these matters. Corresponding with the above-mentioned parties, holidays and vacation caused a delay to occur in the delivery of the key to my unit. I am requesting a 2nd written proposal from Central Penn Waterproofing that reiterates the repairs that we discussed verbally on April 21, 2005. Upon receiving this letter we can then move forward. We are being charged a lot of money to remedy the water problem that has plagued my unit since February 2004. It has caused the destruction of my carpet, rotted the baseboard and walls. Not to mention the health hazard my children and I were subjected to from the black mold and mushrooms that grew in the carpet and on the was. I have taken a lot of time from my children and work to gather information, advice and to write correspondence. I have only ever asked for or expected to receive those repairs for which the Condominium Association is required to provide and responsible for. My only goal throughout this entire convoluted process has been to have my unit restored to an inhabitable and environmentally safe condition. .t As an owner I have a reasonable expectation that all repairs will be done in a timely fashion And done properly, so that 10 years from now we aren't fmding out that Central Penn created a hazardous situation by using the wrong material for our building, and that this mistake voided the original warranty. Only then to find out we have to pay for repairs again at our expense. I want to avoid a situation in my unit similar to that which we are experiencing with our roof. If people were as conscious and persistent as I am we would probably not be replacing a roof that is approximately 10 years old at our expense! I do not want any repercussion in the future due the ineffective repairs being done. I have enclosed a key, in the event my work schedule does not allow me to be present at the time repairs are being made. I give you (Kathryn) permission to use the key to allow Central Penn to enter my unit. I am also holding you responsible to ensure that my unit is securely locked when the repair work is not being performed. Please notify me three business days prior to any work being performed in my unit so that I may try to arrange my schedule to be there. Finally, since I have yet to receive the mailing address for Ed at Central Penn Waterproofing, I will enclose with this letter a letter I have written to him, wherein I re- state the events that have transpired in this matter. I would ask that you forward my letter to him in a timely manner. Sincerely, V^'" tt Diana Marshall-Boyle 4 July 15, 2005 Ed Carrai Address - not made available 717.343.1996 RE: Time line of events Repairing damages created from installation of water removal system Ed, At the beginning of this year (January 2005) I received a written proposal that included an written explanation of the water removal system your company proposed for my condominium unit, along with a diagram or schematic. I called Kathryn Hartz at PMI telling her I did not understand how this system was going to be installed, if the diagram or schematic were an accurate representation. Kathryn gave me your phone number so that I could contact you directly. Based on what I was looking at in the diagram or schematic, I did not understand how this unit was going to be installed, and thus had serious concerns. The proposed location of this unit was within the living space of my home (two bedrooms). The picture diagram that was sent with proposal was a view of a basement installation of this system, and the materials being used are plainly visible. When you and I spoke on the telephone in February, I asked you how this system was going to be installed. You explained to me that the pump would be put underground in the comer of the room near an electrical source. I asked you about the pipe that would be sticking out of the wall, as it appeared on the diagram you had sent me. I also asked if you would hear this pump when it was running, since its proposed location is in a bedroom, not a basement. You stated that the unit would be put in the closet, and that an electrical line would be run from an existing outlet to the unit itself. At this point, I asked you two specific questions: 1.) Will I hear this system, and 2.) Will I see this system? Your response to me was " absolutely not.". You reassured me with these words: "We have been doing this for 30 years and we do a lot of work for PMI." When the work on my system commenced, I allowed a man by the name of Dave and his helper to enter my unit so that they could install the water removal system. When he came in and saw the layout of my unit, he realized that it was going to take more work than what had been quoted. He contacted you by telephone while I waited, to discuss it with you. I contacted Kathryn at PMI to notify her of the situation, and ask her to get approval from Jackie Atkins (a board member of the condominium Association) for the 43. required added footage to be installed. I would not let your workers do anything until I got that approval verbally from Kathryn at PM. Once this verbal approval was obtained, Dave and his helper started the job but did not finish that day. That day, I am certain they were able to complete the trenching in the corner bedroom, but they were not able to begin the second bedroom. I had told Dave where he could leave the key in the hall closet, which is located in the common area of the building outside my door. The plan was for me to retrieve the key from the closet at my convenience. I was unable to stay all day while the work was being performed. I had been given the impression that the work would be completed in my unit that day. I returned a few days later, to see how the installation looked, and to retrieve my key from the closet. I discovered that only one room had been worked on. A few days after my visit, I received a phone call from your employee Dave. He said he had tried to re-enter my unit to continue working on it, but had been unable to gain access, since I had removed the key. I remember being upset that he had tried to enter my unit without first notifying me. A date was subsequently set up for the workers to enter the premises and complete work on the second bedroom, and any other remaining work relevant to the installation. The next time I was in my unit, I was confronted with this very visible material (that has a waffle-like texture) was sticking up from the floor and extending up above the seam of the wall and floor about 5 inches. The presence of this conspicuous material was not noted on any of the diagrams or schematics that had been presented to me up to this point and took me completely by surprise. While assessing it, a question immediately arose in my mind. I wondered if the carpet installers would need to have any special instructions in order to install new carpet over this system. I phoned to ask you if there are any specific directions that would be needed by the carpet installers. At this point, you explicitly ("Absolutely not") told me that this wattle-like material could not be cut or punctured in its present configuration. I knew at that point that I would now need new custom molding made to cover up the wattle material that was extending 5 inches above the floor level. I contacted someone to get an estimate for the molding, and they met me at my unit. When we entered the bedrooms where the water removal system was installed we found a multitude of worms and other insects that had entered the two bedrooms via the openings your workers created in my floors during the installation of this system. There were no signs of insects or worms in any of the other rooms in my unit. i, The person giving me the estimate for the molding questioned the installation of the waffle material. It was buckled away from the wall almost 2 inches in some places and not square in the comers. He suggested that the material be cut so it would fit flush against the wall and in the corners. I told him that the material was not to be cut or punctured per your specific directions, since these actions would render the system useless and would allow water to enter the room and seep (once again) into the carpet. It was suggested to me, that by being installed in its current configuration, the room was left open and susceptible to outside elements, worms, insects and radon because of being a basement unit. Needless to say, none of this was acceptable. I contacted Kathryn Hartz for the purpose of arranging a meeting with the three of us, for the purpose of viewing and discussing these flaws and issues. I had given Kathryn a date, March 30, which was suitable for me and it worked for her. When she contacted you, however, your schedule did not permit you to be there on that date. You had a previous commitment. Kathryn suggested there was no reason for a meeting which you could not attend, so we waited until your schedule allowed for you to meet with us. Unfortunately, the next proposed meeting date did not work for her. I wanted to move forward, so you and I met on the date arranged, which was April 21, 2005. I brought Mike TT -Ian -Onnv_ ,Nith me to serve as consultant for my best interest and a witness. When we spoke at that meeting and I conveyed my many concerns, you stated that the waffle material used was not the correct material for the particular circumstances that the cittaation in my unit called for. You also stated that your employee Dave should have cc o diq iss the situation so that the correct material could have be used. You then in tow the waffle material would be cutoff at floor level and a thin film material (which is normally used in radon applications) would replace the waffle-like material. This, you claimed, would create a seal. It could be painted over and the new molding (same size as the previously existing trim molding) could be put in place. You pointed out that this would eliminate having to have custom molding installed. Mike Harlan felt this would rectify the damages and make my unit safe from outside elements, insects and radon. We left the meeting with you stating that you would call me over the weekend to set up a time to remove the improperly installed materials and install the materials you now said were best suited for my application. You called me on Saturday April 23 stating that the work would be done on either the following Monday, Tuesday or Wednesday. I told you these dates would be fine, but that before any further work was performed, I needed to receive a written statement of what work you would be performing, and why it needed to be performed at this point in the installation process. You told me that this would be fine, and that it would be faxed to Kathryn. You then said either you or one of your employees would contact me on Sunday to give me the specific date and t;-- Your employee Chuck called Sunday and said that the workers on Monday morning at about 9:30 AM. Unfortunately, on Monday morning I had an unexpected emergency with one of my young daughters, and was unable to leave to meet your workers at my unit and let them in. I called your office before 8:30 and left a message to this effect on your answering service. I also stated in this message that I would not be able to be contacted prior to 10 AM that morning. Chuck called prior to 10 AM and left a message stating that he knew it was before 10 AM, but that he wanted to leave a message that he and his crew were at my unit waiting for me. It seemed very apparent to me, from the words he chose in his message, that he had received my message from the answering service. If this were the case, it is a mystery to me why he went to my unit at all. On May 9, you finally got around to writing a letter that was supposed to be in response to my request for a written statement, referred to already in the above paragraph. However, your letter of this date is non-responsive to my initial request for a detailed explanation of the changes required and the reasons for them. Your written explanation and reasons do not reflect the content and substance of what had been stated by you at our meeting April 21. Further, you letter of May 9 grossly misrepresents the facts of our phone conversation of April 23 and conveniently re-arranges the timeline of my initial request for this letter. Finally, your letter seeks to make me appear irresponsible by stating that that I did not call your office until 10:45 on the morning of Monday April 25 and that I spoke to your office staff, only then requesting this letter of clarification. As stated above, this letter was requested the previous Saturday, April 23. I did not speak to any of your office staff on the morning of April 25. I only left a message on your answering service. The final falsehood in this letter is that it is stated that these changes are primarily cosmetic in nature and have no bearing on the effectiveness of the system as it was initially installed, and as it currently exists in my unit. This completely ignores the new concerns and issues that the system, as presently installed, would force me to contend with. I subsequently notified Kathryn Hartz that I had received a copy of your letter. I told her it did not accurately reflect a number of important issues and, as such, was unacceptable to me as a satisfactory response to my request of April 23. I requested a meeting with Kathryn Hartz, so that someone other than those involved in the April 21 meeting could inspect the situation and understand what my concerns were. I met with her on May 27 at 1:30 pm and she viewed the situation in my presence. She recommended that I write a letter to the Condominium Association stating my financial status and the hardships being placed upon me by the ongoing difficulty in mitigating the water infiltration in my unit, and the subsequent problems created as a result of the mitigation process. She also requested that I give her a key to my unit, since my schedule did not often allow me to be at my unit at times when it was convenient for workers to enter the premises. I did not give her a key at this time, since I only had one copy with me. I told her I would get one to her within a week, to help facilitate the resolution of this construction. In the days after this meeting, I re-read the letter dated May 9 and became increasingly uncomfortable with the discrepancies represented in this letter, and the potential liability issues that might result firom such disparities. I felt I needed to consult my congressman (Jerry Nailor) and that I needed to seek legal advice before moving forward. In my most recent letter to Kathryn Hartz, dated July 14, 2005 I have requested once again a written statement. In this written statement, I am once again asking for the following: "I am requesting a 2nd written proposal from Central Penn Waterproofing that reiterates the npda Met we discussed verbally on April 21, 2005. Upon receiving this letter we can then move forward." I sincerely lope we can settle those issues and move forward with the completion of this work. Sin y, OL DianaMarshall-Boyle August 14, 2005 Ed Carrai Central Penn Waterproofing 43 Beatty's Toll Gate Rd. Marietta, Pa. 17547 Re: Water removal system @1003-13 Namoc Drive Mechanicsburg Pa. Ed Carrai, Per our meeting and conversation on Aug 5 at the above referenced property, I am sending you this note outlining the repairs and modifications to the water removal system at my condominium. The subsurface pump in the rear closest of unit will have an airtight lid installed. The previously installed Mira Drain will be removed, and replaced with Poly-Guard in such a way as to insure the integrity of the existing Radon remediation system in this unit and building. The installation of this Poly-Guard system may involve the removal of some wallboard, but not to a height which exceeds the height of the existing baseboard. The new baseboard will be installed by PMI. The existing floor cracks in the rear bedroom, it's associated rear closet (where the pump is located) and the adjacent bedroom will be cleaned out (any existing filler material to be completely removed) and sealed in such a fashion as to render them waterproof. This work will be performed on Monday August 22, beginning at 9 AM. Central Penn Waterproofing will not be responsible for the re-testing of Radon emissions in my condominium, which may be performed at my expense and choice. I look forward to seeing this work completed and to working with Central Penn Waterproofing to accomplish this task. S' cetely,? ' , iana Marshall-Boyle P;gnosat March l74u5Ble5 Proposal No, fO51 258 West Main 5freet Sheet No. I lone) Hummel5town Pa 17036 Date. Aprt111, 2005 7f7-566-9047 DROPOtA/ =&= M. WORK TO BEPERFORMEDAT.• DIANA MARSHALL 1003-13 Naaroc Drive 1475 Mount Pleasant Road Mechanicsburg PA 17055 Columbia Pa 17512 717-579-US1 We hereby propose to livnish the materials and perform the labor necessary for the completion the two bedrooms at the above premise. The work will include the removal of carpet & padding, cleaning and sedhig the concrete floors to kill mold spares, seal with Kiltz or appropriate sealer the 3 bedrooms walls stained with water damage, paint all surfaces with Doran paint (cola to be picked by customer, replace baseboard removed by waterproofing company with custom baseboard to cover waffle material on outside walls, seal new concrete and drill and tap tacklers stripping fir new carpet and pad. Place new carpet and padding, 46 -1/3ra yards with like product, suggest Dupont Stain Master, Jubilee Fifty nylon action back carpet with 1/2in Plum Tuff padding, these products are similar or very dose to the same density and weight as the damaged carpet. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manna for the sum of $3123.74, (Three Thousand One Hundred Twenty Three---74/100 dollars), with payments to be made as follows. Fifteen Hundred dollars (51500.00), deposit with acceptance of contract and balance at end of job. 1. Repair and fix (putty walls) holes at baseboard level ......................... $ 115.00 2. Replace baseboard removed by construction waterproofers ................. S 389.00 3. Scrub all concrete surfaces with mold guard to remove spores ............. $187.68 4. Seal concrete and drill & tap tackless removed during construction....... $ 150.00 5. Paint 3 walls in bedrooms that have water stains with Kiltz sealer.......... $ 260.00 6. Paint all surfaces in two bedrooms with two coats Duran wallhide paint. $623.53 7. Removeldispose and install new carpet & Padding in both bedrooms.... $1394.53 Total......... $3123.74 Received deposit cash $1500.00 `?Balaannce due at completion of job ............. $1623.74 Respectfully submitted 4Xo4-; -a?X-? Aay alawshon or deviation Jim above spxiGcabom involving mono cob well be axecnbd only open wriam order, and will became an eats charge ova acrd above the aftste All agret®ents aorbiogmt upon shares, accidms, or delays beyond our cool. Note - Thin proposal may be withdrawn by us ifaot accepesd Wilda 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payments will be made as outlined above. Date April 212005 Signature Diana Marshall - Boyle Muscles of the Neck and Face Multiple choice: 1. The insertion for splenius capitis is a. ligamentum nuchae c. mastoid process/occipital bone b. Cl-3 d. transverse process C1-3 2. Splenius cervicis originates here a. spinus process C7-T3 c. transverse process Cl-3 b. thoracic vertebrae T3-6 d. occipital bone 3. Which of the following is not one of the infrahyoid muscles a. omohyoid c. thryohyoid b. stemohyoid d. mylohyoid 4. This muscle is the most superficial in the anterior neck a. scalenes c. SCM b. splenius capitis d. platysma Completion: 5. Stemocleidomastoid is named for it's which are the process, _ and the sternum. 6. Splenius and Splenius are names for the Latin term bandage. 7. How many hours do you need to make-up? Multiply by 9. This is how much $ it will cost if you go over your contract. Identify the following muscles: GENEVA PLACE CONDOMINIUM ASSOCIATION, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 06-561 DIANA L. MARSHALL-BOYLE Defendant CIVIL ACTION CERTIFICATE OF SERVICE I hereby certify that on June 5, 2006, the Sheriff of Lancaster County served a copy of the foregoing reinstated Complaint on Defendant Diana Marhsall-Boyle. A copy of the Sheriff's Return of Service is attached hereto as Exhibit A. a- ?4?' f k' (-&a4tz ;"'j Suz a C. Hixenbaugh, Esquire PA Supreme Court ID No. 91641 ??ll Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 C,w?f A ' - 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608.3480. (717) 299-8200 T SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN .x PLEASE TYPE OR tLEQ DO NOT DACKANY . I. PLAINTIFF/St Geneva Place Condominium Association 2 COURT NUMBER _.: 06-561 civil r 3 DEFENDANT/S/ Diana L. Marshall-Boyle SERVE 5. NAME OF INDIVIDUAL COMPANY. CORPORATION. ETC.. TO BE SERVED Diana L. Marshall-Boyle 4 TYPE OF WRIT OR COMPLAINT otice & Compliant, reinstated 6. ADDRESS (Sir" or RFD. Apartment No.. City. Som. Two.. State and ZIP Code) AT 1475 Mt Pleasant Road Colunbia, PA 17512 7. INDICATE UNUSUAL SERVICE: O DEPUTIZE ? OTHER Now, I'lay 20 I, SHERIFF OF COUNTY. PA., do here If deputize the Sheriff of Lancaster County to execute this Writ ) tlEGrn ther of accQWjap to taw. This deputation being made at the request and risk of the plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIYEN OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomeveris found in possession. attar notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 8. SIGNATURE of ATTORNEY or other ORIGINATOR I d. TELEPHONF NumArn It t nATF SAIDIS, FLOWER & LINDSAY 26 WEST HIGH ST. 13.1 acknowledge receipt of the writ l ' w I'll NAME of Authorized LCSD Deputy or Clerk 114. Date Received 115. Expiration/Hearing date or complaint as indicated above. f n ,I enn Henn a 11 r• 1?1 , ,n ,ni 16.1 hereby CERTIFY and RETURN that Ik'FilM personally served, 0 have legal evidence of service as shown in "Remarks., ? have executed as shown in 'Remarks'. Me writ or complaint described on the individual, company, corporation. etc., at the address shown above oron the individual. company, cor- poration, etc., at me address Inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company. COrppration. etc.. named above. IS" remarks honvIn 16. Name and title of individual served (if not shown above) (Relationship to Defendant) I 19. GNO so be 9MRis -le eels, Oft 30) 20. Address of where served( complete only if different than shown abovel(Street or RFD, Apartment No. City, Boro. Two. 21 Date of Sennco 22. Time State and Zip Code) . M? gc771? ,y ? 'Q (J EST 23. ATTEMPTS eta Miles Dap. Int. Dab Miles Dep. Int. Data Miles Dep. Int. Date Miles Dep. Int. Date MIN; Dap. Int. 24. Advance Costs 25. Service Costs 26. Notary Cart. 27 MileagelP N.F 26. Total C o sts 1 29. COST DUE On REFUND / ? ( Q LP . /-^ 1 05 11 S.T.A.: .,.. ._ _. N 9?IA SL':. JENNIFER L. DUNC.AN, NC':; 3nc6,ter ,.Ity, Lzecas.er !' ?ucrv ov0 141 31. AFFIRMED and subscribed to before me this 34. day of 37. CASE NO: 2006-00561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENEVA PLACE CONDOMINIOUM ASSN VS MARSHALL-BOYLE DIANA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARSHALL-BOYLE DIANA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 8th , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answe ??' _ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lancaster Cc 46.29 Sheriff of Cumberland County Postage 5.39 88.68 06/08/2006 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of A. 0. N G> Q K.Y C!'J N tS7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENEVA PLACE CONDOMINIOUM ASSN VS MARSHALL-BOYLE DIANA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MARSHALL-BOYLE DIANA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 8th , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answe - Docketing 18.00 Out Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lancaster Co 46.29 Sheriff of Cumberland County Postage 5.39 88.68 i 06/08/2006 3/6 06/08/2006 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of , A. D. 113440 F.. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 3 DEFE Geneva Place Condminium Association 3 H n 3 PLEASE TYPE OR PRINT LEGO Y. cn DO NOT DETACH ANY COPIES. 2 COURT NUMBER t 06-561 civil r I NI/J/ 4 TYPE OF WRIT OR COMPLAINT Diana L. Marshall-Boyle otice & Compliant, reinstated SERVE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC, TO BE SERVED Diana L. Marshall-Boyle 6 ADDRESS (Street or RFD, Apartment No., City, Boro. Twp., State and ZIP Code) AT 1475 Mt Pleasant Road Colunbia, PA 17512 7 INDICATE UNUSUAL SERVICE: O DEPUTIZE ? OTHER Now, 20 1, SHERIFF OF ? COUNTY, PA., do hereby ( utize the Sheriff of Lancaster County to execute this Wri rn thereof ac j to law. This deputation being made at the request and risk of the plaintiff. - SHERIFF Of K S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cu-nberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER t 1 DATE SUZANNE C_ HIS NBAUGH, ESQ 717-243-6222 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) SAIDIS, FLOWER & LINDSAY 26 WEST HIGH ST. AR isLE, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing date or complaint as indicated above ( 717-390-2309 5/16/06 6 9 06 16. 1 hereby CERTIFY and RETURN that 1 ave personally served, 0 have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc . at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc , named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19 UNo Service See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No , City, Boro. Twp 21 Date of Service 22 Time State and Zip Code) (f_ ?/?(/ Q{ ,AM- Y/?V?G ED i V ?~ Mil's IDeplnt.l Date I Miles IDep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. Aft. - 24. Advance Costs 25. Service Costs 26 Notary Cert. 27 Mileage/Pos ge/N.F. 28 Total Costs 2 COST DUE OR REFUND ? R zg!y& 1 rsn on '46 rin l Ll (r i?C L 3 1 30. REMARKS , S.T.A.: _ ... 11,, "1' w ...., ?.....e Nat' AL 6tct?pw rr 1 _)U lXAN ai.rr st3?;;ti i SWER. 31. AFFIRMED and subs cribed to before me this CA ` 34. day of ? - AL- M 0 R 20 1 0 n re of \ 9 N. I 3 Date / d /G_ w? Q CL M W F. z Q to W C_; t+_ ti p a - D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff VS. RUSSELL E CLOUSER and LISA M CLOUSER Defendant. Case No.: 05-0561-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $6,305.91, plus interest at 23.90% per annum from November 26, 2004, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( } Verdict ( ) Arbitration Award ( ) By Consent RUSSELL E CLOUSER 11 COUNTRYSIDE COURT CAMP HILL,PA 17011 THIS IS AN ATTEMPT TO COLLECT A DEBT USED FOR THAT PURPOSE. Prothonotary By: gl atzs ( /07n PROTHONOTARY (OR DEPUTY) W AND ANY INFORMATION OBTAINED SHALL BE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff VS. RUSSELL E CLOUSER and LISA M CLOUSER Defendant. Case No.: 05-0561-CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on ?06$(xx) Assumpsit Judgment in the amount of $6,305.91, plus interest at 23.90% per annum from November 26, 2004, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent LISA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL,PA 17011 THIS IS AN ATTEMPT TO COLLECT A DEBT USED FOR THAT PURPOSE. Prothonotary By: #a R- CX9_0" t-,., PROTHONOTARY (OR DEPU AND ANY INFORMATION OBTAINED SHALL BE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. Case No.: 05-0561-CIVIL TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT RUSSELL E CLOUSER and LISA M CLOUSER Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT AND USED FOR THAT PURPOSE. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.442524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 03964755 $6,305.91 ANY INFORMATION OBTAINED SHALL BE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff Case No.: 05-0561-CIVIL VS. RUSSELL E CLOUSER and LISA M CLOUSER Defendant. PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In light of the Court Order granting Summary Judgment in favor of Plaintiff on December 07, 2006, and on October 02, 2007, by Superior Court, the Defendant's Appeal being dismissed, kindly enter Judgment against the Defendants, RUSSELL E CLOUSER and LISA M CLOUSER, in the amount of $6,305.91 computed as follows: Amount Awarded per Order: $6,305.91 Interest from November 26, 2004, at the legal rate of 23.90% per annum: $0.00 TOTAL: $6,305.91 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: James C. W PA I.D.#42`. Weltman, R 1400 Kopp 436 Seven Esquire & Reis Co., L.P.A. Av nue P 5219 (412) 43A-79'55 Plaintiff s address is: c/o Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219And Defendants' address is: 11 COUNTRYSIDE COURT, CAMP HILL,PA 17011 NATIONAL CITY BANK, PLAINTIFF V. RUSSELL E. CLOUSER, AND LISA M. CLOUSER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-0561 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OILER, J.. GUIDO. J., AND EBERT, J. ORDER OF COURT AND NOW, this 7" day of December, 2006, upon the Court's consideration of the Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED AND DIRECTED that the Motion is hereby GRANTED. IT IS FURTHER ORDERED AND DIRECTED that Judgment be entered in favor of the Plaintiff, National City Bank and against the Defendants, Russell E. Clouser and Lisa M. Clouser in the amount of $6,305.91, plus finance charges at the rate of 23.90% from November 26, 2004 to the date of this Judgment, and thereafter at the legal rate of interest, plus costs. By the Court, ,?k -? ?-a M. L. Ebert, Jr., J. James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A. Attorneys for Plaintiff Russell E. Clouser s Lisa M. Clouser * (;OPV FFOM WORD Defendants 1_ I e unto so my Am Ei11e 8" of sue' _ a Pa bas , "trio fc.w ('? rC.1 / n LI ?c 3. A27043/07? NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P.65.37 NATIONAL CITY BANK, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, . Appellants No. 477 MDA 2007 Appeal from the Order of December 7, 2006, in the Court of Common Pleas of Cumberland County, Civil Division at No. 05-561 BEFORE: MUSMANNO, BOWES AND COLVILLE*, JJ. MEMORANDUM: FILED: October 2, 2007 This is an appeal from an order granting summary judgment in favor of Appellee National City Bank. We dismiss this appeal. The trial court provided a thorough background to this matter. Trial Court Pa.R.A.P. 1925(a) Opinion, 2/1/07, at 2-5. Given our disposition of this appeal, we need not repeat this background in its entirety. In short, Appellants applied for and received a credit card from Appellee. Appellee later initiated an action against Appellants to recover the balance owed by Appellants. The case eventually arrived in front of a panel of arbitrators, who entered an award in favor of Appellee for $6,305.91 plus interest. Appellants appealed to the trial court. Appellee then moved for and was granted summary judgment. This timely pro se appeal followed. *Retired Senior Judge assigned to the Superior Court. 3. A27043/07 In their brief to this Court, Appellants ask this Court to consider the following questions: 1. Can the court below assume material facts not in evidence and base a decision on such [a]ssumed facts? 2. Can the court below [i]gnore Clouser's unrebutted testimony? 3. Can the court below accept and admit into evidence statements of counsel as "facts"? 4. Can the court below accept and admit into evidence uncertified exhibits? 5. Can the court below invade the province of the jury to evaluate the weight and sufficiency of the evidence? Appellants' Brief at 1-2 (suggested answers omitted). We find that, because Appellants' brief is substantially out of compliance with the Rules of Appellate Procedure, dismissal of this appeal is warranted. We, therefore, do not reach the merits of the questions that Appellants ask this Court to consider. Briefs filed in this Court must conform in all material respects with the Rules of Appellate Procedure. Pa.R.A.P. 2101. This Court has the discretion to quash or dismiss an appeal when the defects in an appellant's brief are substantial. Id. Initially, we point out that Appellants' brief is out of compliance with Pa.R.A.P. 2116, as their "statement of questions involved" is not on a separate page. See Pa.R.A.P. 2116(a) ("The statement of the questions -2- 3. A27043/07 involved ... must always be on a separate page, without any other matter appearing thereon."). Pa.R.A.P. 2116(a) also states, "This rule is to be considered in the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby." With regard to this mandate, Appellants' argument section of their brief in no way corresponds or seemingly relates to the questions they ask this Court to consider on appeal. For instance, the first line of the argument section of Appellants' brief avers, "This appeal is aimed squarely at the trial court's want of subject matter jurisdiction." Appellants' Brief at 7. We quoted Appellants' questions to be considered on appeal above, and these questions do not remotely suggest that Appellants seek to challenge the trial court's jurisdiction over this matter. Most problematic for purposes of our review is Appellants' abject failure to comply with Pa.R.A.P. 2119. Pursuant to Pa.R.A.P. 2119(a), the, argument section of an appellant's brief must be divided into as many parts as there are questions to be argued and followed by "discussion and citation of authorities as are deemed pertinent." As alluded to above, the argument section of Appellants' brief is not divided into as many parts as there are questions involved, nor do the separate arguments correspond to the questions to be considered on appeal. Moreover, several of the arguments -3- ). A27043/07 . put forward by Appellants are unsupported by citation. See, e.g., Appellants' Brief at 8, $1. A review of Appellants' brief, particularly its "Table of Authorities," reveals that Appellants cited to caselaw from a variety of jurisdictions but failed to cite one case from Pennsylvania.' As this Court has stated many times: While this court is willing to liberally construe materials filed by a pro se litigant, we note that appellant[s are] not entitled to any particular advantage because [they] lack[ ] legal training. As our supreme court has explained, any layperson choosing to represent [him or herself] in a legal proceeding must, to some reasonable extent, assume the risk that [his or - her] lack of expertise and legal training will prove [his or her] undoing. Branch Banking & Trust v. Gesiorski, 904 A.2d 939, 942 (Pa. Super. 2006) (citation omitted). Moreover, "we decline to become the appellant's counsel. When issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review[,] a Court will not consider the merits thereof." Id. at 942-43. For these reasons, we exercise our discretion to dismiss this appeal. Appeal dismissed. ' Appellants' brief also fails to comply with Pa.R.A.P. 2117(b) in that Appellants' "statement of the case" contains superfluous argument. We -4- ). A27043/07 Judgment Entered: c e uty Prothonotary October 2, 2007 Date: further note that Appellants' arguments comprehend. are difficult to follow and -5- IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT NATIONAL CITY BANK, Respondent V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Petitioners PER CURIAM No. 921 MAL 2007 Petition for Allowance of Appeal from the Order of the Superior Court ORDER AND NOW, this 29th day of April, 2008, the Petition-for Allowance of Appeal is hereby DENIED. TRUE & CORRECT COPY ATTEST: April 29, 2008 Non a K. Blynn, Chief Clerk VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: - James C . W brodt, Esquire PA I.D.#4 Weltmaninberg & Reis Co., L.P.A. 1400 K pe Bldg. 436 Se en Avenue Pittsb , PA 15219 -7955 =3964755 n d 13, S. d C C^ .. C=' CIO ? r?R t w r co W 0 Curtis R. Long Prothonotary office of the Protbonotarp Cutnberlanb UCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor t!)L -.St. [ CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573