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Home My WebLink About02-3790ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff Vo DAVID M. CHERRY and DANA L. CHERRY, Defendants : NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff Vo DAVID M. CHERRY and DANA L. CHERRY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, pENNSYLVANIA : : NO. : CIVIL ACTION- LAW NOTICIA Le ban demandado a usted a la corte. Si usted quiere defenderse en contra estas dernandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apaxiencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de dernanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES LIN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff Vo DAVID M. CHERRY and DANA L. CHERRY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. . : CIVIL ACTION - LAW individuals who reside at 606 Allenview Cumberland County, Pennsylvania. COMPLAINT AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION, INC., by its attorneys, Saidis, Shuff, Flower and Lindsay and state the following cause of action: 1. The Plaintiff, Allenview Homeowners Association, Inc., ("Plaintiff') is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3512 Trindle Road, Camp Hill, PA 17011. The Defendants, David M. Cherry and Dana L. Chen'y ("Defendants") are adult Drive, Mechanicsburg, Upper Allen Township, 3. The Defendants are the owners of a townhouse situate at and known as 606 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview Development and under and subject to the Declaration of Covenants and Restrictions dated December 6, 1984 ("Covenants and Restrictions"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Defendants, as the owners of the Property, are members of the Allenview Homeowne~s Association (the "Association") and are governed by the By-Laws of the Association (the "By-Laws"), a copy of the relevant portions of which is attached hereto as Exhibit "B" and incorporated herein by reference. 5. Article V of the Covenants and Restrictions and Article gl of the By-Laws provides that the owner shall pay annual and special assessments to the Association, which assessments are to be paid in advance on a quarterly basis. 6. Each annual assessment, payable to the Plaintiff, is determined as set forth in Article V, Section 3 of the Covenants and Restrictions and as set forth in Article gl, Section 2 of the By- Laws through the Association's Board of Directors with written notice of the assessment to be sent to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and Restrictions. 7. Defendants are in default of their obligations to pay to Plaintiff, the third and fourth quarterly installments of the annual assessment for 2001 due September 30, 2001 and December 31, 2001, respectively, the first and second quarterly installment of the annual assessment for 2002 due March 31, 2002 and June 30, 2002, and the Association has exercised its right under 68 P.S. 5315(a) to accelerate and demand payment of the entire annual assessment due for 2002. A copy of the Association's demand is attached hereto as Exhibit "C" and made part hereof. 8. The Defendants were notified that the following quarterly installments of the annual assessments were due and payable to Plaintiff in advance. a. Assessment for third and fourth quarters of 2001 due on September 30, 2002 and December 31, 2002 respectively, in the amount of Two Hundred Twenty-Three and 00/100 Dollars ($223.00) each. b. Assessments for four quarters of 2002 in the amount of Two Hundred Eight and 00/100 Dollars ($208.00) each. 9. Defendant purchased the Property under and subject to the Covenants and Restrictions and the By-Laws and became personally liable therefor. 10. Despite demands by the Plaintiff, the Defendants have failed and refused to make payment to the Allenview Homeowners Association of the installments for the third and fourth quarter of 2001 and for four quarters of 2002. 11. Article V, Section 9, of the Covenants and Restrictions provides that the Association has the right to collect all delinquent assessments together with such interest thereon and the cost of collection thereof; and if the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of the delinquency. Article m, Section 9, of the By-Laws specifies that the rate of interest charged shall be six percent (6%) per annum and shall be collectable by Plaintiff together with reasonable legal fees and costs of suit. 12. The Defendants have damaged the Association by their failure to make payment of the assessments in accordance with the Covenants and Restrictions and the By-Laws. 13. As of the date hereof, Plaintiff has incurred reasonable legal fees in connection with the preparation and filing of this Complaint in the amount of Two Thousand Seven Hundred Thirty and 84/100 Dollars ($2,730.84). 14. Defendants are liable to the Plaintiff for the following: a. Third quarter of 2001: $ 223.00 b. Fourth quarter of 2001: $ 223.00 c. First quarter of 2002: $ 208.00 d. Second quarter of 2002: $ 208.00 e. Third quarter of 2002: $ 208.00 f. Fourth quarter of 2002: $ 208.00 g. Late charges: $ 17.84 h. Legal fees $1~435.00 TOTAL DUE $2,730.84 WHEREFORE, Plaimiff demands judgment against the Defendants, David M. Cherry and Dana L. Cherry, in the amount of Two Thousand Seven Hundred Thirty and 84/100 Dollars ($2,730.84) together with additional interest, attorneys' fees, expenses and costs of suit. SAIDIS, SHUFF, FLOWER & LINDSAY 'KY a.J~~'M. Le.e~ohm~E~u~r~ ~~-''''''''-~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION, INC. DEClaRATION OF COVENANTS AND I~STRICTIONS by Allenview, Inc'.) anicessor rs Breneman and Calobreae, hereinafter coiled Developer of Allenviev Planned ltesidenttol Developa~nt, hereinofter called Allenview, .~ococed ~n Upper Allen To~flship; Comberls~ Coun~y~ Pennoylwnlo. W~T~SSETH: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration end desires to create thereon s residential coonunity with permanent parks, playErounds, open spaces, and other common facilities for the benefit of the said co~munity; and WHEREAS. Developer desires Co provide for the preservation of the values and amenities in said community and for the maintenance of said parks. playgrounds, open spaces and other common facilities; and. to this end. sires to subject the real property described in trticle II. together vith such additions as may hereafter be made thereto (as provided in Article II). to the covenants, restrictions, easements, charges end liens hereinafter set forth. each and all of vhich is sod are for the benefit of said property and each o~uer ~hereof; end WHEREAS. Developer has deemed it desirable, for the efficient preser- vation of the values and amenities in said community, to create an agency to ~hich should be delegated and assigned the powers of maintaininS end administering the community properties and facilities and administering and enforcing the cove° neats and restrictions and collecting and disbursing the assessments and charges hereinafter c~eoted; omi NHEREAS, Developer has incorporated under the laws of the Commonveelth of Pennaylvan~a, aa · non-profit corporation, THE ALLENvIE~ ItOME 0~ AS~- TION. for the put,se of exerciainS the functions aforesaid; ~ .... o 1- , ( EXHIBIT "A" f lqO~, THEREFORE, the Developer declares that tho reel property described in Article II, end such additions thereto as My hereafter b~ node pursuant co Article ~I hereof, Is end shell be he~d, transferred0 sold, con- veyed end occupied subject Co the covenants, rescricCtons~ ease~nCs, cbrse~ s~ Ii,eno (soMt~eo referred to ss "covenants sad restrict~onl") hero,nearer set fetch, ARTICLE I DgFINITIONS 'Section 1. The rolls.ins words, when used ia this Declaration or any Supplemental Declaration (unless the context shell prohibit), shell have the followin$ meentnss: (e) "Association" shell ~een and refer to the Allenview Home- owners Association. (b) *The Properties" shell neon end refer to ell such existtns properties, end additions thereto, eo ore subject to this Declaration or say Supplemental Declaration under the provisions of Article I! hereof. (c) *'Common Properties" shell mean end refer to only those crees of lend shown on any recorded subdivision plat of The Properties end intended to be devoted to the common use end enjoyment of the owners of The Properties, sad may include the load end improvements for otreete~ easements, perks; pleysrounde~ swimmin$ pools, pedestrian- ways, end any buildings, structures or epportenonces incident thereto, subject to the reservations contained in ArtXcle XX, Section 4 hereof. (d) "~ot" shell neon and refer to soy plot of lend sho~n upon any recorded subdivision nap of The Properties with the exception of Oon~non Properties os heretofore defined. (e) **Living Unit** 8hall mean end refer to any portion of · b~'ldin~ situated upon The Properties designed end intended for use end occupsncy es s residence by · 8in$1e family. - 2- (f) ';Co~pleted Living Unit*' shall mesa end refer to any portion of s building situeted upon The Properties designed and intended for use and occupancy ss a residence by a single family for which an occupancy permit has been received from the appro- priate township official. (g) **Single Family Detached Dwelling" shall mean a buildin~ iubed by one family, having only one living unit end two side yards. (h) "Single Family Semi=Detached Dwelling" shall mean a build- ing used by one family, having one living unit end one side yard and one party wall in con~on with another building. (l) "Single Family Attached Dwelling (Row)*' shall mean a building used by one family and having one living unit and two party walls l~ conunon with other buildings (such ss townhousea). (j) "Hulti-Family Dwelling" shall mean s building used by threa or more families living independently of each other and doing their own cooEing, including apartment houses~ or townhousea. (k) "Owner" shall mean end refer to the record owner, whether one or more persons or entities, of the fee simple title to say Lot or Living Unit situated upon The Properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (1) *~ember" shall mesa and refer to all those Owners who ara members of ~he Association as provided in Article lll~ Section l~ hereof. (m) "Developer" shall mean and refer Co Allenviev, Inc.~ successor to Brenemsn and Calabrese, end Co such other Person or legal entity'to whom Allenview~ Ins., successor to Breneman and Calebrese, expressly assign the rights of the Developer hare~n tn writing. - 3- ARTICLE Il PROPERTY SUBJECT TO TJIIS DECLARATION~ ADDITIONS THERETO SeCtiOn 1. Existing Property. The real property wl~tch is, and shall b~ held, transferred, sold, conveyed, end occupied subject to this Declaration is ~ocetad in Allenview, and is more particularly described st Stage III, Section. C, Tomlhouse Plots Nos. 7A, 7B, 7C, 7~D, 7E, 7P, 70, TH; SA, 8B, 8C, 8D, 8.E, 8P[ 9A, 9B, 9C, 9D, 9E, 9F, 96; IOA, lOB, 10C, IOD, iOE, lOP, 10G, lOH, all of which real property shall hereinafter be referred to as "Existing Property." Section 2. Restrictions for Use and Development. The Lots ouCline~ on said plots for State III, Section C, shall be subJec~ to the follo~ing restric- (a) Land Use and Buildint Types. The land shell be used and buildings of the following ~ype and no other shall be desi~ned, erected', maintained and occupied on said lots:' "Single Family A~tached (asr) ". '(b) Build/nE Location and Landscaped Yards. No building or eny part thereof shall be erected or maintained closer then twenty- five (25) feet to any street and, in the case of Hr. Allen Drive, Hertzeler Road, and all exterior boundaries of Allenvie~, a building setback of not leas than fifty (50) feet shall be maintained. Not- withstanding the above an unoccupied open space shall be designed, landscaped and maintained in the front, side and rear yards of each Lot, the depth of which shall be not less than sho~n on the recorded Final Subdivision and Land Development Plan. (c) Outdoor Storaze Areas. Firewood, bicycles, laum mowers, garden tools, furniture and all other such articles shall be stored in areas appropriately located on the Lot to the rear of the dwellin~ and ~arag~ and set back from all Lot lines aa mentioned above and screened from all streets, aide and rear Lot lines, with a structure, shrubs or hedge, in · location and manner approved by the lrchi~ectural Control Committee. (d) Completion. All dwellings and garages shall be completely finished on the exterior and all grading and seediug shall be done ~ithin one (l) year of the start of construction or ground breakl~. Any excess e~rth or ground from shy construction shsll be the prop- erty of the Developer and shall be removed by the Lot owner st his expense to a place designated in the development end determined by the Developer. (e) Yences! HedRes and Shrubs. gentes, hedges end shrubs shall not be erected, planted or maintained in the above required yard spaces or along the Lot lines of any Lot unless approved by the Architectural Control Con~nittee. (f) StRht Distance. All trees, shrubs and structures shall be located and maintained so that the sight distance from vehicles is eot obstructed at ell street and driveway intersections. (g) .?arkieR Spaces. Not less than two (2) improved perking spaces (10~ x 20t) shell be located on the same Lot ss each Living Unit. (h) ~asementa. All Lots and LOt Owners ere subject to si1 cove- nsnts, restrictions, rights-of-way and easements of record, as we1! ss subject to all present or future zoning ordinances or building regula- tions of the Township of Upper Allen, Cumberland County, Pennsylvania. (t) ~uisancea. ~o noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance, nuisance, or of aesthetic damage to the neighborhood, nor upon any street in Allenview. (J) Temporary Structures. No temporary dwellings shall be erected or mai'ntslned on any Lot. Gateges~ basements or say temporary structure shall not be used for human habitation. No prefabricated constructioo ot otherwise, oc any concrete slab £oundstion aha1! be per~ttced unless specifically approved in ~ritin8 prior thereto by the Developer. No trailers, motor homes, tents, shacks, barns or boats, or any .~pe ~ outbuilding, unless previously approved in writing by the Deve~op~, shall be erected on any LOt, nor parked on a street ia Allenview. - 5- 30 [ PACE (k) elsa·, Ho sign of any kind shell be displayed to public. view on any Lot except one sign of not more then five (5) square f~et sdvert~BlnS the property for sale or rent, or signs used by · builder to edvektise the property during construction end/or the original sale period. (l) Livestock ·nd Poultry. Animals, livestock or poultry, ex= cepting household pets, shall not be reis·d, bred or kept on say Lot. Household pets My be kept, provided they ·re not kept, bred or main= rained for any commercial purposes. Notwithet·ndtng the ebove~ the non-consaerctal keeping of horses or ponies for the recreation use by the O~n3er of a Lot will be permitted on Lots of five (5) acres or more, es provided in Section 2(a) hereof, An accessory structure shell be permitted on · Lot only when ·pproved by the Architectural Control Cous~ittee. (m) Garbage end Refuse Disposal. The Owners of ·ti Lots shell, at their expense, connect to the public sewer and water systems. No Lot 'shall be used or maintained as · dumping ground for rubbish. All tr·sh, g·rb·ge or other waste shell be kept in sanitary cant·leers end placed in specified loc·lions for collection. The burning of tr··h, debris ·nd la·yes shell not be permitted on · Lot. (n) Del·y of Dwellln~ Construction. Should the Owner of ·ny Lot not construct · home within one (1) ye·r of the purch·se of said Lot, then the Lot Ovner must seed end maintain the Lot es se not to detract from the overall development. (o) Architectural Control Consnittee. The Owner of · Lot shell not cam·nee construction of · dwelling, gar·ge, or any .other per- mitted structure until the Architectural Control Consnittee has re- viewed end approved the proposed pl·n showing the type of structure to be placed on said Lot. The provisions of this section shell not · ~ply to Developer during original construction. -~; '(.p) Street Lights. SCree~ l~ghte of · uniform design shell be La·toiled throughout Ail·nview under the supervision of the Developer · nd the Architectural Control ¢on~nittee. - 6- (q) Utl{ity Service ,~ines. All utility servica lines shall ha installed unddrground where feasible. Section 3. A~,ditiona to Existins Property, Additional lands may bsa coma subject to this Declaration in the following manner: (a) Additions in Accordance with the Tentative Development and StbRe Plan. The Developer, its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, as generally outlined on the Tentative Development and Staging Plan dated February 25, 1980, ~nd filed of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 251, at Page 737. Said Tentative Development and Staging Plan outlines the proposed additions to the Existing Property and contains: (1) a general indication of size and location of the additional stages for development of the following uses and building types: STAGE III - Single Family Detached D~ellinga { Single Family Semi-Detached D~eliings (Duplexes) Single Family Attached Dwellings (Tovnhouses) Apartments (3-story Garden Type); (2) the approximate size and location of co~aon properties reserved for dedicstion with each stage; (3) the general nature of proposed common facilities and improvements, including the provision of improved yard spaces and not less than t~o (2) improved parking'epeces required Co serve all Living Units, including the Apartment and To~nhouse properties; (4) a statement that the proposed additions, if made, will become ,subject to assessment for their Just share of Association expenses; and · ~:, (5~)- a schedule for termination of the Developer's right under the provision of this sub-section to brin~ additional de- . velopment stages within the scheme. - 7- Unless Otherwise stated therein, ·oLd TeuCsCive DevelopaeuC to make the props·ed additions or to adhere to the Plan in any suhee- queue develo~nent of Cbs land shown thereon and the Tentative Develop- meat sn~ Sc.$in$ Plan contain· · conspicuous statement co this effect. The addition· authorized under this and the ·ucceedins sub-sec- tion shall be made by fllinS of record · Final Subdivision and L~nd Development Pl·n for each ·rose and · Supplementary Decl·rat/on of Covenant· ·nd Restrictions with respect to the additional property. The location end arrangement of buildings, streets0 yards end open space ·nd the ·tee and bulk of buildinss ·s indicated on ch· Tan- retire Development and Staging Plan may be 8mended~ revised, altered or changed subject to the approval of Upper Allen Township provided, however) that the use of the land shall be limited to one or more of the v/Chin described residential buildins types. Such Supplementary Dec!or~tion may contain such complementary eddit/on· and modifications of the covenants and restrictions contained in this Declaration aa may be necessary Co reflect the different char- acter, if any, of the added properties and aa ore not inconsistent the scheme of this Declaration. In no event~ however, Ih·Il such Supple- men·sty 1)·ciera·ton revoke, modify or add to the covenants established by t~i· Declaration within the Existing Property. (b) Other Additions. Additions other than those authorized by sub-section (o) herein may be made upon approval in writing of the Association pursuant Co approval by · two-thirds (2/3) vote of each class of membership, as described ia Article III, Section 2. The Owner of any property who desire· Co odd iC Co Ch· scheme o~ this Declaration and to sub}ecS Lc to the Jurisdiction of ~he Aseoc/ot~on~ may file or record a Supplementary Declaration of Covenants and · ·fictions, ·s described in subsection (a) hereof. .::j .(~) Herler·. Upon · merser or consol/d·Cion of the with another a··oct·~/on os provided in l~s Articles of Incorporation, i~· properties, rights and obligations may) by operation of low, be - 8- 301 ternetively, the properties, rights emi obli$·ttons of ·nother esso° ¢l·tion miy, by Operetion of law, be edded to the properties, right· · mi obllsacions of the Assoct·~lon ·ss surviving corporation put·usnr to · merger. The surviving or consolidated association m·y ·dmint·ter the Existin$ Property, together vith the covenents sad restriction· e·t·blished upon eny other properties ss one scheme. No such merser or consolid·cion, however, shall effect say revoc·tion, ch·nSe or eddlo tion to the covenants established by this Decleretion within the Exist° ins property except aa hereinafter provided. ARTICLE III H~ERSHIP AND VOTING RIGHTS IH THE ASSOCIATION Section I. Hemhersh~. Every person or entity who ti.· record Owner of · fee or undivided fee In any Loc which ts subject by coven·at· of record to es·es·meat by the Association shell be a member of the Association, provided thet say such person or entity who holds such interest merely es · security for the performance of in oblisation shell not be · member. SectiOn 2. Voting Rt~hta, The Association shell hive two clsssel of voting membership: Class A. Class A members shall be ell chose Owners es defined in S~cC£on ~ with the exception of the Developer. Class A members shall be entitled co one vote for each Lot (or LlvtnS Unit) ia which they hold ch· interests re9u~red for membership by Section 1. more than one person holds such interest or inter·sCa tn any Lot (o~ Living Unit), ell such pets·as shall be members~ end the vote for such LoC (or Ltvin8 Unit) shall be exercised es they among themselves determine, but in no event shall more than one vote be cast with spect to any such Lot (or Living Unit). Class E, Class E members shall be the Developer, The Class member ahal~ be entitled Co three votes for each Lot in which l~ holds the inter·sc reguired for membership by Section I (sod for every Living Unit in any ~ulCl-¥imlly Structure owned by it until such Unit Is first sold), provided that Ch· Class E me~bership shell cease emi become converted to Cleas A Nembership on the hsppeninS of · n~thei.~ollowtn$ events, whichever occurs (s) when the total votes outstanding in Chi Class A membership equs! the total votes outatondini in the Class B membership; or (b) liven (7) years from the date hereof. From sad after the happening of these aventa~ whichever occurs eerlier~ the Class E member shall be deemed to be a Class & member. entitled to one vote for each Lot (or Living Unit) in which it holds the interests required for membership under Section 1. (For purposes of determininS the votes ello~ed under this Sec° tion~ when Living Units are counted~ the Lot or Lots upon which such Living Units ere situated shall not be counted.) ARTICLE IV PROPERTY RIGHTS IN THE CONNON PROPERTIES Section l. N~mbers' Easements of Enjoyment. Subject to the provisions Of Section 3, every Kember shall have a right and easement of enjoyment in and to the Con/non Properties and such easement shall be .ppurce~n~ Co ~ shall pass. with the title or lease Co every ~C (or Living Unit). Section 2. Title to Co.on Properties. Notwithstanding any'pro~sion he~ein~ the ~evelopor hereby covenan~s~ for i~self, l~s heirs a~ asslsns~ it shall convey as Co.on Properties ~he following: (a) Rights-of-way and easements for s~ree~s~ sanite~ and sto~ drainase~ays ~ith co'pieCed improvements In p~ace shall be constructed In accordance ~i~h the applicable provisions of Upper Allen Township, and shall be offered for dedica~ion to Up~r Allen ~ownship. (b) The title to co~n open space for parks~ recren~ion and ocher co.on facilities ~i~h improvemen~s In place shall be farted to the Associa~ou under ~he condition thn~ the Association shall have or hire adequate s~aff to administer co~n facilities maintain the co.on open space. (c) 'Easements for ~a~er, electric~ ~elephone~ televiston~ ' o~he?~ttli~y services~ shall be provided ~o ~he res~ctive o~rntinS companies. - Il- i i I Section 3, Extent co Hemberst Easements, The rlshts and easeMnta of enjoyment created tiereby shall be subject to the following: (a) The right of the Association, in accordance with its Articles of Incorporation end By-l~ws, to borrow money for the purpose of proving the Co~non Properties and in aid thereof to mortgage said prop- erties. In the event of a default upon any such mortgage0 the lender°s Tights hereunder shall be limited Co a right, after taking possession of such properties, Co charge admission, and other fees sa a condition to continued enjoyment by £he members and, if necessary, to open the enjoyment of such properties to a wider poblic until the mortgage debt ia satisfied0 whereupon the possession of such properties shall be turned Co the Association and all rights of the ~embers hereunder shell be fully restored; and (b) The right of the Association to take steps as ore reason- ably necessary co protect the above-described properties against fore- closure; and (c) The right of the Association, as provided in its Articles end By-Lawn, to suspend the enjoyment rights of any Hember for any period during which any assessment remains unpaid, and for any period not exceed thirty (30) days for any infraction of ica published rules and regulations; and (d) The right of the Association to charge reasonable admission and other fees for the use of the Cannon Properties; and (e) The right of individual Members to the exclusive uoe of parking spaces as provided in Section 4 hereof; end (f) The right of the Association to dedicate or transfer all or any part of the Cannon Properties to any public agency~ authority) or utility for such purposes and subject co such conditions ae may be agreed to by the Members, provided that no such dedication or transfer, determination as co the purposes or as co the conditions thereof, shall be ef~ct~;~unleas on instrument signed by Members entitled to cost two-thirds (2/3) of the votes of each clans of membership has been - 11- recorded, eBreeins to such dedication, transfer, purpose or condition, .nd unless written notice of the proposed agreement end action there- under Ib sent to every Hember et least ninety (90) days in ,dvsnce of soy action to be taken. It is understood sad agreed that ua such public agency or authority ts obligated to accept soy such dedication or trsnso far; end (g) In the event that the Association shell, st any time, fail to maintain the common properties under its Jurisdiction in reasonable order and condition in accordance with the development plen~ Upper flies Township may serve written notice on the A~aocistton or the O~mers setting forth the manner in which the Association has filled to msia- tsin the common open space in reasonable condition; end said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof sod shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice, tt such hearing, the Township may modify the terms of the original notice as to the deficiencies sod may give on extension of time within which they shall be cured. If the deficiencies set forth in the orilinsl notice or the modifications thereof shell not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of the properties within Allen- view sod prevent the common open space from becominS · public nuisance, may enter upon said corm~on open apace and maintain the smae for a per* lad of one year. Said entry end maintenance shall not vest in the public any rights to use the co,~on open space except when the same is voluntarily dedicated to the public by the residents and Owners. Before the expiration of said year~ the Township shell) upon its initiative or upon the request of the Association call · public hear- in8 upon notice to the Association and Owners to be held by the Totm- shi~, ~'~i.~which hearing such Association sod O~ners shell show cause why such maintenance by the Township shall not) at the election of the Township, continue for s succeeding year. If the Township shsl! - 12- determine that the Association i· re·dy end ·bls to m~lntain common open ·pete in · res·unable condition, tha Town·hip ·hall cea·a to maint·ln ·aid common open ·pete at the end of ·aid year, If the To~mshlp ·hell determine the As·ocl·tton i· not re·dy ·nd able to ~·tnt·in ··id common open ·pete in · re·son·bls condition~ the Totm- · hip m·y~ ·t its discretion, continue to maint·ln said common open · ~ace during the next succeeding year ·nd, subject to · similar hear* lng and determination, in each year ~heresf~er, The decision of ~ovnsh~p In any such case shall constitute a f~nal administrative de- cision subject co judicial review. The cost of such maintenance by the Township sh~ll be assessed ratably a~sins~ ~he properties within lllenvie~ ~hat have · right of enJo~enc of ~he co.on open space and shall become s ~sx lien on proper~ies. Said assessments or char~es ah·Il be aubordina~e In ltln ~o ~he lien of any mortgage or ~or~Ea~es on the proper~y vhich ts sub- Jec~ ~o such assess~nCs or char~es regardless of when saig or mortgages were crea~ed or when such assessments or cb~es provided such subordination shall apply only ~o assessments or ~ha~ have beco~ payable prior ~o ~he passin~ of ~i~le under of such ~r~a~e or mortgages and ~he transferee ·hall no~ be 'for Pe~n~ of any assessments or char~ea accruin~ prior ~o s~ld for~- closurel bu~ no~hin~ herein shall be held ~o affec~ ~he rl~h~s ~lven ~o enforce ~he collec~ion of s~ch assessments or char~es in~ after sale under foreclosure of such mor~aEe or mortgages; provided, further, ~ha~ such charEes accruin~ after sale shall also b~ subordins~e In lien ~o ~he lien of any further mortgage or ~hich are placed on property s~bjec~ ~o such assessing0 or chsr~s~ wl~h ~he ln~enC that no such char~es shall a~ any ~i~ be prior lien of shy mortgage or ~r~es whatsoever on such pro~r~y. ~o~ship, a~ ~he ~lme of encerin~ on said co~n open sps~ ~or purpo:~e o~in~enance, shall file · notice of such ll~n in ~h~ of ~he pro~hono~ary of ~he County on ~he properties stf~ct~d by such lien vichia the planned residential develo~nC. - 13o C Section &. P~rktng Rights. ~he &ssoctat$on ehsll maintain upon thl Coumou Properties it least C~o (2) perkins spaces for each Living Unit in srels developed with Towhhoules end Apartments, Subject to ~eesoneble rules end ditions, the Association shall designate et least Cvs (2) perkin& spices convin- ' lonely located with respect to each Living Unit for the exclusive use of the )lambers residing therein, their fsmlltes sad guests. The use of such space by say ocher member or person mey be enjoined by the Association or the Hembers entitled thereto. The right to the exclusive use of such perkins specs end to its maintenance and designation by Lhe Association shell be appurtenant to end shall pass with the title to each Livins Unit. ARTICLE V COVENANT FOX MAINTENANCE A$SESS~NTS Section I. Creation of the Lien and Personal Oblisstton of Assessments. The Developer for each Completed Living Unit ovfled by him withinThe Properties hereby covenants sad dach Owner of say Completed Living Unit by acceptance of · deed therefor, whether or not lc shall be $o expressed in any ouch deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) snnusl assessments or charges; (2) special assessments for capital improve- ments, such assessments co be fixed, established, and collected from time to time es hereinafter provided. The snnual end special assessments, together with such interest thereon and costa of collection thereof, as hereinafter provided, shall be · charge on the land sad shall be a continuing lien upon the property easiest which'each such assessment is made. Each such assessment, tosether with such interest thereon and cost of collection thereof, ss hereinafter provided, shell elsa be the personal obligation of the person who was the O~ner of such property et the tine when the assessment fell due. Section 2. Purpose of Assessments, The assessments levied by the Aeaociatio~ shall be used exclusively for the purpose of promoting the recreatiou, health, est~ty' ~nd welfare of the residence in The Properties and in particular - 14- 30 t At[ 303 for &he lmprove~nC and maln&enance of properCles~ lerv~cel~ Ind flclli~lel voted Co chis purpose and related Co the uae and enJoymen~ of the Common erCiea and of the homes situated upon The Properties, lncludtflS, but not limited Co) the payment of taxes end insurance thereon end repair, replacement and addi- tions thereto, and for th~ cost of lobar, equipment, materiala~ manasemenCe end supervisions thereof. Section 3. Basis of Annual Assessments. The AssocisCion~ through ice Board of Directors, shall fix the annual Assessment per loc based upon the eeC~meted cost of carrying ouc the responsibilities of the Association. There abel! be Cwo types of annual assessment as follows: (a) General assessments applicable Co all record owners of lace upon which are constructed single-fpmlly or cwo-family dwellings, townhouses, apartments and condominiums. Said properties shall be assessable for the following purposes only: (l) The lawns and planting as outlined on the Final Sub- division Plans under the c&Cle of Cannon Open Space. (2) The sidewalks and pedesCrisnways in the public rights- of-way easements and in common open space sa outlined on the Final Subdivision Plans. (3) Outdoor lighting in public rights-of-way and on common properties. (4) Essential fmprovementa mch as drives, sanitary aewerap water lines) fire hydrants, storm sewers, fences,, signs and ocher facilities essential for the uae and maintenance of Common Prop- stoles. (5) Recreation facil~ciea such 08 awimndng poolap courts) playground equ£pmenc, picnic facilities and any oCcur- cures or appurtenances related thereto. (6) Llob~liCy and Property Damage Insurance relat~n8 Co Che':~foF~nCioned Cannon Properties. (7) Capital Reserves es deemed necessary for replacement of the aforementioned Co~non Properties. - (8) Trash Collection Service. (9) Han~$ement Services. (b) Limited assessments applicable only to record owners of Living udits in Stage 2-B - 54 to~nhousea, Stage 3-B - 106 to~mhouael, Stap 3-A - 52 apartments or condominiums, and Stage 3-C o 36 apart- meats or condominl~s. Such limited assessments shall ~ assessable for ~he follow,nS put.sea and shall be on oddi~tonol ossessMnt over and above tha~ provided under Section 3(0) shove: .~ ~ork~ns lacs and relo~ed ~nproveMnts. (2) ~ns and plonCXng. ExCeg$or o~ Courthouse ~nd opoFr~nr bu$tdSngs. LSmLced e~oeos~rs ~h811 nsc be oppILed ~goSnsr pgo~rry o~ero of sin~le-~mily or c~-fam~ly dwellings, Section 4. Special Assessments for Capital Improvement~. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy.in any assessment year s special assessment, applicable to that year only, for the purpose of defraying, Iff whole or in part, the coat of any construction or reconstruction, unexpected repair or replacement of a described capital im- provement upon the Co~non Properties, including the necessary fixtures and per- sunni property related thereto, provided that any such assessment shall'have the assent of two-thirds (2/3) of the votes of each class of Hembers who are voting in person or by proxy at a meetin$ duly called for this purpose, written notice of uhich shall be sent to all'14embers at least thirty (30) days in advance and shall sec forth the purpose of the meeting. Section S. Chan~e in Basis and Haximum of Annual Assessments, Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such chan. l~e shall have the assent of too-thirds (2/3) of the votes of each class of-~e~b who ~re votint in person or by proxy~ ac · metinj duly celled for this purpose~ written notice of ~hich shall be sen~ to ell ~bers et least - 16- thirty (30) days in advance and ·hall set forth the purpose of the provided further that th~ limitations of Section 3 hereof shall not apply to any change in the msximu~ and basis of the asse··ments undertaken ss ·n lnctdant to a merger or con·olidstion in which the As·oci·tion is authorized to particl= pate under its Articles of Incorporation and under Article II, Section 2, hereof. Section 6. ~uor~m for Any Action Authorized Under Sections 4 and The quorum required for any action ·uthorized by Sections & sad $ hereof shall be ss follow·: At the first meeting celled, as provided in Sections 4 ami 5 hereof, the presence at the meeting of N~mbers, or of proxies, entitled to cs·t sixty (60~) percent of mil the votes of e·ch class of membership shall constitute a quorum. If the required quorum l· not forthcoming at ·ny meeting, ·nother meet- ins may be called, subject to the notice requirement set forth in Sections & and 5, sad the required quorum at any such sub·equent meeting shell be one-half of the =equired quorum at the p~ecedin8 meeting, provided that no such subsequent meeting shell be held more than sixty (60) d·ys following the preceding Section 7. Date of Comencement of Annual Asea·smears: Due Dste·o The annual assessments provided for herein shell commence on the date (which shall be the fir·t day of a month) fixed by the Board of Directors of the Asso- ciation to be the d·te of connnencement. The first annual assessments shall be made for the balance of the calendar year and shall become due and p·yable on the d·y fixed for con~mnca- meat. The assessment· for any ye·r, after the fir·t year, shall become dus'~ and payable on the first day of Nsrch of s·id year. The amount of the ·nnusl assessment which may be levied for the bal- ance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 here- of a· the remaining number of month· in that year bear to twelve. The same re- duction in the s~un~f the ·s·essment shall apply to the fira~ assessment levied agatn·t any property which is hereafter added to the propertte· now sub- Ject to a·sessment st · time other than the beginnin$ of any assessment period~ 17- Tho due dote of any special assessment under Sectiott & hereof fixed in the resolution euchorisins such assessment. Section 8, Duties of the Board of Directors. The Board of Directors of the Association shell fix the dote of conn~ncement dud the ~nount of the assessment against each Completed LlvtnS Unit for each assessment period st least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties end assessments applicable thereto which shsl! be kept in the office of the Association and shsl! be open to inspec- tion by shy Owner. Written notice of the assessment shall thereupon be sent to every O~uer subject thereto. The Association shall, upon demand) at any time, furnish to any Owner ltob!e for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certifi- cate shall be conclusive evidence of payment of any assessment therein stated to hovo been paid. Section 9. Effect of Non-Payment of Assessment: The Persons10bll~a- Clan of the Own~r; The Lieni Remedies of Association, If the assessments sro not paid on the date when due (being the dates specified in Section 7 hereof)~ then · such assessment shell become delinquent end shell, tosether with such interest thereon and colt of collection thereof, es hereinafter provided, thereupon be- come a continuing lien on the property which shell bind such property in the hands of the then O~ner, his heirs, devisees, personal representatives end sselSns. The personal obllsation of the then Owner to pay such assessment, ho~- evero shall remain hie personal obligation for the statutory p~rtod and ehol! not pose to his successors in title unless expressly assumed by them. If the assessment is not paid withLn thirty (30) days after the des !lnquency date, the assessment shall bear interest from the date of delinquency at the rat#:,of ~ven (7%) percent per annum, and the Association may bring on action et l~w a~Lnst the Owner personalty obti&eted to pay the same or to fore- close the lien against the property, end there shall be added to the amount of 18- such assessment the costs of prepartn$ and filing the complaint in such ·ction~ end~ in the event · Judgment is obtained, such Judgment sh·ll include interest on the assessment es ebGve provided ·nd · reasonable ettorney*s fee to be fLxed by the court, together with the costs of the action. Section lO. Subordination of the Lien to Harts·see. The lien of the assessments.provided for herein shell be subordinate to the lien of any mortgage or ~ortgeges now or hereafter placed upon the properties subject to ·ssess~ent; provided, however, that such subordination shell apply only to the ·asess~ents which have become due and psyeble prior to · sale or trensfer of such property pursuant ~o s decree of foreclosure, or shy o~her proceeding ~n ~eu of fore- c~osure. ~uch s~e or ~rsnsfer shall ~oC relieve such pro~r~y from ~sbi~y for s~y sssessmen~s ~heresf~er becoming due, ~or from ~he l~en of shy such sub* sequent sssessmen~. Section 11. ~xempt Property. The following property subject to this Declaration shall be exempted :~rom ~he assess~nt8, charges sad liens crested herein: (o) ol~ properties co ~he extent of any eosemen~ or ocher ~nceres~ therein dedicated smd accepted by the local public suChori~y and devoted ~o pu~ lic use; (b) o1~ Co.on Proper~ies os ~ef~ned In Article I, Section ~, hereof; (c) 8~ properties exempted from Cexe~on b~ the lo~s of ~he Co~onweolCh of Pennsylvania, u~n cbs ceos and Co ~he extent of such lesol exemption. ~oCwl~hScendins say prov~sions herein, no Completed Living Unt~ devoted Co dwelltnS use sho~ be exempt from said assessment, charges or liens. ARTICLE VI PARTY WALLS FOR DUPLEXES~ APARTHENTS AND TO~;NHOUSES Section 1. ~enerel Rules of Low to Apply. Each wail which is built ss part of the original construction of the homes upon The Properties ·nd placed on the dividing line between the Lots shall constitute · party wall, end to the .extent not lnconb~sc~nq with the provisions of this Article, the senersl rules of iow ressrding party walls smi of liability for property damage due to negli- gent or willful ·ct· or omissions shell apply thereto. - Sectlofl 2. Shoring of Repair and ~ainCenan~. The co·C of reasonable repair end meintdnence of s party vail shell be shored by the Ovnere~houeke use of the well in proportion to such use. Section 3. Destruction bY ~ir! or Other Casualty. If · percy well is deotr;yed or damaged by fire or other casualty, any Owner who hoe used the vail My restore iC. end if the other O~nere thereafter n~ke use of the well, choy shell contribute co the cost of restoration thereof in proportion to ouch without prejudice, however, to the right of any such Owners to cell for s larger contribution from the ochers under say rule of law regarding liability for aegiS- sent or willful ecCs or omissions. Section 4. Weatherproofing. Hotwtchstanding any ocher provision of Chis Article, an Owner who, by his negligent or willful oct, causes the percy wall to be exposed co the elements shall bear the whole cost of furnishesS the necessary protection against such elements. Section $. Right to Contribution Runs with Lo~d. The right of any Owner to contribution from any other Owner under this Article shell be eppur= tenant Co the iend and shall pass to such Owner's successors in title. Section 6. Arbitration, In the event of shy dispute ~rl·ln~ concern- ins · party wall, or under the provistorm of this Article, each party shell choose one a~bltraCor, and such arbitrators shall choose one additional arbitra- tor, end the decisions of a majority of all the arbitrators.shall be final omi conclusive of the question involved. ARTICLE ARCHITECTURAL CONTROL CONNITTRR Section 1. Review by Connittee, No building, fence, wall or other structure ~.hell be commenced, erected or maintained upon The' Prop~rCioso nor 20- shall any exterior addition to or change or elterationI therein be made until the plans and specifications showing the nature, kind, shape, height, nmterisls, and location of the samt shall have been submitted to end approved in writing aa to harmony of external design and location in relation to surrounding struc- tures end topography by the Board of Directors of the Association, or by an architectural con~nittee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated con~nittee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been covenanted prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VIII EXTERIOR HAINTENANCE S~ction 1. Exterior Haintenence. In addition to maintenance upon the Common Properties, the Association may provide exterior maintenance upon each Completed Living Unit which is subject to assessment under Article V hereof, as follows: paint, repair, replace and care for roofs, gutters, do~napouts~ exter* ior building surfaces, trees, shrubs, grass, welka~ and other exterior improve- ~ents. Section 2. Assessment of Cost, The cost of such exterior mainten- ance shall be assessed against the Living Unit upon which such maintenance is done and shall be added to and become part of the annual maintenance asaeasnmnt I Alterations for the purpose of this section shall include, inter alie~ the following: The installation, painting and repair of any shutters, evnings, vindowboxea, doorsteps, stoops, porches, balconies, patios, and ell exterior doors end vindova (including storm doors and windova)# exterior carpettng~ or other fixtures designed to serve a Living Unit but located on the exterior of said unit and shall require the submission to and prior approval of the Archi- tectural Control Committee. o 301 .310 or charge to vhich such Living Unit Is subject under Article V hereof omi, sa port of such annual osaeosmant or charge, it shall be a lien omi obllSotion of the Owner omi shall become duo and Payable in all respects os provided in Article V hereof. Provided that the Board of Directors of the Association, ~hon year as ~equired under Article V hereof, may odd thereto the es*gM*ed coot of the exterior maintenance for that year but shall, thereafter, make such adjust- ment with the O~mer ss is necessary to reflect the actual cost thereof, Section 3. Access st Reasonable Hours. For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall b;e the rlsht, after r~ssonsbLe notice to the Owner, to enter upon shy Lot or exterior of shy Living Unit st reseonsbLe hours on shy day except Saturday or Sunday, ARTICLE IX GENERAL PROVISIONS Section 1. .Duration. The covenants and restrictions of thio l~cloroo *ion shall run with end bind the land, and shell inure to the benefit of and be enforceable by the Developer, the Associs~ion, or the O~ner of shy' land subject to this Declaration, their respective legal representatives, heirs, successors, end assigns, fbr s term of twelve (12) years from the date this Declare*ion Is recorded) after which time said covenants shall be automatically extended for successive periods of ten (LO) years unless an instrument sisned by the then Owners of t~o-'thirds (2/3) of the Lots has been recorded, agreeing to change said covenants end restrictions in whole or in pert. For purposes of meeting the thirds requirement, when Completed Llvin$ Units ere counted, the Lot or Lots upon which such Completed Living Units ere situs*ed shell not be counted. Pro- vided, however, that no such agreement to change shell be effective unless made end recorde~ thi~ (3) years in advance of the effective date of such change, end unless written notice of the proposed agreement is sent to every O~mer et least ninety (90) days in advance of any action taken. - 22 - Section 2. ,Nocice~. Any notice required to be sent to shy Hember or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Nember or Owner on the records of the Association et the time of such mailing. SectiOn 3. Enforcement. Enforcement of these covenants end restric- tions shall be by any proceeding at law or in equity against any person or per- Ions violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, smd against the land to enforce soy lien crested by chess covenants; and failure by the Association or soy O~mer to enforce any covenant or restriction herein contained shall in no event be deemed n waiver of the right to do so thereafter, Sec_~ion /~. Reservation. The Developer has submitted to the author- /ties of Upper Allen Township tort-sin plans for the future development of the real property described in Article II of this Declaration and such additions thereto aa may hereafter have to be made pursuant co Article II, said p~ans hay* ins been submic~ed In order ~o fulfill the requirements of to,ship ordinances and ~he Pennsylvania Nunicipalicies Plannin~ Code. Said plans a~e on file Upper Allen Township. The Developer ~y be required to make additional sloss of plans ~o said auchorl~ies. Ill such plans are part o~ ~he publi~ con- t~ols lm~sed by the Township Board~ ~he develo~rs~ o~nera, residen~s and users of the pro~ec~ and ~hey do no~ create, and are no~ ln~ended to crea~e~ any properKy or con~rac~ rl~hca in ~he o~ers and residents of the project. ~e vhich ~he Developer has submi~ed ~o the ~o~ship au~hori~ies represent a pln develo~n~ ~hich the Develo~r believes ~ill provide maxi~m benefits to ~ residents, o~ers and the public. During the ex~ended develo~n~ program~ ever, various factors can intervene ~hich my hinder the effective~ss of such lon~-range plans and vhich may ~hrenten the benefits ~o be derived by the rest- dents, ovners ~.~t~e public unless such plans can be ~dified ~s prescrl~d th~ applicsbl~ to,ship ordinances, tccordtngly, this De~l~rstion is wt intend to nor does t~ grant or create any private property or contract rights u~st .~ - 23- of the above described plans end such 'plen~ conttnue Co remain subject to uodL- ficetion by the proper township authorities in accordance with the procedures set forth La the ordinances of the township end the Pennsylvania HuniclpeliCtee Plennins Code. ~ Section 5. Coordination of Finish Credini sod Lendscepin~ Operetio~e. To pern~lc the coordination of finish sreding ,nd landscaping operations sod the provision of permanent end/or temporary storm drainage facilities se develoPMnt york prosresses from lot co lot, the Developer, et his expense, shell have,he right co change, alter, modify end/or revise the finish grade sod to complete landscape work of the yard within ten (10) feet of any lot line end in dreinese swales beyond said ten (10) feet after title to · lot end thedwelllnS thereon has been t~ensferred to soother Owner. Section 6. Severabilit¥. Invalidation of an7 one of these covenants or res~rictions by Judgment or Court Order shell in no wise effect any other provisions which shell remain in full force and effect. Secretary ,,, ............ .' (SEAL) l.,e,: ~, .~. -,,.* .. ,.. .,. . .., -~- A~.v~NVIEW, lNG, l're s'ldeut - 24 - SOOK 3,91. PIC .313 ARTICLE I Definitions Section 1. "Association" shall mean and refer to The Allenview Home O~,~ers Association, Incorporated, a nonprofit corporation organized and existin§ under the laws of the Commonwealth of Pennsylvania. Section 2. "The Properties" shall mean and refer to Allenview Planned Residential Development, Stage I, and such additions thereto as may hereafter be brought within the jurisdiction of the Associatio~by annex- ation as provided in Article VI, Section 2,' herein. Section 3. "Common Properties" shall mean and refer to parks, play- grounds, swimming pools, commons, streets, footways, including buildings, structures, personal properties incident thereto, and any other properties owned and maintained by the Association for the co.~non benefit and enjo)-ment of the residents within The Properties. i~ . ARTICLE II Location S__ect~on 1. The principal office of the Association shall be located at 5001 Carlisle P~ke, Mechanicsburg, 'Pennsylvania 17055, Cumber- land County. ARTICLE III Mem~b'~ r ship '"":J ~' .... S'eC'tfon'l Every person or entity Qbe is a record owner of a f6e ~'r'u;~diV~ded fee, ~nterest in any Lot (or Living Unit) which is sub- Ject by covenants of record to assessment by the Associat~on shall be a member of the Association, provided that any such person or entity who holds such in'~:erest merely as a security for the performance of an obliga- tion shall not be a member. Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the AsSociation, the 6bligation of which assessments is imposed against each owner of and becomes a lien upoq the property against which such assessment,.are made as provided by .Article V of the Declaration of Covenants and Restrictions to which ~he Properties are subject and recorded in Miscellaneous Book Voldme 226,.Page 24,. Office for Recording of Deeds, Cumbdr'land County, December 30, 1976, 'and which provide as follows: 1. Creation of the Lien and Personal Obligation of Assessments.. The Developer for each Lot (and Living Unit) owned by h~m w~thin The Proi'~erties hereby covenants and each Owner of .any Lot (or Living [Tuft) by acceptance of a deed [herefor, whether or not ~t shall be so expressed in any such deed or other conve)'ance,'be ~let:med t'b' covenant and agree to Pa)' to the Association:. (1) annual · "' ..... ,~];sw:~:;m,.'nts or charges; (2) special ;,s:;essments for cap~tal ~mprove- ,~enLs, such assessments to b.e fixed, established, and collected · .'.-. from t~me to time 'as hereinafter provided. The annua]~ and special ~sscssmunts, Lugcther ~ith such interest thereon and costs o£ ..... c'6llection thcs'eof as hereinafter provided, shell bee chsrge on the land and shall be a continuing lien upon the property a~ainst~uhich each suc~.assessment is made. Each such sssess- meat, together uitli such interest thereon and cost of co~lec~ion :~"~: '":"~:'~'~ereof as hcreina£C~r provided, shall al~o be the personal obligation of the person ~h° ~as the O~ner of such property at the time uhen the assessment fell due. 2. Purpose of Assessments. The assessments levied by the " Association shall be used exclusively for the purpose of pro- mating the recreation, health, sa£ety, and welfare of the resi- dents in The Properties and in particular'for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjo)'ment of the Co~.~on Properties and of the homes situated dp0n The Properties, including, but not limited toi~. the payment of taxes and insurance thereon and repair,.replace~ent, and additions that.eta, and for the cost o~ labor, equ~pn~ent, n:aterials, =~n=gement and supervision thereof. 3. BZsis and ~;n×~mem of Ann~l~i':.~scssmeRts· From and after Janu- ary 1, ~979, cam=a! =ssessm~ts'~.=y be'~evied, said assess=eats :"' ; .... s~'a~ be' £evi¢.(! a=~d applied in accordance ~th Article V, Section 3, of the revi~ed Decla~ation of C°~'~n=nts and Restrictions recorded on the day of __ ;' lg , in Book , Po§e , in the Recorder o£ ~ceds O~fice, Cumberland Co~nt)'. :: : "~. Special Assessments £'or Capital ImproVements. In addition to the ann~al assessments authorized by Section 3 hereof, the Associat_ipn may levy in any assessment ycar a special assess- ment, applicable :o that'year only, for the purpose of defray- ing, in whole or in part, the cost of any construction or re- construction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary.fixtures and personal property related thereto, pro- vided that an)' such assessm'ent shall have the assent of two- thirds of the rot.es of each class of Hcmbers who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days fn advance and shall 's. et forth the purpose of the meeting. · 5. Change in Basis and Haximum of Annual Assessments~ Subject to the limitations of Section~3· hereof, and for the periods there- in specified,, the Association's.mAy change the maximum and basis of the n.,;ses.~.-.~_nts fixed by Section 3 hereof, prospectively '~or'any .. such period provided that any such change shall have the assent of two-th~rds of the votes of each class of Hcmbers who are voting in ;c:rson or by proxy, at a meeting duly c;~ll~d for this purpose, written notice of which shall, be sent to all Members at ...... ]~c:~:s't'thir~y (30) days in advance and shall set forth the p~irpose .... :: '";:~' '' 'of 'tide mee:~ng, provjd¢,d further, that the lin[tat ions of 3 h~.rc, of sh,~ll not apply to :~ny change in the maximum and.basis " ..... &f the assessments undertaken as an incident to a me=get 'o~ consolidation in which :he Assoc~atton is authori=ed to .... ~ .... ..... ~a'te unde~ ~ts A~ticles of lnco=po=ar£on and under A=ttcle ll, ': :' .... ~ "~ection 2, of the Declaration o~ Covenants and 6.' ~uorum £or Any Action Authorized Under Sections 4 and 5. The quorum requi:ed fo= any action authorized by Sections hereoff shall be as follows: At the ~Jrst meeting called, as prov£ded in Sections 6 and $ hereof, the presence at the meeting Off Hembets, O= of proxies, entitled to cas: si×ty (60) pe: cent " o~ all the voles of each class o~ membership .shall constitute a quort~m. Zf the required quorum ts not forthco=tng a: any ~eeting, anoth'(:r meeting may be called, subject to the notice requirement set forth ~n Sections 4 and 5, and th'e'requ~=ed quorum at any such subsequent meeting shall be one-hal~ o£ the ~eq~ted quorum ac the preceding :neetfng, p~ev.,ided that no suc~ subsequent meeting shall be held mo~e than siA.~.(60) days following the p~ecedtng ,:: "? meeting. 7. Date of Co.~.=enc '~=nent of Annual Assessments: Due Dates. The ann~al assessments pt'ov~ded for herein shall co.-.~ence on the date (~,.hlc'h shall be the first day o£ a month) fJ×ed by the. Board of Dirt. clots o~ the As~oc.~aC~on to be the date of commencement. The first annual as~ussmencs shall be =a~e for the balance of .... - : .... t'h'e c~le~dar yea~ and ~ha2'l 'beco.~e :d~e an~ pa)-a'ble on the day £Jxed 'fur cumrnonc'¢.n~ent:. The ns~osr...-n¢:~ts i'or nny year,'a'fter .t. he first -5- year, shall become due and payable.on tli~ first day of March of said year. ,, ,. The amount of the annual assessment which may be levied ~' ............. fora-the balance remaining in'the first year of assessment shall ..... b& an amount which bears the same relationship to the annual: assessment provided for in Section 3 hereof as the-remaining number of months in that year bear to twelve. The.same reduction in the amount of the assessment shall apply to the first assess- ment levied against any property which is'hereafter added to the properties now subject to assessment at a time other than the be- ginning of any assessment period. The due date of any apecial assessment under Section 4 hereof sahall be fixed tn the resolution authorizing such.assessment. .'' . '8. ·Duties of the' Board .of Directors. The Board of Di. rect. ors of · ' '..,tl{e .Association shall fix the date of commencement and zhe amount -':. ,Of the assessment against eaCli'.'i,ot (or Living 'Unit) for each agsess- ' ~ ' ':" ' ..... i':~en~ period of .~t lea'st thtr"~"~'130), days in advance of. such date " ..'~r'period'and shall, at that tl~e, ~repare a roster of the prop-. . . ...'- · ,-:.. · : .. ...:.. ...... ' "'" ':: ~'~'""~" "~'.'.z~les' and assessments applieable"~hereto ~hich ·.Shall -be 'kept in "L:the office of the Association and shall be.open to ins.pectio~ by. · ' i'any .Owner. .'~.r. ittcn ho. rice or the assessment sh~ll t~h. ereupon bp sent to · ;i"~very Owner subJe, ct thereto.' ... ' · . :~ '-'.?.'. ' ....}i~Owner 'tllable 'for 'said assesu.~.ant a .certificate ,t.n .~rittng signed · ......... .' ~ an officer of the ASsociation, setting forth whet~er said assessment has been~aid- Such. certificate shall be conclusive ewidence of pa)~ent of any assessment therei~ Atated to have been paid. 9. Effect of Non-Payment of Assessment: The Personal Oblisa~idn of O~mer~ The Lien;Remedies of Assoc~ation. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then Such assessment shall become de~nquent and shall, together with such interest thereon and cost of col- lection thereof as hereinafter provided, thereupon become a con- tinoing lien on the property which'shall bind such property in the hands.of the then Owner, his heirs, devisees, .personal'rep- resentattves and assigns. The pets'opal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his suc- cessors in title unless expressly assumed bY them.. If the assessment is n~t paid within thirty (~0) days after " the delinquency date, the assessment shall bear interest from the date of delinquency ~t the fate of six i6) per tent per annum, a~d the Association may bring an action at law'against tWe Owner per- " Sonally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assess- ment the costs of preparing and filing the complaint in such action, · ' ~nd in the event a judgment' is obtained, s~chjudgment shall includ~ -7- interest on the assessment.s above provided and a reasonable attorney's fee to be fixed ~y the court together with the costs of the act~o~' ]0. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject ~o assessment; provided, however) that such subordination shall apply only to the assessments which have be- come due and payable prior to a s~le or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of'foreclosure. Such sa~e or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any.such subsequent.assessment. '11. Exempt Property. The following property subject to this Declaration shall be exempt.ed from~? assessments, charge and 'iten created herein: (a) aii prop r% es to the extent of any easement or other interest therein ~edicated and accepted by the local public authority and devoted to pyblJc use; (b) all Co,on Properties as defined in Article I, Section 1, of the Declaration ~f Covenants and Restrictions; (c) all properties exempted from ~taxation by the laws of the Commonwealth of Pennsylv~nia, upon the terms and to the extent of such legal exqmptton. ' :"~"Notwithstanding any p?ovi'~tons"he~ein, no land 'or'~mProve- ments devoted to d~ellin§ use' shall be exempt from said assess- ments, char~es or liens. -8- Section 3. The membership rights of any person whose interest in The P. roperties is' subject to a~essments under Article III, Section 2, whether or not he be personally obligated to pay such assessments, maybe suspended by a~i~ ~of:'.~he'~i~ctors d~rtng the period when the assessments remain unpaid; 'but', upo'~ payment' of such assessments, his rights and privileges shall be' auto- matically restored. If the Directors ha~e adopted and published rules and regulations governing the use of the common properties'and facilities, and the personal conduc.t of. any person thereon, as provided in Article IX, Section 1, they ma),, in their discretion, suspend the rights of an~ such person for lation of such rules and regulations for a period not to exceed thirty (30) days ARTICLE IV Voting Rights Section 1. The Association shall have two classes of voting membership: Class A. Class A members shall be all those owners as de- fined 'in Article I'II, 'SeCtion 1', o'f the Declaration'..~f ·Covenants and Restrictions, with' t. he exception of ~h~ Developer,~'.,'Class A toe',abets ~hall be entitled ~to one vote for e~ch. Lo%"-~(o~ Living Unit) in which they hold the ~nterests requ"~red fo~':'~embership · .J -'..:%.... by said Sect:~on 1. l~en more than one person hold~ 'siich interest or Jnl~rests ~n any Lot (or Living [In~t) a]l.~uch'Persons shall ;"~ ~ ' :.': ~:'.be~embers, and the vote ~for .such. Lot (or~L~v~ng UnJ':) ·shall be : .... ~ ~'~" ~'~x~.kcised as. they :~mong tbc'm~elves 'deLe~]ne.,'but~ ~n'.'no ~vent shall more than one vote be c~lst with respect t6 ad~"such Lot (or :~Liv~pg Unit). .- '~i'~.~-" ~' LAW OFFICES JAMES D. FLOWER JOHN E. SLIICE ROBERT C. SA/DIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FOR_REST N. TROUTMAN, II SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 o FACSIMILE: (717) 737-3407 EMAIL: attorney~ssfl-law, cora OF COUNSEL ALBERT H. MASLAND CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP July I0, 2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL David M. and Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 RE: Delinquent Homeowner's Association Dues Property: 606 Allenview Drive, Mechanicsburg, Pennsylvania Dear Mr. and Mrs. Cherry: Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter is an attempt to collect a debt and any information obtained will be used for that purpose. An important notice of rights is enclosed with this letter. The Allenview Homeowner's Association (the "~o'~ciation'') has referred to my office the collection of the delinquent Association dues regarding.:.~he:above-referenced property. You are in default under the Covenants and Restrictions of record' concerning the above-referenced property for failure to make payment when due to the Association the quarterly Homeowners Association Dues for the third and fourth quarters of 2001 due September 30, 2001 and December 3t, 2001 as well as the first and second quarterly assessment installments for 2002 due March 31, 2002 and June 30, 2002. As a result of such defaults the Association hereby exercises its fights to accelerat% all of the quarterly payments due to the Association outstanding for 2001 and for 2002 and ti. Association hereby demands the payment of $2,105.84 itemized as follows: Dues to the Association for third quarter 2001 due September 30, 2001 Dues to the Association for fourth quarter 2001 due December 31, 2001 $ 223.00 $ 223.00 3. Dues to the Association for first quarter 200z due March 31, 2002 , 208.00 Dues to the Association for second quarter 2002 due June 30, 2002 $ 208.00 Accelerated dues to the Association for third quarter 2002 $ 208.00 Accelerated dues to the Association for fourth quarter 2002 $ 208.00 7. Late charges $ 17.84 Legal fees to date including legal fees in the mount of $565.52 incurred in connection with the bankruptcy filed to docket number 1-01-01080 $ 810.00 TotalDuestothe Association as ofJune 28,2002 $2,105.84 Demand is hereby made for the payment of the $2,105.84 to the Association within th/try (30) days of the date of this letter. In the event you do not pay the above amount within thirty (30) days of the date of this letter, in full, plus interest to the date of payment, I have advised the Association to bring a collection action against you. In such event, the amount which you owe to the Association may increase by such amounts as additional interest, court costs, sheriffs fees where applicable as well as any reasonable attorney's fees incurred by the Association. In addition to the $2,105.84 due as set forth above, you also continue to owe a balance of $560.00 under the judgment entered to Cumberland County docket number 99-5096 (the "Judgment"). Nothing herein shall be construed as a waiver or postponement of any fights and remedies which Allenview Homeowners Association may have under the Judgment including, without limitation, the right to immediately issue executi6h .for the balance due under the Judgment without further notice. ' If you do not want the Association to sue you, please contact Betty Fitzpatrick at 612-5165 within thirty (30) days of this letter to arrange payment. Very truly yours, KML/jas cc: Betty Fitzpatrick SAIDIS, ~HUFF, FLOWER &J. iNDSAY K~.af4'M. Ledeb0 ,I'~, Esquir'6 J NOTICE This letter is an attempt to collect a debt. If you dispute the validity °fthis debt, or any portion thereof, and you contact the undersigned with/n thirty (30) days after receipt of this Notice, you will be fumished with written verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of the front of this letter. -~ · ~ ?177373407 SAIDIS SHUFF MASLAND 618 P12 JUL 01 ~0~ 08:45 Ai.I~NVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON 'PROF1T CORPORATION, Plaintiff DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE cOURT OF COMMON pLEAS CUMBE~ COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION I, Betty Fitzpatrick, Property Manager, being authorized to do so tm behalf of Allonview Homeowners Association, Inc., hereby verify that the statemems made in the foregoing ple~ing are true and correct to the best of my information, knowledge and belief. I understand that false statements heroin are made subject to thc penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to author/ties..' ALLENVIEW HOMEOWNERS ASSOCIATION, INC. · ~ . , ?177~?~407 SAIDIS SHUFF MASLAND 618 ~12 JUL 01 ~0~ 0B:4~ ALLENVIEW HOMEOWNERS ASSOCIATION, [NC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff DAVID M. CHERRY and DANA L. CHERRY, Defendants 12~ THE COURT OF COMMON pLEAS CXJMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION I, Betty Fitzpalxick, Propon'y Manager, being authorized to do so o~ I:~half of All~nvi~v Homeowners Association. Inc., hereby vea'ify that the statements made in tho foregoing piecing ar~ tru~ and c, orr~t to the boat of my information, knowledge and belief. I urged that false state~aents he. in are made subject to Ye penalties of 18 Pa. C,S. Section 490~, relating to unswom falsification to authorities. ' Da~e; ALLENVIEW HOMEOWNERS ASSOCIATION, INC. SHERIFF'S RETURN - CASE NO: 2002-03790 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENAfIEW HOMEOWNERS ASSOCIAT VS CHERRY DAVID M ET AL REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHERRY DAVID M the DEFENDANT at 606 ALLENVIEW DRIVE at 2043:00 HOURS, on the 19th day of August , 2002 MECHANICSBURG, PA 17055 DANA CHERRY, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this .~ day of ~p~thonotary ' ' So Answers: R. Thomas Kline 08/20/2002 FLOWER LINDSAY /! SAIDIS SHUFF Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-03790 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOCIAT VS CHERRY DAVID M ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon CHERRY DANA L the law, DEFENDANT at 2043:00 HOURS, at 606 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 on the 19th day of August , 2002 by handing to DANA CHERRY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,~ day of ! P~othonot ary So Answers: R. Thomas Kline By: /~ ~/~~ Deputy Sheriff ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3790 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Allenview Homeowners Association, Inc., Plaintiff, and against Defendants, David M. Cherry and Dana L. Cherry, in the amount of Two Thousand Seven Hundred Thirty and 84/100 Dollars ($2,730.84), plus interest through the date of payment, including on and after the date of entry of judgment on the Complaint, and attorney's fees and costs. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants, David M. Cherry and Dana L. Cherry, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 1 O-day Notice was sent. Respectfully submitted, Date: October 14, 2002 S AIDIS, SHU/y/I~ FLOWER & LIN~}~Y By: ,/Karl M. Ledeb0hrr[, Esquir-' ~ ~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff I hereby certify that a notice of intent to take a default judgment was forwarded to David M. Chen'y and Dana L. Chen'y by United States Mail, First Class, postage prepaid on September 11, 2002. The aforesaid notice was contained within an envelope beating the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached herfi~o and marked Exhibits "A" and "B", respectively. K/~M. Ledebohm, Esquire 3_ ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaimiff DAVID M. CHERRY and DANA L. CHERRY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3790 : CIVIL ACTION - LAW NOTICE OF JUDGMENT TO: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 You are hereby notified that on ~ I ~ ~ 2002 the following judgment has been entered against you in the above captioned case: Judgment in favor of Allenview Homeowners Association, Inc., A Pennsylvania Non- Profit Corporation, Plaintiff, and against the Defendants David M. Cherry and Dana L. Cherry, in the amount of Two Thousand Seven Hundred Thirty and 84/100 Dollars ($2,730.84) together with additional interest at the rate of six pement per annum plus attorneys' fees, expenses and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants David M. Cherry and Dana L. Cherry to Plaintiffs Complaint within twenty (20) days of service thereof and after a 1 O-day Notice was sent. Dated: Prothonotary - - I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: David M. Chen:y 606 Allenview Drive Mechanicsburg, PA 17055 Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 A David M. Cherry Por este medio se le esta notificando que el __ de __ del 2002, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 Date: October 14, 2002 Respectfully submitted, SAIDIS, SHU/I/I/F~ FLOWER & LINDSA~ By: : Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 2 ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3790 CIVIL ACTION - LAW ; IMPORTANT NOTICE TO: Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQ~D OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU M AY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: September 11, 2002 cc: Betty Fitzpatrick Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 --or- 1-800-990-9108 Respectfully submitted, SAIDIS, HU F, / Karl M. L'~debohrn, Ek~uire / Supreme Court ID #59012 / 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CERTIFICATE OF ~ Karl M. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay' ' 2109 Market Street Camp Hill, PA 17011 CERTIFICATE OF M~ILI81(~ Karl M. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay ------ 2109 Market Street Camp Hill, PA 17011 _L~O I~ all..,.. ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaimiff DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3790 CiVIL ACTION - LAW NOTICE OF JUDGMENT TO: Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 You are hereby notified that on ~22~_~, 2002 the following judgment has been entered against you in the above captioned case: Judgment in favor of Allenview Homeowners Association, Inc., A Pennsylvania Non- Profit Corporation, Plaintiff, and against the Defendants David M. Cherry and Dana L. Cherry, in the amount of Two Thousand Seven Hundred Thirty and 84/100 Dollars ($2,730.84) together with additional interest at the rate of six percent per annum plus attorneys' fees, expenses and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants David M. Cherry and Dana L. Chen'y to Plaintiffs Complaint within twenty (20) days of service thereof and after a 1 O-day Notice was sent. Dated: Prothonotary I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 A Dana L. Cherry Por este medio se le esta notificando que el __ de __ del 2002, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 Date: October 14, 2002 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3790 DAVID M. CHERRY and DANA L. CHERRY, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU M AY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: September 11, 2002 cc: Betty Fitzpatrick Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -or- 1-800-990-9108 Respectfully submitted, / 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CERTIFICATE OF Karl M. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay-- 2109 Market Street - Camp Hill, PA 17011 Karl M. Ledebohm, Esquire Sa/d/s, ShufI; Flower & Lindsay ------- 2109 Market Street &am~Py~A ] 7011 ~ PRAECIPE FOR WRiT OF EXECUTION - (MONEY ~JDGMENTS) P.R.C.P SECTION 101 TO SECTI~N 149 ETC. ALLENVIEW HOMEOWNERS ASSOCIATION INC., A PENNSYLVANIA NON-PROFIT CORPORATION Plaintiff V DAVID M. CHERRY AND DANA L. CHERRY, Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA WRIT NO. TERM, 2002 NO. 02-3790 TERM, 2002 Amount due: $2,730.84 : Interest from 8/5/02 at 6.0% : Atty's Com. N/A : : Costs TO BE ADDED To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against David M. Cherry and Dana M. Cherry, 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055, Defendants; (3) and against N/A (4) and index this writ Garnishee(s); (a) against David M. Cherry and Dana M. Cherry, 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055, Defendants and (b) against N/A Garnishee(s), and levy upon any and all personal property of the defendant(s) as follows: Any and all personal property located at the address of the Defendant at 606 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. (5) Exemption has (not)been waived. Dated: Kg~l M. Ledeb0hm, Es~6~re S~preme Court ID #59012 P.O. Box 1173 New Cumberland, PA 17070-0173 (717) 938--6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-3790 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHER/FF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLENVIEW HOMEOWNERS ASSOCIATION INC., A PENNSYLVANIA NON-PROFIT CORPORATION Plaintiff (s) From DAVID M. CHERRY AND DANA M. CHERRY, 606 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personal property located at the address of the defendant at 606 Allenview Drive, Meehaniesburg Cumberland County, Pennsylvania. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b' the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS2,730.84 Interest From 8/5/02 ® 6.0% Atty'~ Corem % Atty Paid $129.28 Plaintiff Paid Date: November 21, 2002 (Seal) REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: P.O. Box 173 New Cumberland PA 17070-0173 Attorney for: Plaintiff Telephone: 717-938-6929 Supreme Court ID No. 59012 L.L.$.50 Due Prothy $I.00 Other Costs R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY, no action taken in six months. Sheriff's Costs: Docketing $ 18.00 Poundage 1.13 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.90 Misc. Surcharge 30.00 Levy Post Pone Sale Gam'lshee TOTAL $ 57.53 Advance Costs: 150.00 Sheriff's Costs: 57.53 92.47 Refunded to Atty on 9/09/03 Sworn and Subscribed to before me · this /¢ ~lay of ~.f~-~..~J~ ~ 2003 A.D. Q~.T~.~. t~.. ~ C~ Pr6thonotary ' R. Thomas Kline, Sheriff By q.