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STEVEN L. SUGARMAN & ASSOCIATES
BY: Steven L. Sugarman, Esquire and Elliot H. Berton, Esquire
IDENTIFICATION NO. #32473 & #53060
1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association
BERWYN, PA 19312-1244
(610) 889-0700
FAX: (610) 993-0498
Delaware County
DARLINGTON WOODS CONDOMINIUM Court of Common Pleas
ASSOCIATION Civil Division
400 Ashley Court
Glen Mills, PA 19342
Vv.
CAROL WILLS NO. CV-2022-001796
210 Nottingham Court
Glen Mills, PA 19342
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please REINSTATE the Complaint originally filed in this matter on March 14, 2022, in
the manner permitted by Pa. R.C.P. 401(b).
STEVEN L. SUGARMAN & ASSOCIATES
By: [sf EliotH. Bertow
Steven L. Sugarman, Esquire
Elliot H. Berton, Esquire
Attorneys for Plaintiff, Darlington Woods
Condominium Association
Supreme Courtof Pennsylvania
ee i S.
Co mi Lon Pleas
Be es i For Prothonotary Use Only:
et
4M, te
iwa ay County Docket No: 4 lip
hy
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
Complaint Writ of ane , E] Petition : Oo Notice of Appeal
1 Transfer from Another Jurisdiction E} Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
T [Darlington Wood Condominium Association | Carol Wills
0 Check here if you are a Self-Represented (Pro Se) Litigant
Name of Plaintiff/Appellant’s Attorney: Steve garman, Esq. #324 Elliot ion, Esq. #53060
Dollar Amount Requested: E]__ within arbitration limits
Are money damages requested? : Yes J No DX] outside arbitration limits
(Check one)
Is thisa Class Action Suit? 1 Yes No
_| Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your
PRIMARY CASE, If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
© Intentional EG Buyer Plaintiff Administrative Agencies
[2] Malicious Prosecution [J Debt Collectio: redit Card G Board of Assessment
[J Motor Vehicle E} Debt Col tion: Other ED Board of Elections
Nuisance Dept. of Transportation
Premises Liability Zoning Board
E Product Liability (does not include Oo Seen) Appes Other
mass tort)
o Emiyment Dispute:
(J Slander/Libel/ Defamation Discrimination
fs] a Employment Dips, Other
Judicial Appeals
MDJ - Landlord/Tenant
8 oe GE] MDJ- Money Judgment
MASS TORT O Ott
EJ Asbestos
Tobacco
Toxic Tort - DES
E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste O Ejectment 1 Common Law/Statutory Arbitration
ED Other: [J Eminent Domain/Condemnation (21 Declaratory Judgment
Ed Ground Rent [J Mandamus
Landlord/Tenant Dispute EJ Non-Domestic Relations
Mortgage Foreclosure Restraining Order
; PROFESSIONAL LIABLITY E) Partition Quo Warranto
Gi Dental Quiet Title E] Replevin
G Legal
[|] Medical O othe & Other:
@ a Professional: Eau Jojunetion
FILED
USTED, T7211 PM
Pa.R.C.P. 205.5 oFrice or SABALOsuPPoRT
DELAWARE COUNTY, PA
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
CIVIL COVER SHEET AND ENTRY OF APPEARANCE
Court Term & No.
1. Case Caption:
Darlington Woods Condominium Association
vs.
Carol Wills Jury
X_Non Jury
Arbitration
($0-$50,000)
2a. Plaintiff (s) 2b. Defendant(s)
(Name and address) (Name and address)
Darlington Woods Condominium Carol Wills
Association 210 Nottingham Court
400 Ashley Court Glen Mills, PA 19342
Glen Mills, PA 19342
3a. Related Cases? Yes X No 3b. Case Subjectto Coordination Order? Yes _X_ No
Ifyes, show Caption and Case Numbers Ifyes, show Caption and Date of Order
4. Entry of Appearance
To the Office of Judicial Support:
Kindly enter my appearance on behalf of Darlington Woods Condominium Asso¢(a) plaintiff in this
action. Papers may be served at the address set forth below.
Elliot H. Berton, Esquire Address: Steven L. Sugarman & Associates
Attorney for party named above (Please print)
1273 Lancaster Avenue
53060
Attorney I.D. Number Berwyn, PA 19312
Telephone: (610_) 889-0700 Fax: (610 ) 993-0498
/s/ Elliot H. Berton 3/11/22
Attorney Signature Date
Reverse side must be completed
Choose only the one description which best reflects the principal type of case or relief sought from the list.
Case Description
APPEAL
Intentional Tort
Minor Court Assault and Battery
Money Judgement Libel and Slander
Landlord and Tenant Defamation
Code Enforcement Employment/Wrongful Discharge
Personal Injury False Imprisonment
Breach of Contract Fraud
Other Malicious Prosecution
Negligence
Local Agency Motor Vehicle
Civil Service Real Property
Motor Vehicle Premises Liability
Licenses and Inspections Product Liability
Liquor Control Board Toxic Tort
Tax Assessment Boards Asbestos
Zoning Board DES
Other Implant
Toxie Waste
Proceedings Commenced by Petition Other
Appointment of Arbitrators Professional Malpractice
Change of Name Dental
Compel Medical Examination Legal
Election Matters Medical
Eminent Domain Other
Leave to Issue Subpoena Equity
Mental Health Proceedings Real Property
Other Stockholders Derivative Action
Waste Prevention
ACTIONS COMMENCED BY WRIT Other Mandatory Injunction
Declaratory Judgement
OF SUMMONS OR COMPLAINT
Ground Rent
Mandamus
Abuse of Process
Real Property
Action for Wrongful Death
Ejectment
Class Action
Quiet Title
Confession of Judgement/Money
Mortgage Foreclosure
Confession of Judgement/
Mechanics Lien
Real Property
Partition
Contract
Prevent Waste
Construction
Replevin
Insurance/Bad Faith
Saving Action Um/Uim
Negotiable Instruments
Quo Warranto
Other
Other
STEVEN L. SUGARMAN & ASSOCIATES
BY: Steven L. Sugarman, Esquire and Elliot H. Berton, Esquire
IDENTIFICATION NO. #32473 & #53060
1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association
BERWYN, PA 19312-1244
(610) 889-0700
FAX: (610) 993-0498
Delaware County
DARLINGTON WOODS CONDOMINIUM Court of Common Pleas
ASSOCIATION Civil Division
400 Ashley Court
Glen Mills, PA 19342
Vv.
CAROL WILLS No.
210 Nottingham Court
Glen Mills, PA 19342
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.
LAWYERS' REFERENCE SERVICE
Front and Lemon Streets
Media, PA 19063
(610) 566-6625
STEVEN L. SUGARMAN & ASSOCIATES
BY: Steven L, Sugarman, Esquire and Elliot H. Berton, Esquire
IDENTIFICATION NO. #32473 & #53060
1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association
BERWYN, PA 19312-1244
(610) 889-0700
FAX: (610) 993-0498
Delaware County
DARLINGTON WOODS CONDOMINIUM Court of Common Pleas
ASSOCIATION Civil Division
400 Ashley Court
Glen Mills, PA 19342
CAROL WILLS NO
210 Nottingham Court
Glen Mills, PA 19342
COMPLAINT IN EQUITY AND
FOR BREACH OF DECLARATION
COMES NOW, Plaintiff, Darlington Woods Condominium Association (the
“Association”), by and through its attorneys, Steven L. Sugarman & Associates, and by way of
Complaint in Equity against the above-referenced Defendant, states as follows:
1 Plaintiff, the Association, is a non-profit corporation and condominium
association organized and existing under and pursuant to the laws of the Commonwealth of
Pennsylvania and that certain Declaration of Condominium of Darlington Woods, a
Condominium, dated August 23, 1988 and recorded in the Office for the Recording of Deeds
in and for Delaware County, Pennsylvania on September 6, 1988, in Book 0606, Page 0001
et seq. (the “Declaration”) and pursuant to the provisions of the Pennsylvania Uniform
Condominium Act, 68 Pa. C.S. §3101. et seg. The provisions of the Declaration are
incorporated herein by reference pursuant to Pa. R.C.P. No. 1019(g).
2 The Association receives mail at 400 Ashley Court, Glen Mills,
Pennsylvania 19342.
3 Defendant, Carol Wills (the “Defendant”) is an adult individual who owns,
tesides and receives mail at 210 Nottingham Court, Glen Mills, Pennsylvania 19342 (the
“Unit’).
4 The Association consists of all Unit Owners within the condominium
located in Delaware County, Pennsylvania, commonly known as Darlington Woods (the
“Condominium’).
5 Pursuant to Article |, Section 1.01 of the Declaration, all of the property
and improvements constructed upon and in the Condominium have been submitted to the
provisions of the Declaration.
6 Article VI, Section 6.01 of the Declaration states in relevant part that:
All present and future Owners and tenants, their guests, licensees
servants, agents, employees and any other person or persons who
shall be permitted to use the Common Elements described in this
Declaration shall be subject to this Declaration, the By-Laws and
any rules and regulations issued by the Executive Board from time
to time to govern the conduct of Owners and the use and
occupancy of the Property. Ownership, rental or occupancy of any
of the Units in the Condominium shall be conclusively deemed to
mean that the Owner, tenant or occupant has accepted, ratified and
will comply with this Declaration, the By-Laws and the rules and
regulations of the Association.
7 The Unit is located within and is a part of the Condominium, and therefore
the Defendant and the Unit are subject to, and must comply with, the Declaration.
8 Article Vill, Section 8.09 of the Declaration indicates in relevant part that:
No Owner may make any improvements or alterations or do any
work which would impair the structural integrity or mechanical
systems of any Building, lessen the support of any portion of the
Condominium, or jeopardize the soundness or safety of the
Property.... No Owner shall alter any of the Common Elements,
change the appearance of the Common Elements or change the
exterior appearance of his Unit (including, but not limited to, the
exterior surfaces of entrance doors, storage room doors and
garage doors) or any other portion of the Condominium or do any
work to any portion of a Unit that may be located within the
Common Elements without the prior written approval of the
Executive Board.
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312
9 Notwithstanding the prohibitions set forth in the Declaration, the
Defendant made an opening in an existing wall of her ground floor Unit and built a pantry in
the space under the staircase leading to the second floor Unit above her residence.
10. By correspondence dated January 10, 2020, the Association issued
correspondence to the Defendant seeking access to the Unit for purposes of inspecting the
unauthorized alterations. A true and correct copy of said correspondence is attached hereto
and incorporated herein as Exhibit “A.”
11. Subsequently, the Association retained Ingram Engineering Services, Inc.
which inspected the alterations made by the Defendant on February 25, 2020.
12. Ingram Engineering Services, Inc. advised the Association that the
Defendant's modifications did not include a necessary structural header below and supporting
the stairs leading to the second floor Unit.
13. As a consequence, the Association instructed the Defendant to remove
the closet pantry installed by the Defendant and return the area below the stairs to its original
condition. True and correct copies of correspondence from the Association to the Defendant
reflecting the foregoing are collectively attached hereto and incorporated herein as Exhibit “B.”
14. Defendant failed to comply with the Association’s instructions.
15. As a consequence, by correspondence dated February 10, 2022, the
Association's attorneys issued correspondence to the Defendant demanding that the
Association's contractors be granted access to the Unit to remove the pantry and restore the
Common Elements to their original condition. A true and correct copy of said correspondence
is attached hereto and incorporated herein as Exhibit “C.”
16. Notwithstanding such demands, the Defendant has failed and refused,
and continues to fail and refuse, to permit the Association to enter the Unit to perform the
necessary structural repairs.
17. Defendant's refusal to rectify the unauthorized structural modifications
made to the Association's Common Elements constitutes a continuing violation of the
Declaration.
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312
COUNT | — INJUNCTIVE RELIEF
18. The Association incorporates paragraphs 1 through 17 hereof as if set
forth fully herein.
19. Consistent with Section 3302(a)(4) of the Act, the Association is
authorized to “institute, defend or intervene in litigation or administrative proceedings or
engage in arbitrations or mediation in its own name on behalf of itself or two or more Unit
Owners on matters affecting the condominium.”
20. In addition, pursuant to Article XVII, Section 170.01(c) of the Declaration:
Failure of an Owner to comply with this Declaration, the By-Laws
and/or rules or regulations adopted pursuant thereto shall entitle
the Condominium Association or Unit Owners to the remedies
provided in this Declaration and the Act and also to the following
relief, none of which remedies shall be exclusive of any other
remedies:
(i) Suits: Failure to comply with the terms of this Declaration, By-
Laws and the rules and regulations adopted pursuant thereto, and
the same as they may be amended from time to time, shall entitle
the Condominium Association or any aggrieved Owner to sue for
the recovery of damages or for injunctive relief, or both. This relief
shall not be.exclusive of other remedies provided by law.
21, Furthermore, pursuant to Article XVII, Section 17.01(c)(ii) of the
Declaration, in proceedings arising as a consequence of an Owner's failure to comply with the
terms of the Declaration, the Association shall be entitled to recover costs and reasonable
attorneys’ fees.
22. Notwithstanding repeated notices and demands, Defendant has failed
and refused and continues to fail and refuse, to abide by the restrictions set forth in the
Declaration including, specifically, prohibitions against unauthorized alterations to Units and
Common Elements which affect the structural integrity of a Condominium Building.
23. Defendant's conduct as described hereinabove has caused immediate
and irreparable harm to the Association and its members by, inter alia:
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312
(a) Impairing the rights of Unit Owners and residents within the
Condominium to quiet and peaceful use and enjoyment of their residences;
(b) Adversely affecting the sense of community, integrity and harmony
for which Owners of Units within the Condominium bargained upon becoming
members and residents of the Association;
(c) Impairing and diminishing the fair market value of Units within the
Condominium by affecting the structural integrity of a Condominium Building;
(d) Flouting and ignoring clear requirements set forth in the
Declaration, thereby challenging and diminishing the authority vested in the
Association’s Executive Board to govern and administer the Condominium in
accordance with recorded instruments provided to each Unit Owner upon
purchase, and otherwise in accordance with applicable law; and
(e) Failing and refusing to adhere to express instructions of the
Executive Board to comply.with the Declaration and the covenants set forth
therein.
24, As a consequence of Defendant’s continuing violation of the Declaration
covenants, the Association has been constrained to retain and pay for legal services.
25. In addition to the above-cited provisions of the Declaration, pursuant to
Sections 3315(a) and 3412 of the Act, the Association is entitled to recover its costs and
reasonable attorneys’ fees to enforce the Declaration.
26. The Association has no adequate remedy at law, and seeks injunctive and
other equitable relief to restore the status quo which existed prior to the Defendant's
misconduct as described above.
27. As a consequence of Defendant’s continuing violation of the Declaration
covenants, the Association is entitled to injunctive relief and an Order enforcing the clearly
stated provisions of the Declaration.
WHEREFORE, Plaintiff, Darlington Woods Condominium Association, requests
that this Honorable Court, sitting in Equity, enter an injunctive Order:
5
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE * BERWYN, PA 19312
A Compelling and directing the Defendant to permit Association agents and
contractors access to the Unit to remove the unauthorized closet/pantry installed by the
Defendant, and restore the structural integrity of the Building below the stairway leading to the
second floor Unit;
B Requiring Defendant to comply with all provisions of the Declaration
including, without limitation, those which prohibit authorized modifications which affect the
structural integrity of the Condominium Building.
Cc Entering an award in favor of the Association for its costs and reasonable
attorneys’ fees in this action, as well as other damages such as the cost to perform repairs and
to restore the structural integrity of the Condominium Building.
STEVEN L. SUGARMAN & ASSOCIATES
By: /s/ Elliot H. Berton
Steven L. Sugarman, Esquire
Elliot H. Berton, Esquire
Attorneys for Plaintiff, Darlington Woods
Condominium Association
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312
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XHIB
———
N
400 Ashley Court
DARLINGTON Woops Glen Mills, PA 19342
Community Association
Phone: 610-459-0510
Fax: 610-459-5317
January 10, 2020
Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Darlington Woods Condominium Association
Unauthorized Alteration
Dear Homeowner,
It has come to the attention of the management office that alterations have been
completed in your unit that may affect the stability and integrity of your unit, the unit above
yours and/or the common element. Section 12.05 of the Declaration gives the Association, the
Board, and the Board’s agents and employees, an irrevocable right and easement of access to
Unit 210 to inspect, maintain, repair or replace the Common Elements therein or accessible
therefrom, to make repairs to a Unit or the Common Elements and to abate violations. The
Association’s easement in this regard is consistent with the right of access established in Section
3307(a) of the Uniform Condominium Act.
Therefore, we are requesting access to your unit in order to view and inspect the alterations that
were completed. Due to the concern that the integrity of your unit, the unit above and/or the
common element may have been compromised, an engineer will also be present at this
inspection. Any costs associated with this visit will be charged back to you as the homeowner.
We ask that you please notify the management office by emailing
alydon encomanagement.com available dates as to when you are available within the next ten
(10) business days for us to have access to your unit.
Thank you for your attention to this matter, and we look forward to hearing from you,
Sin ely,
drea Lydon, Community Manager
PENCO Management Inc.
On behalf of the Board of Directors for Darlington Woods Condominium Association
www.darlingtonwoods.com
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Cov wo
XHIBIT
August 1, 2020
Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Pantry
Dear Carol;
The Board has been able to review the report from Ingram Engineering, and has discussed at
length the pantry area that was made under the stairs. At the time the Engineer was present, he did ask
for any photos of the work while it was being completed, so that he could verify if there was proper
structural support. At the time, you stated that no photos of the inside of the walls existed. As you may
be aware, the area that this common space is under is a staircase. If the proper structural supportis not
used, this could cause a major issue to the stairs above and create a liability for all involved.
Therefore, after much thought, discussion and consideration, the Board has made the decision to
require that the area be returned to its original condition. Again, thearea that Is under the stairs is
common space, and not to be used for the benefit of one owner over another. The Board will seek
proposals from contractors and will have an association approved contractor complete this work.
However, this will be at your expense as the homeowner. The Association has an obligation to ensure
that this work is completed in such a manner that it will allow the proper structural support that
previously existed.
Due to COVID-19, the Board has been delayed in getting through requests and concerns, and we truly
apologize for the delay.
gv
t /'05\ 20 , \o\s [20 , he]!
Gene
April 21, 2024
Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Pantry
Dear Carol;
We have made several attempts to contact you with regard to the pantry. We understand that due to
COVID there have been many restrictions and delays. We are hoping that we can move forward at this
time and rectify this item.
The Board has been able to review the report from Ingram Engineering, and has discussed at length the
pantry area that was made under the stairs, At the time the Engineer was present, he did ask for any
photos of the work while it was being completed, so that he could verify if there was proper structural
support. You stated that no photos of the inside of the walls existed. As you may be aware, the area
that this common space is under is a staircase of another unit. If the proper structural support is not
used, this could cause a major issue to the stairs above and create a liability for all involved.
Therefore, after much thought, discussion and consideration, the Board has made the decision to
require that the area be returned to its original condition. Again, the area that is under the stairs is
common space, and not to be used for the benefit of one owner over another. The Board will seek
proposals from contractors and will have an association approved contractor complete this work.
However, this will be at your expense as the homeowner. The Association has an obligation to ensure
that this work is completed in such a manner that it will allow the proper structural support that
previously existed.
Once we have identified the contractors that we will obtain proposals from, we will reach out to
schedule.a time for the contractors to view the area. We will be cognizant of working within the COVID-
19 guidelines that have been set forth,
Sincerely,
Andrea Lydon, Community Manager
PENCO Management Inc.
On behalf of the Board of Directors for
Darlington Woods Condominium Association
CC: Certified Mail ~
B\28 -not ¢ ernfied
Ala cerned
Ne vla - not cerhhed
November 17, 2021
Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Pantry
Dear Carol;
We have made several attempts to contact you with regard to the pantry. We understand that due to
COVID there have been many restrictions and delays. We are hoping that we can move forward at this
time and rectify this item.
The Board has been able to review the report from Ingram Engineering, and has discussed at length the
pantry area that was made under the stairs. At the time the Engineer was present, he did ask for any
photos of the work while it was being completed, so that he could verify if there was proper structural
support. You stated that no photos of the inside of the walls existed. As you may be aware, the area
that this common space Is under is a staircase of another unit. If the proper structural support is not
used, this could cause a major issue to the stairs above and create a liability for all involved.
Therefore, after much thought, discussion and consideration, the Board has made the decision to
require that the area be returned to its original condition. Again, the area that is under the stairs is
common space, and not to be used for the benefit of one owner over another. The Board will seek
proposals from contractors and will have an association approved contractor complete this work.
However, this will be at your expense as the homeowner. The Association has an obligation to ensure
that this work is completed in such a manner that it will allow the proper structural support that
previously existed,
Once we have identified the contractors that we will obtain proposals from, we will reach out to
schedule a time for the contractors to view the area. We will be cognizant of working within the COVID-
19 guidelines that have been set forth. We appreciate your cooperation in advance for this work to be
completed in a timely manner.
We ask that anything pertaining to this project be placed in writing and sent to
alydon@pencomanagement.com. We also ask that you please acknowledge receipt of the
correspondence no later than November 29, 2021,
Sincerely,
Andrea Lydon, Community Manager
PENCO Management Inc,
On behalf of the Board of Directors for
Darlington Woods Condominium Association
December 8, 2021
Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Pantry
Dear Carol;
We have made several attempts to contact you with regard to the pantry. We understand that due to
COVID there have been many restrictions and delays. We are hoping that we can move forward at this
time and rectify this item. We are making one final attempt to reach you with regard to this matter.
Should we not receive acknowledgement of receipt by December 17, 2021, we will have no other option
but to seek legal action.
The Board has been able to review the report from Ingram Engineering, and has discussed at length the
pantry area that was made under the stairs. At the time the Engineer was present, he did ask for any
photos of the work while it was being completed, so that he could verify if there was proper structural
support. You stated that no photos of the inside of the walls existed. As you may be aware, the area
that this common space is under is a staircase of another unit. If the proper structural support is not
used, this could cause a major issue to the stairs above and create a liability for all involved.
Therefore, after much thought, discussion and consideration, the Board has made the decision to
require that the area be returned to its original condition. Again, the area that is under the stairs is
common space, and not to be used for the benefit of one owner over another. The Board will seek
proposals from contractors and will have an association approved contractor complete this work.
However, this will be at your expense as the homeowner. The Association has an obligation to ensure
that this work is completed in such a manner that it will allow the proper structural support that
previously existed,
Once we have identified the contractors that we will obtain proposals from, we will reach out to
schedule a time for the contractors to view the area. We will be cognizant of working within the COVID-
19 guidelines that have been set forth. We appreciate your cooperation in advance for this work to be
completed in a timely manner.
We ask that anything pertaining to this project be placed in writing and sent to
alydon@pencomanagement.com. Again, please acknowledge receipt of the correspondence no later
than December 17, 2021.
Sincerely,
Andrea Lydon, Community Manager
PENCO Management Inc.
On behalf of the Board of Directors for
Darlington Woods Condominium Association
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EXHIBIT
STEVEN L. SUGARMAN & ASSOCIATES
ATTORNEYS AT LAW
1273 LANCASTER AVENUE
BERWYN, PENNSYLVANIA 19312
—
(610) 889-0700
FAX: (610) 993-0498
1800 JFK BOULEVARD www.suglaw.com 1275 GLENLIVET DRIVE, SUITE 100
WN, PA 18106-3107
(610) 651-0317
Meio 38PA 103
1853 WILLIAM PENN WAY
ELLIOT H. BERTON, ESQUIRE February 10, 2022 P.O, BOX 10008
LANCASTER, PA 17601
eberton@suglaw.com (717) 431-0913,
Ms. Carol Wills
210 Nottingham Court
Glen Mills, PA 19342
Re: Darlington Woods Condominium Association/
Unauthorized Alteration of Common Elements
Dear Ms. Wills:
Please be advised that we represent Darlington Woods Condominium Association (the
“Association”).
We understand that you made alterations and installed a pantry under the stairs adjacent to
your Unit. Not only did you fail to request authorization to make such alterations, but it appears
that the installation impaired the structural integrity of the Building in which your Unit is located
and lessened the support of a portion of the Condominium in violation of Section 8.09 of the
Declaration of Condominium of Darlington Woods.
It is our understanding that the Association’s Executive Board has repeatedly instructed
you to remove the pantry and restore the Building to its original condition utilizing an Association
approved contractor. We are further informed that you have ignored all such communications.
Please be advised that the Association’s contractor will require access to your Unit to
remove the pantry and restore the Common Elements to their original condition. The contractor
is available to start this work on February 22, 2022 at 10:00 a.m., and the project will take more
than one day to complete. You will be responsible to reimburse the Association for the cost of this
work,
Kindly confirm that you will facilitate access to your Unit to perform the work. If you fail
to do so, the Association may initiate legal proceedings to compel your cooperation. In addition
to other relief, the Association shall seek reimbursement of its legal expenses.
Ms. Carol Wills
February 10, 2022
Page 2
We trust that you shall contact the Association’s managing agent within ten (10) days from
the date of this letter to confirm that the work can begin as scheduled. You or your attorney may
contact the undersigned if you have any questions.
Very truly yours,
STEVEN L. SUGARMAN & ASSOCIATES
Elliot H. Berton
EHB/hkj:mjmr
VERIFICA TION
|, Andrea S. Lydon, Community Manager, verify that the statements made in the
foregoing Complaint in Equity and for Breach of Declaration, are true and correct to the
best of my knowledge, information and belief. | understand that false statements herein are
made subject to the penalties of 18 Pa. C.S, §4904 relating to unsworn falsification to
authorities.
Date: 3 io et (ena kimk
Andrea S. Lydon, Zoinmunit? Manager
FILED
13-14-2022 12:11 PM
OFFICE OF JUDICIAL SUPI ma
|ELAWARE COUNTY
STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312
FILED
04-26-2022 08:41 PM
OFFICE‘LAWARE
OF JUDICIAL SUPPORT
COUNTY,
Preview
STEVEN L. SUGARMAN & ASSOCIATES BY: Steven L. Sugarman, Esquire and Elliot H. Berton, Esquire IDENTIFICATION NO. #32473 & #53060 1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association BERWYN, PA 19312-1244 (610) 889-0700 FAX: (610) 993-0498 Delaware County DARLINGTON WOODS CONDOMINIUM Court of Common Pleas ASSOCIATION Civil Division 400 Ashley Court Glen Mills, PA 19342 Vv. CAROL WILLS NO. CV-2022-001796 210 Nottingham Court Glen Mills, PA 19342 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please REINSTATE the Complaint originally filed in this matter on March 14, 2022, in the manner permitted by Pa. R.C.P. 401(b). STEVEN L. SUGARMAN & ASSOCIATES By: [sf EliotH. Bertow Steven L. Sugarman, Esquire Elliot H. Berton, Esquire Attorneys for Plaintiff, Darlington Woods Condominium Association Supreme Courtof Pennsylvania ee i S. Co mi Lon Pleas Be es i For Prothonotary Use Only: et 4M, te iwa ay County Docket No: 4 lip hy The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Complaint Writ of ane , E] Petition : Oo Notice of Appeal 1 Transfer from Another Jurisdiction E} Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: T [Darlington Wood Condominium Association | Carol Wills 0 Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant’s Attorney: Steve garman, Esq. #324 Elliot ion, Esq. #53060 Dollar Amount Requested: E]__ within arbitration limits Are money damages requested? : Yes J No DX] outside arbitration limits (Check one) Is thisa Class Action Suit? 1 Yes No _| Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your PRIMARY CASE, If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional EG Buyer Plaintiff Administrative Agencies [2] Malicious Prosecution [J Debt Collectio: redit Card G Board of Assessment [J Motor Vehicle E} Debt Col tion: Other ED Board of Elections Nuisance Dept. of Transportation Premises Liability Zoning Board E Product Liability (does not include Oo Seen) Appes Other mass tort) o Emiyment Dispute: (J Slander/Libel/ Defamation Discrimination fs] a Employment Dips, Other Judicial Appeals MDJ - Landlord/Tenant 8 oe GE] MDJ- Money Judgment MASS TORT O Ott EJ Asbestos Tobacco Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste O Ejectment 1 Common Law/Statutory Arbitration ED Other: [J Eminent Domain/Condemnation (21 Declaratory Judgment Ed Ground Rent [J Mandamus Landlord/Tenant Dispute EJ Non-Domestic Relations Mortgage Foreclosure Restraining Order ; PROFESSIONAL LIABLITY E) Partition Quo Warranto Gi Dental Quiet Title E] Replevin G Legal [|] Medical O othe & Other: @ a Professional: Eau Jojunetion FILED USTED, T7211 PM Pa.R.C.P. 205.5 oFrice or SABALOsuPPoRT DELAWARE COUNTY, PA IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL COVER SHEET AND ENTRY OF APPEARANCE Court Term & No. 1. Case Caption: Darlington Woods Condominium Association vs. Carol Wills Jury X_Non Jury Arbitration ($0-$50,000) 2a. Plaintiff (s) 2b. Defendant(s) (Name and address) (Name and address) Darlington Woods Condominium Carol Wills Association 210 Nottingham Court 400 Ashley Court Glen Mills, PA 19342 Glen Mills, PA 19342 3a. Related Cases? Yes X No 3b. Case Subjectto Coordination Order? Yes _X_ No Ifyes, show Caption and Case Numbers Ifyes, show Caption and Date of Order 4. Entry of Appearance To the Office of Judicial Support: Kindly enter my appearance on behalf of Darlington Woods Condominium Asso¢(a) plaintiff in this action. Papers may be served at the address set forth below. Elliot H. Berton, Esquire Address: Steven L. Sugarman & Associates Attorney for party named above (Please print) 1273 Lancaster Avenue 53060 Attorney I.D. Number Berwyn, PA 19312 Telephone: (610_) 889-0700 Fax: (610 ) 993-0498 /s/ Elliot H. Berton 3/11/22 Attorney Signature Date Reverse side must be completed Choose only the one description which best reflects the principal type of case or relief sought from the list. Case Description APPEAL Intentional Tort Minor Court Assault and Battery Money Judgement Libel and Slander Landlord and Tenant Defamation Code Enforcement Employment/Wrongful Discharge Personal Injury False Imprisonment Breach of Contract Fraud Other Malicious Prosecution Negligence Local Agency Motor Vehicle Civil Service Real Property Motor Vehicle Premises Liability Licenses and Inspections Product Liability Liquor Control Board Toxic Tort Tax Assessment Boards Asbestos Zoning Board DES Other Implant Toxie Waste Proceedings Commenced by Petition Other Appointment of Arbitrators Professional Malpractice Change of Name Dental Compel Medical Examination Legal Election Matters Medical Eminent Domain Other Leave to Issue Subpoena Equity Mental Health Proceedings Real Property Other Stockholders Derivative Action Waste Prevention ACTIONS COMMENCED BY WRIT Other Mandatory Injunction Declaratory Judgement OF SUMMONS OR COMPLAINT Ground Rent Mandamus Abuse of Process Real Property Action for Wrongful Death Ejectment Class Action Quiet Title Confession of Judgement/Money Mortgage Foreclosure Confession of Judgement/ Mechanics Lien Real Property Partition Contract Prevent Waste Construction Replevin Insurance/Bad Faith Saving Action Um/Uim Negotiable Instruments Quo Warranto Other Other STEVEN L. SUGARMAN & ASSOCIATES BY: Steven L. Sugarman, Esquire and Elliot H. Berton, Esquire IDENTIFICATION NO. #32473 & #53060 1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association BERWYN, PA 19312-1244 (610) 889-0700 FAX: (610) 993-0498 Delaware County DARLINGTON WOODS CONDOMINIUM Court of Common Pleas ASSOCIATION Civil Division 400 Ashley Court Glen Mills, PA 19342 Vv. CAROL WILLS No. 210 Nottingham Court Glen Mills, PA 19342 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. LAWYERS' REFERENCE SERVICE Front and Lemon Streets Media, PA 19063 (610) 566-6625 STEVEN L. SUGARMAN & ASSOCIATES BY: Steven L, Sugarman, Esquire and Elliot H. Berton, Esquire IDENTIFICATION NO. #32473 & #53060 1273 LANCASTER AVENUE ATTORNEYS FOR Plaintiff, Darlington Woods Condominium Association BERWYN, PA 19312-1244 (610) 889-0700 FAX: (610) 993-0498 Delaware County DARLINGTON WOODS CONDOMINIUM Court of Common Pleas ASSOCIATION Civil Division 400 Ashley Court Glen Mills, PA 19342 CAROL WILLS NO 210 Nottingham Court Glen Mills, PA 19342 COMPLAINT IN EQUITY AND FOR BREACH OF DECLARATION COMES NOW, Plaintiff, Darlington Woods Condominium Association (the “Association”), by and through its attorneys, Steven L. Sugarman & Associates, and by way of Complaint in Equity against the above-referenced Defendant, states as follows: 1 Plaintiff, the Association, is a non-profit corporation and condominium association organized and existing under and pursuant to the laws of the Commonwealth of Pennsylvania and that certain Declaration of Condominium of Darlington Woods, a Condominium, dated August 23, 1988 and recorded in the Office for the Recording of Deeds in and for Delaware County, Pennsylvania on September 6, 1988, in Book 0606, Page 0001 et seq. (the “Declaration”) and pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. §3101. et seg. The provisions of the Declaration are incorporated herein by reference pursuant to Pa. R.C.P. No. 1019(g). 2 The Association receives mail at 400 Ashley Court, Glen Mills, Pennsylvania 19342. 3 Defendant, Carol Wills (the “Defendant”) is an adult individual who owns, tesides and receives mail at 210 Nottingham Court, Glen Mills, Pennsylvania 19342 (the “Unit’). 4 The Association consists of all Unit Owners within the condominium located in Delaware County, Pennsylvania, commonly known as Darlington Woods (the “Condominium’). 5 Pursuant to Article |, Section 1.01 of the Declaration, all of the property and improvements constructed upon and in the Condominium have been submitted to the provisions of the Declaration. 6 Article VI, Section 6.01 of the Declaration states in relevant part that: All present and future Owners and tenants, their guests, licensees servants, agents, employees and any other person or persons who shall be permitted to use the Common Elements described in this Declaration shall be subject to this Declaration, the By-Laws and any rules and regulations issued by the Executive Board from time to time to govern the conduct of Owners and the use and occupancy of the Property. Ownership, rental or occupancy of any of the Units in the Condominium shall be conclusively deemed to mean that the Owner, tenant or occupant has accepted, ratified and will comply with this Declaration, the By-Laws and the rules and regulations of the Association. 7 The Unit is located within and is a part of the Condominium, and therefore the Defendant and the Unit are subject to, and must comply with, the Declaration. 8 Article Vill, Section 8.09 of the Declaration indicates in relevant part that: No Owner may make any improvements or alterations or do any work which would impair the structural integrity or mechanical systems of any Building, lessen the support of any portion of the Condominium, or jeopardize the soundness or safety of the Property.... No Owner shall alter any of the Common Elements, change the appearance of the Common Elements or change the exterior appearance of his Unit (including, but not limited to, the exterior surfaces of entrance doors, storage room doors and garage doors) or any other portion of the Condominium or do any work to any portion of a Unit that may be located within the Common Elements without the prior written approval of the Executive Board. STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312 9 Notwithstanding the prohibitions set forth in the Declaration, the Defendant made an opening in an existing wall of her ground floor Unit and built a pantry in the space under the staircase leading to the second floor Unit above her residence. 10. By correspondence dated January 10, 2020, the Association issued correspondence to the Defendant seeking access to the Unit for purposes of inspecting the unauthorized alterations. A true and correct copy of said correspondence is attached hereto and incorporated herein as Exhibit “A.” 11. Subsequently, the Association retained Ingram Engineering Services, Inc. which inspected the alterations made by the Defendant on February 25, 2020. 12. Ingram Engineering Services, Inc. advised the Association that the Defendant's modifications did not include a necessary structural header below and supporting the stairs leading to the second floor Unit. 13. As a consequence, the Association instructed the Defendant to remove the closet pantry installed by the Defendant and return the area below the stairs to its original condition. True and correct copies of correspondence from the Association to the Defendant reflecting the foregoing are collectively attached hereto and incorporated herein as Exhibit “B.” 14. Defendant failed to comply with the Association’s instructions. 15. As a consequence, by correspondence dated February 10, 2022, the Association's attorneys issued correspondence to the Defendant demanding that the Association's contractors be granted access to the Unit to remove the pantry and restore the Common Elements to their original condition. A true and correct copy of said correspondence is attached hereto and incorporated herein as Exhibit “C.” 16. Notwithstanding such demands, the Defendant has failed and refused, and continues to fail and refuse, to permit the Association to enter the Unit to perform the necessary structural repairs. 17. Defendant's refusal to rectify the unauthorized structural modifications made to the Association's Common Elements constitutes a continuing violation of the Declaration. STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312 COUNT | — INJUNCTIVE RELIEF 18. The Association incorporates paragraphs 1 through 17 hereof as if set forth fully herein. 19. Consistent with Section 3302(a)(4) of the Act, the Association is authorized to “institute, defend or intervene in litigation or administrative proceedings or engage in arbitrations or mediation in its own name on behalf of itself or two or more Unit Owners on matters affecting the condominium.” 20. In addition, pursuant to Article XVII, Section 170.01(c) of the Declaration: Failure of an Owner to comply with this Declaration, the By-Laws and/or rules or regulations adopted pursuant thereto shall entitle the Condominium Association or Unit Owners to the remedies provided in this Declaration and the Act and also to the following relief, none of which remedies shall be exclusive of any other remedies: (i) Suits: Failure to comply with the terms of this Declaration, By- Laws and the rules and regulations adopted pursuant thereto, and the same as they may be amended from time to time, shall entitle the Condominium Association or any aggrieved Owner to sue for the recovery of damages or for injunctive relief, or both. This relief shall not be.exclusive of other remedies provided by law. 21, Furthermore, pursuant to Article XVII, Section 17.01(c)(ii) of the Declaration, in proceedings arising as a consequence of an Owner's failure to comply with the terms of the Declaration, the Association shall be entitled to recover costs and reasonable attorneys’ fees. 22. Notwithstanding repeated notices and demands, Defendant has failed and refused and continues to fail and refuse, to abide by the restrictions set forth in the Declaration including, specifically, prohibitions against unauthorized alterations to Units and Common Elements which affect the structural integrity of a Condominium Building. 23. Defendant's conduct as described hereinabove has caused immediate and irreparable harm to the Association and its members by, inter alia: STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312 (a) Impairing the rights of Unit Owners and residents within the Condominium to quiet and peaceful use and enjoyment of their residences; (b) Adversely affecting the sense of community, integrity and harmony for which Owners of Units within the Condominium bargained upon becoming members and residents of the Association; (c) Impairing and diminishing the fair market value of Units within the Condominium by affecting the structural integrity of a Condominium Building; (d) Flouting and ignoring clear requirements set forth in the Declaration, thereby challenging and diminishing the authority vested in the Association’s Executive Board to govern and administer the Condominium in accordance with recorded instruments provided to each Unit Owner upon purchase, and otherwise in accordance with applicable law; and (e) Failing and refusing to adhere to express instructions of the Executive Board to comply.with the Declaration and the covenants set forth therein. 24, As a consequence of Defendant’s continuing violation of the Declaration covenants, the Association has been constrained to retain and pay for legal services. 25. In addition to the above-cited provisions of the Declaration, pursuant to Sections 3315(a) and 3412 of the Act, the Association is entitled to recover its costs and reasonable attorneys’ fees to enforce the Declaration. 26. The Association has no adequate remedy at law, and seeks injunctive and other equitable relief to restore the status quo which existed prior to the Defendant's misconduct as described above. 27. As a consequence of Defendant’s continuing violation of the Declaration covenants, the Association is entitled to injunctive relief and an Order enforcing the clearly stated provisions of the Declaration. WHEREFORE, Plaintiff, Darlington Woods Condominium Association, requests that this Honorable Court, sitting in Equity, enter an injunctive Order: 5 STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE * BERWYN, PA 19312 A Compelling and directing the Defendant to permit Association agents and contractors access to the Unit to remove the unauthorized closet/pantry installed by the Defendant, and restore the structural integrity of the Building below the stairway leading to the second floor Unit; B Requiring Defendant to comply with all provisions of the Declaration including, without limitation, those which prohibit authorized modifications which affect the structural integrity of the Condominium Building. Cc Entering an award in favor of the Association for its costs and reasonable attorneys’ fees in this action, as well as other damages such as the cost to perform repairs and to restore the structural integrity of the Condominium Building. STEVEN L. SUGARMAN & ASSOCIATES By: /s/ Elliot H. Berton Steven L. Sugarman, Esquire Elliot H. Berton, Esquire Attorneys for Plaintiff, Darlington Woods Condominium Association STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312 QO re Ww coe XHIB ——— N 400 Ashley Court DARLINGTON Woops Glen Mills, PA 19342 Community Association Phone: 610-459-0510 Fax: 610-459-5317 January 10, 2020 Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Darlington Woods Condominium Association Unauthorized Alteration Dear Homeowner, It has come to the attention of the management office that alterations have been completed in your unit that may affect the stability and integrity of your unit, the unit above yours and/or the common element. Section 12.05 of the Declaration gives the Association, the Board, and the Board’s agents and employees, an irrevocable right and easement of access to Unit 210 to inspect, maintain, repair or replace the Common Elements therein or accessible therefrom, to make repairs to a Unit or the Common Elements and to abate violations. The Association’s easement in this regard is consistent with the right of access established in Section 3307(a) of the Uniform Condominium Act. Therefore, we are requesting access to your unit in order to view and inspect the alterations that were completed. Due to the concern that the integrity of your unit, the unit above and/or the common element may have been compromised, an engineer will also be present at this inspection. Any costs associated with this visit will be charged back to you as the homeowner. We ask that you please notify the management office by emailing alydon encomanagement.com available dates as to when you are available within the next ten (10) business days for us to have access to your unit. Thank you for your attention to this matter, and we look forward to hearing from you, Sin ely, drea Lydon, Community Manager PENCO Management Inc. On behalf of the Board of Directors for Darlington Woods Condominium Association www.darlingtonwoods.com xe? ow Cov wo XHIBIT August 1, 2020 Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Pantry Dear Carol; The Board has been able to review the report from Ingram Engineering, and has discussed at length the pantry area that was made under the stairs. At the time the Engineer was present, he did ask for any photos of the work while it was being completed, so that he could verify if there was proper structural support. At the time, you stated that no photos of the inside of the walls existed. As you may be aware, the area that this common space is under is a staircase. If the proper structural supportis not used, this could cause a major issue to the stairs above and create a liability for all involved. Therefore, after much thought, discussion and consideration, the Board has made the decision to require that the area be returned to its original condition. Again, thearea that Is under the stairs is common space, and not to be used for the benefit of one owner over another. The Board will seek proposals from contractors and will have an association approved contractor complete this work. However, this will be at your expense as the homeowner. The Association has an obligation to ensure that this work is completed in such a manner that it will allow the proper structural support that previously existed. Due to COVID-19, the Board has been delayed in getting through requests and concerns, and we truly apologize for the delay. gv t /'05\ 20 , \o\s [20 , he]! Gene April 21, 2024 Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Pantry Dear Carol; We have made several attempts to contact you with regard to the pantry. We understand that due to COVID there have been many restrictions and delays. We are hoping that we can move forward at this time and rectify this item. The Board has been able to review the report from Ingram Engineering, and has discussed at length the pantry area that was made under the stairs, At the time the Engineer was present, he did ask for any photos of the work while it was being completed, so that he could verify if there was proper structural support. You stated that no photos of the inside of the walls existed. As you may be aware, the area that this common space is under is a staircase of another unit. If the proper structural support is not used, this could cause a major issue to the stairs above and create a liability for all involved. Therefore, after much thought, discussion and consideration, the Board has made the decision to require that the area be returned to its original condition. Again, the area that is under the stairs is common space, and not to be used for the benefit of one owner over another. The Board will seek proposals from contractors and will have an association approved contractor complete this work. However, this will be at your expense as the homeowner. The Association has an obligation to ensure that this work is completed in such a manner that it will allow the proper structural support that previously existed. Once we have identified the contractors that we will obtain proposals from, we will reach out to schedule.a time for the contractors to view the area. We will be cognizant of working within the COVID- 19 guidelines that have been set forth, Sincerely, Andrea Lydon, Community Manager PENCO Management Inc. On behalf of the Board of Directors for Darlington Woods Condominium Association CC: Certified Mail ~ B\28 -not ¢ ernfied Ala cerned Ne vla - not cerhhed November 17, 2021 Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Pantry Dear Carol; We have made several attempts to contact you with regard to the pantry. We understand that due to COVID there have been many restrictions and delays. We are hoping that we can move forward at this time and rectify this item. The Board has been able to review the report from Ingram Engineering, and has discussed at length the pantry area that was made under the stairs. At the time the Engineer was present, he did ask for any photos of the work while it was being completed, so that he could verify if there was proper structural support. You stated that no photos of the inside of the walls existed. As you may be aware, the area that this common space Is under is a staircase of another unit. If the proper structural support is not used, this could cause a major issue to the stairs above and create a liability for all involved. Therefore, after much thought, discussion and consideration, the Board has made the decision to require that the area be returned to its original condition. Again, the area that is under the stairs is common space, and not to be used for the benefit of one owner over another. The Board will seek proposals from contractors and will have an association approved contractor complete this work. However, this will be at your expense as the homeowner. The Association has an obligation to ensure that this work is completed in such a manner that it will allow the proper structural support that previously existed, Once we have identified the contractors that we will obtain proposals from, we will reach out to schedule a time for the contractors to view the area. We will be cognizant of working within the COVID- 19 guidelines that have been set forth. We appreciate your cooperation in advance for this work to be completed in a timely manner. We ask that anything pertaining to this project be placed in writing and sent to alydon@pencomanagement.com. We also ask that you please acknowledge receipt of the correspondence no later than November 29, 2021, Sincerely, Andrea Lydon, Community Manager PENCO Management Inc, On behalf of the Board of Directors for Darlington Woods Condominium Association December 8, 2021 Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Pantry Dear Carol; We have made several attempts to contact you with regard to the pantry. We understand that due to COVID there have been many restrictions and delays. We are hoping that we can move forward at this time and rectify this item. We are making one final attempt to reach you with regard to this matter. Should we not receive acknowledgement of receipt by December 17, 2021, we will have no other option but to seek legal action. The Board has been able to review the report from Ingram Engineering, and has discussed at length the pantry area that was made under the stairs. At the time the Engineer was present, he did ask for any photos of the work while it was being completed, so that he could verify if there was proper structural support. You stated that no photos of the inside of the walls existed. As you may be aware, the area that this common space is under is a staircase of another unit. If the proper structural support is not used, this could cause a major issue to the stairs above and create a liability for all involved. Therefore, after much thought, discussion and consideration, the Board has made the decision to require that the area be returned to its original condition. Again, the area that is under the stairs is common space, and not to be used for the benefit of one owner over another. The Board will seek proposals from contractors and will have an association approved contractor complete this work. However, this will be at your expense as the homeowner. The Association has an obligation to ensure that this work is completed in such a manner that it will allow the proper structural support that previously existed, Once we have identified the contractors that we will obtain proposals from, we will reach out to schedule a time for the contractors to view the area. We will be cognizant of working within the COVID- 19 guidelines that have been set forth. We appreciate your cooperation in advance for this work to be completed in a timely manner. We ask that anything pertaining to this project be placed in writing and sent to alydon@pencomanagement.com. Again, please acknowledge receipt of the correspondence no later than December 17, 2021. Sincerely, Andrea Lydon, Community Manager PENCO Management Inc. On behalf of the Board of Directors for Darlington Woods Condominium Association QO re Ww coe EXHIBIT STEVEN L. SUGARMAN & ASSOCIATES ATTORNEYS AT LAW 1273 LANCASTER AVENUE BERWYN, PENNSYLVANIA 19312 — (610) 889-0700 FAX: (610) 993-0498 1800 JFK BOULEVARD www.suglaw.com 1275 GLENLIVET DRIVE, SUITE 100 WN, PA 18106-3107 (610) 651-0317 Meio 38PA 103 1853 WILLIAM PENN WAY ELLIOT H. BERTON, ESQUIRE February 10, 2022 P.O, BOX 10008 LANCASTER, PA 17601 eberton@suglaw.com (717) 431-0913, Ms. Carol Wills 210 Nottingham Court Glen Mills, PA 19342 Re: Darlington Woods Condominium Association/ Unauthorized Alteration of Common Elements Dear Ms. Wills: Please be advised that we represent Darlington Woods Condominium Association (the “Association”). We understand that you made alterations and installed a pantry under the stairs adjacent to your Unit. Not only did you fail to request authorization to make such alterations, but it appears that the installation impaired the structural integrity of the Building in which your Unit is located and lessened the support of a portion of the Condominium in violation of Section 8.09 of the Declaration of Condominium of Darlington Woods. It is our understanding that the Association’s Executive Board has repeatedly instructed you to remove the pantry and restore the Building to its original condition utilizing an Association approved contractor. We are further informed that you have ignored all such communications. Please be advised that the Association’s contractor will require access to your Unit to remove the pantry and restore the Common Elements to their original condition. The contractor is available to start this work on February 22, 2022 at 10:00 a.m., and the project will take more than one day to complete. You will be responsible to reimburse the Association for the cost of this work, Kindly confirm that you will facilitate access to your Unit to perform the work. If you fail to do so, the Association may initiate legal proceedings to compel your cooperation. In addition to other relief, the Association shall seek reimbursement of its legal expenses. Ms. Carol Wills February 10, 2022 Page 2 We trust that you shall contact the Association’s managing agent within ten (10) days from the date of this letter to confirm that the work can begin as scheduled. You or your attorney may contact the undersigned if you have any questions. Very truly yours, STEVEN L. SUGARMAN & ASSOCIATES Elliot H. Berton EHB/hkj:mjmr VERIFICA TION |, Andrea S. Lydon, Community Manager, verify that the statements made in the foregoing Complaint in Equity and for Breach of Declaration, are true and correct to the best of my knowledge, information and belief. | understand that false statements herein are made subject to the penalties of 18 Pa. C.S, §4904 relating to unsworn falsification to authorities. Date: 3 io et (ena kimk Andrea S. Lydon, Zoinmunit? Manager FILED 13-14-2022 12:11 PM OFFICE OF JUDICIAL SUPI ma |ELAWARE COUNTY STEVEN L. SUGARMAN & ASSOCIATES + 1273 LANCASTER AVENUE + BERWYN, PA 19312 FILED 04-26-2022 08:41 PM OFFICE‘LAWARE OF JUDICIAL SUPPORT COUNTY,