Answer: Birchwood Condominium Association v. McCabe

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                                DESSEN MOSES & ROSSITTO
BY Adam M DeJohn, Esquire
Identification No 94278
600 Easton Road                                           Attorney for Defendant
Willow Grove PA 19090
(215) 496 2934


BIRCHWOOD CONDOMINIUM                                     DELAWARE COUNTY COURT
ASSOCIATION                                               OF COMMON PLEAS

                                                          CIVIL DIVISION
     V
                                                          NO 21 7473

PATRICK MCCABE




                  DFI I NDANT, PA I RICK MCCABE S ANSWFR
                               TO COMPLAINT

     1     N0 answel 1equiied

    2      No answer required

    3      Admitted

    4      Admitted

    5      Admitted

    6      Admitted

    7      This averment is a legal conclusion to which no response is required

    8      This averment is a legal conclusion to which no response is required

    9      This averment is a legal conclusion to which no response is required

    10     This averment is a legal conclusion to which no response is requiled

    11     Admitted in part, denied in part It is admitted the Association is partly run in

    accordance with the goveining documents It is denied that the Association is fully

    administered in compliance of the governing documents

    12     This averment is a legal conclusion to which no response is requiied
 13       This averment is a legal conclusion to which no 1esp0nse is required

 14       Admitted

 15       Admitted

 16       Admitted

 17       Admitted in part, denied in part It is admitted that the Association has assessed

the defendant’s unit It is denied that the assessment is in accmdance with the

Association’s goveining documents

 18       Admitted in pait denied in part It is admitted the defendant has certain

obligations to pay It is denied that defendant is obligated to pay all assessments and late

Charges when some of said assessments and/or charges are impropei

19        Admitted in part, denied in pait It is admitted the defendant has celtain

obligations to pay It is denied that defendant is obligated to pay all assessments and late

charges when some of said assessments and/or charges are i1np10per

20        Admitted in part denied in part It is admitted the defendant has not paid all

assessments and charges levied It is denied that all such assessments and charges are

proper under Plaintiff“ s governing documents

21        Denied To the contrary defendant has paid all applicable and properly levied

assessments What defendant has not paid are impropei assessments late fees and

Charges

22     Admitted in part, denied in part It is admitted that defendant continues to pay the

assessments properly levied, and also admitted that defendant has not paid chaiges

deemed to be improper It is denied that defendant is delinquent T0 the contrary,

defendant’s position is that he is current and that Plaintiff has assessed and continues to

pursue improper charges and collections
23      Admitted in part denied in part It is admitted that Plaintiff’s statement shows this

amount due It is denied that amount is ploper and actually due by defendant

24      Admitted

25      Admitted in part denied in part It is admitted that Plaintiff has notified defendant

of legal fees they seek to reimburse It is denied that said legal fees are due and owing by

defendant in light defendant’s position that the assessments and charges are imp10per

26      This avelment is a legal conclusion to which 110 iesponse is iequired

27      This averment is a legal conclusion to which no response is 1equired

28      Admitted in palt denied in part It is admitted that Plaintiff has notified defendant

of assessments, charges and legal fees they seek to reimburse It is denied that said fees

are due and owing by defendant in light defendant’s position that the assessments and

charges are impioper

29      Admitted in part, denied in part It is admitted that defendant continues to pay the

assessments p10perly levied, and also admitted that defendant has not paid charges

deemed to be improper It is denied that defendant is delinquent T0 the contrary,

defendant’s position is that he is current and that Plaintiff has assessed and continues to

pu1 sue improper cha1 ges and collections

30     Admitted in part denied in part It is admitted the defendant has certain

obligations to pay It is denied that defendant is obligated to pay all assessments and late

charges when some of said assessments and/Or charges are improper
       WHEREFORE, Defendant demands judgment be cntened in his fav01 and Plaintiff‘s

complaint be dismissed with pleiudice




                                                             Respectfully Submitted




                                                             1m             Lg
                                                             ADAM M DEJOHN ESQ
                                                             Attomey for Defendant
                                  VERIFICATION



I verify that the statements made 1n this Answer are true and correct       E understand that false

statements herein are subject to the penalties of 18 Pa C S A §4904, relating to unsworn

falsification to authorines



 s/m 20 2. .4
                                                   /”
  7
DATE
                /     W      "
                                                    (j     fig”1/ ”£11.”;
                                                  PATRICK CCABE
                                                                        I           C   /I   ,


                                                  DEFENDANT