PHILADELPHIA – A local condo complex is continuing to pursue the recovery of more than $13,000 from one of its homeowners allegedly in debt to it for a variety of fees and charges, despite multiple attempts at service of the complaint and execution of collection.
Cresheimbrook Condominium Association c/o Association Management Consultants of Warminster first filed suit on May 30, 2017 in the Philadelphia County Court of Common Pleas against Valyrie Patton, of Philadelphia.
The plaintiff is responsible for the administration and management of Cresheimbrook Condominium Association, pursuant to the Declaration filed with the Recorder of Deeds for Philadelphia County – while Patton is the owner of a unit at the Cresheimbrook complex, which is also subject to that same Declaration.
According to the lawsuit and condominium Declaration, Patton failed to pay the Association assessments, late fees, fines, charges and expenses in the amount of $11,152.66, all of which are due and owing.
Pursuant to the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq. and the Declaration, the defendant is liable for all overdue amounts, plus interest, costs and reasonable attorney’s fees.
“In addition to the amounts already due, the Association estimates that it will incur the additional amount of $2,500.00 in attorney’s fees and expenses in collecting the amounts due for which it has a lien. The Association reserves the right to seek additional fees and expenses that accrue subsequent to the filing of this complaint,” the suit said.
In the instant matter, a praecipe for a default judgment of $13,652.66 was filed on July 19, 2017, for Patton’s failure to answer the complaint within the legally-required time period, and writs of execution to enforce that same judgment were filed on Sept. 28, 2017, Nov. 8, 2017 and March 22.
The plaintiff is still seeking a final judgment in the amount of $13,652.66, plus pre- and post-judgment interest, costs of suit, attorney’s fees and such other relief as is appropriate under the circumstances in this matter.
The plaintiff is represented by Hal A. Barrow of Barrow Hoffman in Warminster and Eric J. Phillips of Hladik Onorato & Federman, in North Wales.
The defendant has not responded to the complaint or secured legal counsel, per court records.
Philadelphia County Court of Common Pleas case 170504105
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com