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Mark W. Waldron, #0258;14 . . .WALDRON LAW GROUP;'PC
2 1801 S. Extension Road, Suite 124Mesa, AZ 85210
3 Phone: 480-551-4200Fax: 480-551-6030
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6 IN THE JUSTICE COURT OF ARCADIA BILTMORE ,
7 IN AND FOR THE COUNTY OF MARICOPA, STATE OF ARI~ONA
Attorney for Plaintiff
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CITr ON CAMELBACK CONDOMINIUMASSOCIATION, an Arizona non-profitcorporation,
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~C$O'l(DlqJ-~Lf~SUMMONS
Plaintiff,
vs.
WILLIAM PARCELL & THERESAPARCELL, husband and wife,
. c; i!\Defendantsrp P(:
.~ "
THE STATE OF ARIZONA to the Defendants:
William Parcell & Theresa Parcell
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8717 Baxter Way
Orangeville, CA 95662
YOU ARE HEREBY ~UMMONED and required to appear and defend within the
time applicable, in this action in this court. If served within Arizona, you shall appear and
defend within 20 days after the service of the Summons and Complaint upon you, exclusive of
the day of service. If served out of the State of Arizona-whether by direct service, by
registered or certified mail, or Py publication - you shall appear and defend within 30 days
after service of the Summons-and Petition/Complaint upon you is complete, exclusive of the
day of service. Service wi~th;reg~fered "orcertified mail out of the State of Arizona is complete
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4 Attorney for Plaintiff
5IN THE JUSTICE COURT OF ARCADIA BILTMORE
IN AND FOR THE COUNTY OF MARICOPA, STATE OF ARIZONA6
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CITI ON CAMELBACK CONDOMINIUMASSOCIATION, an Arizona non-profitcorporation,
Case No.~ C,?--O I ( 0 (0, :;L14p-c...
Plaintiff, COMPLAINT
vs. (Breach of Contract)r.
WILLIAM PARCELL & THERESAPARCELL, husband and wife,
. IDefendants'!: ,':i')(
~ '''';uitc:·j 2·4
,.',-:'~ ;_. -:. ;l •. .•
;: :f-Plaintiff Citi on Camelback Condominium Association, by and through itsattomeyr.,
undersigned, for its claim against Defendants William Parcell & Theresa Parcell, husband
and wife ("Defendants"), alleges as follows:
1.
Plaintiff is a homeowners association which is organized and doing business in the
State of Arizona as an Arizona non-profit corporation.
II.
Defendants William Parcell & Theresa Parcell arc the record owners of Unit 1039, of
CfTI on CAMELBACK CONDOMINUM, a Condominium as created by that certain
Declaration recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 and23
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amended in 06-515645, and as shown on the Plat of said Condominium recorded in Book. ' ,,1:'~.~:~;.;~ >", ~ " >':> .i:"\ 1
801 of Maps, Page 25, in\~9!Pf0~e of the County Recorder of Maricopa County, Arizona,~r".'-'-'---:'._~_ ~ _-;_..-~ __.. -:::-,",. .~" ,- "0"
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4425
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and Affidavits of Change recorded in 06-186561, 06-483494 and 06-514596 which is
physically located at 911 East Camelback Road #1039, Phoenix, AZ 85014, and Unit 1042,
of Citi on Camelback Condominium, a Condominium as created by that certain Declaration
recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 and amended in
06-515645, and as shown on the plat of said condominium recorded in Book 801 of Maps,
page 25, in the office ofthe County Recorder of Maricopa County, Arizona, and Affidavits
of Change recorded in 06-186561, 06-483494 and 06-514596 within the Citi on Camelback
Condominium Association, which is subject to the Condominium Declaration for Citi on
Camelback Condominium ("Declaration") which has been recorded in the office of the"~f_-:::
Maricopa County Recorder ("Lot 103.9 and LoU 042"). See Special Warranty Deeds(
11 attached as Exhibit "A. ' (;'" (>ll .. ' :~:.:i;.~r: ·,'.n;· ,.
III.12
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.Upon information and belief, Defendants are husband and wife, and all.actions taken
14 byeither or both were for and on behalf of their marital community.
IV.
Upon information and belief, Defendants reside at 8717 Baxter Way, Orangeville,
CA.95662.
v.Pursuant to the recorded Declaration and Arizona statutes, the Association is ,
authorized to impose and collect from owners assessments, or charges for the costs and
expenses incurred in the performance of the Association's obligations under the Declaration,
which may include maintenance, rep~ir,,~~I1fin,istra~ion, improvement, management and/or
insurance, late charges, inter~~t?~nd related-costs of collection, as well as monetary penalties
(fines) for violations.
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18 balance awarded at the legalrate"ofte,nTP~rce~HlO%) per annum.~~ ';',.' -. :.... ; ,.,~ : .::.:;. :: ' . ...,1 c,I,,:' I..~, ,~
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account as 0f the date of the ledger, January 10, 2011. A copy of Defendants' accounting
ledger is attached hereto as Exhibit "B."
x.
Assessments levied against Defendants continue to accrue at the rate of $223 .56, plus
late fees of $30.00 per month, or such greater rate as Plaintiff may assess in the future.
,li~~;rI itd i'd~I,~LLate fees continu~ t~:;a~5rA~'PH.~ttP~W,~~I~'pssmentsand monetary penalties until
paid.
XII.
Plaintiff has and will incur attorneys' fees in connection with this matter. If the
Plaintiff obtains a default judgment, it will seek a minimum of $500.00 for its reasonable
attorneys' fees. Greater amounts may be sought upon application to the Court, including but
not limited to fees incurred for pretrial conferences, summary judgment or trial. Plaintiff ist'~"_c,
entitled to recover its reasonable attorneys' fees and collection costs pursuant to (the
15 Declaration and A.R.S. §12-341.0 1.
16 XIII.
17 Pursuant to the Declaration and Arizona law, Plaintiff is entitled to interest on the(c.,
20 Pursuant to the Declaration and Arizona law, the amounts owed by Defendants to the
21 Association as set forth in this Complaint, excluding the monetary penalties of $520.00,
22 constitute a continuing, consensual assessment lien against Lot 1039 and Lot 1042.
23 WHEREFORE, Plaintiff prays for judgment against Defendants William Parcell &
24 Theresa Parcell jointly and severally, as follows:
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1 A. For the principal sum of $5,804.66 as and for assessments, late fees, unpaid
2 penalties and related charges which are due and unpaid as of this date, together with interest
3 thereon at the legal rate often percent (10%) per annum until paid;
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5 together with post-judgment ~ifitei:esnheteon 'at'the legal rate of ten percent (10%) per
B. For accruing due-and unpaid assessments and charges to the date of judgment,
6 annum until paid;
7 c. For its reasonable attorneys' fees in the minimum amount of$500.00, or a
8 greater amount as determined upon application to the Court;
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D.
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For its court costs and all costs of collection incurred herein;
For its costs and reasonable attorneys' fees incurred in collecting on the
11 judgment;
12 F. That the Association's assessment lien, comprised of unpaid assessments, late
13 fees, and related costs of collection, including reasonable attorneys' fees, but excluding anyc,
14 unpaid penalties which at the time of tiling the Complaint total $5,804.66, shall-continue to
15 be secured against Defendants' Lots and not be extinguished with the entry of!h~s
16 judgment; and. ;i;~ <.I" '1)'l))«' t; J:;'i(.:'" •
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:SP::~:L:~:::~=~t~:K)1e.~::::ee~andP:Of:;•.
WALDRON LAW GROUP, PC
~w~Mark W, Waldron, #025814180I S. Extension Road, Suite 124Mesa, AZ 85210Attorney for Plaintiff
,\
20071336139. .
Escrow No. 22300-D7-19310
·~v:t';~~~t\~ji:.~)t~:·~g!~"~~\;·Jf~·;:~)f\)·.''-· ''l1.. \j,'(0 . ':1~(H{BiT':;A;;'
PARCEL NO.1:
Unit 1042, of elTl on Camelback Condominium. a Condominium as created by that certainDeclaration recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 andamended in 06-515645, and as shown bnthe plat of said condominium recorded!n Book 801 ofMaps, page 25. in the office of the County Recorder of Maricopa County, Arizona. and Affidavits ofChange recorded in 06-166561, 06-483494 and 06-514596,
TOGETHER WITH a proportionate interest in and to the Common Areas. as set forth in saidDeclaration and as shown on said plat.
PARCEL NO.2:
An exclusive right to use Garage G1089, a limited common element, as set forth in said Declarationand as shown on said plat.
'~;' .. f' •
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SBAZOED. '505 Rev. 2I?5103
,••••••TrThT. R•••.r()"Rn~ o •••
When recorded mall to:William Parcell and Theresa Parcell8717 6(J..{.-Ier wcj0rf.V13 t~a,JeJ (!;l- CJs.; {J2..
Escrow No. 22300-07-19311
J ,"
UnofficialDocument
II,., SPECIAL WARRANTY DEEI
For the consideration of TEN AND NO/l00 DOLLARS, and other v
RF Sunvest Development, LLC, a Delaware limited liability companydo hereby convey toWilliam Parcell and Theresa Parcell, husband and wifethe following described real property situated in Maricopa, Arizona.
SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO.Subject to current taxes and other assessments, reservations in patents and all easements, rights 01 way,encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record.
The Grantor binds itself to warrant the title against all acts of the Grantor and no oth~..c.,.•.... ,/
Dated: December 6, 2007
State ofCounty of
RFS"n'~U::BY:~~~ __ ......,..4--':::::"'- _
.•..•.-.
r· .On D.&emW 7, 'UJo1 before me, the undersigned a Notary Public in and for said County-andState, personally appeared Harris Friedman personally known to me (or proved to me on the basis .ofsatisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumentjandacknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and_thatby his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personts)acted, executed the instrument. (. ,WITNESS my hand and official seal. t.,
~ ~ Notary Public State olFlorida~...~"f. Irene M Alvarez r~~.".:j MyCommission 00670560 My Commissi ~ d" ?Of!"'i Of •••ri" Exoires 0612212011
Signature
NOTE: The parties are cautioned that by completing and executing this document, legal rights, duties andobligations are created. By signing, the parties acknowledge that they have been advised to seek andobtain independent legal counsel as to all matters contained in the within document prior to signing sameand that said parties have obtained advice to choose to proceed without same.
Account Name: Parcell, WilliamUnit Address: 911 East Camelback Road #1042Association: Citi on CamelbackFinn File No: Mgmt Co File No: 77-2000-1042-01
Account HistoImt{~:'" ..~·o· ..
11/10/2010 Attorney Fee
Rossmar & Graham,
Phone:
11110/2010 Collection Cost
06/04/2010 Collection Cost04113120 lOAM Credit
FORWARD TO ATTORNEY $165.00 $165.00 $2,179.92CC DEMAND LETTER $50.00 $50.00 $2,014.92TRANS TO 02 ($207.67) $0.00 $1,964.92
04/07/20 I0 Collection Cost COLLECTION SETUP $23.75 $23.75 $2,172.5904/01/2010 Utility Fee EST UTILITY SRVC FEE $20.83 $0.00 $2,148.8404/0 I12010 Assessment-
MonthlyLATE CHARGE
ASSESSMENTS-MONTHLY $111.78 $0.00 $2,128.01
$2,016.2303118/2010 Late Charge $15.00 $0.00
$1,980.4003/01/2010 Utility Fee03/01120 I0 Assessment-
Monthly
EST UTILITY SRVCFEEASSESSMENTS-MONTHLY
$20.83$111.78
$11.31
561.24$2,001.23
$1,853.6202/23/20 I0 Late Charge LATE CHARGE $15.00 $15.00 $1,868.62
$1,832.7902/01/2010 Utility Fee
02/01120 I0 Assessment-Monthly
EST UTILITY SRVC FEEASSESSMENTS-MONTHLY
$20.83$111.78
$20.83$111.78
$1,721.0101/01/2010 Assessment-Monthly
01/01/2010 Utility Fee01/01/2010 Utility Fee01/01/20 I0 Assessment-
Monthly12/21/2009 Late Charge12/0112009 Utility Fee12/01/2009 Assessment-
Monthly
1112012009 Late Charge11101/2009 Utility Fee11/01/2009 Assessment-
Monthly1012312009 Late Charge1010112009 Utility Fee10/01/2009 Assessment -
Monthly0912112009 Late Charge09/01/2009 Utility Fee09/01/2009 Assessment-
Monthly08/24/2009 Late Charge08/01/2009 Utility Fee08/0112009 Assessment-
Monthly0712112009 Late Charge07/01/2009 Utility Fee07/01/2009 Assessment-
Monthly
Charge Increase
Est Utility Srvc FeeEST UTILITY SRVC FEEASSESSMENTS-MONTHLY
LATE CHARGEEST UTILITY SRVC FEE
.~ _ .•_...... h'. _
ASSESSMEN'lfS.:MONTHty.-.~..•. -.-. ,.._._ ..•......•...... _-..- ..•.._ ...__. -.\ '.;j LE"~'j' r-:
$5.32
S2.89$17.94$106.46
$15.00$17.94$106.46
$15.00$17.94$106.46
S]5.00$17.94$106.46
$15.00$17.94$ 106.46
$15.00$17.94$106.46
$15.00$17.94$106.46
$5.32
$2.89$17.94$106.46
$15.00
$17.94$106.46
$15.00$17.94$106.46
$15.00$17.94$106.46
$15.00S17.94$106.46
$15.00$17.94$106.46
$15.00$17.94$106.46
$1,715.69$1,712.80
~r:588.40$.J~573.40~H,555.46•.•.-J
;1,449.00"$1,434.00
(.~.l,416.06
$1,309.60$1,294.60$1,276.66
$1,170.20$1,155.20$1,137.26
$1,030.80SI,015.80$997.86
$891.40$876.40$858.46
EST UTILITY SRVC FEEASSESSMENTS-MONTHLY
LATE CHARGEEST UTILITY SRVC FEEASSESSMENTS-MONTHL Y
LATE CHARGEEST UTILITY SRVC FEE
ASSESSMENTS-MONTHLY
LATE CHARGEEST UTILITY SRVC FEEASSESSMENTS-MONTHL Y
LATE CHARGEEST UTILITY SRVC FEEASSESSMENTS-MONTHLY
'1':'\':"";1".\">,' I'" 1, ,08119/2008 Rebill Fee REB ILLf.'EE~:£'!:::'.:· ,~,'.7,,;•• _.', ''''"' ~- ". ,- ,,'
$20.00 SO,OO ($15,00)
08/19/2008 =Payment PAYMENT (SI19.33) SO,OO ($35.00)08119/2008 Rebill Credit CHGD IN ERROR ($35.00) SO.OO $84.33
08/01/2008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
08/0112008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0.00 $101.39Monthly
07/0912008 -Payrnent Lckbx Pmt ($119.33) SO.OO $0.00
07/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0;00 $119.33
07/0112008 Assessment- ASSESSMENTS·MONTHL Y $101.39 $0.00 $101.39Monthly
06/0412008 -Payrnent Lckbx Pmt ($119.33) $0.00 $0.00
06/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
06/01/2008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00 $101.39Monthly
05/0212008 -Payrnent Lckbx Pmt ($119.33) SO.OO $0.0005/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.3305101/2008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0.00 $101.39
Monthly04/02/2008 -Payrnent Lckbx Pmt ($119.33) $0,00 $0.00
04/01/2008 Utility Fee EST UTILITY SRVC FEE $17.94 $0,00 $119.33
04/01/2008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00 $101.39Monthly
03/04/2008 -Payment Lckbx Pmt :1,::':.., . -"'-". -- .. --.... ~~,~ .-- (SI19.33) $0.00 $0.00rr,~rr'{; ~-.-~-,,,..r
03/0112008 Utility Fee EST UTILITY SRYC FEE ---. ... ~,. '~ $17.94 $0.00 $119.3303/01/2008 Assessment- ASSESS:MENTS~MONTHL Y $101.39 SO.OO Sl01.39
Monthly ;::..,\02/0612008 -Payment Lckbx Pm! ($117.79) $0.00
.....$0.00-
02/0112008 Utility Fee EST UTILITY SRVC FEE $17,94 $0.00 ):~~$1 17.7902/0112008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00
.....$99.85r-,
Monthly -~,.~01/1612008 Utility Fee JANUARY EST UTILITY $17.94 $0.00 . ($1.54)01116/2008 Assessment- JANUARY ASSESS $101.39 SO.OO ~ {$19.48)
Monthly •.......01/16/2008 Beginning WORKING eAPIT AL $241.74 $0.00 0($120.87)
Balance c.01/16/2008 Reserve RESERVE CONTRIB $450.00 $0.00 ($362.61 )
Contribution01116/2008 -Payment ESC WCIRC/JAN ($812,61) $0.00 ($812.61)
-.-~-r- :t"!;"', '- .• _.•~~"';,-'.-::::~ "I"
'~ •.•• ..;~~:':-'. 4"_""~""",""' -....._. ~,. .",;-rrv 3f~~V{ !-'" ': '
.,,~+,:;;\. " i
03/0112010 Assessment- ASSESSMENTS-MONTHLY $111.78 $111.78 $1,980.40Monthly
02/23/2010 Late Charge LATE CHARGE $15.00 $15.00 $1,868.6202/0112010 Utility Fee EST UTILITY SRVC FEE $20.83 $20.83 $1,853.62
02/0112010 Assessment- ASSESSMENTS-MONTHLY $111.78 $111.78 $1,832.79Monthly
01/01/2010 Assessment- Charge Increase $5.32 $5.32 $1,72l.01Monthly
01/01/2010 Utility Fee Est Utility Srvc Fee $2.89 $2.89 $1,715.69
0110112010 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,712.800110112010 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,694.86
Monthly ,12/2112009 Late Charge LATE CHAR(HL"", ... :-~_V',.,__ .,..~.,..,_..•.•.•:••. $15.00 $15.00 $1,588.4012/0112009 Utility Fee EST UTILITY.~'§.i~"1Cr:.~:~:i,. , $17.94 $17.94 $1,573.40
,- ..
12/0112009 Assessment- ASSESSMENTS:MONTHL Y $106.46 $106.46 $1,555.46Monthly
11120/2009 Late Charge LATE CHARGE $15.00 $15.00 $1,449.001110112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,434.00
11101/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,416.06Monthly
10/2312009 Late Charge LATE CHARGE $15.00 $15.00 $1,309.6010/0112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,294.60
10/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,276.66Monthly
09/21/2009 Late Charge LATE CHARGE $15.00 $15.00 $1,170.20
09/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,155.20
09/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 ;-$.,t,137.26Monthly c:: ._._. ~.
08/24/2009 Late Charge LATE CHARGE $15.00 $15.00 ,,§))B:O.80
08/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 lfl9.!5.8008/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 1'<19.17.86
Monthly -'-" f'" "07/2112009 Late Charge LATE CHARGE $15.00 $15.00 : $'891.40
07/0112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 . ~876.4007/0l/2009 Assessment- ASSESSMENTS-MONTHLY.,. .. , $106.46 $106.46 "$85846
Monthly '...J I' (/':. .:': ,..•., c;:' ,.' -:..•."- ."':- : .: ,~:.' ,~. "'. ,~"",:t!. c.:
06118/2009 Late Charge LATE CH~R;g13};;t-S' ~);i:;~__.~,:,_,=__ '"-<~,.'. . $15.00 $15.00 ~652.0006/0112009 Utility Fee EST UTILITY S'R\iC FEE' . $17.94 $17,94 $737.0006/0112009 Assessment- ASSESSMENTS-MONTHL Y $106.46 $106.46 $719.06
Monthly05119/2009 Late Charge LATE CHARGE $15.00 $15.00 $612.6005/0112009 Utility Fee EST UTILITYSRVC FEE $17.94 $17.94 $597.6005101/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $579.66
Monthly04120/2009 Late Charge LATE CHARGE $15.00 $15.00 $473.2004/0112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $458.2004/0112009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $440.26
Monthly03/23/2009 Cert Lien Ltr Cert Lien Ltr $35.00 $35.00 $333.8003/23/2009 Late Charge LATE CHARGE $15.00 $15,00 $298.8003/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 5283.8003/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $265.86
Monthly
, , ....•
04/01/2008 Assessment- ASSESSMENt'S;~MONmt:y'.' $101.39 $0.00 $101.39Monthly :,
03/04/2008 -Payment Lckbx Pmt (SI19.33) $0.00 $0,00
03/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.3303/01/2008 Assessment- ASSESSMENTS-MONTHLY SI01.39 SO.OO SI01.39
Monthly02/0612008 -Payrnent Lckbx Pmt ($117.79) $0.00 $0.00
02/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0,00 $117,7902/0112008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0,00 $99.85
Monthly01/0912008 -Payment ESC WCIRCIJAN (S812.61) $0.00 ($1.54)
01109/2008 Assessment- JANUARY ASSESS $101.39 $0.00 $811.07Monthly
0]/09/2008 Beginning WORKING eAPIT AL S241.74 $0.00 $709.68Balance
01/09/2008 Reserve RESER VE CONTRIB $450.00 $0.00 $467.94Contribution
01/0912008 Utility Fee JANUARY ESTlITILITY $17.94 $0.00 S17.94
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