No. 2127 October Term, 1979, Appeal from Order of the Court of Common Pleas of Carbon County, Civil Division, No. 150 June Term, 1978.
William H. Robinson, Jr., Stroudsburg, for appellant.
Michael L. Ozalas, Jim Thorpe, for appellees.
Hester, Cavanaugh and Van der Voort, JJ.
[ 283 Pa. Super. Page 546]
Presently before the court is appellant Indian Mountain Lake Civic Association's appeal from the order of the lower court dated September 6, 1979 wherein appellees' Preliminary Objections in the nature of Demurrer to appellant's Amended Complaint were sustained and appellant's Amended Complaint thereby dismissed.
The gravamen of appellees' demurrer is that appellant is not the real party in interest pursuant to Pennsylvania Rules of Civil Procedure 2002(a), which provides that "all actions shall be prosecuted by and in the name of the real party in interest." The lower court agreed with the appellees and thus granted appellees' demurrer and dismissed appellant's Amended Complaint.
[ 283 Pa. Super. Page 547]
Appellant's Amended Complaint in assumpsit alleges that it is a non-profit cooperation organized and existing under the laws of the Commonwealth of Pennsylvania; that the appellees are the owners of Lots 101, 102 and 103 located at Indian Mountain Lakes, Carbon County, Pennsylvania, the appellees deriving their ownership of said lots by deed from the developer of Indian Mountain Lakes, Indian Mountain Lake Development Corporation.
All of the three deeds contain a covenant which runs with the land which requires the payment of annual dues and/or assessments to the association of property owners in order that the common facilities and roads serving the Indian Mountain Lake community may be properly maintained. The covenant contained in said deed provides:
"An Association of property owners is to be formed by or with the approval of the Seller and designated by such name as may be deemed appropriate, and (when formed) the Purchaser covenants and agrees that he, his executors or assigns, shall be subject to the payment of annual dues and assessments in compliance with ...