HomeMy WebLinkAbout97-02059
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, 'COMMONWEALTH OF PENNSYLVANIA
.... COUNTY OF: CUMBERLAND
"".0 DIll NlJ
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
09-2-01
PLAINTIFF: NAM, ."" '00""55
~OUSING AUTH. OF CUMBERLAND CO
156A WEST PENN STREET
CARLISLE, PA 17013
L
.,
W N.me: Hon.
PAULA P. CORREAL
Add'.... EAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
T.,.,,,,,,,,. r717) 240-6564 17013-0000
-.I
SMITH CHRIS
1362 GRANnVIEW CT
CARLISLE, PA 17013
DEFENDAI'lT:
'lA~E and ADDJU:SS
!CHRIS, SMITH
1362 GRANDVIEW CT
CARLISLE, PA 17013
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DocketNo.: LT-0000158-97
Date Flied: 3/26/97
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
~ Judgment was entered for: (Name) HOUS ING AUTH. OF CUMBERLAND CO
o Judgmentwas entered against CHRIS, SMITH
l.XJ Landlordrrenant action in the amount of $ 2 50.50 011 4/10 /97
O The amount of rent per month, as established by the District Justice, is $
Damages will be assessed on: (Date & Time)
The total amount of the Security Deposit is $ . 00.
ina
. (Date of Judgment)
7.......QJL.
Henl in Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
TOlal Amount Established by OJ Less Security Depos;. Applied = Adjudicated Amount
$ 121.00 -$ .00= S 12L.llll.
$ ....Jlil - $ ---..Qjl = $ . O.Q
$ .00 $ .00 = $ 00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided b,' lease) S . 00
LIT Judgment Amount $ 121 00
Judgment Co~t!' $ 6 q lj 0
AnornllY Fees' $ 60.00
Total Judgment $ 250. SO
O Altnchmenl Prohibited/
Vic:im of Abuse (Act 5, 1996)
:::-J This case dismissed without prejudice.
QO Possession granted.
o Possession granted if money judgment is not satisfied by time of eviction.
o Possession not granled.
CJ Levy is stayed for _ days or 0 generally stayed.
o Objection to Levy has been filed and hearing will be held:
i Date: .,. Place:
TiillS:
91
I
I
AtlY PARTY HAS THE IlIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEA.E AND AfFECTING THE DEUVERY OF POSSESSION
c'~ R~ALPROPERTYWITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NonCE OF APPEAL WITH THE
PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEDEAS, YOU
MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE
APPEAL IS FILED.
IFYOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, YOU HAVE 30 DAYS
AFTER THE DATE OF "NTRY OF J HICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF
THE COURT OF COMMON PL , CIVIL DIVISIO . /
YOU "UST INCLUDE A COP OF THIS NOT F 0 EN
4- I 9-97 Date
I certify that this is a true an
4-10-97 Date
Mv commission exnirAs first
, District Justice
ng the judgment.
, Districl Jusi1ce
.........
COMMONWIALTH O' 'INNSYLYANIA
CQUIT O' COMMON 'LIAS
NOTICE OF APPEAL
fROM
JUDICIAL DIUIICT
DISTRICT JUSTICE JUDGMENT
COMMON PUloS No. 97-2059 Civil Tenn
NOTICE OF APPEAL
Notice i. giwn thal the appellant ha. filod in the above Court of Convnon Plea. an appeal from the judgment rendered by the Di.trict Justice on the
date and In the case .....,lIou.d beta.<
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LT 19
This block win be signed ONLY when )hi. ""Ia.tion i. required under Po.
1000&
This Notice of Appeal.- when 'recei",d by tl10 'Oil"iet Jultie., will operot. a. a
SUPERSEDEAS 10 the iUdgment lor po.....sion in this :="Ie.
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f appellant 1\ CLAIMANT (soo Pa. R.C.P.J.P. No.
1001 (6) In action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL,
,
'. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
"
(ThIs section oJ Irxm to be "USed ONLY when appel/ant was DEFENDANT I see Pa. R.C.P.J.P. No. 100 1 f 7) in action belore District Justice.
IF NOT USED, delach lrom l:qly ~I '1otico oJ appeal to be served upon appellee}.
PRAECIPEl To Prothonotary .,' !. .
,e'.~~~'~..'l~. Sm."\H
..: ; ,,". '.' -., of appolloo/.,
Enlef rule upon
. appeIlee(l), to fiI. a complaint in thi. appeal
) within t__ty (20) day. after ,",vic~f rule 01' J;;.Uffer try of judgment of non pro~
/l~, ~ __ _ --::,
.-- C~ of __ or /vs lIItlmoy or agent
RULEl To (' \.\0':: ~ (\ <...,...." ".:-\\A . appollee(.).
Nl;;; 01 ~'I
(Common Pleas No.
97-?nc\Q I"'hri1 ~Tm
(1) You are notified that a rule is hereby entered upon you Ia file a c~int in this appeal within t__ty (20) day. after the date of
service of this rule upon you by personal service 01' by certified 01' regi.tered "",,1
(2) If you da not. file a complaint within too time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule ih...vico was by mail i. the dale of mailing.
Date: April 21. . 19.ill.
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.
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ICPC 312~
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(ThIS proal olsor.ico MUST BE FILED WITHIN TEN (10) DA YS AFTER I1IIng rho "OI,CO olappoal. Chock appllcablo box os)
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF Cl)../)'"\(Ct(:~
;..
AFFIDAVIT: I heraby swaar or alllrm that Isorved
B' a copy ollho NOlice JI Appeal. Common Pleas No:1'7 - OQ.O-5"1 . upon th.> District Justice deslgnaledthoroln on
(dolo 01 sor.ico) "_-l~ J- .199:1..... 0 bY)ll'lsonal sorvica (;!"hy (cortllled) (roglslorod) mall. sondor's
recolpt atlached herolo. and upon the appellee. (namo)_I.,j~~ f.\. ~~ . on
r1/~ EJ ,. . 19 '1 i f1 by porsonal sOlVlce my (cerlifled) (reglslered) mail. sender's receipl allached heroto.
W/and lurther Ihat I servod IheRule 10 F,le a Complainl accompanymg Iho above NOllce 0' Appeal upon the appollea/5) to whom
the Rule was oddressed on otI-~ /'- . 19!).:L. 0 by personal service!2rby (cerlif/ed) (registered)
mail. sender's rece/platlached hereto
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(:iJ. ~ Signalur. 01 all,an/
My commi"lon expire. on 7f C;)~
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NOT AAlAL SEAL
TERESA E. BLOSSER. NOlIlry Pabl'
. CalIls!e Boro CU-...."- ,.
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C__,AUH 0' 'INN SYLVANIA
COUIT 0' COMMON 'UAS
flmwd.(cL' NOTICE OF APPEAL
fROM
. , '.,. JUDICIAL OIIlIICY
...' ,.,.
DISTRICT JUSTICE JUDGMENT
COMMONPLlASH.. 91 - .:Jnt:C} l?,,>!'1 '-r;;;zn}
NOTICE OF APPEAL
Notic. I. giwn that tho appoIlant has filed in the above COlKt of Common Plea. on appeal from the judgment render.d by the Di.trict Ju.tic. on the
dole and In tho coso mentlaned below
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~ ot AT I'CY 01 AGlNT
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CV 19.
LT 19 c;naO 1:5fr. 9 '7
ThIs bIodc Wll be signed ONLY ~ this notation i. required under Po. R.cP.J.P.
10088.
ThIs Notice 01 AppooI, when receiwd by the Di.trict Ju.tic.. will oporot. a. 0
SUPERSEDEAS ta tno judgment lor po.."..lan In this co...
If /lant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) Inaction before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days af/er
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fotm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P .J.P. No. tOO' (7) In action belore District Justice.
IF NOT USED. detach Irom copy 01 notice 01 appeal to be served upon oppelleo).
PRAECIPE. To Prothonotary
Enter rule upon \-\{...)I .<.,i l\.>~ .\* .X u. ,,~ r. ,,..,? (r.. 1-;,...... . oppe/lee(.), to file 0 complaint in this oppooI
,- \ Ncrno 01 t.Q>OlJOo(s} ~
(Common PIoas No. 97-~.0J:9 O~i 1'7f~within twenty (20) day. olter' .....vic" 0 rule or .uffer entry 01 judgment of non pros.
TOt/,.......:::.J J.:m ,..f- C,,,,p, {~.....A~~.appoIIee(.~
. '_01_./ _
~ Of "" artomey Of__
.".
(1) You ore notified that a rule is hereby entered upon you to file a con-plaint in this appool within twenty (20) day. alt... the date of
service 01 this rule upon you by personal .ervic" or by cortified or registered "",,1
~ .' j i ,
(2).1f ~ 'dO not file a ~int. within this time. a JUDGMENT OF NON PROS W1U BE ENTERED AGAINST YOU.
(3) The date 01 service of this rule ff. service was by mail i. tho date of mailing.
~+,i :;;'''9;1- . '-- .<~.LP ~'"~._
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...................."......
IO'C 312-M
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This p,ool 01 so,vicG MUST BE FILED WITHIN TEN (10) DA YS AFTER 11111I9 1/10 no"co 01 <1ppoal. Chock apP',cablo box os)
COMMONWEALTH OF PENNSYLVANIA
C~e~J
COUNTY OF
;n
AFFIDAVIT: I horeby swea, or BlIl,m that I se,ved
~py 01 the Notice ~~I. Common ~7NO 97- O.,(G?,:;, '!upon Ihe Dislrlct JuSlice deslgnaled therein on
(data 01 s.,vico) - S. 19 , 0 by PIJI.'D~'1 SO!\(!CO 19"1 (C~rtlfle~ered) mail. sender's
rece I otlBched herelo. \l'1[t_upon the oppellee. (namo)_c"../ ,e..~--L$I (~~, ,on
.. - . 19ZZJJ by porsonal sCfV'ice-Ell3, (Gcrtifiedj (registered) mail. sender's receipt attached hereto.
rn-:iiid lurU,", Ihatl se'ved Ihe Rule to File a Complalnl accompanYi9~ above Notice 01 Appeal upon the oppellec(li) to whom
Ihe Rule was oddressed on ~O?~-, 19 0 by personal service g ~~. (-"'II lied) (reglslered)
moi I. sendor's receipt oUached herelo.
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Signatufo 01 affiant
My commission oxpiros on
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'. . NOT APlAL SEAL
TE~I!$ e. 6LOSSEA. N018ry Public
.. C,~i$ts .Bora. Cumberland Couoty
l()' "'. Co~lwon Ex Ires A 0125.1998
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HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. 97-2059 CIVIL TERM
v
CHRIS SMITH,
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, Housing Authority of Cumberland
County, who avers as follows:
1
The Plaintiff is the Housing Authority of Cumberland County, with
principal offices located at 114 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania.
2
The Defendant is Chris Smith, an adult individual, currently
residing at 1362 Grandview Court, Carlisle, Cumberland County,
Pennsylvania.
3
The Plaintiff is the owner of the real property located at 1362
Grandview Court,
Carlisle, Cumberland County,
Pennsylvania
(hereinafter "the Premises") .
4
The Defendant commenced occupancy of the premises pursuant to a
Lease Agreement dated May 29, 1991. A copy of said Lease Agreement
is attached hereto and marked as Exhibit A and is incorporated
herein by reference.
5
Paragraph 2(A) of the Lease Agreement provides that a charge of $25
would be incurred by Defendant for any rent not paid by the fifth
working day of the month.
6
Paragraph 6(S) of the Lease Agreement provides that the Defendant
would pay any and all necessary legal fees expended by Plaintiff
for enforcement of the provisions of the Lease Agreement.
7
Effective November 1, 1996, Defendant's occupancy of the premises
was on a month-to-month lease in that a Lease Addendum to the
Agreement extending the term of the Lease for a period for one year
from November 1, 1995, to October 31, 1996, had expired.
8
There is due and owing rent for the months of February, March,
April, and May at $7 per month, for a total of $28.
9
The Defendant was late in the payment of rent for the months of
January, February, March, and April, and thereby incurred late fees
totaling $100.
10
The Plaintiff has incurred legal fees of $150 to enforce the
provisions of the term of the Lease and continues to incur legal
fees.
11
The Defendant has breached the Lease Agreement, as follows:
A. Failed to pay rent when due, in violation of paragraph
2(A) of the Lease Agreement.
12
The Plaintiff has complied with all of its obligations under the
Lease Agreement.
13
Notice to remove was given to the Defendant in accordance with law.
14
The term for which the property was leased or rented is fully
ended.
15
Rent and other charges reserved and due has, upon demand, remained
unsatisfied.
WHEREFORE, the Plaintiff requests this Honorable Court to enter
judgment in favor of the Plaintiff and against the Defendant for
$278, possession of the premises, and any additional attorney's
fees incurred by Plaintiff in enforcing the terms and provisions of
the term of the Lease, plus costs.
Christopher C. Houston, Esquire
Attorney for Plaintiff
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
~ESIDENTIAL DWELLING LEASE
NO.
PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE
READ IN DETAIL PRIOR TO SIGNING. THIS LEASE AGREEMENT
ALSO PROVIDES FOR CERTAIN WAIVERS WHICH ARE SPECIFIED
HEREIN IN MORE DETAIL. IN SIGNING THIS LEASE AGREEMENT.
YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND
ANY AND ALL PROVISIONS HEREIN.
fJ. )l,{~
THIS AGREEMENT made this ~ day of / .
by and bct\Jeen THE HOUSING AUTHORITY OF TIlE COU~ Of CUMB RL~N
(,p-ereinlLer referred to as "MANAGEMENT") and /11.111, 0/. .
-?5171', (hereinafter referred to as "TENAN "); ManDgemcnt
relyIng on tho representatIons made to it by Tenant as to Tenant's
household composition and the employment and Income levels of T~nant
and all members of Tenant's household; and in consideration of tho
rentals herein reserved;
19~/
WITNESSETH: That ManDgement does herebi leaae to Tenant ftnd
Tunant doea hereby hire from Management. upon ~ll Terms and Conditions
ant forth herein, for the sole use hnd occupancy of Tenant Dnd memhers
of Tnnant's hOUG~hold named herein. the prnmiaes kno\Jn and descrlbod
dS follo\Js (hereinafter referred to as "PREMISES")
D.U. Nil.: (Jllc9~ 015-0D3
NO. OF BEDROOMS
.31t1.
PROJECT
ADDRESS I 3((,2- 0,C9.-?1c! urGt-J C(:rt-v),f
CITY_c..~o.-J . STATE ~/vl1tL-
MEMBERS OF TENANT'S HOUSEHOLD
\~f(\\~-r-~ l ()
~dl
HAVING RIGHT OF
f) odu-<L/ ,
OCCUPANCY:
~'-~ cf- r!A//..Z'~!/
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TERMS AND CONDITIONS
1. Term of LeD"e: Rene\Jal Provisions. this lep and Tenant'~.
right of occupdncy herounder, shall commence .)5 of 4tL I .'
19.:t/.,nd shall continue for one year, provided. hO\J er. th,1t in the
absence of a notice to terminate pursuant to Section 11 herein. thia
Lease \Jill automatically be rene\Jed for the auccessive term of one (I)
caiendar month upon payment oach month by the Tenant of the rental in
the amount and manner specified in Section 2 herein or in such amount
and manner as may be required by an adjustment that may henceforth be
mad" by endorsement at the end of this Leaa~ in accordance \Jith th~
provisions af Section 3 herein.
EXHIBIT
! It
-2-
2. PJymontsDue Under the LOJse
A. Rent for the ~oriod beginning ~Ct"lJ...llf?/lInd ending
at micrright nI,,~ -=:1. 19f.;;< shall be $ It:;() . payable not lator
than Jfl....,\.f;.. I 1"7~ / . Thereafter. monthly rent in that amount
of $ I~() shall be duo on or boforo the first day of each
month. The payment of the full amount of the monthly rent and other
chargos whon duo is deemed to be a materiai torm of this Lease for
which repeated violations shali be considered good CaUse for
MJnagement to terminate or refuso to renew this Lease. A service
chllrge of $25 would bo chllrged for all rent not paid by the fifth
working day of the month. Any olection by Management to terminJte or
refuse to renew this Lellse for serious or repeated flliluros of tenllnt
to make full and timely payments. shall be in lIddition to any IJte
charges imposed under the terms of this Lease.
B. Utilities: Management Jgrees to furnish cold running
water. No charge shall be imposed for providing this utility.
Managemont shall not be responsible for faiiuro to furnish thi~
utility hy reason of any clluse beyond its control. All utility
s~rvicos not expressly listed herein liS to be furnished by Management
,;I'lI11 he furnished. by and lit the expense of tonant.
C. Mana'Jement shJll furnish RJnge dnd Refrlge"Jt.ion
appliances and shall provide routine Maintenance ServiceE. therefore.
D. A schedule of Charges to Tonllnts for maintenance and
repair beyond normal uellr and tear shall be posted in the Management
office. Chllrges shall be due and payable the first day of the'second
month following the month in whIch the charge is incurred.
E. Security Deposit: Tenant agrees to pay to Management a
Security Deposit not to exceed one month's rent or $50.00 whichever is
more. The security deposit is to be used by Management at the
Tnrmination of this lease toward reimbursement of the cost of
repairing lIny intentional or negiigent damages to tho duelling unit
caused by Tenllnt, his .family. or dependents, and any rent or other
charges owed by Tenllnt. Payment of the security deposit is to b~ made
upon occupancy. MlInagement agrees to deposit such security deposit in
an interest-bearing account, crediting such interest as may accrue to
Tenant's security deposit. Management lIgrees to return the security
deposit. with such accrued interest as may have been earned. to Tenant
when he vacntes. less any deductions for any of the cost indicated
above. If such deductions ar~ made. Management wili glve Tenant a
url tten stlltement of .lny such costs fo,' dl.mages and\Clr other charge,;
to be deducted from the securlty deposit. The security deposit may
not be used to pay rent or other charges uhile Tenant occupie. the
dwelling unit.
Management shall comply uith State law requirement.
concerning use of security deposit funds, their piacement in
interest-bearing escrou bank accounts. accountability to Tenllnt for
intHrest ellrned thereon. and all other obiigations.
A. Tenilnt lIgrees to repo,'t any and all changes ill famtty
composition or income to MlInagement in writing uithin ten (10) days of
-3-
such chango and to furnish accurato information to Managomont annually
at a timo to bo Bet by Management as to family income, employment and
family compoeition. Thie information Bhatt be for the use of
Management in detormining ~hethor tho rental should be changed,
~hother the d~elling size ie still appropriato for Tenant's needs and
~hether Tonant ie still eligiblo to occupy low-rent housing. Tenant
horeby authorizes Management to verify all sources of income. Any
redetermination made ae a result of information thus furnished shall
bo made in accordance ~ith the approvod occupancy and Admission
Policy, copiee of ~hich are available in the Management office,
B. Rentais fixed in Section 2 hereof or as adjusted pursuant
to this Sectlon ~ill remain in effect for the period between rent
redetermination unless it shall be sho~n that the Tenant has
misrepresented or failed to report to M/lnllge'ment tht> f/lcts upon which
his rent is based. in ~hich event Management reserves the riqht to
redetermine the rent retroactively /IS of the datt> of such
misrepresentation or failure to report facts. and to hold Tenant
li/lble for any additional rent thus determined to be du~.
C. In the event Ten~nt's rent is redetermined pursuant to
this S.ction, Management shall mail or deliver ~ "Notic~ of rent
Adjustment" to Tenant in accordance with Paragraph 10 hereof. In caso
of a rent decrease, the adjustment shall become effective the first
day of the month follo~ing the change in circumstances, provided that
the Tenant has timely reported such change, In the case of a rent
increase, the adjustment will become effective the first day of the
second month follo~ing the change, except that such rent increase may
be retroactive where there is a fin~ing of misrepresentation in
accord/lnce ~ith subsection B herein.
D, If the Tenant is ineligible for continued occupancy
because of a change in income or family size, the Tenant $hall not be
evicted unless the Housing Authority 1) has identified for possible
rental of the family, a unit of decent, safe, and sanitary housing at
a suitllbla size available at a rent not exceeding 30' of adjusted
income or 2) is required to do so by local law.
If no unit of appropriate size exists. or becomes
Ilvall/lblo in the Developmt>nt. the Tenant may be required to vacate the
premis'!s within twelve (\2) months after the f.,mily size no longer
conforms to said occupancy limits. However, at the end of said 12
month period. if the Tenant is unable due to special circumstances. to
find decent. safe and sanitary housing within the family's financidl
means and of the appropriate unit size after making every reasonable
effort to do so. the Executive Director or his designee. after
investigation may permit the Tenant to continue in occupancy for the
dur/ltion of such situation. If Tenant is permitted to continue in
occupancy. the Tenant. ,"u~t reco'.lnize that tho f.lmlly has .l continllil1'l
responsibility to work with Management to obtain appropriate housing
on the private markot ~ithin Tenant's financial means.
-4-
4. Occupancy. Tenant shall have the exclusive right to use
and occupancy of the leased premises. Guests or visitors of tenant
may be accommodated for a period of no morQ than three (3) days in any
one month; not to succeed fourteen (14) days in a one year period. In
the event tenant wishes to accommodate guests or visitors for a period
in excess of the iimitations above, or to care for foster children, or
to provide live-in care of a member of the tenant's family, tenant
must notify Management in writing, stating the reasons for such
extended accommodations and obtain Management's approval of such
arrangements. Management's decision shall be final.
s. Obligations of Management. Managoment ~hall have tho
following obligations undor this lease Agreement:
a. To maintain the premises and the project in decent. safe
and sanitary condition; .
b. To comply with requirement of applicable buiiding codes,
housing codes. and HUO regulations materiaily affacting
he~lth and safety;
c. To maka necessary repairs to the premises;
d. To keep project buiidings. facilities and common areas not
otherwise assigned to the Tenant for maintenance and
upkeep. in a clean and safe condition;
e. To maintain in good and safe working order and condition
electrical. plumbing. sanitary. heating. ventiiating, and
other facilities and appliances, supplied or required to
be supplied by Management;
f. To accept rental money without regard to any other charges
owed by the Tenant to Management and to seek separate
iegal remedy for the coilection of any other charges
which may accrue to Management from Tenant.
6. Obligation of Tenant. Tenant shall have the following
obligations under this lease Agreement.
a. Not to assign the lease or sub-lease the premises;
b. Not to provide accommodations for boarders or lodgers.
Boarders or lodgers shall be defined to be any persons
who stay overnight in excess of three (3) days in any
one month or fourteen (14) days in anyone year period.
c. To use the premises solely as a private dwelling for
Tenant and Tenant's household as identified in the lease.
and not to use or permit its use for any other purpose.
d. To abide by necessary and reasonable regulations
promulgated by the Management for the benefit and
well-being of the Housing project and the Tenants, which
Handbook shall be posted in the Management Office and
which are incorporated by reference in this lease:
violation of the provisions and regulations of the Hand-
book constitutes a violation of this Lease.
e. To comply with all obligations imposed upon Tenants by
appllcable provisions of building and housing codes
matarials affectinq health and safety.
-5-
f. To keep the premises and such other areas as may be
assigned to Tenant for Tenant's exclusive use, in a clean
and safe condition. examples include but are not limited
to clearing snow from walks in case of Tenant's occupying
2, 3, and 4 bedroom units. All downstairs tenants must
remove snow and ice from door and main sidewalk except at
handicapped unit. Tenant is also required to keep stove
and refrigerator clean and free from grease.
g. The lessee is requirsd to make arrangsments to havs t.hs gas
and electric companlss directly notify the Cumberland
County Hou~ing Authority in the event. thsse utilLt.lo~
are shut-off bscause of the lessee's failure to pay thes?
bills in a timsly manner. If ssrvices ars shut off du". t.o
to failure to pay monthly bills, tenant will be evicted
immediatsly.
h. To disposs of all ashss, garbag~, rubbish, and other waste
from the premises in a sanit.ary and safe manner. On-~it~
dumpstsrs ars for daily tr~sh only. All large furniture,
appliances, et.c., must be hauled away at. the tenant's
expense.
i. To Uge only in a re~sonable manner ali elect.rical,
plumbing, sanitary, heating, vontilating, and ot.her
facilities and appurtenances.
j. To refrain from, and to c~use Tenant's household and
guests to refraln from destroying, defacing, damaging, or
rsmoving any part of the premises or project;
k. To pay reasonable charges (other than for wear and tear)
for the repair of damages to the premises, project
buildlngs, facilities or common areas caused by Tenant.
Tenant's household or guests in accordance with a ~cheduic
of chargss as posted in the Management Office.
1. To conduct hlmsolf or herself, and cause other persons who
are on the premisss with Tenant's consent to conduct
themselves in a manner which will not. disturb Tenant's
neighbors' peaceful enjoymsnt of their accommod~tions and
will be conducive to maintaining the project in a decent,
safe and sanitary condition;
m. To refrain from criminal activity, including druq-rslatod
criminal activity, on or near Public Housing preml~es.
This prohibition against criminal activit.y eatends to any
member of the Tenants household or other per~on under the
Tenants control.
n. To permit Management. pursuant to the provisions of
Section 9, sntrance to the premises for t.he purpose of
performing periodic inspections. routine maint.enance. for
making improvements or repairs, or to show the premise~
for re-leasing. (see 9a. of this Agreement);
o. To promptly notify Management. of known need for any
repairfi to the leased premises. particularly of conditions
hazardous t.o lifs, health or safety of the occupants: and
to notify Management of known unsafe conditions in the
common areas and grounds of the project which may Lead t.o
damage or injury;
-6-
p, To give Management no~ice in writing when the premises are
to be vacant for two weeks or more; such notice shall not
render Management responsible for any personal property of
any nature or description left in or on the ieased
premiee. during Tenant's absence,
q. To foilow all rules and regulations prescribed by th~
Management, incorporated herein by this reference thereto,
concerning the use and care of the prsmises and of any
common or community space in the development.
r. Not to make any repalrs or alterations without the written
consent of the Management; not to display any signs
whatsoever; not to use tacks, naiis, or screws or other
fasteners in any part inside or outside the premises. or
to affix, attach, or in any manner erect. construct or
install poles. pipes, rods. or wires to any part inside or
outside of the premises, including but not limited to the
use of tacks, nails or other fasteners or cement for the
layin~ of: carpet. rugs or llnoleum on the floor of
Tenant's d~elllng unit, except in the manner pre~cribed by
the Managemont.
s. To pay all necessary legal fees expended by mnndqem."t for
enforcement of the provisions of this ie~se agreem.nr..
7. Defects Hazardous to Life, Health or Safety.
In the evsnt that the premises are damaged to the extent that
conditions are created which are hazardous to life, health or safety
of the occupants:
a. Tenant shail immediately notify Management of the damaqe;
b. Management shall be responsible for repair of the unit'
within a reasonable time: provided. that if the damage was
caused by Tenant, Tenant's househoLd or guests, the
reasonable cost of the repairs shall be charged to Tenant;
c. Management shail offer standard alternative accommodatLons
if available. in circumstances where necessary r~pairs
cannot be made within a reasonable time;
d. In the event repairs are not made in accordance with
subsection (bl of this section, or alternative
accommodations are not provided in accordance with
subsection (cl of this section, rent shall be ~bated in
proportion to the seriousness of the damage and loss In
vaLue of the premises as a dweiling, e~cepting that no
abatement of rent shall occur if Tenant rejects the
alternative accommodation or if the damage was caused by
Tenant. Tenant's household or guests.
-7-
B. Pre-Occupancy and Pre-Termination Inspections
a. "anagement and Tenant or Tenant's representative shall
inspect the premises prior to commencement of occupancy by
Tenant. "anagement shali furnish Tenant with a written
etatement of the condition of the premises, the dwelling
unit and the equipment provided with the unit. The
statement shall be signed by "anagement in the Tenant's
folder.
b. At the time Tenant vacates, Management shall inspect the
unit and shall furnish Tenant with a statement of any
charges to be made in accordance with subsection 6 (J).
"ana~ement shall notify Tenant of the inspection. and
Tenant and/or Tenant's represent~tive may join in such
inspection unless Tenant vacates the premises without
prLor notice of M~nagement.
9. Entry of Premises Ouring Tenancy
a. Management shall, upon reasonable advance notlric~tion to
Tenant. be permitted to enter t.he dwelling unit during
reasonable hours for the purpose of performing routine
inspections and maintenance, (Including extermin~t.ion
service) for making improvements or repairs, or t.o show
the premises for re-leasing. A written statement
specifying the purpose of Management entry delivered to
the premises at least two days before such entry shall be
considered reasonable advance notification.
b. "anagement may enter the premises at any time without
advance notification where there Ls reasonable cause to
believe that an emergency exists;
c. In the event that the Tenant and all adult members of
Tenant's household are absent. from the premises at the
time of entry, Management shall leave on the premises a
written statement specifying the date, time and purpose of
entry prior to leaving the premises.
10. Procedures for Giving Notice
a. Except as provided in Section 9. notice to Tenant shall be
Ln writing and delivered to Tenant or to an adult member
of Tenant's household residing Ln the dwelling or sent by
prepaid first-class mail. properly addressed to Tenant:
b. Notice to Management shall be In writing. delivered to the
Project OffLce or Management Contra I Office or sent by
prepaid first-class mail. properly addressed.
11. Procedures for Termination of Lease
a. Management shall not terminate or refuse to renew this
Lease other than for serious or repe~ted violat.lon of
material terms of the lease such as fallure to make
payments due undor the Lease or to fulfill the Tenant.
obligations set forth in Section 6 herein. or for other
good cause.
-8-
b. Management shall give a written notice of intention to
terminate the lease to tenant which shall state the reason
for termination. shall inform Tenant of Tenant's right to
make such reply as Tenant may wish and of Tenant's right
to request a hearing with the Executive director within
ten days of receiving original termination notice.
c. Prior to proceeding with an action in ejectment. or upon
failure of tenant to request a hearing with the Executive
Director as set forth in Paragraph (b), then Management
shall give written notice of termination of the lease of:
Fifteen (15) days notice for any breach of any provision
of the lease ngreement.
d. If a Tenant is late in paying the rent four times in a one
year period. the Housing Authority may not renew a iease
wi th Tenan t.
12. Grievance Procedure
nll disputes concerning the obligations of the tenant or
Management under this lease, except for proceedings pursuant to an
action in ejectment. shail be processed and resolved pursuant to
the Grievance Procedure of Management in effect at the time such
grievances or appeal arises. which procedures are to b9 posted in t~e
Management Office and are incorporated herein by reference.
13. Waiver
8y failure to exercise any available right or remedy as is
provided herein. neither Management nor Tenant shail waive the right
to do so at a later date for similar or other causes.
14. Modifications
Any modification of this iease shall be accomplished by a
written rider to the lease executed by Management and Tenant, except
for rent redeterminations. which are to be accomplished by the
procedures in Section 3 herein and schedules of special charges for
servlces, repairs and utilities and rules and regulation which are
incorporated in the lease by reference. which are to be publicly
posted in a consplcuous manner in the Project Office and shall be
furnished to Tenant on request. If such schedules. rules and
regulations shali be modified. the Management shail give at ie~.t a
30-day written notice to each affected Tenant setting forth the
proposed modification. the reasons therefore and provide the Tenant an
opportunity to present written comments which shail be considered by
Management prior to the effective date of the propo~ed modifications.
-10-
HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND
MANAGEMENT REGULATIONS
In accordance uith Paragraph 6 of the duelling lease, the following
Management regulations shall apply:
1. Management shall retain the responsibility for care and upkeep of
launs, snou removal, and those maintenance Items in areas that
are considered public or common space.
2. Nothing whatsoever sh~ll be throun from the windows or balconiel
or swept or thrown out of the doors of any dwellings.
3. T3nants shall not make any alterations or repairs to the pr9mises
or to the equipment therein, and shall' not install any additional
lo~ks or fixtur~s without having obtained the prior consent of
Man~gcment in writing. In addition, all electrical wiring chall
be done or suporvised by Man~gement.
4. Tenanto shall not permit their children or visiting children to
play on stairways, or community areas not pr~vided for such
purposes,
s. Sidewalks, stairways. shall not be obstructed, nor used for any
purpose other than to exit from or enter dwellings.
6. Tenants shall report immediately to the Management office and to
the appropriate health authorities any ~ase of infections or
contagious disaases occurring in the premises.
7. T3n~nts shall not carryon any business or display signs of any
type in or about the premises,
a. Tenants shall not keep animals on the premises. Exception would
be a seeing eye dog for a blind tenant.
9. Tenants shall not keep or use flammable materials in the premises
or storage rocms.
10. Ten~nts shall not burn trash or start fires of any ty~e on the
pr~mise~.
11. Management in all c~ses shall retain the right to control and
prevent access into the buildings and grounds of all persens whom
it considers undesirable.
.
,
-11-
12. If at the termination of the lease for any reason, tenants vac~te
the premises ieaving behind and abandoning any personal property
including furniture, clothing or any other personal effects,
Management will dispose of such property. The cost of such
disposition shall be charged to the tenant. This action shall
apply only in those cases where prompt disposition of abandoned
.property is required in order to rent a vacated unit and is ~ot
to be utilized as a distraint for rent or other charges.
13. Management shall not be responsible for articles left with any of
its employees.
1~. Any automobile or other vehicle owned by or used by a tenant or
membor of his family shaii be p~rked only in parking ar~as
designated by Management. Abandoned cars or other motor
vehicles shall be toved at the owner's ~xpens~ following prop~r
leQal notification. All tenant's cars must have a 'parking
sticker disploY9d en re~r bump9r, and must have v~lid in-.pection.
Pull into parking spaces, do not back in.
15. Ten~nt shall pay ali nocessary legal foos exp~nded by m~n~gemont
for enforcement of the provision~ of this iease agreement.
16. After hour emergenci9S are restricted to; lockouts. gas leaks.
electrical problems or broken water pipes. Call 2~5-0516 and the
answering service will dispatch the c~ll to m~inton~nce on duty.
17. No yard hoses are permitted. Do not wash cars on property. do
not do other people's laundry, the Housing Authority pays the
water and seWfr and this is grounds for eviction.
18. Each year we will buy a fow new storm doors. Thesa doors aro
very expensive, if any damage is caused to your new door, there
will be ~ charge to your account.
19. Effective J~nuary 1, 1989, on the day we check sites, if there is
trash at your door or surrounding your unit, you uill be ch~rged
$5.00 a bag for our staff to pick it up.
20. Quarterly inspections have be3n improving but there are stiil ~
few that don't put forth an extr~ effort to clean th~ir unit.
Th~ first time your unit is inspected it is free. [f someone h~s
to come back ~n,l check it the second time, iOffectlve J~nuar'l .L..
19119. there wilt II ~ $10.00 charce. The thll'd time 'Jill also
result in another $10.00 charge. If after the third time no
attempt has been made at improvement, this is grounds for
eviction. We have housekeeping classes several times a year if
you nead to be added to the list as a refresher course, please
c~ll the office and leave your name.
HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2059 CIVIL TERM
v
CIVIL ACTION - LAW
CHRIS SMITH,
Defendant
CERTIFICATE OF SERVICE
I, Christopher C. Houston, Esquire, do hereby certify that the
Defendant was served by first class mail, postage prepaid, the
Complaint on May 8, 1997, at the following address:
1362 Grandview Court
Carlisle, PA 17013
Christopher C. Houston, Esquire
Attorney for Plaintiff
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
'.
Sworn and sUbscrib~d to
before me this i1i day
of _0Ut11L , 1997.
/)Ju1,..'
--
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C............ -c:-.tr.PA
"'("1 . -~n~IIerc:ta''''''
HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2059 CIVIL TERM
v
CHRIS SMITH,
CIVIL ACTION - LAW
Defendant
TO: Chris Smith
DATE OF NOTICE: June 4, 1997
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
~---
C istopHer . Houston, Esquire
Attorney for Plaintiff
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
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HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2059 CIVIL TERM
v
CIVIL ACTION - LAW
CHRIS SMITH,
Defendant
,Q k ORDER OF ~ "
AND NOW, this I' day of ~
consideration of the foregoing Petition, it is
,
1997, upon
hereby ordered that
a Rule is issued upon the Defendant to show cause why the
Petitioner i~ot entitled to the relief requested. Rule
returnable ~ days after service. Notice of the entry of this
Order shall be provided by Petitioner to the Defendant.
J.
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HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO. 97-2059 CIVIL TERM
v
CIVIL ACTION - LAW
CHRIS SMITH,
Defendant
ORDER OF COURT
AND NOW, this /q-lf- day of ~
consideration of the foregoing Petition, it
,
1997, upon
is hereby ordered that
a Rule is issued upon the Defendant to show cause why the
Petitioner is not entitled to the relief requested. Rule
returnable IS- days after service. Notice of the entry of this
Order shall be provided by Petitioner to the Defendant.
By the Court,
I51' ~t. ~ J.
TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
T~ ....(1.~. da~ of...~...., 19..tf.7.
~.... .,...J1(~?*
Prothonotary
EXHIBIT
I A
HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2059 CIVIL TERM
v
CIVIL ACTION -LAW
CHRIS SMITH,
Defendant
CERTIFICATE OF SERVICE
I, Christopher C. Houston, Esquire, certify that I served the
Petition to Terminate Supersedeas with attached Order of Court by
first class mail, postage prepaid, on June 24, 1997, on the
following:
Chris Smith
1362 Grandview Court
Carlisle, PA 17013
Air
Christopher C. Houston, Esquire
Attorney for Plaintiff
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
DATE:
'1/10/1 'l'
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EXHIBIT
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142406071797
PYS405
Distribution
Cumberland County Prothonotary's Office
Manual Release Check Register
Escrow
Case No Accounting Amount
Tran
Date
Page 1
7717/97
Date
Release
--------------------------------------------------------------------------------
1035 HOUSING AUTHORITY OF CUMB.CO Check Date: 07117/97 Check No.: 1019
RENT 1997- 02059 PYMT/CASH 21.00 4/21/97
RENT 1997- 02059 PYMT/CASH 7.00 4/21/97
RENT 1997- 02059 PYMT/CASH 7.00 5/29/97
Payee total: 35.00
---------------------------------..----------------------------------------------
Grand total:
35.00