HomeMy WebLinkAbout98-06659
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NOTICE OF APPEAL
COMMONWIALT" Of 'INNSYLVANIA
COUlf Of COMMON 'LlAI
JUDICIAL DI"I.CT
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DISTRICT JUSTICE JUDGMENT
.'__ ___,0'_______ COMMON "US No. qp. ~k..5"!j
NOTICE OF APPEAL
C".il'!;a h')
Notic. i. gi_ ,hat the appellant ha. W.d in the above Ca..' of Cornman PIoa. an appeol from the judgment rendered by the o;.trid Mti.. on the
date and In tho ca.. montioned below.
NAMe: Of .4If'lUAN':'
Tamm I,. Boyd
,
Rohert V. ~tHnlove
"An
PA
1. COOl
17025
319 Third
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NO
St... Apt. I
I mHf CA" 01 ".."../
[J:!,C. Smith and Co,
Wl'st Fa i rv iew
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Tammy l" Boyd
A , N
Legal Services, Inc.
8 Irvine Row
Carlisle PA 17013
/I a lIant was CLAIMANT (see Fa, 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 NOTfCE of APPEAL
CV 19. Phi P C,
LT 1998 LT-0000456-98 V/z,L'"
Thl. black win be Ogned ONLY when thi, noto~on i. required uncle< Po. R.CPJP,
10088.
This Notice af Appeal, when received by tho o;,lr~t Ju.t~e, will operote a' a
SUPERSEDEAS fa the j t fOf pa"e,' ~i' ca...
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PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This see/ion 01 loon to be used ONLY when appellant was DEFENDANT (see Pa, HC.P.J,P. No, 1001 (7) in action belore District Justice.
IF NOT USED, detach from copy 01 notice of appeal /0 be served upon appellee},
PRAECIPE. To Prothonotary
W.C, Smith and Co.
Enter rule upan , appell..,(,). ta file a complaint in thi, appeal
f) NJne 01 appellec{sJ
(Common Plea, No. .!]f>- L {,., S9 C';!;r (-~"V within twenty (20) day. aft"'.... ice of rule Of .uff",
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RULE. To
W,C. Smith and Co.
Nwno 01 appellce(SJ
, appell..,!,).
(I) You are notified thai a rule i, hereby ent",ed upon you to file a complaint in this oppeal within twenty (20) day, aft", the date of
service of this rule upon you by personal service or by certified or registered mail
(2) ~ you da not file a complaint within thi. time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU,
(3) The date of service of this rule if service was by mail is the date of mailing. ~
Date:~lf) ;;}<':? ,1921.,~fJ?J. - P
v.?~M_
1DPC31;l.B4
COURT FILE TO BE FILED WITH PROTHONOTARY
----,-_..-~.._._-
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COMMONWEAlltt or PENNS'(L VANIA
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
COUNTY or
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AFFIDAVIT: I tF!frby <:,W",l' ':1 ,1~1!"fI!' !t! :,C~'.l'Z~
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W.C. SMITH AND CO.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
V.
CUMBERLAND COUNTY, PENNSYLVANIA
TAMMY L. BOYD,
Defendant
NO. 98-
CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the defendant in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name:
Tammv Bovd
Address:
319 Third Street. Apt. 1
Enola, PA 17025
Social Security Number:
416-86-3429
(b) If you are presently employed, state
Employer:
Address:
Mechanicsbura, PA 17055
Salary or wages per month:
$0.00* defendant will be
earnina $7.65/hour when she beains her emplovment,
Type of work:
Warehouse laborer
If you are presently unemployed, state
Date of last employment:
11/17/98
Salary or wages per month:
S660.00/month (net)
Type of work:
Restaurant caterino
(c) other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social Security benefits: N/A
Support payments: N/A
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/A
Workman's compensation: N/A
PUblic Assistance: SIlO/mo. food stamps 6/98 to present
other:
N/A
(d) other contributions to household support
(Wife) (Husband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
So
Checking Account:
N/A
Certificates of Deposit:
Real Estate (including home):
N/A
N/A
Motor vehicle: Make
N/A
Year
Cost
Amount owed
stocks; bonds:
N/A
N/A
Other:
(f) Debts and obligations
Mortgage:
Rent:
$100.00/month
Loans:
N/A
Monthly Expenses:Groceries $70.00: electric $70.00:
Teleohone $90.00: Clothinq $55.00: Laundrv $80.00:
Transoortation $180.00: Fines $25.00: Miscellaneous
exoenses $65.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Ashlee Bovd
Age: 10 vears
4. I understand that I have a continuing obligation to inform
the court of improvement in my financial circumstances which would
permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
Date:
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W.C. SMITH AND CO.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 98-&,",6;
CIVIL TERM
TAMMY L, BOYD,
Defendant
AFFIDAVIT
1. I, Tammy L. Boyd, am the defendant in the above-
captioned action, which is an appeal from a judgment rendered by
District Justice Robert Manlove on November 12, 1998, awarding
Plaintiff possession of the apartment in which I reside and
alleged back rent.
2. My share of the rent for my apartment located at 319
Third street, Apartment I, West Fairview, Cumberland county,
Pennsylvania, is $100.00 per month, and becomes due on the first
day of each month. The balance of the rent is subsidized by the
Housing Authority of Cumberland county.
3. My next rent payment will be due on or before the first
i
day of December, 1998.
4. I verify that the statements made in this Affidavit are
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true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C,S. 4904, relating to
unsworn falsification to authorities.
Date:
'&J
yd, pefendant
1
::
1.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBBRLAND
MIg Oill No
09-1-02
NOTICE OF JUDGMENTrrAANSCRIPT
~NTIFF: RESIDE~!~~~.'ASE
W. C, SMITH AJlD co, ,
555 HIGH ST
WHST PAIRVIBlf, PA 17025
L ~
OJ -.. ..
ROBERT V. MANLOVE
_. 1901 STATB STREET
CAMP HILL, PA
1._ 17171 761-05S3
17011-0000
DEFENDANT:
I8oYD, TAMMY L
319 THIRD ST APT.# 1
WHST PAIRVIBlf, PA 17025
L
Docket No,: LT-0000456-98
Date Filed: 11/04/98
VS.
NAMI! 'I'd Aconus
,
TAMMY L. BOYD
319 THIRD ST APT.# 1
WEST PAIRVIEW, PA 17025
~
.
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLATN'l'IPF
[!] Judgment was enlered for: (Name) If, C. SMITH AND CO.
D Judgment was enlered against BOYD. TAMMY L
LX! LandlordlTenanl action in the amount of $ 177 ,95 on 11/12/9S
D The amount of rent per month, as established by the District Justice, Is $
Damages will be assessed on: (Dale & Time)
The lotal amount of the Security Deposit is $ 258.00,
Total Amount Established by OJ Less Security Deposit Applied = Adjudicated Amount
Rent In Arrears $ 105 _ 00 $ .00 = $ 105 _ 00
Physical Damages Leasehold Property $ .00 $ .00 = $ _ 00
Damages/Unjust Detenllon $ .00 $ .00 = $ nn
Less Ami Due Defendant from Cross Complaint - $ _ 00
D Attachment Prohlbllecfl Interest (if provided by lease) $ .00
Victim of Abuse (ActS, 1996) UT Judgment Amount $ 1 n.; nn
D This case dismissed without prejudice, Judgment Costs $ 72. q.;
Attorney Fees $ .00
[!] Possession granted. Total Judgment $ 177.95
D Possession granted if money judgment is not satisfied by lime of eviction,
D Possession not granled,
D Levy is stayed for _ days or D generally stayed,
D Objection to Levy has been filed and hearing will be held:
I. D.., I Place:
, Time:
In a
, (Date of Judgment)
100.00,
ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION
OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE 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, "'''''''~';':;'''''''
IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDENTIA.l:-LEASE, YCll/i-lltYE'30 DAYS
AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THEpllOTHON01'ARY/CI.ER~OF COURTS OF
THE COURT OF pOMMON PLE~S. 1L DIYISION, 1 ',,/~ f" ',. ~ '. '-.,' ".
YOU MU INC UDE A COPY IS ~ ICE OF JUD(jI.!.E T RAN jllPTFORM WITH YOUR::NOfICIji OF'~P~AL, ': -_
/ /, /2. -Date '-/ a:-(;~ . a.:eA-€ : . ~Dist.riot.Jusllce -
Ice ly t9 I this is a true a$correct C9PYLof~he.ycord p!.lhe proceedings containing t~e judgment.. ~
/ ~IIZ; 9' r Date l\oFe'7 t/// Ih."'~f:P ,,District Justice,
~~r.C;~,T.:rlsslon expires first Monday of January, 2000, SEAL "
z ] 3? /I'l'! lit '.
us Posw SOfV>CO
Recolpt tor Certllled Mall
No Insurance Coverago PICMded
Do 001 uso for Inlomallonal Mall 500 roVOfSO
\I~l. Just ice ItnlH'rt ~t.Hllt Vl'
f'iJI1f~tL, St,
~e. A lIP ode
"-
$
Ce.1d>odF..
SpeoilOeliveryFee
Z 332 /I~'1 1~~
us Postal Service
Receipt tor Certified Mail
No Insurance Coverage Provided.
00 not use for Inlernalional Mail Soe reverse
Senllo
W, C. Smith and Cn,
Strllet" Number
555 Hi h St.
Post Dlbell. Slate. "ZIP Code
West Fairvlew
Postage
$
CertiliedFee
SpedaJ OeliVitI'f Fee
/
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COUI' or C ~UAI
NOTICE OF APPEAL
IIlOM
DISTIICT JUSTICE JUDGMENT
c_~u.u.... qp- t,~Sq (}'v"(/~/l hl
NOTICE OF APPEAL
Nollce Is ui- that tho appollanl h,,, /;I.d in tho above COIJI't of Common Ploo. on oppooI from tho judgmont rendered by tho District Juolic. on tho
daM and In tho c.... n...~lol'"" below
_ Dln.IC'
- =~ L, Boyd
319 Third St., Apt. 1
an
1"""""t~""NA"''''DJ.
Robert V. Ma olove
. ."
lient Falrvlew
PA
lP COD(
17025
11-12-98
I
w.e. Smith anu C",
~ Tammy L. Boyd
,.
CV 19. Phi)..i" C.
LT 19 98 LT-000045b-9~ vli....4
ThIs block will be oigned ONLY when !hi. nolotion i. required under Po. R.c.PJP, N6.
10088.
ThIs Nollce of AppeoI. when n><eiYed by the Oi.triel Ju.tice, .. ill operate '" 0
SUPERSEDEAS 10 the ~ for po>>e~.) r~c"'''"
)(........ ~<..6------;JJ-?MJ ,/)rv-4.
~kIe Prot~ or l>ePUry I lv'
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Legal Services, Inc.
a Irvine Row
..~ Carlisle PA 17013
If fant was CLAIMANT (see 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
(1/lJs section oIlotm to be used ONLY when appellant was DEFENDANT (see Pa, R.CP,J,P, No. 1001(7) in action before District Justice.
IF NOT USED, detach from ~y of notice of appeal to be served upon appellee).
PRAECIPE, To Pmlhonolory
w.e. Smith and Co.
EnIer rule upon , oppellee(.). to file 0 complaint in this appeoI
. ' Il Name 01 appelleels}
:~', (~PIeCU No. ..29- L, In !:9 L', (;, {~"1 wilhin twenty (20) days after ,vice of rule ors~uffer ~ of judgment of non pros. . .
,_ __ ,. ~ / k -./ ,
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- ; v oI~dthisanomeyOflJf1fft. I.;
~F.RULE,h 'w.e, Smith ~::.-S} ,oppellee(s). . '.",' ;,:;,\:'::":':;":~,,~)~
rr. ,(1) ~ou ore no~fied that 0 rule i. ~ entered u~ you to .file 0 c""'!""inl in thi. oppeol within twenty (20) days after the dole of&,"r-,i,'i~
~ - oemce of this rule upon yw ~ ~I s,:,v~e or by certified or reg~tered moiL ...~~
, (2) ~ you do nol file':' '~';;;'p/ai,;t ';'~hi~' this ~me, 0 JUOGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. ,\.,:;~~~
(3) Tho dote ~l~: of thisrule rr 's",:~~~ by moil i. the dote of moi1i~/7 n Cyy; '. ~~!;';,~11
DoIe:~tJ ;J~'-:;"192f,__ .) \ ''___ /#o-.d._ r. /?<r?s:f;!;~o.;0!t!'fj~
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COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(Thi8 proof of StlfVICf' MUS T Uf FILED WI Tt-ON HN {WI UAVS AI" Tefl (Jllnq (flf) HOre(J uf Jjppt1UI Chorl( applicable bo.eS)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland ___________
;u
AFFIDAVIT: I hereby swear or affirm lhall served
98-6659 Civil Term
[1 B copy 0' the Notlc.tl 0' APPtHJI, Cor-lfTlOn PIcas No ._~______._.__.______.,__, upon Itw District JuStlco designated Iherein on
(data 01 sarvlea) ,1ilvLl:ml1!>V..1..J-2.2.!L..,____, [J by pe"onal ""',"CO 19 by (certified) ~ mail, sender's
receipt attacfled ~",elo, and upon the appellce,l"anla) ,__I1"!,c;. Smith and Co", . on
November 23 , 19~ 0 bv p,,,.on"' s."vico CJ<bv (certIfied I X'ltHXKJl:M1l mall, sonder'S recClpt allachad hereto.
ex and furthor that I SO, 'fed tho RUle to Fitea Cornr1nint.lccornpiHlYlng tll(>300....0 NoIICl" of Appeal upon thcappcllee(s) to whom
the Rule was addressed on Jiovember-?3 ___,19-98..... 0 by porsonal service DI by (cer1llled) (~1I11)
mail, sonder's 'OCClpt Alladmd ho.rcto
SWORN (AFFIRMED) AND SUBSCRIBED BEFOHE ME
THIS
DAY OF
.19__
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f Signaluro of afliant
Signa/UH' or o",ci,j/lit'f,](1'J ....hOfTI i1ff,'d,w.llIodS fTHe/rl
Tit/oofoiliCial
My commiSSion ('1plre~ on
19_
I verify that the statements in this Affidavit are true and correct,
false statements herein are made sub~ect to the "enalties of 18 P,S. Section
to unsworn falsification to authorities.
;,
I understand that r
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Johnson, Duffle, Stewart & Weidner
By: David J, Lanza
1.0. No, 55782
301 Market Street
P,O. Box 109
Lemoyne. Pennsylvania 17043.0109
(717) 761.4540
AlIorneys for Plaintiff
WILLIAM C, SMITH Vd/b/a
W.C, SMITH & COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.6659
v,
CIVIL ACTION - LAW
TAMMY BOYD,
Defendant
NQIICE TO DEFEND
To the Defendant:
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a wrillen
appearance personally or by attorney and fiiing in writing with the court your defense or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgrnent may be entered against you by the court without further notice for any money claimed in the
complaint or for any other clairn or relief requested by the Plaintiff, You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
Telephone: (717) 232-7536
.iohnson. nume. Stewart & Weidner
By: J)i1vitl J. \.;III/il
1.1>. No. 55 711~
3l)1 Milrkcl Strcct
",0, Box 10<)
I.clIIOYIIC, I'cl1l1sylvill1ia 17l)-lJ,l)If~1
(71717(,I.-l5-ll)
Attorncys t(lr I'lililltiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.6659
WILLIAM C. SMITH Vd/b/a
W,C, SMITH & COMPANY,
v,
CIVIL ACTION - LAW
TAMMY BOYD,
Defendant
COMPLAINT
1, The Plaintiff is an adult individual trading as W.C. Smith & Company with a place of business
at 555 High Street, West Fairview, Pennsylvania 17025.
2. The Defendant, Tammy Boyd, is an adult individual residing at 319 Third Street, Apartment 1,
West Fairview, Pennsylvania 17025.
3. On or about February 25, 1998 Plaintiff and Defendant entered into a Residential Lease
requiring Plaintiff to pay to Defendant rent in the amount of $230 per month. A true and correct copy of the
aforesaid Agreement is attached hereto as Exhibit "A".
4. Defendant's rent contribution was required to be paid in addition to a rent subsidy of $285 per
month from the Department of Housing and Urban Development.
5. On or about July 1, 1998 Plaintiff and Defendant entered into a Lease Amendment whereby
Defendant's monthly contribution was reduced to the amount of $100 per month, A true and correct copy of
the aforesaid Amendment is attached hereto as Exhibit "B",
6, Defendant is in defaull of her obligations under the aforesaid Lease and Amendment insofar
as Defendant has failed to pay rent from and after November of 1998, whereupon all monthly amounts have
become immediately due and payable,
7. Defendant is in further defaull of her obligations under Ihe aforesaid Lllasll in that she has
created excessive noise levels and disturbed the peace of the surrounding neighborhood and other tenants
of Plaintiff.
8, Defendant's activities have already caused and will continue to cause Plaintiff to suffer
damages as a resull of noise created by Defendant.
9. Other tenants of PlainUII have left Plaintiff's premises as a resull of noise caused by
Defendant.
10. Plaintiff has been forced to incur filing costs in order to bring suit with the District Justice in
the amount of $72,95,
11, Plaintiff is entitled to judgment in the amount of $472,95 by reason of Defendant's breaches,
calculated as follows:
Unpaid Rent from November 1998
through February 1999
$400.00
District Justice Filing Fees
72.95
Total
$472,95
r
'"'
12. PlainUff is entitled to immediate possession of the aforesaid premises,
13. Plaintiff's inability to obtain possession of the aforesaid premises will cause irreparable harm
to Plaintiff.
,
-C.ERTlELCA TE OF SERVtCE
AND NOW, this I t ~ day of December. 1998, the undersigned does hereby certify that he did lhis date
serve a copy of the foregoing upon lhe other parties of record by causing same to be deposited in the United
Stales Mail, first class postage prepaid. at Lernoyne, Pennsylvania, addressed as follows:
Tammy Boyd
319 Third Street
Apartment 1
West Fairview, PA 17025
::HNSONiJJrART & WEIDNER
David J, Lanza
. . .,......
L!:AS!: AGR!:!:H!:NT
_,.<,'''W
THIS LeAS!:, .ado thla ~
BCTN!:!:N fA. }. C, .S"M'r-./ - c..
tho Landlord,
~ ,,~
AND - I /h.~,.1l. 'I (5"'''.0
(hereinatter whether ono or .or., retorred
and soverally.
day of
~~J..A,c",/
C)
, u 'ii.
to .. 'R..ldont"l. jointly
WITH!:SS!:TH. that Landlord hor.by 1..... to t.nant .nd the latt.r
lets ~ro. the tor.er, the apart.ent designated a~ ,"
Ho. .3/'1 oW"I_1'> ~: -n { U),.,,-, hj,.R- "'"'....)
h.r.lnaft.r call.d the .pr..I.....
B.glnnlng on the fI..t day of ml'rIIP~ , 19l1:.. at the rent of
(C:;;y-7m..s.wt>'(Wli'./ioJIJMc"fJ_ <=/6;""1 Dolla.. 1$ /~/;O,"o ) per y.ar
payable In .onthly In.t.ll..nt. ot n"o;l.Jd\.<.-t>. p,~"",.,.J
Dolla.. ($ SI,S, c~ ) each Oil the fI..t day of each month In advance.
Tha R..ldant ha. dapo.ltad $ ~.ii~_'~~ with tha Landlord a. a
.ecurlty dapo.lt. Thl. lattlng I. upon the tollowlng condition.,
covenants and agreements.
1. Resident agrees to pay to Owner or Agent the monthly rate
sot torth above on the tirst day ot each month, in advance, at the
Rental Ottice of Owner or Agent or such other place as Owner or
Agent may tram time to time request. Resident further agrees to
pay a late payment charge of five (5) percent per month at the
amount of r.nt In d.fault on the third (3) day ot. .ach .onth. If
rental is mailed, the postmark date will determine the date of
payment. It any check tor rent 18 returned to Owner or Agent tor
insufficient funds or other reason, late charges will continue
until rent I. actually paid by R..ld.nt,
2. This lease shall continue for a like term at years under
the Bame terms and conditions as stated herein unless either party
sholl give notice In writing to the other party at lea.t .Ixty (60)
days prior to the snd ot this l.a.e of his Int.ntlon to t.rmlnat.
the lease agreement or continue same under changed terms or
condl tions.
3, R..ldent agrees to use the apartment only as the personal
r,sld.nc. of R.sld.nt and their children, and not to assign this
lease or sublet the apartment. Resident agrees not to alter or
make additions to the apartm.nt, Its painting or Its fixtures and
appliances without Owner's or Agent's written consent. Resident
agrees not to do or to permit any act or practice injurious to the
building, which msy t. unreasonably disturbing to oth.r r,sldents,
which may aftect the Insuranc. on the building, or which Is
contrary to any law.
4, Resident understands that the equipment tor utilities to
serve the premises i8 installed therein and Resident agrees that
the cost of the utllltl.s shall be paid .. tallows.
a.atlng for premlses-l:~
heating of water for premises
'Electricity tor premises
Gas tor premises
Sewer charge
Water consumption
Other. --r-1!-~1I
to be
to be
to be
to b.
to be
to be
to be
to be
~:~~ ~~~
~:~~ ~~ jfr'r
paid by /~
paid by f fi'l-JOth4J
paid by f AJJ/jr.>U>
paid by
HR 7-90
-l-
,
,~
Ie. Relid.nt .vr..1 to p.y the I.curity d.pollt I.t forth
.bov. prior to occupency of the .pert.ent. , Th. I.ourity d.polit
Ih.ll b., h.ld by Own.r or Av.nt .1 I.ourity tor the p.y..nt ,at .11
rent and other a.aunta due fro. Re.ident to Owner or Agent, for
the R..idlnt'. portaraance of this 1...., and .vetnlt any damag..
cau..d to the apart..nt or any other part of Owner'. or Agent'.
prop.rty by R.lid.nt, hil te.ily end vueltl, Relident under.t.ndl
.nd .vr... th.t the lecurity depo.it ..y not be epplied .. r.nt or
.v.in.t .ny oth.r ..ount due fro. R.lid.nt to Own.r or Av.nt,
without Own.r's or Av.nt'. written consent, and th.t the monthly
r.nt will b. p.id e.ch .onth, includinv the lalt .onth at the
1.... t.r.. Within thirty (30) daYI followinv t.r.ination at thil
1...., Own.r or Av.nt shall r.turn the s.curity d.pOlit, 1.11 any
deductions fro. it on account of amounts owed by R..ident to Owner
or Av.nt, to R.lid.nt by ch.ck payable to all p.rlons sivninv this
l.as. .ail.d to a forwardinv addr... which .u.t b. furni.hed by
R..id.nt in writing. RESIDENT IS ADVISED TO BE AWARE or HIS RIGHTS
UNDER "THE LANDLORD AND TENANT ACT OF 1951", ACT OF APRIL 6, 1951,
P,L" 69, AS AHENDED BY THE ACT OF DECEHBER 29, 1972, P,L,__,
NO, 363,
11. This lease confers no rights on Resident to use for any
purpa.. at tho prop.rty of Owner or Agent oth.r than the interior
at the apartment hereby le.sed, .xcept the walks .nd roadways
giVing Iccess thereto and such other areas, if any, as Owner Or
Agent .ay tram time to time designate for the us. at residents,
When tho use by R.sident at .ny oth.r portion at Own.r's or Ag.nt'.
prop.rty is p.rmitted, It shall b. subject to the rules and
regulations established by Owner or Agent,
12, If Resident shall fall to pay rent, or any other sum, to
Owner or Agent when due, shall def.ult In any other proviSions of
this lease, or shall remove or attempt to remoYe his possessions
tram the premises betore paying to Owner or Agent all rent due,
Owner or Agent, In addition to all other remedies prOVided by law,
may.
a. terminate this lesse,
b. bring an action to recover possession of the
premiaes,
c. bring an action to recover the whole balance of the
rent and of other Charges due hereinunder, of
whatever kind and nature, together with any and all
consequential damages caused by Resident's default,
including reasonable attorney's fees and court.
costs.
13, RESIDENT AGREES THAT HE WILL COHPLY AND PROCURE
COHPLIANCE OF HEHBERS OF HIS FAHILY, ANO HIS GUESTS WITH THE
OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND WHICH ARE
ATTACHED,
14, This lease Is subject and subordinate to the lien at all
mortgages now or at any time hereinafter placed upon any part of
Owner's or Agent's property which includes the apartment, to
extensions or renewals thereof, and to all advances now or
hereafter made on the security thereof. Resident agrees, upon
request, to execute such further instruments eVidencing such
subordination as Owner or Agent may request, and if Resident fails
to do so, Owner or Agent 1s empowered to do 80 in the name of
Resident,
HR 7-90
-3-
,.
"
U.S, DEPARTHENT Of HOUSINO ~ND URBAN DEVELOPHENT
HOUSINO-fEDERAL HOUBINO COHHISBIONER
SECTION S HODERATE REHABILITATION PROORAH
ADDENDUH TO LEASE
Tho following addltlonaL~e.8e provlalo~. ~r.
tho Lel.e dated m~ .n J < J fI rt!!:..
between flY, C. ,\Tt'L'7H C>.. G,
and ~....." -&..,..,.:>
tar tha tollowing unit ,,~I <jl - fk.,,(,/J
incorporated in tull in
",
,)"r..w { t(k~r
, (lauor)
(lue..)
hf.,...v,.....J
In cale at any contlict between thela Ind Iny ather provilions at the
Lease, those provls1onu shall prevail.
e,
The total rent per month ehell bel
$
A"/'-
~ ~
b,
ot the total rent, the amount payable by the
PHA a8 housing assistance payments on behBlf
at the l:'aml1y Ihall bel $
and the amount psyable by the l:'smily ehall
bel $
;:) i':.,
....7 ~(")
Thele amount I shall be IUbject to change in accordlnce with
HUD - established schedulee and criteria, However, in no,
ca.e .hall the total rent be le.s than the amount .tated in
paragraph A, Any'such change .hall be ettective as at the
date stated in a notitication to the l:'amily and the Owner,
which shall amend this Lease.
If the Owner has required the Family to pay
a security deposit, the amount is. $
c.
..2sr
d, The Owner shall provide the fallowing
utiliti~s and appliances to the Family under
this Lease.1...,
S7noJC'~ /(e~~"-. S't-u...,.,- Dc-n,-..,..u.
uJltr-o.'tl.. &:""'dl-, ~~
e. The Owner shall provide maintenance and services as
follows I
(1) The Owner shall maintain the dwelling unit, equipment,
cammon areaa, and facilities provided far the use and
benefit at the Family in compliance with applicable
Housing Quality Standards, '
(2) ~he Owner shall respond in a reasonable time to calls
by the Family for services consistent with the
Obligations under the Lease, Where applicable (as in
tbe case of multi-unit buildings), the maintenance
with respect to common areas, facilities and equipment
shall include cleaning, maintenance of lighting and
equipment; maintenance of grounds, lawns and shrubs;
and removal of snow and ice.
(3) Extermination services and repainting shall be
provided by the Owner as conditions may require.
f. The Owner shall not terminate or refuse to renew the Lease
except upon the following grounds, (1) Serious or
repeated violations of the terms and conditions of the
Lease; (2) Violation of applicable Federal, State or local
lawl or (3) Other goad cause, In accordance with HUD
requirements, the Owner muat serve the Family a written
notice of termination stating the reasons for and the date
of the termination of .tenancy. All evictions must be
carried out through the judicial process under State and
local, law, ' This paragraph (f) i. only applicable while
the unit is covered by a Housing Assistance Payments
Co~tract an behalf of a Family eligible far assistance.
7420,3 REV-? CHG-l,?'
Tha Ownar shall not discri8lnata againot tha Family in tha
provision of services, or 1n any other aanner, on the
grounds Of race, color, creed, religion, sex, handicap
or national origin,
h, This laa.e has been signsd by tha partias on the condition
that.
g.
(1) Th1a Lesse shsll not become effective unlo.. tho
PHA haa executed a Houaing Assistance Payments
Contrsct with the Owner either prior to or attective
the first day ot the tero of the Laase.
(2) This Lease shall end no later than the termination
date of the Housing Asaistance Payments Contract.
In the evant that the PHA determines, aftar having
given the Family reasonabla notica (with a copy to
the Ownsr) and opportunity to respond, that the
Famlly ia ineligible for further housing asaiatance
payments becausa ot fsilura to comply with tha
Fsmily's obligations under tha Statament of Family
Responsibility, the PHA shall notity the Owner and
the Pamily of such determination, Such determination
shall be grounds for termination at this Lease by the
Owner.
i. NotWithstanding anything to the contrary contained in tho
Lease, any provisions, term, condition, covenant or
agreement of the Lease, which falls within the
classifications below, shall be inapplicable,
(1) Confession of Judgment, Conssnt by the Family to be
sued, to admit gUilt, or to accept without question
sny jUdgment favoring the Owner in a lawsuit brought
in connection with the Lease,
(2)' Selze or Hold Property for Rent or Other Charges.
Authorization to the Owner to take property of the
Family and lor hold it until the Family meets any
obligation which the Owner has determined the Family
has failed to perform,
(3)
Exculpatory
not to hold
responsible
to act when
Clause. Prior agreement by the Family
the Owner or its agents legally
for acts done improperly or for failure
it was requirsd to do so, .. ,. -, ..'
(4) Haiver of Legal Notice, Agreement by the' Family' that
ths Owner need not give any notices in connection with
(1) a lawsuit against the Family for eviction, money
damages, or other purpose, or (ii) any other action
affecting the Family's rights under the Lease.
(5) Haiver of Legal Proceedings, Agreement by the Family
to allow eviction without a court determination.
(6) Haiver of Jury Trial, Authorization to the Owner's
lawyer to give up the Family's right to trial by jury,
(7) Haiver of Right to Appeal Court Decision,
Authorization to the Owner's lawyer to give up the
Family's right to appeal a decision on the ground of
judicial error or to give up the Family's right to sue
to prevent a judgment from being put into effect.
(8) Family Chargeable with Coet of Legal Actions
Regardless of Outcome of Lawsuit. Agreement by the
Family to pay lawyer's fees or other legal costs
whenever the Owner decides to sue the Family whether
or not the Family wins.
I....
J
. ,
PAGE 2
(717) 732-2465
W, C, SMITH & CO.
CONSTRUCTION & RENTAL MANAGEMENT
555 High Street West Falrvlew, PA 17025
CARL SMITH
TO: All New Residents
RE: Rules & Regulations of Housing & the Enforcement
There are n number of things that have come 10 our aUention that concern
everyone, Here are the rules of the building that are most commonly ignored:
(!)Excessive noise will not be tolerated, especially between the hours of 11 pm
and 9 am (no loud music, no late parties).
2. Use of the conidors and stairwells as play areas or storage areas will not be
allowed, Do not set trash in the hallways for any reason, not even for S minutes, Take it
to the dumpster,
3, Parking-The parking lot is provided for the tenants use only, You are required
to use ~ lot and not park on the street.
(j1 Residency-The apartment has been rented only to the person(s) named on the
lease and his or her dependents. As you are aware, you are not allowed to have anyone
stay overnight more than S times per month.
S, Apartment maintenance-Everything inside the apartment is to be cleaned and
maintained by the tenanl This includes cleaning the windows, the inside of the range
hood, the filter in the range hood, and the oven and refrigerator at least twice a year and
the tub and shower unit (use any non-abrasive cleaner such as Soft Scrub or Bon Ami)
weekly, The carpet and vinyl flooring should be cleaned at least weekly to keep dirt from
being ground in. You should have a vacuum cleaner to do a goodjob, Walls and
woodwork can be washed when dirty. To ensure that these things are being done, we will
be insp~' g on a more frequent basis about every 6 months,
6. ental Payment and Late Fee-Resident has agreed to pay to Owner or Agent
the mon y rate previously set forth on the first day of each month, in advance, at the
Rental Office of Owner, Resident further agrees to pay a late payment charge offive (S)
per cent per month of the amount of rent in default on the third (3) day of each month.
....
We strongly suggest that you review these rules ofliving in our apartments, For if
you choose not to live by these rules, you will be required to move, These rules are
required so that r.. group of people can live and get along without inflicting problems on
anyone else, We appreciate you adhering to these rules and asking your neighbors to
follow suit.
CONTRACT/~EASE AMENDMENT
TO THE SECTION 8 HOUSING PROGRAM ~EASE
AND
THE HOUSING ASSISTANCE PAYMENTS CONTRACT
Effective
'- jt-( '-'-/
, the Section 8
!5ol.fO
-({ / t<1~
/
,
/ (99!'
.
Housing Program lease between
----=--
( ItMM8
1/n,C-{) S-,
{f;,f<IJIe--J
living in the unit at
and (J, c, ,<:;::M"Tlf
:3/9
')'- r;;,
,
and the related Housing Assistance Payments Contract shall be amended
as follows:
1. The rent, effective as of the date indicated above,
shall be $ ~fr"" per month.
2. The Housing Authority of Cumberland County will pay
$ 4.::J.7.cU towards the tenant's rent.
3. The tenant will be required to pay the remaining
amount of $ IO() ,6b to the Landlord each month.
The tenant will receive a monthly utility assistance
payment in the amount of $
kY
-
All covenants and conditions of the Lease are specifically
incorporated by reference in this Agreement.
i .~~ (~'CL
1
y (,f)~/yf
Lessor
Date
{~
Lessee
i 6/~(;
Date
Lessee
Date
,-
~
t
1, .
j ..:
~ ..<
~ --
)'..
f
d
..12
\ ~&',
!f:;'I>
, '/"'"
i./(-0~
I: I
I
,i
I i
.~,
WILLIAM C. SMITH tld/b/d
I'I.C. SMJTII & COMPlIrl'i,
Plaintiff
III TIIf~ r:OlWI' (J!-' t:()r-1Motl l'LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
NO, 98-6659 CIVIL TERM
TAMMY BOYD,
CIV! L r.c:TIOIJ - LA\~
Defendant
NOTICE TO PLEAD
TO: William C, Smith, t/d/b/a W.C, Smith & Company
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof or
a judgment may be entered against you,
Date: .fj- ?/-:? Y
/
fi/ ~d:~ /"
Philip C, Brigan i
Attorney for Defendant
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
neighborhood ,HId othr.r tt'ndll!.' " !'.,I.:.l i::.
8. Denir.'d. [i"t"rl~LI!lt d"L;"; !!, I' ~i"~ ,jl:! ivitips h;jvt.~ already
caused or '-IJi11 ('.lll:~" I'ldiril ill
';::..: 'ld[I:-I';;'!; d's d I,';;ult of
noise croat0;:l b'T L'i': c:::LJ:;~, dL i ;'{'~ (:.Lj:~~ ~ :..;r~.~:t:: de::it's creating
such noise,
9, Denied, Detencldn! c!.,ni.'s th,,! (,ther tenants of Plaintiff
have left Plaintiff's prcmisf:'~::; ,-.tS d result of noise caused by
Defendant.
10. Denied. Defendant dDnies that Plaintiff has been forced
to incur filing costs in order to bring suit with the District
Justice in the amount of $72,95,
11, Denied, Defendant denies that Plaintiff is entitled to
judgment in the amount of $472,95 by reason of the alleged
breaches, which breaches she denies, By ;Iay of further answer,
Defendant denies that she owes unpaid rent in the amount of $400.00
from November 1998 through February 1999, in that her November 1998
rent has been paid into escrow Yli th the Prothonotary, and her
January 1999 and February 1999 rent are not yet due. Defendant
also denies that she is responsible for any district justice filing
fees which Plaintiff may have incurred,
12, Denied, Defendant denies that Plaintiff is entitled to
immediate possession of the rental premises,
13, Denied, Defendant denies that Plaintiff's inability to
obtain possession of the rental premises will cause irreparable
harm to Plaintiff,
111':'..1 11r,TTI':P
14. On or about. r'I()v(~mber 4, 1 (YJI1, f'ldirlt il! t) l(~d ,I l.,lndlord
and Tenant Compl~int against Defendant before Dlst riet Justice
Robert V, Manlove, to-Vlit: W,C, Smith "nel <:0, v, T"mmv j., Bovd,
Docket No. LT-0000456-98,
15, On or about November 12, 1998, following a hearing on
said Landlord and Tenant Complaint, District Justice Manlove
entered judgment in Plaintiff's favor, from Vlhich Defendant filed
the appeal which is before this court in the instant action,
16. Prior to filing said Landlord and Tenant Complaint before
District Justice Manlove, Plaintiff did not serve a notice to quit
personally on Defendant, leave a notice to quit at the principal
building upon the leased premises or post a notice to quit
conspicuously on the leased premises,
17. Plaintiff's failure to serve a notice to quit on
Defendant by any of the methods set forth above in Paragraph 16
prior to commencing eviction proceedings against Defendant, as
required by 68 p, S, Section 250,501, deprived District Justice
Manlove, and deprives this Court, of jurisdiction over the subject
matter of this action,
WHEREFORE, Defendant respectfully requests that this action be
dismissed or, in the alternative, that judgment be entered in favor
of Defellddllt dfHi t 1,,11 II". ",1 jet If',!w,,,t''d by PLdllt if t he denied,
l<espr",t t ul J y "ubmi t 1.('<1,
Phili C, 8rig~' ti
Attorney for 'fendant
LEGAL SERVICES, INC,
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
~:Li-J..ll;\';' :~~
The abOVe-ndfnf,ej (j..: ":i,i,tut, 'I'd!''':::,! :~\'-;(.1, V'_'! it j(.s that the
statements set tor~'_h in the :',)r{'q{-)i:l(~ :\:l~;'...'.}r find i.l(~w t..jatter are
true and cor rect ,
Defendant ...lnJcrstrtnds that false statements
herein are made subject to the penaltio~ of !B P.S, S4904, relating
to unsworn falsification to authorities,
f
Date:
j ~b[
-
3 \ 2!' )CJC,6
,').?).IYI1 '}n~~ j1r.lf
Tilrruny Boy , De endant
.
Johnson. Duffie. Stewl1rt & Weidner
By: DlIvid J, I.:UlIlI
J.[), No, 57782
301 MlIrkct Strcct
1'. 0, Box 10<)
LCllloync,Pcnnsylvanill 17043.010<)
(717) 761.454U
AlIorncys Ii)r "Iilillliff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 98-6659
WILLIAM C, SMITH Vd/b/a
w.e. SMITH & COMPANY,
v,
CIVIL ACTION - LAW
TAMMY BOYD,
Def6rd<lo1t
PLAINTIFF'S ANSWER TO NEW MA TTER OF DEFENDANT
14. Admitted,
15, Denied. Plaintiff has complied with all requirements of the LandlordfTenant Act, including
proper notice to quit. A true and correct copy of the Notice (as well as additional correspondence) is
attached hereto as Exhibit "A", By way of further denial and in the allernative, any such notice requirement
was waived, By way of further denial this averment constitutes a legal conclusion which requires no
responsive pleading,
17, Denied. Plaintiff has complied with all requirements of the LandlordfTenant Act, including
proper notice to quit. By way of further denial and in the alternative, any such notice requirement was
waived. By way of further denial this <lvermant cl1ilstitutes d lligal conclusion which requires no responsive
pleading,
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $472.95 plus interest
at the rate of 6% per annum from November 12, 1998 as well as an immediate order of possession against
Defendant for the premises at 319 North Third Street, Apartment 1, West Fairview. Pennsylvania 17025
plus court costs and such olher and further relief as this Court deems just and appropriate.
Respectfully submilted,
:118645
JOHNSON, DUFrE, STEWART & WEIDNER
By: L II~
David J, Lanza
YERIFICA TlOll
I, William C, Smith do verify that the statements made In the foregoing Answer arc true and correct to
the best of my knowledge. information and belief, I understand that false statements made herein are subject
to the penalties of 18 Pa,C,S, ~904 relating to unswom falsification to authorities.
,,), Il_ { .,j--:--L--
William C. Smith
Dated: _/17 /.j ')
, ,
September 14,1998
Tammy Boyd
ApI. ],3]9 Third Street
West Fairview, Pa, 17025
Ms. Boyd:
On April 27, 1998, [ sent you a registered letter that we would not tolerate any more
complaints about noise disturbing all the tenants around you. On August 3], 1998, when
we were doing a building inspection, we once again talked to you and your baby-sitter
about the loudness of your stereo and requested that you leave the volume setting lower
than "2" since we continued to have complaints on June 7th (loud noise) and on July
8&9(stereo loud), Two days later, on Sept. 2, 1998, the police were called because of the
loudness of your stereo and when the officer asked you to turn it down, you said it was
only on "] 0". [spoke to Officer Bashore concerning this incident and he confirmed that
the music was very loud and that he did ask you to turn it down,
Because you haY'': ignored repeated attempts to resolve this problem, we are giving you
30 DAYS NOTICE TO VACATE TilE APARTMENT. You will have to be out on or
before October 14, 1998.
Sincerely,
Paula K. Smith
HOUSING AUTHORITY
OF CUMBERLAND COUNTY
114 N, HANOVER ST, . STE, 104
CARUSLE, PA 17013.2445
Tdephonerroy (717) 249.1315
897-7703
532.8805
FAX 249-4071
. RE/lITAL HOUSING FOR FAMlUES
. RE/lITAL HOUSINO FOR ELDERLY
. RE/lITAL HOUSING FOR PERSONS
WI'I1i SPECIAL NEEDS
. RE/lITALASSISTANCE PROORAMS
. FIRST-TIME HOMEBUYER PROORAMS
. SUPPORllVE SERVlCES/EMPOWERMEm'
PROORAMS
September 21,1998
Tammy Boyd
319 Third St., #1
West Fairview, P A 17025
Dear Tammy:
1 have received reports a woman and her child are living with you in your
unit. As you are aware, persons not listed on the lease are not permitted in your
unit any more than three (3) nights in a row or five (5) nights in a month, Any
more than this is constituted as living in and is a violation of your lease and
family obligations,
If an unauthorized person is living in your unit, they must vacate the unit
immediately, If our office receives any type of documentation indicating anyone
other than those listed on the lease is living in your unit, we will have no choice
but to terminate you from the rental assistance program,
If you have any questions, please contact me at 249-1315, 697-7703 or
532-8805.
Sincerely,
THE HOUSING AUTHORITY OF
THE COUNTY OF CUMBERLAND
Bette Newcomer
Housing Representative
cc: W.C, Smith, Landlord