HomeMy WebLinkAbout01-1438 FX
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C~NWE"'\TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
.
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONPLEASNo. Ol-Ill)? ";vil
NOTICE OF APPEAL fi1Ct--L1.. 13 2.00 I
,
Notice is g;.",n that the appellant has liled in the above Court 01 Common Pleas an appeallrom the judgment rendered by the District Justice on the
date and in the case mentioned below.
lfl ite
l1rl JU1 t:s 'IS
SIGNATURE OF APpaLANT OR HIS ATTORNEY OR AGENT
OTY
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STATE ZIP CODE
PeL-
_ (Defendant) -
1M' s ke.... f.:.1-n nG
1/6 tI
2-2-02- D
DATE_OF AJDGMENT
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CLAIM NO
CV 12
LT 19 OMfJIDr:. D1
This block will be signe<:l ONLY when this notafion is required under Pc. R.C. . .P, Nc.
1008&.
This Notice 01 Appeal, when received by the District
SUPERSEDEAS ta the jOJdgmenl 10 essio' . a
oputy
If appellant was CLAIMANT (see Pa. R.CP.JP. 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 of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001 (7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary .
Enter rule upan DrchuD ~-brunts
Name appelfee(s)
~OOI- 1L\'6<(,
,appellee(s), to lile a complaint in this appeal
(Common Pleas No.
) within twenty (20) days alter service of rule or suffer entry 01 judgment of non pro~
~?tULiL~ ~
Signature of appellant or his attorney or agent
RULE: To
DrdttJ..rD !f::!:.bn p-nt
NBnre appe//fle(s)
, appellee(s).
(1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days alter the date of
service of this rule upan you by personol service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU.
(3) The date of ...rvice of this rule if service was by mail is the date of mailing.
1"\C\.rd, 13. '1.00\
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or Oepuly
Date:
NJPC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE Of NOTICE Of APPEAL AND RULE TO FILE COMPLAINT
(This proof 01 service MUST BE FILED WiTHIN TEN (10) DA YS AFTER filing the notice 01 appeal, Check applicable boxes)
COM!IIONWEAl'rH OF PENNSYlVANIA
COUNTY 01'__ ;..
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Gommon' Pleas No, , upon the District Justice designated therein on
(date 01 service) 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
, 19_ 0 by personal service Dby (certitied) (registered) mail, sender's receipt attached hereto.
and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the flule was addressed on , 19~D by personal service by (certified) (registered)
meil, senders receipt attached herelo.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ____ DAY OF ____,19_
Signature affiant
Signature of official befom whom afftdavit was !nacls
riiie of official
My commission expires on
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THIS IS TO NOTIFY YOU THAT:
[!] j~~~:~:\~a;e~t~red for: . (N~me) ~r~:ii~s
o Judgment was entered against DENNIS , TANISHA
i.XJ LandlordlTenant action in the amount of $ 81. 50 on 3/08/01
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ .00
. Total Amount Established by DJ Less' Security Deposit Apoliild = Adjudicated Amoust
Rent In Arrears $ .00 -$ .'00 = $ . 0
P,h, ysical Dama"ges Leasehold Properly $ , . 0 0 $ " . 00 $ . 00
,DamageslUnjustDetention" ".$ _00-$ 00 $ , _00
LessAmt DueDefendant from GrOSS Complaint' - $ .00
, 'Interest (if provldedoy lease) $ 00
UT JUdgnient Amount $ 00
Judgment Costs ' $ 81. 50
Attorney Fees $ 00
TotalJudgment $ 81.50
Post Judgment Credits $
Post Judgme~! Costs ! $
Certified JU6g'rfi6rit Total !.% i, ,
Yc Ime 0 eVlc Ion. .
D Defendants are jointly and severally liable.
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COMMONWEALTH OF PENI'\JSYL\/ANIA
COUNTY OF: CUMBERLAND
Mag. Disl. No.:
09-1-01
OJ Name; Hon.
~,ES A. CLEMENT, JR.
Add",,, 1106 CARLISLE ROAD
CAMP HILL, PA
Tel'phon" (717) 76:1-4940
17011
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TANISHA DENNIS
2202 D CEDAR'RUN DR
CAMP HILL, PA 17011
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D Attachment Prohibited!
" ,Victim of Abuse ~~cl ~,1?96) /,{
D This case dismissed without prejudice. '
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Possession granted.
Pos~J5ii(Wgr~ted if moneyijudgrhentis no sa IS Ie
Possession not granted.
D Let<y is' stayed for days or D gE!nerally stayed,
D Objection to Levy has been filed and hearing will be held:
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'NdTICEOFJ!.lJ)~IVIENT/TFtANSCRrPT
PLAINTIFF' RESIDENTIAL LEASE
rr' NAME and ADDRESS
ORCHARD APARTMENTS .,
2204 CEDAR RUN DRIVE
CAMP HILL, PA 17011
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VS.
DEFENDANT: NAME and ADDRESS
IoENNIS, TANISHA
2202 D CEDAR RUN DR
CAMP HILL, PA 17011
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Docket No.: LT- 0000108 - 01
Date Filed: 2/21/01
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(Date of Judgment)
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Date: Place:
Time:
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IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDfi~sNT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE:.,,RRt).TH'Qlil(jtAl;j,.Y/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INGLUDE AN APPEALgFJ:~~M9~4!PGN!,ENT, IF ANY, IN
ORDER TO OBTAIN ASUPERSEDEAS, THE APPELLANT MUST DEPOSIT WIT, ',H,TH, E PRO, THONq:rA..,1it !VI'C,~E~,o~Cq~f1TS}HE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APP,EAL ISfIL''IItl'. ,,:, "''''!;' '" \
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION pF A JUDGMENT INVOLV'NC;.f~,IQ,tNt!Al,LEASE,t' ~RTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT-IN WHICH TO FILEA NOTICE OF APpE}IiWrlf.l THE PRPT'HONO,R't/CLERK OF
~~~:~~~~ ~~I~g~~R:~:E~~~~~ ~~~~~C:~pf~I~~ NO~ MENTlTR~~, ~t!FO,\'lM.,",WI~~,T~~JTI~E OF APPEAL.
MAR 8 - 2001 Date ~ L{. -~, " ':l<'O\stri~tJu$': 'I '
cerll y t at t IS IS a true an correct GOPy 0 t e recor 0 t e procee Ings contallJln. , .;,~a, g\O~~ ,; "
Date ' BfS\Tl!!f Justice
My commission)3]<pires first Monday of January, 2002.
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C_II!lO~EALTHIb,.PE"''''sYLVANIA ....' ,. '.' . '. 'NO'ICEI~t~'PPEAL .
li~OuRT OHQl\llMoON PLEAS '. . .'
F~
DISTRI(J jU~JJC:EJUDGMENT
COMMON PLEA$ No. 01- /lJ3? (.,; Ii; I
NOTICE OF APPEAL /I1o<-th \3, ;;too \
No~ce isg~"", Itjc!ttheapt:\~"ant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and, in the ic!l5li rneriIianl!d below.. .
d
,
JUDICljlL DISTRICT
!
NAMEOf~!<r;' .'
. "anI sit c
ADDR OF Il1d'!4T
226 z... D
DA.1l OF .Jl.OG -'lENT
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UAIM NO.
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'( (Defendant)
frrtm,onts vs. -ranISf". t-!M/1.ruS
SIGNATURE OF APPElLANT R HIS ATTORNEY OR AGENT
~ 'O.lU ~D..c- s. befLf~};
""Yl. "'~.'~ ~,NO. Oil: NAMEr D.J.
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P ,STATE
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puty
If apPel/ant Was CLAIMANT (see 'Pa. R.CP.J.P. No.
1001(6) in ;;ipt~on before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
tiling his NOnCE of APPEAL.
": ,\. I.~ '. ..... . .~,:,LE TO FILEcOMPLAINT AND RULE 10 FILE
(This seclion of fQn-n to be usedbfi/LY<Viiherl '$pet/ant was DEFENDANT (see Pa. R.CP.JP. No. 1001(7) in action before! Dislrict Justice.
IF NOT USED, detach from.cOf'Y"'t. notic~ at. appeal/a be served upon appellee).
PRAECIPE: To Prothonotary 'i\
"~nterruleupon .' UrChtLrD A-pttrhrunfs
" ('J Name of appetlee(si
,;(001- }It ~lS
) within twenty (20) days after servi
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, appellee(s), to file a complaint in this appeal
(Common Pleas No.
. of rule or suffer entry of judgment of non pros.
ItuJ tift ~ l~tLWI s
Sig"ature of appeHant or his attorney or agent
RULE: To
DrcActrD .... Apu- tm anti
Naine of appel/f;lefsJ
, appellee(s).
(1) You are no~fied that a rule is hereby entered upon you to file a complaint in this appeal. withi~tvlenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered moil. ~if".~;"\"\'\.i\\'..,
(2) If you do not file a <<?mplaintwithin this' time, a JUDGMENT OF NQN PROS WILl.8E E~A'i~A~;,~;~;!'(.,it
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(3) The date. of ~rvice o(tWs rule if service was by mail is the date of maili"9'.:J'J;; ,,' 'C-)
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AOPC 312.84
C.OURTFILE '
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable bOXG")
COMMONWEALTH OF PENNSYLVANIA
COUNTVOF Cqm/Je~/q.1C1 ;..
AFFIDAVIT: I hereby swear or affirm that I served C,'.,;/ Tn"'"
~Opy of the Notice of Appeal. G,?rnmon Pleas No, OJ.-lo/S"6 ,upon the DistricUustice designated t"l:rein o.n
(date of service) ,/11 tlr-M ! 'f ~ 01 t'~ll, Il.rby personal service 0 by (certified) (registered) mall. ~der s
receipt attached hereto, and upon the appellee, (name) CJrch.'n{ A.<:h"'f""'..../J1)5 "!j,.Q!.1
/)'}q<",eh 14 ,:fttJ!;>! 0 by personal servicelff6y (certified) ( :]~L_j) mail, sender's receipt attached hereto,--'
[3""'and further that I served the Rule to Filea Complaint accompanying the above Notice of Appeal upon the appellee(s} to whom
the Rule was addressed on ,/Y) arC' i,.,- It! ,;P:rKJ; 0 by personal service ~(Certified) ~i5+-,n."'Oij:.
mail, sender's receipt attached hereto. ~ __ __~__
~:I~RN (AFFIRMED) ::~ :~BSCRIBED BEFO.R;9~~_j)ih~XfL 5.
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M/Ul/1
Signature of affiant
Signature of official before whom affidavit was made
Tille of official
My commission expJres on
,19-
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 P.S.
Section 4904, relating to unsworn falsification to
authorities.
Return Receipt Fee
:=:1 (Endorsementflequired)
CJ Restricted Delivery Fee
CJ (Endorsement Required)
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Tanisha Dennis
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ORCHARD APARTMENTS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
TANISHA DENNIS,
: NO. 01-1438 CIVIL TERM
AFFIDAVIT
1. I, Tanisha Dennis, am the defendant in the above-captioned action, which is an appeal
from a judgment rendered by District Justice Clement on March 8,2001, awarding Plaintiff
possession of the apartment in which I reside.
2. My rent for this apartment, located at 2202D Cedar Run Drive, Camp Hill,
Cumberland County, Pennsylvania is $0 per month. My rent is subsidized by HOD.
3, 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: c3 - /'1- 0 f
..JtlilJPAIJ,.. S, /jp /1JL0
Tanisha Dennis, Defendant
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001- 1438 CIVIL TERM
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel for the defendant, Tanisha Dennis, in the above-
captioned matter.
Jilt/OJ
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CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certify that I am this 15th day of March, 2001, serving a copy
of the foregoing Praecipe to Enter Appearance upon the plaintiff at the following address by first-
class U.S. mail, postage prepaid:
Orchard Apartments
2204 Cedar Run Drive
Camp Hill, P A 17011
Philip C riganti
Counsel for Defend t
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
.
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1438 CIVIL
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
NOTICE
TO DEFENDANT NAMED HEREIN:
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 written appearance personally
or by attorney and filing in writing with the Court your
defenses 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 judgment may be entered against you by the
Court without further notice for any money claimed in the
Complaint or for any other claim 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
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NOTICIA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus
obj eciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previa aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Date:
'i/1 (vi
P.C.
ed,
. Cunningham, Esquire
.D. 3144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
NO. 2001 - 1438 CIVIL
v.
CIVIL ACTION - LAW
TANISHA DENNIS,
Defendant
COMPLAINT
AND NOW comes the plaintiff,
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, by and through its
attorneys, Cunningham & Chernicoff, P.C. and files this
Complaint in ejectment and in assumpsit and in support thereof
avers the following:
1. Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS, is a limited partnership which is
registered with the pennsylvania Department of State having a
registered address of 2204 Cedar Run Drive, Camp Hill,
Cumberland County, Pennsylvania.
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2. The Defendant, TANISHA DENNIS, is an adult
individual who resides at 2202-D Cedar Run Drive Ext., Camp
Hill, Cumberland County, Pennsylvania.
3. At all times material to Plaintiff I s cause of
action, Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS, has been the legal owner of the tract of
land on which the building in which the Defendant resides is
sited.
4. On or about February 11, 2000" Defendant, TANISHA
DENNIS, executed an Apartment Lease Agreement by the terms of
which the Defendant leased from the Plaintiff the premises
known as 2202-D Cedar Run Drive Ext., Camp Hill, Cumberland
County, Pennsylvania for a term to expire on March 31, 2001,
at a monthly rental of Thirty One and 00/100 Dollars ($31.00).
A true and correct copy of the Lease Agreement and
certification are attached hereto, made part hereof and are
incorporated by reference as Plaintiff's Exhibit "P-1".
S. The Defendant, in executing the Lease Agreement,
agreed to abide by the terms set forth in the Lease Agreement
2
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which specifically states in Paragraphs 3 and 15 that rent is
due and owing on the first (1st) day of each month and if rent
is not paid by the fifth (5th) day of each month, the
Plaintiff may collect a fee of Five and 00/100 Dollars ($5.00)
on the sixth (6th) day of the month and thereafter the
Plaintiff may collect One and 00/100 Dollar ($1.00) for each
additional day the rent remains unpaid during the month it is
due.
6. The Defendant failed to pay rent in accordance with
Paragraphs 3 and 5 of the Lease Agreement for the month of
December, 2000.
7. The Defendant failed to pay rent in a timely manner
in accordance with paragraphs 3 and 5 of the Lease Agreement
for the months of March, 2000; June, 2000; July, 2000; August,
2000; September, 2000; December, 2000; and January, 2001.
COUNT I - IN EJECTMENT
8. Plaintiff incorporates by reference Paragraphs 1
through 11 of the Complaint as if more fully set forth herein.
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9. Plaintiff's agent, Deb Anstine, after a total review
of the Defendant's tenancy history, reached a decision to
terminate the Defendant's Lease Agreement and/or not to renew
the Defendant's Lease Agreement for the following reasons:
(al Defendant's failure to pay rent in a
timely manner by the fifth (5th) day of each month
for the months of March, 2000; June, 2000; July,
2000; August, 2000; September, 2000; and December,
2000, all of which represents a substantial
violation of the Lease Agreement, the Rules and
Regulations of the apartment complex and HUD
Regulations, specifically Paragraphs 3 and 23 of
the Lease Agreement and Section 4-18 of the HUD
Technical Handbook, HUD Transmittal 4350.3 and
represents adts of material non-compliance with the
terms of the Lease Agreement as that term is
defined in Paragraph 23 of the Lease Agreement and
the applicable HUD regulations.
(bl Defendant's failure to pay rent for the
month of December, 2000, all of which represents a
substantial violation of the Lease Agreement, the
4
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Rules and Regulations of the apartment complex and
HUD Regulations, specifically Paragraphs 3 and 23
of the Lease Agreement and Section 4-18 of the HUD
Technical Handbook, HOD Transmittal 4350.3 and
represents acts of material non-compliance with the
terms of the Lease Agreement as that term is
defined in Paragraph 23 of the Lease Agreement and
the applicable HUD regulations.
10. On or about December 6, 2000, the Defendant was
properly served by first-class mail and by personal service a
proposed Notice to Quit as required by current federal
regulations and Pennsylvania statutory law. A true and
correct copy of the Proposed Notice to Quit is attached
hereto, made part hereof and is incorporated by reference as
Plaintiff's Exhibit "P-2".
11. On or about December 18, 2000, the Defendant was
properly served by first-class mail and by personal service a
Final Notice to Quit as required by current federal
regulations and pennsylvania statutory law. A true and
correct copy of the Final Notice to Quit is attached hereto,
5
II
made part hereof and is incorporated by reference as
Plaintiff's Exhibit IP-3".
12. The Defendant, although requested to do so by
Plaintiff, has refused to surrender the premises known and
nUmbered as 2202-D Cedar Run Drive Ext., Camp Hill, Cumberland
County, Pennsylvania to the Plaintiff and has since the time
she received the Proposed Notice to Quit and Final Notice to
Quit has continued to remain in possession of said apartment.
13. The Defendant's failure to timely pay rent and
repeated late payment of rent, are substantial violations of
the terms of the Lease Agreement, are acts of material non-
compliance with the Lease Agreement, and are violations of
Paragraphs 3, 15 and 23 of the Lease Agreement and the
applicable HUD Rules and Regulations.
WHEREFORE, plaintiff demands entry of judgment in favor
of the plaintiff and against the Defendant, TANISHA DENNIS, on
the issue of material non-compliance with the terms of the
Lease Agreement, Rules and Regulations of the apartment
complex and HUD Regulations and further plaintiff demands it
be granted possession of the premises known and numbered as
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2202-D Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania, together with costs and interest.
COUNT II - IN ASSUMPSIT
14. Plaintiff incorporates by reference paragraphs 1
through 13 of the Complaint as if more fully set forth herein.
15. During the pendency of this litigation, rent will
accrue and mayor may not be paid by the Defendant to the
Plaintiff.
16. In that event, Defendant fails to pay rent during
the pendency of this litigation, Plaintiff seeks payment of
rent and damages, if any, due and owing until the conclusion
of this litigation.
WHEREFORE, the Plaintiff demands entry of judgment in
favor of the plaintiff against the Defendant, TANISHA DENNIS,
for any rent, late fees and/or damages incurred and unpaid
from the date of the filing of this Complaint to the
7
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conclusion of this litigation, together with interest and
costs.
Date:
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bl\docs\complain\orchard.den
II
Respectfully submitted,
, p.C.
J. rdan D. ingham, Esquire
.D. #231 [4
2320 North Second street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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VIIn.yo..'1'rON
I, Deb Ansti:c.e. Site Manager, Orcharcl1\;Partments, verify
that tt\e state:lleuts made in the foregoing COlllplil.int axe txue
aud co:r::reet. to the best of my lmowledge, ~nformation and
,
~elief. I unde:r:stand that false st~tements herein are made
sUbject to the penalc1s8 of 18 ~a. C.S.A, '4904, relating to
unsworn falsification to authorities.
*-~
eJ) tine, S~ e Manager
O:r:cha:d Apartments
Date: 1/~rO/
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RESIDENTIAL LEASE AGREEMEN1'
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1. PARTIES AND DWElLlIllG UNIT:
ORCHARD APARTMENTS
The parties to this Agreement are
to as the Landlord, and DENNIS, TANISHA
as the Tenant The landlord leases to the Tenant unit number 2202 - D CEDAR RUN
located at 2201 CEDAR RUN DRIVE, CAMPHILL, PA 1.7011
OHCHARD APARTMENTS
, referred
, referred to
in the project known as
2. LENGTH OF TIME (TERM):
The ihiUalterm of this Agrf:lement shall begin on
MARCH 31, 2001
of one MONTH
FEBRUARY 11,2000
and end on
. After the initial term ends, the Agreement will continue for successive terms
each unless automatically terminated as permitted by paragraph 23 01 this Agreement
3. RENT:
The Tenant agrees to pay iii 19 . 00 for the partial month ending on 2 - 2 9 - 2 000 . After that, Tenant agrees to pay a rent of
$ 31.00 per rT1onth. This amount is due on the FIRST day of the month at 2204 CEDAR RUN DR.
CAMPHILL. PA 17011 RENTAL OFFICE
The Tenant understands that this monthly rent is less than the market (unsubsidlzed) rent due on this unit. This lower rent is available either because
the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) end/or because HUD makes monthly pay-
ments to the Landlord on behalf of the Tenant. The amount, if any, that HUD makes available monthly on behalf of the Tenant is called the tenant
asslslance payment and is shown on the "Assistance Payment" line of the Cerllfk:alion and RAcArlificalion of TAnanl Elioihllitv Form which is
Attachment No.1 to this Agreement.
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4. CHANGES IN THE TENANT'S SHARE OF THE RENT:
The Tenant agrees that thf:l amount of rent the Tenant pays and/or the amount of assistance that HUO pays on behalf of the Tenant may be changed
during the term of this Agreement if;
a. HUO or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUO procedures, that an increase in
rents is needed;
b. HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenant's share of the rent:
c, The income, the number of persons in the Tenant's household or other lactors considered in calculating the Tenant's rent change and HUD
procedures provide th(ltthe Tenant's rent or assistance payment be adjusted to retlec! the change:
d, Changes in the Tenanl's rent or assistance payment are required by HUD's recertification or subsidy termination procedures:
e. HUD's procedures for computing the Tenant's assistance payment or rent change: or
t The Tenant falls to prOvide info(mation on hislher income, family composition or other factors as required by the landlord.
The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the time frames and admin-
istrative procedures set forth in HUO's handbooks, Instructions, and regulations related to administration of multi-family subsidy programs. The
Landlord agrees to give the Tenant at least 30 days advance written notice of any Increase in the Tenant's rent except as noted In paragraphs 1 f,
15 or 17. The Notice will slate the new amount the Tenant Is required to pay, the date the new amount is effective, and t~e reasons for the change
in rent The Nollce will als() advise the Tenant that he{she may meet with the Landlord to discuss the rent change,
5. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS:
If the Tenant does not pay the full amount on the rent shown in paragraph 3 by the end of the 5th day of the month, the Landlord may collect a lee of
$20.00 on the 6th day of the month, Therealter, the Landlord may collect $1 a day after the 20th day of the month for each additional day the rent
remains unpaid during the month. The landlord may not terminate this Agreement lor the failure to pay late charges, but may terminate thisAgreement
for non-payment of rent, a~ explained in paragraph 23. The Landlord may collect a lee of $ ? 5 . 00 on the first or any additional lime
a check Is not honored for payment (bounces), The charges discussed in this paragraph are in addition to the regular monthly rent payable by the
Tenant
6. CONDITION OF DWELLING UNIT:
By signing this Agreement, the Tenant acknowledges that the unit is safe, clean and In good condition. The Tenant agrees that all appliances and
equipment in the unit are In good working order, except as described on the UnillMnl'lction Rllnort which is Attachment No.2 10 this Agreement.
The Tenant also agrees Ihalthe Landlord has made no promises to decorate, alter, repair or improve the unit, excepl as listed on the llnittns.oeelion
B<l>ml.
7, CHARGES FOR UTIlITIE:S AND SERVICES:
The following charts desctibe how the cost 01 utilities and services related to occupancy of the unit will be paid. The Tenant agrees that these charts
accurately describe the utilities and services paid by the landlord and those paid by the Tenant.
a, The Tenant must pay for the utilities;n column (f). Payments should be made directly to the appropriate utility company. The items in column
(2) are included in the Tenant's rent:
(1)
Put "X" by any Utility
Tenant Pays Directly
X
X
X
Type of Utility
(2)
Put "X" by any Ullllty
Included In Tenant Rent
X
X
X
Heat.......
lights, Electric"
Cooking......" '
Water..........
Other (Specily) Trash, Sewage.
Phone.... ...........-..."'''...
Caole"..........
All Utility Hook-ups",,,
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8. SECURITY DEPOSITS:
The Tenant has depositeQ $ 9 7 .00 with the Landlord, The Landlord will hold this security deposit for lhe period the Tenant
occupies the unit. After the Tenant has moved from the unit, the landlord will determine whether the Tenant is eligible for a refund of any or all of
the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures;
a. The Tenant will be eligible for a refund of the security deposit only if the Tenant provided the Landlord with the 30-day written notice of intent to
move required by paragraph 23, unless the Tenant was unable to give the notice for reasons beyond his/her control.
b. After the Tenant has moved from the unit, the landlord will inspect the unit and complete another IJnillmmection Reoort. The Landlord will
permit the Tenanlto ~articlpate in the inspection, ilthe Tenant so requests.
c. The landlord will refUnd to the Tenant the amount of the security deposit (plus interest computed at %,
beginning ), less; any amount needed to pay the cost of:
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(3) charges for Iqte payment of rl::; "and returned checks, as described in paragraph 5; atlu'
(4) charges for unreturned keys, as described in paragraph 9.
d. The Landlord agrees to refund the amount computed in paragraph Bc within days after the Tenant has permanently ~oved
out of the u~it, ret~rned possession of the unit to the Landlord, and give hislher new address to the Landlord. The Landlord will also give the
Tenant a written list of char9.es that were subtracted Irom the deposit. If the Tenant disagrees with the landlord concerning the amounts
deducte~ ~nd asks to meet wllh the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges.
e. If the umt IS rented by more than one person, the Tenants agree that they will work out the details of dividing any relund among themselves.
The landlord may pay the refund to any Tenant identified In paragraph 1 of this Agreement.
The Tenant understands that the landlord will not count the Security Deposit towards the last month's rent or toward repair charges owed by
the Tenantln accordance with paragraph 11.
9, KEYS AND lOCKS:
The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the
landlord. If the landlord approves the Tenant's request to install such locks, the Tenant agrees to provide the landlord with a key for each lock.
When this ~reement ends, the Tenant agrees to return all keys to the dwelling unit to the landlord. The landlord may charge the Tenant
$ 9. 3 for each key not r&turned. (Not to exceed what locksmith charges for each key not returned.)
10. MAINTENANCE:
a. The landlord agrees to:
(1) regularly clean all common areas 01 the project;
(2) maintain the common areas and facilities in a safe condition;
(3) arrange for collection and removal of trash and garbage;
(4) maintain all equipment and appliances In safe and working order;
(5) make necessary repairs with reasonable promptness;
(6) maintain exterior lighting in good working order;
(7) provide extermination services, if necessary; and
(8) maintain grounds and shrubs.
b. The Tenant agrees to:
(1) keep the unit clean;
(2) use all appliances, lixtures and equipment in a safe manner and only lor the purposes lor which they are intended;
(3) nollitter the grounds or common areas of the project;
(4) not destroy, delace, damage or remove any part of the unit, common areas, or project grounds;
(5) give the landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of
the unit or related facilities; and
(6) remove garbage and other waste from the unit in a clean and sale manner.
11. DAMAGES:
Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family or visitors, the Tenant agrees to pay:
a. Reasonable charges for all damages to the premises (including equipment and/or appliances supplied to the premises) and reasonable charges
for damage to the project buildings, facilities. or common areas negligently or intentionally caused by Tenant or Tenant's household or guests.
Said charges are to be made according to the current Schedule of M;!intAnMcA Charaes posted in the Management Office, and Tenant agrees
that payment of all such charges shall be made within thirty (30) days of the date charges are billed. I
b. Rent for the period the unit is managed whether or not the unit is habitable. The Tenant understands that HUD will nof make assistance pay-
ments for any period in which the unit is not habitable. For any such period. the Tenant agrees to pay the HUD-approved market rent rather than
the Tenant rent shown In paragraph 3 of this Agreement.
12, RESTRICTIONS ON ALTERATIONS:
The Tenant agrees not to do any of the following without first obtaining the landlord's written permission:
a, change or remove any part of the appllances, fixtures or equipment in the unit;
b. paint or Install wallpaper or contact paper in the unit;
c. attach awnings or window guards in the unit;
d. attach or place any fixtures, signs, or lences on Ihe bulldlng(s), the common areas, or the project grounds;
e. attach any shelves, screen doors, or other permanent improvements in the unit;
f. install washing machines, dryers, fans heaters or air conditioners in the unit; or
g. place any aerials, antennas or other electrical connections on the unit;
h. no water beds.
13. GENERAL RESTRICTIONS:
The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private
dwelling lor hlmself/herself and the individuals tisted on the Certification and Recertification nf TAnant Elinibilitv. The Tenant agrees to permit other
individuals to reside In the unit only alter obtaining the prior written approval of the landlord. The Tenant agrees not to:
a. sublet or assign the unit, or any part of the unit;
b. use the unit for unlawful purposes;
c. engage in or permit unlawful activities in the unit, in the common areas or on the project grounds;
d. have pets or animals of any kind in the unit without the prior written permission 01 the Landlord; or
e. In the event that during the term of the lease the Tenant should require the assistance of a live-in-Aide, in accordance with the HUD
Regulations, the aide shall not be allowed (0 remain in occupancy should the Tenant terminate this lease Agreement nor shall the live.in.Aide
have rights to survivorship of the unit.
1. Notwithstanding any other provision of this lease, the Tenant, members of the Tenant's household, guests of Tenant and other persons under
Tenant's control shall not engage in unlawful activity, including drug-related criminal activity, in the Tenant's unit or on the projecl premises, and
such unlawful activity shall be cause for termination of tenancy. "Drug.related criminal activity" means the illegal manufacture, sale, distribution,
use or possession of a controlled substance as defined in Section 10201 the United States Controlled Substances Act, 21 U.S. Code Section
802. Criminal conviction under Federal, state or local law shall not be a precondition lor termination of tenancy.
g. Tenant shall not pursue or conducl any business on the premises, nor shall Tenant display any signs of any type of description.
h. Tenant shall refrain Irom and cause Tenant's household and guests to refrain from destroying, defacing, damaging, or remOVing any part of the
premises of project.
Tenant shall not create or permit any disturbing noises in or about Tenant's dwelling unit by himself, his family, or guests; nor shall he, his family.
or guests interelere with or materially diminish the rights. comforts, or convenience of other Tenanl's or surrounding neighbors. Neither the
Tenant, his famity, nor his guests shall engage in any activity that would constitute an offense against persons, property, public order, or public
health or decency, or Ihat involves fraud, deception. firearms, or of her weapons.
j. Tenant shall not refuse the extermination services for rodent or insect infestation.
k. If heat is to be supplied by the Tenant, Tenant agrees to execute a third party notification with Landlord, Whereby the landlord will be formally
notified prior to the discontinuance 01 utility service by the utility supplier. Tenant agrees to furnish sufficient heat to the premises to prevent
damage to Ihe premises. If, for any reason, Tenant is unable to maintain sufficient heal, Tenant shalllmmedialely notify landlord. Tenant shall
pay lor any damages to the unit resulting from Tenanl's negligent or intentlonallailure to maintain suHicient heal or to notify landlord of the lack
of suflicient heat due 10 any cause beyond Tenant's control.
Tenant agrees to comply with landlord policies and directives, as well as the regulations and laws of all Federal, slale, municipal and local
governments regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash.
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14. RULES:
The Tenant agre~s to obey the House Rules which are Attachment No.3 to this Agreement. The Tenant agrees to obey additional rules established
after the effective date of this Agreement if: .
a. the rules are reasonably related 10 the safety, care and cleanliness of the building and Ihe safety, comfort and convenience of the Tenants; and
b. the Tenant receives written notice 01 the proposed rule alleast thirty (30) days before the rule is enlorced.
15. REGULARLY SCHEDULED RECERTIFICATIONS:
Every year around the FI RST day of NOVEMBER the Landlord wm requesl the Tenant to report the income
and composition of the Tenant's household and to supply any other information required by HUD for the purposes of determining the Tenant's rent
and assistance payment, II any. The Tenant agrees to provide accurate statements 01 this information and to do so by the dale specified in the
Landlord's request. The Landlord will verify the inlormation supplied by Ihe Tenant and use Ihe verilied information to recompule Ihe amount of the
Tenant's renl and assistance payment, if any.
a. If the Tenant does not submilthe required certiflcallon information by the date specified in the Landlord's request, the Landlord may impose the
following penalties. The Landlord may implement these penalties only in accordance with the administrative procedures and time frames
specified in HUD's regulations, handbooks and Instructions related to the administration 01 multi.family subsidy programs.
(1) Require the Tenant 10 pay the higher, HUD-approved market rent for the unit.
{2> Implement any mcrease in rent resulting Irom the recertification processing without prQ1liding the 3().day notice otherwise required by
paragraph 4 of this Agreement.
b. The Tenant may request to meet with Ihe Landlord to discuss any change In rent or assistance payment resulting from the recertification
processing. If the Tenant requests such a meeting, the Landlord agrees to meet wilh the Tenant and discuss how the Tenant's rent and assis.
tance paymenl, if any, were computed.
16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS:
a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately:
(1) Any household member moves out of the unit.
(21 Any adult member of the household who was reported as unemployed on the most recent certification or recertificafion obtains employ-
ment.
(3) The household's income cumulatively increases by $40 or more a month.
b. The Tenant may report any decrease in income or any change in other factors considered In calculating the Tenant's rent. Unless the landlord
has conlirmation that the decrease in income or change in other factors will last less than one month, the Landlord will verify the inlormation
and make the appropriate rent reduction. However, if the Tenant's income will be partially or fully restored wilhin two monlhs, the landlord may
delay the cermication process unlilthe new InCOme is known, but the rent reducllon will be retroactive and the landlord may not evict the Tenant
for nonpayment 01 rent due during the period of the reported decrease and the completion 01 the certlficallon process. The Tenant has thirty
(30) days after receiving written notice 01 any rent due for the above described time period to payor the Landlord can evict for nonpayment of
rent. {Revised 3/22/89.}
c. If the Tenant does not advise the Landlord of these interim changes, Ihe Landlord may increase the Tenant's rent to tha HUO-approved markat
rant. The Landlord may do so only in accordance with the time frames and administrative procadures set forth in HUD's regulations, handbooks
and instructions on the administration of multi-family SUbsidy programs.
d. The Tenant may requast to meet with the Landlord to discuss how any change in income or other lactors affected his/her rent or assistance
payment, if any. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assis-
tance payment, if any, was computed.
17, REMOVAL OF SUBSIDY:
a. The Tenant understands that assistance made available on t1isfher behalf may be terminated it events in eilherlitems (1 J or (21 below occur.
Termination of assistance means Ihatthe Landlord may make the assistance available to another Tenant and the Tenant's rent will be recom.
puted. In addition, if the Tenant's assislance Is terminated because of criterion (1) below, the Tenant wlll be required to pay the HUD-approved
market rent for Ihe unit.
(1) The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within ten (10) calendar days
after receipt of the Landlord's nolice or intent to terminate the Tenant's assistance payment.
(2) The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent
shown on Allachment 1.
b. The Landlord agrees to give the Tenant wrillen notice of the proposed termination. The notice will advise the Tenant that, during Ihe ten (10)
calendar days to/lowing the date of the notice, hefShe may request to meet with the landlord to discuss the prOPOSed termination 01 assistance.
lithe Tenant requests a discussion 01 the proposed termination, the Landlord agrees to meet with the Tenant.
c. Termination of assistance shall not affect the Tenant's other rights under this Agreement, Including the right to occupy the unit. Assistance may
subsequently be reinstated jf the Tenant submits the income or other data required by HUD procedures. the Landlord determines Ihe Tenant is
eligible for assistance, and assistance is available.
18. TENANT OBLIGATION TO REPAY:
It the Tenant submits lalsa Information on any application, certification or request for interim adjustment or does not report Interim changes in family
income or other factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less Ihan the amount reqUired by HUD's
rentlormulas, the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was
charged. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUO's procedures
for computing rent or assistance payments.
19, SlZE OF DWELLING:
The Tenant underslands that HUD requires the landlord to assign unUs according to the size of the household and the age and Sf>>( 01 the house-
hold members. If the Tenant is or becomes eligible lor a different size unit, and the required size unit becomes available, the Tenant agrees to:
a. move within thirty (30) days aller the Landlord notifies him/her that a unit of the required size is available within the project: or
b. remain in the same unil and pay the HUD-apptoved market 1enl.
20, ACCESS BY LANDLORD:
The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to
enter the Uflll only afler receiving the Tenant's consent to do so, except when emergency snuations make such notices ImpossIDJe 01 excepf under
paragraph (c) below.
a. The Tenant agrees to permit the Landlord, hisiher agents or other persons, when authorized by the Landlord, to enter the unit for the purpose
of making reasonable repairs and periodiC inspections.
b. After the Tenant has given a notice 01 Intent to move, the Tenant agrees to permillhe landlord to show the unit to prospective tenants during
reasonable hours.
c. If the Tenant moves before this Agreement ends, the Landlord may enler the unit to decorate, remodel, alter or otherwise prepare Ihe unit lor
re-occupancy.
21. DISCRIMINATION PROHIBITED:
The Landlord agrees not to discriminate based upon race, color, religion, creed, national origin, sex, age, handicap, membership in a class, such
as unmarried mothers or recipients 01 public assistance, or because tnere are children in the family.
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22. CH'ANGE IN R~NTAL AGREEMEN'I:
".,'
The Landlord may, with the prior approval of HUO, change the terms and conditions of this Agreement. Any changes will' become eff8ctive only at
the end of the initial term or a successivB term. The Landlord must notify the Tenant 01 any change and must offer the Tenant a new Agreement or
an amendmenllo the existing Agreement. The Tenant must receive the notice al least sixty (60) days before the proposed elfective date of the
change. The Tenant may accept the changed terms and conditions by signIng the new Agreement or the amendment to the existing Agreement and
returning It to the Landlord. The Tenant may reject the changed terms and conditions by giving the landlord written notice that hetshe Inlends 10
.terminate the tenancy. The Tenant must give such notice at leasllhirly (30) days before the proposed change will go into effect. II the Tenant does
not accept the amended Agreement, the Landlord may require the Tenanlto move from the project, as provided in paragraph 23.
23. TERMINATION OF TENANCY:
a. To terminate this Agreement, the Tenant must give the landlord thirty (30) days wrillen notice before moving from the unit If Ihe Tenant does
not give the full 30-day notice, the Tenanl shall be liable for rent up the end 01 the thirty (30) days for which notice was required or to the dale
the unit is re-rented, whichever date comes first .
b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, state and local law, and the terms
of this Agreement. The landlord may terminate this Agreement only for:
the Tenant's material noncompliance with the terms of this Agreement;
the Tenant's material failure to carry oul obligations under any State Landlord and Tenant Act; or
criminal activity that threatens the health, safety, or righlto peaceful enjoyment of the premises by other tenants or any drug-related crimi-
nal activity on or near such premises, engaged in by a tenant, any member of the Tenant's household, or any guest or other person under
the Tenant's control; or . ,
other ,good cause, which Includes, but is not limited to, the Tenant's refusal to accept the Landlord's proposed change to this Agreement
Terminations for "other good cause" may only be effective as of the end of any initial or successive term.
the term material noncompliance with the lease includes: (1) one or more substantial violations of Ihe lease; (2) repeated minor violations
of the lease that (a) disrupt the livability 01 the project, (b) adversely affectlhe health or salely 01 any person or the right 01 any tenant to
the quiet enjoyment of the leased premises and related project facilities, (c) interefere with the management of the project, or (d) have an
adverse financial elled on the project; (3) failure 01 the Tenant to timely supply all required information on the income and composition, or
eligibility factors, of the tenant household (including, but not limited to, failure to meet the disclosure and verification requirements for Social
Security Numbers, or tailure to sign and submit consentlorms for the obtaining of wage and claim information from Slate Wage Information
Collection Agencies), or to knowingly provide Incomplete or inaccurate information; and (4) non-payment of renl or any other financial oblig-
alion due under the lease beyond any grace period per milled under state law. The paymenl of renl or any other tinandal obligation due
under the lease after the due date but within the grace period permilled under sfate law constitutes a minor violation.
c. If the Landlord proposed to terminate this Agreement, the landlord agrees to give the Tenant written notice of the proposed termination. If fhe
landlord is terminating Ihis Agreement for ~other good cause," the termination notice must be mailed to the Tenant and hand-delivered 10 the
dwelling unit in the manner required by HUD at least thirty (30) days before the dale the Tenant will be required to move from the unit. Nolices
of proposed termination for other reasons must be given in accordance with any time frames set forth in stafe and local law. Any HUD-required
notice period may run concurrently with any notice period required by slate or local law. All termination notices must
specify the date this Agreemenl will be terminated;
state the grounds for fermination with enough detail lor the Tenant to prepare a delense;
advise the Tenant that he/she has len (10) days within which to discuss the proposed termination of tenancy with the Landlord. The 10-day
period will begin on the earlier of the date the notice was hand-delivered to the unit or Ihe day alter the date the notice is mailed. If Ihe
Tenant requests the meefing, the landlord agrees to discuss the proposed termination with the Tenant; and
advise the Tenant of his/her right 10 defend the action in court.
d. If an eviction is initiated, fhe Landlord agrees to rely only upon those grounds cited in the termination notice reqiired by paragraph (c).
24. HAZARDS:
The Tenant shall not undertake, or permit his/her family or guesfs to undertake, any hazardous acts or do anything that will increase the project's
insurance premiums. Such aclion consUtutes a material non-compliance. If the unit is damaged by fire, wind or rain 10 the edenf that fhe unit can.
nOI be lived in and the damage Is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up 10 the dale of the destruc-
tion. Additional rent will not accrue until the unit has been repaired to a livable condition.
25. PENALTIES FOR SUBMITTING FALSE INFORMATION:
Knowingly giving the Landlord false Information regarding income or other factors considered in determining Tenant's eligibility and rent is a mate-
ria! noncompliance with the lease subject to termination of tenancy. In addition, the Tenant could become subject to penalties available under
Federal law. Those penalties include lines up to $10,000 and imprisonment for up to five (5) years.
26. CONTENTS OF THIS AGREEMENT:
This Agreement and its Allachments make up the entire agreement between the landlord and the Tenant regarding the unit. II any court declares
a particular provision 01 this Agreement to be invalid or illegal, all other terms of this Agreement wil1 remain in effect and both the Landlord and the
Tenant will continue to be bound by them.
27. ATTACHMENTS TQ THE AGREEMENT:
The Tenant certifies that he/she has received a copy-of this Agreement and the following Attachments to this Agreemenl and understands that these
Attachments are part of this Agreement
a. AltachmHnl No 1 Form HUO-50059, Cerlificalion and Recerlitication of Tenant Eligibility
b. Attm:hmHnl No 2 Unltlnspeclion Report
c. AllachmHnl No 3-House Rules (if any)
28. SIGNATURES:
\)(
TENANT
By:
0tlnt(]}-, c.....-..
1.
s'
iJe..nn'("O
QJ- II c (j(J
Date Signed
2.
Dale Signed
3.
Date Signed
LANDLORD-ORCHARD APARTMENTS
~y !P~~ <~ ,
~TO L ftN.DLOt?J)
~-II-Oo
Dale Signed
.,-',- - ~ ~,
IR-203
5/82
PUPil
4/98
,
RimEWIIL '1'0 IlESIDEN1'IIIL LEIISE J\GIlBEMEN'1'
\
THIS HENEI1I1J, TO
this ,.,2 ?- L~ay of
TilE Residential Lease Agreement (Lease) is made
(:'6/l..u4iC..c/ ,200~, by and between
(Lilndlord) :nd -;;;;:;i~t.4 ~;U(:S (tenani:) .
OnClIl\lW l\Pl\HTI!1eNTS
NOW 1'lIEHEFOHE, IN CONSIDElUlTION of the Landlord entering into the
Residential Lease Agreement with Tenant, the independent promises and
covenants of each to the other. and the rent reserved, and intending to
be legally bound, Landlord and Tenant enter into this Renewal to the
Hesidential Lease Agreement and agree as follows:
1. 1'enant, upon signing this Renewal, agrees that the term of the
. Residential Lease Agreement shall be for (1)
da)' of hbt2.UA-o/
;:;;L'Ll.l-II12'1' dc<" , or until terminated according to the terms and
conditions of the Residential Lease Agreement. MONTH TO MONTH
20~ and ending
year beginning on the
u;d
on the ~ day of
~
;1 2. Tenant, in the event he desires to terminate the Residential
Lease Agreement, shall tender to the landlord written notice of Tenant's
desire to vacate the premises and said notice shall be tendered to the
landlord at least thirty (3D) days prior to the date 'I'cnant intends to
vacate the premises. If 'I'enant fails to tender the required thirty (30)
day written notice, he shall be liable for the monthly renta~ payment
for that thirty (30) day period of time together with any other damages
provided for in the' Residential Apartment Lease.
3. Tenant and Landlord agree that upon signing
monthly rental amount for Rental Unit No. ..2;::)O::L /}
/JCVl. ,-0
Of the total rent, $ ~~
this Renewal, the
shall be $ I ()/-/: e>V.
shall be payable by the Pennsylvania
Housing Finance IIgency as housing assistance payments on behalf of the
Tenant and $ . c:JS. rz' shall be payable by the Tenant in the following
manner:
/' / "0
(a) $ (/Jf n. as the estimated monthly utility cost for electricity,
The Tenant is responsible for paying the apartment electric bill to the
utility company.
(b) <- '/1 ..... > as the monthly rental payment to the Landlord.
These amounts shall be subject to cl1ange by reason of changes in
the Tenant's family income, family composition, or extent of exceptional
medical or oth~r unusl1i\l of Housing and Urban Development; or by reason
of adjustment by the Pennsylvania Housing Finance Agency or any applicable
Allowance for Utilities and other Services. Any such change shall be
effective as provided for in the Renewal.
IN WITNESS WHEREOF Tenant and Landlord have hereunto set their
hands and seals all as of the day and year first above writ-en.
\"IITNESS:
NDI,Q
(seal)
iPy'l
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rchard
APARTMENTS
2204 CEDAR RUN DRIVE EXTENDED
CAMP HILL, PA 17011
(717) 763-0937
FAX (717) 730-9323
TOD (800) 497-3843
NON-INCOME AFFIDAVIT
I, \ ....\..\.\ ~lJ.l.. k 1~ ~ , residing at; 22 O~J\ Cedar Run Drive, Camp Hill, PA
17011, do hereby swear and affirm that I DO NOT have any income. This includes but is not limitedto
income from any of the following:
1. Wages, Public Assistance/Welfare (ADC, GR, etc.), Social Security, SSI, etc.;
2. Child Support or Alimony.
3. Regular monetary gifts from family or friends, etc.;
4. Assets (homes, stocks, etc.; this includes inherited property);
5. Interest income from Savings, Checking, Christmas Club and other bank accounts, IRA's,
Certificates of Deposit, Money Market Funds, Credit Unions, etc.;
6. U.S, Savings Bonds, Stocks or Bonds of any kind;
7. Pensions, Annuities, Retirement Funds, etc. (this includes benefits you may receive from being
a benefiCiary of a life insurance or retirement plan);
8, Real Estate Property, etc.;
9. ANY INCOME, EARNED OR UNEARNED.
WARNING: Section 1001 of Title 18 of the U.S. code makes it a criminal offense to make willful false
statements or misrepresentation of any material fact involving the use or obtaining of Federal Funds.
Also, Paragraph 25 of your Lease Agreement states: "Knowingly giving the landlord false information
regarding income or other factors considered in determining tenant's eligibility and rent is a material
noncompliance with the lease, subject to termination of tenancy."
,
..{~0:- btULuS
Resident! Applicant Signature
Signed this, the ~gt:Lday of
\='ehQ..\.L4R...j , 200 I.
"
,.
'( ~ '_.-~.
,~ J
,
~". ~
"~_.
READ THIS BEFORE YOU COMPLETE AND SIGN THIS FORM HUD-50059
. . .
PRIVACY ACT STATEMENT. The Department of Housing and Urban Development (HUD) is
authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et.
Seq.); the Housing and Urban-rural Recovery Act of 1983 (P.L. 98-181); the Housing and Community
Development Technical Amendments of 1984 (p.L. 98479); and by the Housing and Community
Development Act of 1987 (42 U.S.C. 3543). The information is being collected by HUD to determine an
applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and
utilities. HUD uses this information to assist in managing certain HUD properties, to protect the
Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public
Housing Authority (PHA) may conduct a computer match to verify the information you provide, This
information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil,
criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise
disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the
information requested, including the Social Security Number (SSNs) you, and all other household family
members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility.
Failure to provide any information may result in a delay or rejection of your eligibility approval.
TENANT(s)' CERTIFICATION. IIWe certify that the information in Parts II, III, and IV of this form are
true and complete to the best of my/our knowledge and belief. I1We understand that I1We can be fined up to
$10,000, or imprisoned op to five years, or lose the subsidy HUD pays and have my/our rent increased, if
I1We furnish false or incomplete information.
OWNER'S CERTIFICATION. I certify that this Tenant's eligibility, rent and assistance payment have
been computed in accordance with HUD's regulations and administrative procedures and that all required
verifications were obtained. .
WARNING TO OWNERS AND TENANTS. By signing in part VIII of this form, you are agreeing with
the applicable Certification.
FALSE CLAIMS STATEMENT. Warning: U.S. Code, Title 31. Section 3729, False Claims, provides a
civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any
person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly
makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a
false or fraudulent claim allowed or paid.
PUBLIC REPORTING BURDEN. The reporting burden for this collection of information is estimated to
average I hour per response, including the time for reviewing instructions, searching existing date sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Reports Management Officer, Office of Information
. Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600;
and to the Office of Management and Budget, Paperwork Reduction Project (1502-0204), Washington, D.C.
20503. Do not send this completed form to either of these addresses.
,
. fV7/JJe-fu::- !:x.J...UU5
.A:~lMk>'
Tenant Signature
d':J8-j)
Date
Form HUD-50059 (8/87)
Ref. Handbook 4350.3
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PROPOSED NOTICE TO OUlT
TO: Tanisha Dennis
2202 D Cedar Run Drive Extn.
Camp Hill, Pennsylvania 17011
DATE: December 6, 2000
YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered
for termination because you have committed various substantial and minor violations of the lease
agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the
Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of
which constitutes 'Eaterial non-compliance" which term, as outlined in Paragraph 23 of the lease
agreement, is defined in part as: "material non-compliance" includes, but it not limited to, non-payment of
rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30)
days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting
unauthorized persons te live in the unit; serious or repeated damages to the unit or common areas; creation
of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants;
failure to repay unauthorized assistance paYments; and giving the landlord false infoimation regarding
income or other factors considering in determining the tenant's rent". .
The substantial and repeated minor violations of your lease are as follows:
(I) Failure to pay rent for the month(s) of: December, 2000 in the amount of Thirty-One and
00/100 Dollars ($31.00) plus late fees, in violation Paragraphs 3, 5 and 23 of the lease
agreement and Paragraph 4-18 ofHUD Transmittal 4350.3.
(2) Failure to pay rent in a timely marmer by the first day of the month and no later than the fifth
day of the month as required by Paragraphs 3, 5 and 23 of the lease agreement and Paragraph
4-18 ofHUD Transmittal 4350.3.
As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of
the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and
have forfeited your right to continue possession of your apartment unit.
Page One of , Three
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THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the
leased unit you now occupy at the above address, within the complex know as Orchard Apartments within
thirty (30) days from the date of service of this Notice, but in no event later than January 31, 2001. In the
event you remain in possession of the leased unit beyond January 31, 2001, the date specified for
termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can
seek to enforce the termination of the lease agreement and secure your removal from the leased unit only
by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial
proceeding for and eviction is instituted, you may, at that time present a defense.
Department of Housing and Urban Development (HUD) Regulations provide that you ten (10)
days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed
Notice by telephoning the office, visiting the office, or by writing a letter.
ORCHARD APARTMENTS
I
Served this 6th day of December, 2000.
ATIENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 10 explicare,
Page Two of Three
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FINAL NOTICE TO OUIT
TO: Tanisha Dennis
2202 D Cedar Run Drive Extended
Camp Hill, Pennsylvania 17011
DATE: December 18,2000
YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is terminated because
you have committed various substantial and minor violations of the lease agreement, applicable Housing
and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and
of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance"
which term, as outlined in Paragraph 23 of the lease agreement, .is defined in part as: "material non-
compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under
state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of
this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious
or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated
interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance
payments; and giving the landlord false information regarding income or other factors considering in
determining the tenant's rent". .
The substantial and repeated minor violations of your lease are as follows:
(I) Failure to pay rent for the month(s) of; December 2000 in the amount of Thirty-One and
00/100 Dollars ($31.00) per month plus late fees, in violation Paragraphs 3, 5, and 23 of the
lease agreement and Paragraph 4-18 ofHUD Transmittal 4350.3.
(2) Failure to pay rent in a timely manner by the first day of the month and no later than the fifth
day of the month as required by Paragraphs 3, 5 and 23 of the lease agreement and Paragraph
4-18 ofHUD Transmittal 4350.3.
As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of
the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and
have forfeited your right to continue possession of your apartment unit.
Page One of Three
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THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the
leased unit you now occupy at the above address, within the complex know as Orchard Apartments within
thirty (30) days from the date of service of this Notice, but in no event later than January 31, 2001. In the
event you remain in possession of the leased unit beyond January 31, 2001, the date specified for
termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can
seek to enforce the termination of the lease agreement and secure your removal from the leased unit only
by initiation a judicial action as required by HUD Transmitta14350.3, Paragraph 4-21.
If you fail to heed this Notice, and remain in the leased unit beyond the date specified for
termination herein, I shall be compelled to proceed against you as the law directs, To enforce termination
of this lease agreement, and secure your removal from the leased unit, I shall be required to initiate a
judicial action as required by by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for
eviction is instituted, you may at that time present a defense.
ORCHARD APARTMENTS
Served this 18th day of December, 2000.
ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 10 explicare.
Page Two 04Three
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AFFIDAVIT OF SERVICE
The undersigned does hereby verify that he/she served the Final Notice to Quit by placing the Final
Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the
18th day of December, 2000. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. "
son, Assistant Manager
The undersigned does hereby verify that he/she s ed the Final Notice to Quit by one of the two
methods set forth belO\y:
Personally handing the Final Notice to Quit to the tenant or an adult person -
answering the door at the tenant's apartment on the 18th day of December, 2000.
xx By placing Final Notice to Quit under or through the tenant's door and/or posting the
the Final Notice on the 18th day of December, 2000.
(Method of service employed evidenced by checked box.)
I understand that false statements herein are made subject t
94904, relating to unsworn falsification to authorities.
of 18 Pa. C.S.A.
on, Assistant Manager
,
Page Three of Three
.
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1438 CIVIL
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy
of the COMPLAINT in the above captioned matter by placing the
same in the united States mail, first-class, postage prepaid,
in Harrisburg, pennsylvania on April 9, 2001 addressed to:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
Date: April 9. 2001
P.C.
d,
. cunningham, Esquire
3144
232 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for plaintiff)
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2001- 1438 CIVIL TERM
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Orchard Apartments
You are hereby notified to file a written response to the attached Preliminary Objections
to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be
entered against you.
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Philip C. . . ganti .
Counsel for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Date
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2001- 1438 CIVIL TERM
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
COMES NOW the defendant, Tanisha Dennis, by connsel, Philip C. Briganti, Esquire,
MidPenn Legal Services, and files the following Preliminary Objections to Plaintiff's Complaint:
1. Petition Raisin!! Onestion of Subiect Matter Jurisdiction
1. On February 8, 200 I, Plaintiff served Defendant with a Proposed Notice to Quit. A
copy of this Notice is attached hereto, incorporated by reference and marked as Defendant's
Exhibit "A."
2. This Notice, in part, stated as follows:
"THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession
of the leased unit you now occupy at the above address, within the cQmplex known as Orchard
Apartments within thirty (30) days from the date of service of this Notice, but in no event later
than March 31, 2001. In the event you remain in possession of the leased unit beyond March 31,
200 I, the date specified for termination herein, and fail to deliver the possession of the leased
unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and
secure your removal from the leased nnit only by initiation (sic) ajudicial action as required by
HUD Transmittal 4350.3, Paragraph 4-21." See Defendant's Exhibit "A", page 2.
3. On February 21, 2001, Plaintiff filed a Landlord and Tenant Complaint before
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District Justice Charles A. Clement, Jr., the caption of which action is Orchard Aoartments v.
Tanisha Dennis, Docket No. LT-0000108-01. A copy of this Landlord and Tenant Complaint is
attached hereto, incorporated by reference and marked as Defendant's Exhibit "B."
4. The action presently pending before this Court is an appeal taken from the judgment
on said Landlord and Tenant Complaint rendered by District Justice Clement on March 8, 2001,
following a hearing on the same date.
5. Because Plaintiff filed the above-stated district justice Landlord and Tenant Complaint
against Defendant before the lease termination date specified in Plaintiffs Proposed Notice to
Quit, and because the district justice hearing was held and a judgment rendered before said date,
District Justice Clement lacked, and this court cannot assert on appeal, jurisdiction over the
subject matter of this action,
WHEREFORE, Defendant respectfully requests that this action be dismissed, and that
she be granted such other and further relief as this court may deem reasonable and just.
II. Demurrer
6. Defendant repeats and incorporates by reference her averments set forth above in
Paragraphs I through 5.
7. Plaintiff s Complaint fails to state a claim for which relief can be granted.
WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed, and that she
be granted such other and further relief as this Court may deem reasonable and just.
III. Motion to Strike OffComolaint for Failure to Conform to Rule of Court
8. Count I of Plaintiffs Complaint seeks the ejectment of Defendant.
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9. Pa. R.C.P. No. 1054, governing actions in ejectment, provides as follows:
(a) The plaintiff shall describe the land in the complaint.
(b) A party shall set forth in the complaint or answer an abstract of the title upon
which the party relies at least from the common source of the adverse titles of the
parties.
10. Plaintiff's Complaint does not properly describe the land.
II. Plaintiff's Complaint fails to set forth an abstract of the title upon which the plaintiff
relies at least from the common source of the adverse title ofthe parties.
WHEREFORE, Defendant requests that Plaintiff's complaint be stricken for failure to
conform to the Pennsylvania Rules of Civil Procedure.
Respectfully submitted,
Philip C. 19anti
Counsel for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2001- 1438 CIVIL TERM
TANISHA DENNIS,
Defendant
CIVIL ACTION - LAW
VERIFICATION
The above-named defendant, Tanisha Dennis, verifies that the statements set forth in the
foregoing pleading are true and correct. Defendant understands that false statements herein are
made subject to the penalties of 18 P.S. 94904, relating to unsworn falsification to authorities.
~/;u('l~llL S . ~s
Tanisha Dennis, Defendant
Date:-4-n- D (
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PROPOSED NOTICE TO OUlT
TO: Tanisha Dennis
2202 D Cedar Run Drive Extended
Camp Hill, Pennsylvania 17011
DATE: February 8, 2001
YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered
for termination because you have committed various substantial and minor violations of the lease
agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the
Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of
which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease
agreement, is defined in part as: "material non-compliance" includes, but it not limited to, non-payment of
rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30)
days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting
unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation
of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants;
failure to repay unauthorized assistance payments; and giving the landlord false information regarding
income or other factors considering in determining the tenant's rent".
The substantial and repeated minor violations of your lease are as follows:
(1) Failure to pay rent for the month(s) of: January and February 2001, in the amount of Thirty-
One and 00/100 Dollars ($31.00) per month, plus late fees, in violation Paragraphs 3, 5 and 23
of the Lease Agreement and Paragraph 4-18 ofHUD Transmittal 4350.3,
(2) Failure to pay rent in a timely manner by the first day of the month and no later than the fifth
day of the month as required by Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph
4-18 ofHUD Transmittal 4350.3.
(3) Failure to reimburse Landlord within thirty (30) days for repairs as required by Paragraph II a
of the Lease Agreement.
As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of
the lease agreement, rules and regulations of Orchard Apartments, and applicable HUD regulations, and
have forfeited your right to continue possession of your apartment unit.
Page One of Three
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THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the
leased unit you now occupy at the above address, within the complex know as Orchard Apartments within
thirty (30) days from the date of service of this Notice, but in no event later than March 31, 200 I. In the
event you remain in possession of the leased unit beyond March 31, 2001, the date specified for
termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can
seek to enforce the termination of the lease agreement and secure your removal from the leased unit only
by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial
proceeding for and eviction is instituted, you may, at that time present a defense.
Department of Housing and Urban Development (HUD) Regulations provide that you ten (10)
days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed
Notice by telephoning the office, visiting the office, or by writing a letter.
Served this 8th day of February, 2001.
ssistant Manager
A TTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 10 explicare.
Page Two of Three
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AFFIDAVIT OF SERVICE
The undersigned does hereby verify that he/she served the Proposed Notice to Quit by placing the
Proposed Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return
address, on the 8th day of February, 2001. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsific tion to authorities.
Keith W. To, ssistant Manager
The undersigned does hereby verify that he/she serve e Proposed Notice to Quit by one of the
two methods set forth below:
Personally handing the Proposed Notice to Quit to the tenant or an adult person
answering the door at the tenant's apartment on the 8th day of February, 2001.
x
By placing Proposed Notice to Quit under or through the tenant's door on the 8th
day of February, 2001, and/or Posting the Proposed Notice to Quit on the tenant's
door.
(Method of service employed evidenced by checked box.)
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
94904, relating to unsworn falsification to authorities.
Page Three of Three
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vUMMUNWEAL TH OF PENNSYcVANIA
, COUNTY OF: CUMBERLAND
17011
LANDLORD AND
TENANT COMPLAINT
NAME and ADonESS
ORCHARD APARTMENTS
2204 CEDAR RUN DRiVE
L CAMP HiLL, PA 17011
vs.
DEFENDANT: NAME ,"dAOORESS
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Dockel No.: LT-108-2001
Dale Filed: 2/21/2001
PLAIN riFF:
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Mllg. Dlsl. No.:
09-1-01
OJ Name: HOIl.
CHARLES A. CLEMENT, JR.
Add"", 1106 CARLISLE ROAD
CAMP HILL, PA
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Ter,ph,"" (717 )761-4940
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TO THE DEFENDANT: The above named plaintifl(s)
asl(s judgrnenllogelher wilh costs agalnsl you lor
the possession 01 real properly and for:
Lease Is ~ReSldential D Nonresidential.
E!J Damages for Inj ry 10 Ihe real properly, to wit:. h>
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@Damages for the unjusl detenllon of Ihe real properly Inlhe amount of
~ Rent remaining due and unpaid on filing dale inlhe amounl of
~ And addilional renl remaining due and unpaid on hearing dale
THE PLAIN1;II'F FURTHER ALLEGES THAT:
Filing Cosls
Service Costs
Tolal
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$ 56.50
$ 25.00
$ 81. 'i0
Dale
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,he ~-ie.lLvn~ >++- cJP,,/f5
in the amount of: $
-EJ,d
$
$
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1. The location and the addless, if any, of lhe real property is: ~~
2. The plainliff is the landlold of lhal properly.
3. He leased or renleo Ihe properly 10 you or 10 under whom you claim.
4. ~ Notice to quit was given in accordance with law, or
DNa no lice Is required under Ihe terms of the lease.
5. 8 The lerm for which Ihe properly was leased or renled is fully ended, or
JSI A 10lfeilure has resulted by reason of a breach of Ihe conditions of Ihe lease, to wil: k- \ 1L4I Ii> --h,
. ~ ~.~ Ji..... A- -r.:__~ lilAl\..tJllel'l ... or,
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$
Tolal: $
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~nt reserved and due has, upon demand, remained unsatisfied.
6. You relaln the real property and refuse 10 give up lis possession. .
I,. ~;J.l..,. LJ .- ilo{Sllr-2>' verily that the facts sel forth In this complaint .
are lrue and correcl to Il1e bE!sl of my knowledge, Information and belief. This statement Is made subl'ecI to Ihe
penalties of Section 4904 01 the Crimes Code (18 PA, C. S. ~ 4904) relaU uns Isilication 0 authorities.
( la!n\ill's Al\orney) ress) (Phone'
IF YOU HAVE A DEFENSE 10 Ihls complainl you may present II allhe hearing. IF YOU HA VE A C againstlhe plalnlifl arising oul of Ihe
occupancy of the premises, which Is In U,e dislrlct jusHce jUlisdiction and which you Inlend to assert at the healing, YOU MUST FILE i\ on a
complainl fO'11I allhis oWce BEFORE THE TIME sellor Ihe he~rlllg.IF YOU DO NOT. APPEAR AT THE HEARING, a judgment for possession
and cosls, and for damages and rent If clalmed, may nevertheless be enlered against you. ^ Judgment agaInst you for possession may result
In your EVICTION from Ihe premises. If you ere disabled and require esslslance, please conlactlhe Maglslerlal Dlslrtcl ofllce allh.
address above.
ope 31 OA-9a Remarks and summary olles-lImonv maY be recorded on (ltV"'" .;<'1..
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CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certify that I am this 30th day of April, 2001, serving a copy
ofthe foregoing Notice to Plead and Preliminary Objections to Plaintiffs Complaint upon
Plaintiff, by mailing a true copy of the same to Plaintiffs counsel at the following address by
first-class U.S. mail, postage prepaid:
Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF, P.c.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
bJ~
Counsel for Defendant
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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