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OCT 1 7 2001
. .
JORDAN D. CUNNINGHAM
ROBERT E. CHERNICOFF
MARC W. WITZIG
HENRY W. VAN ECK
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHONE
(717) 534-2833
;-~
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IRS NO. 23-2274135
Street Address:
2320 N. 2nd Street
Harrisburg.. PA 17110
TELEPHONE (717) 238-6570
FAJ< (717) 238-4809
October 15, 2001
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, FA 17013-3387
Re: Orchard Apartment Associates, t/d/b/a
Orchard Apartmen ts v. Tonyka Thomas
No. 2001 - 1577 Civil
Dear Sirs:
The prothonotary is delivering to you a proposed Order for
execution by the Court with regard to the above captioned matter.
Upon the Court's execution of the Order, would you please contact
this office so that the Order can be transferred to the
Prothonotary's Office and a check can be executed from the rent
escrow account. Your prompt attention to this matter will be
greatly appreciated.
If YO'u have any questions regarding the above captioned
matter, please do not hesitate to contact me.
very truly yours,
CUNN~.~HAr~i' C~;S:OFF,
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JDC/bam
Enclosure
cc: Philip C. Briganti, Esqui e {w/enc.l
Orchard Apartments {w/enc.l
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14313111012001
PYS405 ,
Cumberland County Prothonotary's Office
Manual Release Check Reglster
Distribution
Accounting
Escrow
Amount
Page 1
11/01/2001
Date
Release
Case No
Tran
Date
2721 ORCHARD APTS Check Date: 11/01/2001 Check No. : 1254
RENT 2001- 01877 PYMT/.CASH 657.00 3/.30/.2001
RENT 2001- 01877 PYMT/.CASH 278.00 4/.06/.2001
RENT 2001- 01877 PYMT/.MONEY ODR 278.00 5/.04/.2001
RENT 2001- 01877 PYMT;MONEY ODR 278.00 6;25;2001
Payee total: 1491.00
Grand total:
1,491.00
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
ORDER
AND NOW, this
day of
, 2001,
after review of the annexed Petition and upon the motion of
Joraan D. Cunningham, Esquire, it is hereby ORDERED that
the Prothonotary of Cumberland County, Pennsylvania,
distribute to the Plaintiff, Orchard Apartment Associates,
t/d/b/a Orchard Apartments, any and all amounts being held
in the Prothonotary I s rent escrow account in the above
docketed case.
BY THE COURT:
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',. EALTH OF PENNSYLVANIA
, COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONPLEASN... 'Ol-I'S't7
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c., v I
NOTICE OF APPEAL 3-, '1 ~O /
Notice is given that the appellant has filed in the above Caurt af Camman Pleas an appeal fram the judgment rendered by the District Justice an the
date and in the case mentioned below.
NAME OF APPB.lANT
Tonyka Thomas
ADDRESS OF APPfLLANr
OfY
MAG. DIST. r-n OR NAME Of OJ.
har~es A Clement, Jr.
STATE ZIP CODE
2207 B Cedar Run
MTE OF JlDGMENT
Camp Hill
PA
17011
(Defendanf)
3 01
<UIM NO
CV 19.
IT 19M' OOOOOR"l_01 Phili C.
This black will be signed ONLY when this netatian is required under Pc. R.cP JP. No.
10088.
This Natice af Appeal, when received by the District Justice, will aperate as a
SUPERSEDEAS, ta the j men! far passes. in this c sa
X
Bri anti
If appellant was :CLAIMANT (see Pa. HCP.JP. No.
1001 (6) in actiOn before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
'Midpenn Legal Services
8 Irvine Row
ty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
{This section of form to be used ONLY when appeHant "'liS DEFENDANT (see Pa. RG.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice 01 appeal to be served upon appellee).
PRAECIPE: To Prothonolary
Orchard Apartments
Enter rule upan , appellee(s), Ia file a complaint in this appeal
(Cornman Pleas No. () 1- /511
Name of appel/ee(s)
) within twenty (20) days after ser c
RULE: To Orchard Apartments
Name of appeIloe(s}
, appellee(s).
(1) You are natified that a rule is hereby entered upan you Ia file a complaint in this appeal within twenty (20) days after the date of
service of this rule upan you by persanal service or by certified or registered maiL
(2) If you do net file a complaint within this 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. ~
/'t\ard. '1J)t>>,1)J(_. ~ Ilf, ~~or~
Date:
fJOPC 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 of service MUST BE FILED WfTHiN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYlVANIA
COUNn Of_._,_..
.___ ; $8
AFFIDAVIT: I
swear or affirm that I served
iJ a copy of the Notice 01' Appeal, Common Pleas No. .. , upon the District Justice designated therein on
(date of service) ____ D by personal service D by (certi/ied) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) , on
, 19__,0 by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto.
Dand further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on _. " 1~ D by personal service 0 by (certified) (registered)
malJ, sender's attached hereto,
,SWORN (AFFifiMEDj AND SUBSCRIBED BEFORE ME
THIS ._,_._~_. DAY OF __.____.,19__
Signature of affiant
Signature of offic}e! Defore whom affidavit was mode
TiIIll ofofticiaf
My commission expires on
,19___,
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NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
r;:' NAME and ADDRESS
ORCHARD APARTMENTS
2204 CEDAR RON DRIVE
CAMP HILL, PA 17011
L
VS.
DEFENDANT: NAME and AOQRESS
ITHOMAS, TONYKA
2207 B CEDAR RUN DR
CAMP HILL, PA 17011
L
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist No.:
09-1-01
..
OJ Name: Hon.
CHARLES A. CLEMENT, JR.
Add,."" 1106, 'CARLISLE ROAD
.CAMP HILL, PA
T.'.~h,".,(717) 761-4940 17011
,
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TONYKA THOMAS
22Q7 B CEDAR RUN DR
CAMP HILL, PA 17011
..J
Docket No.: LT- 0000083 - 01
Date Filed: 2/07/01
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Tl'IIS IS TO NOTIFY 'OOU THAT:
i; '.' Ju~gment: . 'f, FOR PLAINTIFF
[!J Judgment was entered for: (Name) ORCHARD APARTMENTS
r::l Judgment was entered against THOMAS , TONYKA
00 Landlord/Tenantaction in the amountof$ 1.326.50 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 Establish.ed b't, OJ Less. Security Deposit ApQJi.ed = Adjudicated Amouat
Rent In, Arrears . . $ ~,2..,5.00 -$ . .UO = $ 1,245. 0
P,..h.ysical DarT)a,ges L.ea.s.ehold. pr.operty. $ . .. . .00 - $ .00 = $ .00
Da~ages/UnJust Detention '. ..'$, 00 - $ ". '.' .....00 = $ . .00
..,' . . Less Amt Due Defendant frol11 Cross Complaint - $ , .00
. ' "CO,.'" "r'....'.',. '", " . ' Interest. (if provided by..iease). $ 00
, . UTJudgmenfAmount $ 1.:145 00
Judgment Costs $ 8 L 50
Attorney Fees $ 00
Total Judgment $ 1,326.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
y Ime 0 eVlc Ion.
D Defendants are jointly and severally liable.
l)i.
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in a
. (Date of JUdgment)
120.00.
D' Attachment Prohibitedl.. .... ,". .
. . Victim of Abuse (Act 5,' 1(96)
o This case dismissed without prejudice.
[!] Possession granted.
o
o Possession not granted.
o Levy is stayed for days or 0 generally stayed.
o Objection to Levy has been filed and hearing will be held:
Date:
Place:
Time:
INAN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WIJH THE P~OTHONOTARYICLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN Al'PEAL:PF rHE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THEPi'lQfHONOTAi'lYiCLEi'lK'OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.'. .' , .. " .
IF A PARTY WISHES TO APPEAL ONLY THE MONEYPORTIONOF A JUDGMENT INVOlllli-!" ARESJ9ENf~~U'~J;,ASE, THEPARTYHAS
30 DA YS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICEOF APPEAL~.w1,H:'1~\!; PR'QTH9~aJARYICLERK OF
~~~::~~~;~~g~~RrpO:E;~~M~O~ P~i~S' C~~eJDI~I~IPN. NO .' . MENTlTR..!..~S./C.:.'.~.lN.' ~'F.'iO~..~VfJ.\.~.H.Vfol<\E. :.."~.OTICE OF APPEAL.
MAR 1 LLUUI ' .".>.' ?',/.,
Date . " '. i'~;;d,D)stt'ciJustjci!::
certl y t at t IS IS a true an correct qopy 0 t e recor 0 t e procee Ings conti'1t~~:\ e,ju, ,9 en!. .. ,i,
Date '. .' ' . .~, .....", Qi~tricrJustiCEl
. ",'
~~c~~,f)2;);ission expires first Monday of January, 2002.
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ORCHARD APARTMENTS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
TONYKA THOMAS,
: NO.
CIVIL TERM
Defendant
AFFIDAVIT
1. I, Tonyka Thomas, 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 and a judgment for alleged back rent.
2. My rent for this apartment, located at 220m Cedar Run Drive, Camp Hill, Cumberland
County, Pennsylvania is $120 per month and is due by the 5th of the month. My rent is subsidized
by IRJD.
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: 3-}l,-Ol_
~.,\hm().'\
Tonyka homas, Defendant
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TONYKA N. THOMAS
Defendant
c111
NO.p;#J CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Tonyka N. Thomas, Defendant, to proceed in forma pauperis.
I, Philip C. Briganti, attorney for the party proceeding in forma pauperis, certify that I believe the
party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit
showing inability to pay the costs of litigation is attached hereto.
p13ii!rtr /
Attorney for Defendant
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV AN1A
v.
TONYKA N. THOMAS
Defendant
1.511
NO.Ov ClVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEA VB TO PROCEED IN FORMA PAUPERIS
1. I am the defendant in the above matter and because of my [mandal 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:
Tonyka N. Thomas
Address:
2207B Cedar Run Drive
Camp Hill. PA 17011
(b) Social Security Number: 173-56-5546
If you are presently employed, state
Employer: RMH Teleservices
Address: 415 Fallowfield Rd.
Camp Hill. PA 17011
Salary or wages per month:
$494/mo (netO)
Type of work:
Telemarketer
If you are presently unemployed, state
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Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/ A
Interem: WA
Dividends: N/ A
Pension and annuities: N/ A
Social Security benefits: $177/mo Survivor's benefits for child
Support payments: $651/month
Disability payments: N/ A
Unemployment compensation and
supplemental benefits: Nt A
Workman's compensation: N/A
Public Assistance: $130/mortth in food stamps
Other: N/ A
(d) Other contributions to household support
(Wife)(Husband) Name: N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
,. ^ ,.-~ - ~ - - "0 '-"- .., "" -. "~'<N<::iit.lJ<!1jjtt.",
..
Cost $700
Stocks; bonds:
Other:
N/A
(t) Debts and obligations
Mortgage:
Rent: $ 120/month
Loans: N/ A
Monthly Expenses: Groceries $300: Electric $85: Telephone $60: Daycare $200: Clothing $100:
Cable $64: Automobile Insurance $58: Credit cards $80: Miscellaneous expenses $200: Gas (vehicle) $80
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Kareem Pitts
Age:
9 years
7 years
4 & 2 years
Shaquille PiUs
Sha'Dier & Na'neen Thomas
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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.
Date3. (tp --0 I
j~cp n~jhuY1lU~
Tony . Thomas, Defendant
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CAMP HIll PA 17011
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Postage $
._Ijertified Fee
(End~~~~e~e~:~cte~)
(~;jtricted Delivery Fee
orsement Required)
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COMMONWEALTH OF PENNSYLVANIA
COURT OF (;oMMoN PLEAS
NOTICE OF APPEAL
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
"._"~,.J~..__,,~.__~~N ~LEAS_~": () 1- I )"7"'1 c' \ v ~ I
"._'---~~~"NOTICE 'oF' AP~PEAL"""."''"''''''''3"::./'9'': 6t.".,:",,,,;;.."~;,;,;;;,;:.;.....,,,.
Notice is given that the appellant has filed in the above CoU('t of Common PI~:s ,an appeal from the jvdgment rendered by the District Justice on the
date and in the case mentioned below. .
.,~
F mANT
Tonyka Thomas
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DfST:No. NAME D.!.
ADOR OF AP~
2207 B Cedar Run Drive
....~.....--t.,~,._-v~. <;!-N'~'-
Charles A Clement, Jr.
..' ..-_.,..-....,.0;- ,." ~ "$" . "ZIP CODE-
Camp Hill
PA
17011
DATE .ltCGM:ENT
IN
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3/8/01
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MidPenn Legal Services
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If appeiiant was 'CLAIMANT (see 'Pa. R.C.P.J.P. No.
1001 (6) in.actionpefore District J!)stice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
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This black win be "gOO<! ONLY Whenihisookiiioi;'5requrred"uii~e,J'a:'R1:::i'jJ'.NCi'
1008& .
This Notice of Appeal. when received by the - District Justice. will -operate as 0
SUPERSEDEAS to the jrl ment for posses;Jn ih th_is i~e. ", ,
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. Ig~ature of PiQlhonotaiV 0- De{)i.Jty
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,PRAECIF'E TcH'fliTtfrRUlE- TO' FfCE COMPLAINT AN'D. IiOLl:TO' FILE
(This section of form to be. used ONLY when i;ppellant was OEFENDANT (see Fa. R.CP.J.P. 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
Orchard Apartmebts
El'lter rule upon , ___ _ ,_app~lIee(s1 to file a complaint in this appeal
"'- ...- -Name of ~~~~;;"'-'-"""-""""-""~'~':"""-"""'--;"-*-''''''''''~__'''"''->'.''__'~'',j,<k.~...-,~u:".~..-__~, ,-,.
(Camman Pleas No. () J - /571 J within twenty (20) days after s'lfXJ~ of rulear suffer entr f judgll'ent af non pro~
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RULE: To
Orchard Apartments
Name of appef~eisr'"
,,~,2PP~ee(s)......... ..".......
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(1) You ore notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after Ythe date of
.service of this rule upon you by personal service or by certified or registered mail
(2) !f you do not file a camplaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOu.
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(3)-ioo ckrle'of'~rvice of this rule 'if service'_'wos by' maUis the date of mailing.
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Date:
AQPC312.84
COURT FILE
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PRO'OF OF SERVICE Of NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT
(This of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
CC'MMONWEALTI>i OF PENNSYLVANIA
COUNTY OF-.1~P<r laM}
"~;:ss
AFFIDAVIT: I hereby swear or aflirm thatl served C IV'} Tf'fY'Y\
~'c:opy of the Notice 91 Appeal, Common Pleas No. 0/'-/ S 7'1 __. upon the District Justice designated therein on
(a'ate Of. service) J>-j'l- pi ,__. , 0 by personal ';Srvlce lB1iY(certified).4r'o' 'I !~) mail, sender's
receipt attached hereto. and upon the appellee, (name) _' tJrrt.dffA ~,~.f....., ",,,,1-$ ,on
_./Y7 qr( h Ir ~ :ZOO/ by personal service !JH5Y(certilied) (.<lll;:!~) mail, sender's receipt attached hereto.
C1.r1ind further that I served the Rule to Filea Complaintaccompanylng the above Notice of Appeal upon the appellee(s) to whom
tile Rul&. was addressed on _.L!J. "I'~J; /'1 , '*.::i0tJ1 0 by personal service g-6'y (certified) ~fo@iJI~1 td)
mail. sE!:lder's receipt attached hereto. ,.
SWORN (AFFI!iMED) AND SUBSCRIBED BEFOflE ME
THIS _____ DAY OF__~___ , 19__
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Signature 01 affiant
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S:'ignatv(e of off/de! before whom affidavit was mede
ritle of official
My commiSSion expires or, .
_ . 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.
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ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1577 CIVIL
TONYKA THOMAS,
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 previo 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:
f/tt/
P.C.
dan
.D. #23 4
2320 Nor h Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for plaintiff)
2
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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. 01 - 1577
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
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.
2. The Defendant, TONYKA THOMAS, is an adult individual
who resides at 2207-B Cedar Run Drive Ext., Camp Hill,
Cumberland County, Pennsylvania.
II
3. At all times material to Plaintiff'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 September 26, 1997, Defendant executed
a Lease Agreement by the terms of which the Defendant leased
from the Plaintiff an apartment located at 2207-B Cedar Run
Drive Ext., Camp Hill, Cumberland County, Pennsylvania for an
initial term beginning September 26, 1997 and ending September
30, 1998, after which initial term, the Lease continued on
successive terms for one (1) month each. Defendant, pursuant
to the terms of the Fair Housing Act, receives the benefit of
housing assistance payments, under a federal program commonly
referred to as the section 8 Housing program and thus
Defendant's share of the rent has fluctuated over the years
based upon her income.
In July and August, 2000, the
Defendant's share of the rent was Two Hundred Thirty Three and
00/100 Dollars ($233.00) per month; in September, 2000, the
Defendant's share of the rent was Two Hundred Eighty Three and
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00/100 Dollars ($283.00) per month; and effective October,
2000 to present Defendant's share of the rent has been One
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Hundred Twenty and 00/100 Dollars ($120.00) per month. A true
and correct copy of the original Lease Agreement for 2207-B
Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania is attached hereto, made part hereof and is
marked Plaintiff's Exhibit "P-1".
5 . The Defendant agreed to abide by the terms set forth
in the Lease Agreement which specifically states in Paragraphs
3 and 5 of the Lease 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, a late fee of Five and 00/100 Dollars
($5.00) is owed, together with One and 00/100 Dollar ($1.00)
per day for each additional day after the fifth (5th) day of
the month the rent remains unpaid during the month it is due.
6. Plaintiff receives rent subsidies under the
provisions of the Fair Housing Act of 1937 for qualifying
tenants, under a program commonly referred to as the Section
8 Program.
The amount of rent subsidy received for each
tenant and the tenant's share of the rent is based upon the
tenant's income and household composition.
3
11
7. The Defendant failed to pay monthly rental payments
in a timely manner in the months of February, 1998; May, 1998;
June, 1998; July, 1998; October, 1998; November, 1998;
December, 1998; January, 1999; March, 1999; April, 1999; May,
1999; June, 1999; July, 1999; December, 1999; April, 2000;
June, 2000; July, 2000; August, 2000; September, 2000;
October, 2000; and December, 2000.
8. The Defendant failed to pay the monthly rent for the
months of July, 2000; August, 2000; September, 2000; October,
2000; November, 2000; and December, 2000.
COUNT I - IN EJECTMENT
9. Plaintiff incorporates paragraphs 1 through 8 of the
Complaint as if more fully set forth herein.
10. The Plaintiff's agent, Deb Anstine, after a review
of the Defendant's rental history, reached a decision to
terminate the Defendant's Lease Agreement and/or not renew the
Defendant's Lease Agreement for the following reasons:
4
II
(a) Defendant's failure to pay rent in a
timely manner in accordance with Paragraphs 3 and 5
of the Lease Agreement in the months of February,
1998; May, 1998; June, 1998; July, 1998; October,
1998; November, 1998; December, 1998; January,
1999; March, 1999; April, 1999; May, 1999; June,
1999; July, 1999; December, 1999; April, 2000;
June, 2000; July, 2000; August, 2000; September,
2000; October, 2000; and December, 2000, all which,
in the opinion of the Plaintiff, represents a
substantial violation of the terms of the Lease
Agreement, Rules and Regulations of the apartment
complex and HUD Regulations, specifically
paragraphs 3 and 5 of the Lease Agreement and
Section 4-18 of the HUD Technical Handbook,
Transmittal 4350.3. The Defendant's actions also
represent a material non-compliance with the terms
and conditions of the Lease Agreement as defined
under HUD Regulations and paragraph 23 of the Lease
Agreement.
(b) The Defendant's failure to pay rent for
the months July, 2000; August, 2000; September,
5
11
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2000; October, 2000; November, 2000; and December,
2000, which in the opinion of the Plaintiff,
represents a substantial violation of Paragraphs 3
and 5 of the Lease Agreement, the Rules and
Regulations of the apartment complex, and HUD
Regulations set forth in Section 4-18 of the HUD
Technical Handbook, Transmittal 4350.3, all of
which constitutes a material non-compliance with
the terms of the Lease Agreement as that term is
defined under Paragraph 23 of the Lease Agreement
and the applicable HUD Regulations.
11. The Plaintiff has not defaulted in its
responsibility to provide a habitable premises to the
Defendant and is of the opinion and therefore avers that the
premises being occupied by the Defendant are in such a state
as not to violate the applied warranty of habitability owed by
the Defendant to the Plaintiff.
12. On December 6, 2000, the Defendant was properly
served by the Plaintiff, at the Defendant's residence, with a
Notice of proposed Termination of her Lease Agreement. The
Notice of proposed Termination was served in accordance with
6
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HOO Rules and Regulations and the Pennsylvania Landlord/Tenant
Act. A true and correct copy of the Notice of Proposed
Termination is attached hereto, made part hereof and is
incorporated herein by reference as Plaintiff's Exhibit "P-2".
13. On December 18, 2000, the Defendant was properly
served by the Plaintiff, at the Defendant's residence, with a
Notice to Quit. The Notice to Quit was served in accordance
with HOO Rules and Regulations and the pennsylvania
Landlord/Tenant Act. A true and correct copy of the Notice to
Quit is attached hereto, made part hereof and is incorporated
herein by reference as Plaintiff's Exhibit "P-3".
14. The Defendant, although requested to do so by the
Plaintiff, has refused to surrender 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania, to the
Plaintiff and has since the time that she received the Notice
to Terminate and Notice to Quit, has continued to remain in
possession of said apartment.
WHEREFORE, Plaintiff demands entry of judgment against
the Defendant, TONYKA THOMAS, and in favor of the Plaintiff on
the issue of material non-compliance with the terms of the
7
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Lease Agreement, Rules and Regulations of the apartment
complex, Pennsylvania Landlord/Tenant Act and HUD Regulations;
and Plaintiff further demands it be granted possession of
2207-B Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania, together with costs and interest.
COUNT II - IN ASSUMPSIT
15. Plaintiff incorporates by reference paragraphs 1
through 14 of the Complaint as if more fully set forth herein.
as against the Defendant are as follows:
16. The total monetary damages sought by the Plaintiff
Rent Arrearage:
June, 2000 (partial) $
June, 2000 (late fee)
July, 2000
July, 2000 (late fee)
August, 2000
August, 2000 (late fee)
September, 2000
September, 2000 (late fee)
October, 2000
October, 2000 (late fee)
November, 2000
November, 2000 (late fee)
December, 2000
December, 2000 (late fee)
Credit
131. 00
30.00
233.00
30.00
233.00
30.00
283.00
30.00
120.00
30.00
120.00
30.00
120.00
30.00
<205.00>
TOTAL..................$ 1,245.00
8
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17. The Defendant's rent is subsidized by the federal
government under a program commonly known as the Section 8
program and Defendant's rent is presently One Hundred Twenty
and 00/100 Dollars ($120.00) per month, however, if during the
pendency of this litigation Defendant obtains employment then,
in that event, Defendant's rent may be increased.
WHEREFORE, Plaintiff demands entry of judgment in favor
of the Plaintiff and against the Defendant, TONYKA THOMAS, in
the amount of One Thousand Two Hundred Forty Five and 00/100
Dollars ($1,245.00), and any further rent and late fees that
may be incurred and unpaid from the date of this Complaint to
conclusion of this litigation, together with costs and
interest.
Respectfully submitted,
Date: 3)3/01
P.C.
. Cunningham, Esquire
LD. 3144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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I, Del:> Anstine, Site Mana9'~, Orchard 1I.partments, veri.fy
that the lltate:aents lIIade in the foregoing COlllplaint ~e true
and c;oueet to ehe bost: of Illy knowledge, 1nfoZ'1llation and
,
belief. I unde~stand. that false statements herein ara made
s~ject to the penalt188 of 18 ~a. C.S.A. '4904, relating to
unsworn fa13ification to authorities.
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el:lsI;1z:.e, Sf e Manager
Orchard Apartments
Date: 4/;<~/o/
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RESIDENTIAL LEASE AGREEMENT
1. PARTIES AND DWELLING UNIT:
The parties to this Agreement are ORCHARD APARTMENTS
TONYKA THOMAS
, referred
, referred to
to as the Landlord, and
as the Tenant. The Landlord leases to the Tenant unit number 2207-R
located at CEDAR RUN DRIVE CAMP HILL. PA.
ORCHARD APARTMENTS
in the project known as
2. LENGTH OF TIME (TERM):
The initial term of this Agreement shalt begin on
SEPTEMBER 30,1998
SEPTEMBER 26,1997
of one
yp:t'lr
and end on
. After the initiallerm ends, the Agreement will continue for successive lerms
each unless automatically terminated as permitted by paragraph 23 of this Agreement.
3. RENT, . (((l'i(j Co.co
The Tenant agrees to..~... 1 A oe- for the partial m?nth ending on 9/30/97 . Alter that, Tenant agrees to pay a rent of
$ ~qg'~onth.Thisamountisdueonthe f~rst day of the month at 2204 Cedar Run
Drive Caron Hill. Pa. 17011 / Rental Office
The Tenant understands that this monthly rent is less than the market (unsubsldlzed) 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) and/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 Tenanl is called the tenant
assistance payment and is shown on the "Assistance Payment" line of the Certification and Recertification 01 Tenant Elinlbilitv Farm which is
Allachment No.1 to this Agreement.
4. CHANGES IN THE TENANT'S SHARE OF THE RENT:
The Tenant agrees that the amount 01 rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of th~ Tenant may be changed
during the term of this Agreementlf:
a. HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance wilh HUD 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 01 persons in the Tenant's household or other factors considered in calculating the Tenant's rent change and HUD
procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change;
d. Changes in the Tenant'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
f. The Tenantlails to provide information on his/her 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 HUD's handbooks, instructions and regulallons related to administration of multi-family subsidy programs. The
Landl.ord agrees to give the Tenant at least 30 days advance wrillen notice of any increase in the Tenant's rent except as noted In paragraphs 11,
15 or 17. The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons for the change
in rent. The Notice will also 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 fuU amount on the rent shown in paragraph 3 by the end of the 5th day of the month, the Landlord may collect a fee
ot $5 on the 5th day of the month. Thereafter, the Landlord may collect $1 for each additional day the rent remains unpaid during the month it is
due. The landlord may not terminate this Agreement for failure to pay late charges, but may terminate this Agreement for non-payment of rent, as
explained in paragraph 23. The landlord may collecl a fee ot $ on the first or any addillonal time 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 Ilnlt Im;oAC:llnn Rannrl which Is Allachment No.2 to this Agreement.
The Tenant also agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit, except as listed on the IlnillmmAc:linn
BorlOLl.
7. CHARGES FOR UTILITIES AND SERVICES:
The following charts describe how the cost of 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 in column (1). Payments should be made directly to the appropriate ulllity company. The items in corumn
(2) are included in the Tenant's rent:
(1)
Put "X" by any Utlllty
Tenant Pays Directly
X
X
X
(2)
Put "X" by any Utility
Included In Tenant Rent
Type of Utility
Heat. .
Lights, Electric
Cooking
Water ...
Other (Specify) . sewaqe, trash
X CABLE
X PHONE
y COALL. ~, ILITY HOOK-UPS
8. SECURITY DE'PQSITS: "16..-r. tJ 1
The Tenant has deposited $ - ]Ir r 'A 6 with the Landlord. The landlord will hold this security deposit for the 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 ot any or all of
the security deposit. The amount of the refund will be determined in accordance with the following conditions aod procedures:
a. The Tenant will be eligible for a refund of the security deposit only jf 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 hisJher control.
b. After the Tenant has moved from the unit, the Landlord will Inspect the unit and complete another Ilnit Im:oectlnn RADorl. The Landlord will
permit the Tenant to participate in the inspection, if the 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 01:
X
X
(1) unpaid rent;
(2) damages that are not due to normal wear and tear and are not listed on the I InillMooc:tinn RADor!;
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(3) charges for lale payment of rent and returned checks, as described In paragraph 5; and
(4) charges for unreturned keys, as described in paragraph 9.
d. The landlor~ agrees to refund 1M amount computed in paragrapH 8c withih 30 days after the Tenant has permanenlly moved
oUI of 1fJ.e U~I, ret~med possessJon 01 the VIlI! to the Landlord, and give his/her new address to the Landlord. The landlord will also give the
Tenant a wntten list 01 charg~s that were subtracted from the deposit. If the Tenant disagrees wilh the landlord concerning the amounts
deducte~ ~nd asks 10 meet Wllh the Landlord, the Landlord agrees to meel with the Tenant and informally discuss the disputed charges.
e. If the Unit IS rented by more than one person, the Tenants agree thai they will work oulthe details of dividing any refund among themselves.
The Landlord may pay the rafund to any Tenant identlfied In paragraph 1 of this Agreement.
1. The Tenanl understands Ihsllhe landJ.ord will no! coon! the Security Deposit towards the last month's (ent or toward repair charges owed by
the Tenant In accordance with paragraph 11.
9, KEYS AND LOCKS:
The Tenant agrees not to install additlonal or diflerentlocks or gates on' any doors or windows 01 the unit without the wrillen 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 Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant
$ Q I; ':t lor each key not returned. (Not to exceed what locksmith charges for each key not returned.)
10. MAINTENANCE:
a. The landlord agrees to;
(1) regularly clean all common areas of the projecl;
(2) maintain Ihe common areas and facilities In a safe condition;
(3) arrange for collection and removal of trash and garbage;
(4) maintain aU 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 neceS$ary; and
(8) maintain grounds and shrubs.
0. The Tenant agrees to:
(1) keep the unit clean;
(2) use alt appliances, fixtures and equipment In a sale manner and only for the purposes for which they are intended;
(3) not litter the grounds or common areas of the project; I
(4) not destroy, deface, damage or remove any part of the unit, common areas, or project grounds;
(5) give lITe Landlord prompt notice or 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 safe 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
lor damage to the project buildings, facilities, or common area.s negligently or intentionally caused by Tenant or Tenant's household or guests.
Said charges are to be made according to the current S!':heriule nf M~lnlen~n!':e Chames posted in the Management Olllce, and Tenant agrees
thaI payment of aJJ svch charges shall be made within fhJJ1V (3D) days of the dale charges are biJJed.
b. Rent lor the period the unit is managed whether or not the unit is habitable. The Tenant understands that HUD will nol 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 appliances, 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 fences on the building(s), the common areas, or the project grounds;
e. attach any shelves, screen doors, or other permanent Improvements In the unit;
I. 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.
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13.
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The Tenant must live in the unit and the unit mU$t be the Tenant's only place of residence. The Tenant shall use the premises only as a private
dwelling for himselflherself and the individuals listed on the Cerllfl!':::!linn ::!nri ReC'.Artifir.alinn nf TAn~nl Eliainllilv, The Tenant agrees to permit other
individuals to reside in the unit only after 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 wrillen permission of the landlord; or
e. In the event that during the term of the lease the Tenant should require the assistance 01 a live.in-Alde, in accordance with the HUD
Regulations, the aide shall not be allowed to remain in occupancy should the Tenant terminate this lease Agreement nor shall the live-In-Aide
have rights to SUrvivorship of the unit.
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 project 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 102 or the United States Controlled Substances AcI, 21 U,S. Code Section
802. Criminal COnviction under Federal, state or local law shall not be a precondition for termination of tenancy.
g. Tenant shall nol pursue or conduct any business on the premises, nor shall Tenant display any signs of any type of description.
h. Tenant shall refrain from and cause Tenant's household and guests to refrain from destroying, defacing, damaging, or removing any part of the
premises of project.
Tenant shalt not create or permit any disturbing noises in or about Tenant's dweUing unit by himself, his famUy, or guests; nor shalf he, his family,
or guests Inlerelere with or materially diminiSh the rights. comforts, or convenience of other Tenant's or surrounding neighbors. Neither the
Tenant, his family, nor his guests shall engage in any activity that would constilute an offense against persons, property, public order, or public
health or decency, or thai Involves fraud, deception, firearms, or other weapons.
j. TElOsnl shall not refuse the extQrmination services for rodent or Insect infeslatlon.
k. If heat is to be supprfed by !he Tenant, Tenan! agrees 10 execute a third party nolificalion with landlord, whereby the landlord will be formally
_ nOlilied prior to the discontinuance of utility service by the utitity supplier. Tenant agrees to furnish sufficient heal 10 the premises to pravenl
damage to the premises. II, for any reason, Tenant is unable 10 maintain sullicient heat, Tenant shall immediately notify landlord. Tenant shafl
pay for any damages to the unit resulting from Tenant's negligent or intentional failure to maintain sufficient heat or to notify landlord of the lack
at sufficient heat due to any cause beyond Tenant's control.
Tenant agrees to comply with landlord policies and direclfves, as weJJ as !he regulations and laws of all Federal, state, 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 agrees to obey the House Rules which are Allachment NO.3 to this Agreement The Tenant agrees to obey additional rules established
after the effective date ot this Agreement if:
a. the rules are re\isonably related to the safety, care and cleanliness of the building and the safety, comfort and convenience of the Tenants. and
b. the Tenant receives written notice of the proposed rule at least thirty (30) days before the rule is enforced. '
15, REGULARLY SCHEDULED RECERTIFICATIONS:
Every year around the first day of June the Landlord will request the Tenant to report the income
and composition of the Tenani's household and to supply any other information required by HUD for the purposes of determining the Tenant's renl
and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the
l.andlord's request. The Landlord wJll verify the information supplled by the Tenant and use the verified information to recompute the amount of the
Tenant's rent and assistance payment, il any.
a. Jt'the Tenant does not submit Ihe required certification information by the date specified in the Landlord's request, the landlord may Impose the
following penahies. The landlord may implement these penalties only in accordance with the administrative procedures and Ume frames
specified in HUD's regulations, handbooks and instructions related to the administration of multi-family subsidy programs.
/1 } Require Ihe Tenant to pay the highef, HVD-appfCvad marksl rent lot the unit
(2) Implement any Increase in rent resulting frOm the recertification processing without providing the 3D-day nollce otherwise required by
paragraph 4 of this Agreement.
b. The Tenant may request to meet with the 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 meel with the Tenant and discuss how the Tenant's rent and assis-
tance payment, if any, were computed.
16, REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS:
a. l( any of the following changes occur, the Tenant agrees to advise the Landlord Immediately:
(t} Any household member moves out of the unit
(2) Any adult member of the household who was reported as unemployed on the most recent cerlification or recertification 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 confirmation that the decrease in income or change in other factors will last less than one month, the landlord will verify the information
and make the appropriate rent reduction. However, II the Tenant's income will be partially or fully restored within tvyo months, the Landlord may
delay the certification process until the new income is known, but the rent reduction will be retroactive and the LandlOrd may not evict the Tenant
for nonpayment of rent due during the period of the reported decrease and the completion of the certlllcation process. The Tenant has thirty
(3D} days after recelving written nolice ot any renl due tor the above described lime period to payor the Landlord can evict tor nonpayment of
rent. (Revised 3122/89.)
c. If the Tenant does not advise the Landlord of these Interim changes, the Landlord may increase the Tenant.s rent to the HUO-approved market
renl. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUO.s regulations, handbooks
and instructions on the administration of multi-family subsidy programs.
d. The Tenant may request to meel with the Landlord to discuss how any change in income or other faclors 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 his/her behalf may be termlna.ted if events in either items (1) or (2) below occur.
Termination 01 assislance means thai the landlord may make the assistance available to another Tenant and the Tenant's rent will be recom-
puted. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will be required to pay the HUO-approved
market rent for the 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
alter receipt of the Landlord's notice or intent to terminate the Tenant's assistance payment.
(2) The amount the Tenant would be required to pay towards rent and utilities under H\JO rules and regulations equals the Family Gross Rent
shown on Attachment 1.
b. The Landlord agrees fa give the Tenant written notice of the proposed termmation. The notlc6 will advise the Tenant that, during the ten {to}
calendar days following the date of the notice, he/she may request to meet with the landlord to discuss the proposed termination of assistance.
If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant.
c. Termination 01 assistance shall not allect the Tenant's other rights under this Agreement, Including the right to occupy the unit. Assistance may
subsequently be reinstated if the Tena.nt submlls the income or other data required by HUD procedures, the landlord determines the Tenant Is
eligible for assistance, and assistance is available.
18. TENANT OBLIGATION TO REPAY:
II the Tenant submits false 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 than the amount required by HUO's
rent formulas, 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 10 reimburSe the Landlord for undercharges caused solely by the landlord's failure to follow HUD's procedures
for computing rent or assistance payments.
19. SIZE OF DWELLING:
The Tenant understands that HUD requires the landlord to assign units accordIng to the size of the household and the age and sex of the house-
hold members. If the Tenant Is or becomes eligible for a different size unit. and the required sile unit becomes available, the Tenant agrees to:
a. move wlthm thirty {30} days after Ihe landlO1d nolifies hJmIhBllhal a unit of Ute requJred sUe Is available within the project; or
b. remain In the same unit and pay the HUO-approved market rent.
20. ACCESS BY LANDLORD:
The landJord agrees 10 enter the unit only during reasonable hours, 10 provide reasonable advance nolies of hislher mtent 10 enter Ihe unll, and to
enler the unit only after receiving the Tenant's consent to do so, except when emergency situations make such notices impossible or except under
paragraph (cl below.
8. The Tenanl agrees to permit the Landlord, hlslher 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 1he Tenant has gIven a notice of intent to move, the Tenant agrees to permit the Landlord to s/row the unit to prospective tenants during
reasonable hours.
c. It the Tenant moves before this Agreement ends, the Landlord may enler the unilto decorate, remodel, aller or otherwise prepare the unit for
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 of public assistance, or because there are children in the family.
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22.
CHANGE IN RENT~L AGREEMENT:
The Landlord may, with the prior approval of HUD, change the terms and conditions of Ihis Agreement. Any changes will become effective only at
the end 01 the inillalterm or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new Agreement or
an amendment to the exisling Agreement. The Tenant must receive the notice at 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 he/she intends to
terminate the tenancy. The Tenant must give such notice at least thirty (30) days belore the proposed change will go into effect. If the Tenant does
not accept the amended Agreement, the Landlord may require the Tenant to 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 the Tenant does
not give the full 30.day notice, the Tenant shall be liable for rent up the end of the thirty (30) days for which notice was required or to the date
the unit is re-rented, whichever date comes IIrst.
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 lor:
the Tenant's material noncompliance with the terms 01 this Agreement;
the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act; or
criminal activity thatthreiltens the health, safety, or right to 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 househotd, 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 01 any initial or successive term.
the term material noncompliance with the lease includes: (1) one or more substantial violations of the lease; (2) repeated minor violations
of the lease that (a) disrupt the livability of the project, (b) adversely affect the health or safety of any person or the right of 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 effect on the project; (3) failure of 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 failure to Sign and submit consent forms for the obtaining of wage and claim information from State Wage Information
Collection Agencies), or to knowingly provide incomplete or inaccurate information; and (4) non-payment of rent or any other financial oblig-
ation due under the lease beyond any grace period permilled under state law. The payment of rent or any other financial obligation due
under the lease after the due date but within the grace period permilled under state law constitutes a minor violation.
c. If the Landlord proposed to terminate this Agreement, the Landlord agrees to give the Tenant written notice 01 the proposed termination. If the
Landlord is terminating this Agreement for "other good cause; the termination notice must be mailed to the Te~ant and hand-delivered to the
dwelling unit in the manner required by HUD at least thirty (30) days before the date the Tenant will be required to move from the unit. Notices
of proposed termination for other reasons must be given In accordance with any time frames set forth in state 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 Agreement will be terminated;
state the grounds for terminallon with enough detail lor the Tenant to prepare a defense;
advise the Tenant that he/she has ten (10) days within which to discuss the proposed termination 01 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 the day after the date the notice is mailed. If the
Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant; and
advise the Tenant 01 his/her right to defend the action in court.
d. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph (c).
24. HAZARDS:
The Tenant shalf not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's
insurance premiums. Such action constitutes a material non-compliance. If the unit is damaged by lire, wind or rain to the extent that the unit can-
not be lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible lor renl only up to the r;tate of the destruc-
tion. Addillonal rent will not accrue unlil the unit has been repaired to a livable condition.
25. PENALTIES FOR SUBMlnlNG FALSE INfORMATION:
Knowingly giving the Landlord false Information regarding income or other factors considered in determining Tenant's eligibility and renl is a male-
rial noncompliance with Ihe lease subjeclto termination of tenancy. In addition, the Tenant could become subject to penalties available under
Federal law. Those penallfes include fines up to $10,000 and imprisonment lor up to five (5) years.
26, CONTENTS OF THIS AGREEMENT:
This Agreement and its Attachments make up the entire agreement between the Landlord and the Tenant regarding the unit. If any court declares
a particular provision of this Agreement to be invalid or illegal, all other terms of fhis Agreement will remain in effect and both the Landlord and the
Tenant will continue to be bound by them.
27. AnACHMENTS TO THE AGREEMENT:
The Tenant certifies that he/she has received a copy of this Agreement and the following Attachments to this Agreement and understands that these
Attachments are part ollhis Agreement:
a. Att:'lr.hmAnt Nn i-Form HUD-50059, Certilicatlon and Recertification 01 Tenant Eligibility
b. Att:'lr.hmAnl Nn :>-Unit Inspection Report
c. Atfar:hmAnt No 3-House Aules (if any)
28. SIGNATURES:
TENANT
By:
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Date Signed
2.
Date Signed
3.
Date Signed
LANDLORD-ORCHARD APARTMENTS
By:
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PROPOSED NOTICE TO QUIT
TO: Tonyka Thomas
2207 B 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 conunitted 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 conunon 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:
(1) Failure to pay rent for the month(s) of: July and August 2000, in the amount of Two Hundred
Thirty-Three and 00/100 Dollars ($233.00) each, plus late fees, September 2000, in the amount
of Two Hundred Eighty-Three and 00/100 Dollars ($283.00) 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 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.
,
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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 BUD 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
Served this 6th day of December, 2000.
n/ Assistant Manager
ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 10 explicare.
Page Two otThree
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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 6th day of December, 2000. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. g4904, relating to unsworn alsification t uthorities.
The undersigned does hereby verify that he/she served
two methods set forth below:
roposed Notice to Quit by one of the
Personally handing the Proposed Notice to Quit to the tenant or an adult person
answering the door at the tenant's apartment on the 6th day of December 2000.
><
By placing Proposed Notice to Quit under or through the tenant's door on the 6th
day of December 2000, 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 mad
g4904, relating to unsworn falsification to authorities.
of 18 Pa. C.S.A.
. yson, Assistant Manager
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FINAL NOTICE TO OUlT
TO:. Tonyka Thomas
2207 B 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 ~o 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". -
Tbe substantial and repeated minor violations of your lease are as follows:
(1) Failure to pay rent for the month(s) of; July and August 2000, in the amount of Two Hundred
Thirty-Three and 00/100 Dollars ($233.00) each, plus late fees, September 2000, in the amount
of Two Hundred Eighty-Three and 00/100 Dollars ($283.00) plus late fees, 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 ofthe 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 4350J.
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.
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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 uuit only
by initiation a judicial action as required by HUD Transmittal 4350.3, 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. .
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ORCHARD APARTMENTS
Served this 18th day of December, 2000.
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 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. ~4904, relating to unsworn falsification to autborities.
--=
e Final Notice to Quit by one of the two
The undersigned does hereby verify that he/she serv
methods set forth below:
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 to the penalties of 18 Pa. C.S.A.
~4904, relating to unsworn falsification to authoriti s.
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ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1577 CIVIL
TONYKA THOMAS,
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.
. Cu ningham, Esquire
.D. #2 44
320 N rth 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- 1577 CIVIL TERM
TONYKA THOMAS,
Defendant
ClVIL ACTION - LAW
NOTICE TO PLEAD
TO: Orchard Apartments
You are hereby notified to file a written response to the attached Preliminary Objections
to Plaintiff s Complaint within twenty (20) days from service hereof or a judgment may be
entered against you.
i/lo/c/
Date
Philip C. riganti
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- 1577 CIVIL TERM
TONYKA THOMAS,
Defendant
CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
COMES NOW the defendant, Tonyka Thomas, by counsel, Philip C. Briganti, Esquire,
MidPeun Legal Services, and files the following Preliminary Objections to Plaintiff's Complaint:
Motion to Strike Off Comolaint for Failure to Conform to Rule of Court
1. Count I of Plaintiffs Complaint seeks the ejectment of Defendant.
2. Pa. R.C.P. No. 1054, goveruing 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.
3. Plaintiffs Complaint does not properly describe the land.
4. 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 Plaintiffs complaint be stricken for failure to
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conform to the Pennsylvauia Rules of Civil Procedure.
Respectfully submitted,
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Philip riganti
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, PENNSYLVANIA
v.
NO. 2001- 1577 CIVIL TERM
TONYKA THOMAS,
Defendant
CIVIL ACTION - LAW
VERIFICATION
The above-named defendant, Tonyka Thomas, 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. g4904, relating to unsworn falsification to authorities.
Date: 4, 3D-Ol
j~a n,JhonD.J
Tonyka om~s, Defendant
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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 ofthe 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
Philip C. Iganti
Counsel for Defendant
MIDPENN LEGAL SERVICES.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1577 CIVIL
TONYKA THOMAS,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy
of the PETITION TO RETURN RENT ESCROW and ORDER in the above
captioned matter by placing the same in the United States
mail, first-class, postage prepaid, in Harrisburg,
Pennsylvania on September 17, 2001 addressed to:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date! October 8. 2001
B ~
anche A. orrison, Secretary
to Jordan D. Cunningham, Esquire
I.D. #23144
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
PETITION TO RETURN RENT ESCROW
1. The 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.
2. The Defendant, Tonyka Thomas, is an adult
individual who previously resided at 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania.
3. On March 19, 2001, an appeal was filed by the
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the Prothonotary in the amount of $840.00,
representing rent deposited by the Defendant on behalf of
the Plaintiff.
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5. The issues raised in the Complaint relating to
ej ectment are moot as the Defendant has abandoned the
apartment unit and her whereabouts are unknown to the
Plaintiff.
6. Plaintiff, in light of the fact of Defendant's
abandonment from the premises, is due and owed the monies
being held in escrow by the Prothonotary of Cumberland
County pursuant to the Local Rules of Court and the Rules
of Civil Procedure for District Justices.
WHEREFORE, Plaintiff respectfully prays that this
Honorable Court direct the prothonotary to distribute to
the Plaintiff all monies being held in its rent escrow
account on behalf of the Plaintiff.
Respectfully submitted,
Date: Seotember 11. 2001 B
P.C.
ordan D. unningham, Esquire
I.D. #23 44
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
ORDER
AND NOW, this /4-" day of ~
, 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, a Rule is hereby issued
against the Defendant to show cause, if any she has, why
any and all amounts being held in the prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable ~ days from the date of service.
BY
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
PETITION TO MAKE RULE ABSOLUTE
1. The 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.
2. The Defendant, Tonyka Thomas, is an adult
individual who previously resided at 2207-B Cedar Run Drive
Ext., Camp Hill, Cumberland County, Pennsylvania.
3. On March 19, 2001, an appeal was filed by the
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the Prothonotary in the amount of $840.00,
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representing rent deposited by the Defendant on behalf of
the Plaintiff.
5. On September 12, 2001, Plaintiff filed a Petition
to Return Rent Escow.
6. On September 14, 2001, this Court entered a Rule
to Show Cause against the Defendant to show cause why the
Petition to Return Rent Escrow should not be granted, Rule
returnable twenty (20) days from the date of service. A
true and correct copy of the Petition to Return Rent Escrow
and Order are attached hereto, made part h!!reof, are
incqrporated herein by reference, and marked as Exhibit "P-
1" .
7. On September 17, 2001, a copy of the Order and
Petition to Return Rent Escrow was served on Defendant's
counsel.
A true and correct copy of the Plaintiff's
correspondence to Defendant's counsel is attached hereto,
made part hereof, are incorporated herein by reference, and
marked as Exhibit "P-2".
8. A response to the Rule and petition has not been
filed as of the date of this Petition.
2
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WHEREFORE, Plaintiff respectfully prays that this
Honorable Court direct the Prothonotary to distribute to
the Plaintiff all monies being held in its rent escrow
account on behalf of the Plaintiff.
Respectfully submitted,
Date: October 2001
p.e.
. Cunni re
. #23144
'.' 0 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
3
ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
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ORDER
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AND NOW, this /4 day of ~ ,2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, a Rule is hereby issued
against the Defendant to show cause, if any she has, why
any and all amounts being held in the prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable CJD days from the date of service.
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In Testimony w!leraof, I tiers unt.. set my hano
and the seal of said couXt Carlisle, Pa.
This /'I <i'f;' (jay of .PL..../l- o2ev I
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
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TONYKA THOMAS,
Defendant
ORDER
AND NOW, this
day of
, 2001,
after review of the annexed Petition and upon the motion of
Joraan D. Cunningham, Esquire, it is hereby ORDERED that
the Prothonotary of Cumberland County, Pennsylvania,
distribute to the Plaintiff, Orchard Apartment Associates,
t/d/b/a Orchard Apartments, any and all amounts being held
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in the Prothonotary I s rent escrow account in the above
docketed case.
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
ORDER
AND NOW, this
day of
, 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esquire, a Rule is hereby issued
against the Defendant to show cause, if any she has, why
any and all amounts being held in the prothonotary's rent
escrow account should not be distributed to the Plaintiff.
Rule Returnable
days from the date of service.
BY THE COURT:
J.
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
:i TONYKA THOMAS,
'I Defendant
I
PETITION TO RETURN RENT ESCROW
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1. The Plaintiff, Orchard Apartment Associates,
t/d/b/a Orchard Apartments is a limited partnership which
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is registered with the Pennsylvania Department of state
having a registered address of 2204 Cedar Run Drive, Camp
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Hill, Cumberland County, Pennsylvania.
2.
The Defendant, Tonyka Thomas, is an adult
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" Ext., Camp Hill, Cumberland County, pennsylvania.
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On March 19, 2001, an appeal was filed by the
3.
Defendant, to which a Complaint was filed by Orchard
Apartments seeking the eviction of the Defendant.
4. There remains a balance of escrowed rents
deposited with the prothonotary in the amount of $840.00,
representing rent deposited by the Defendant on behalf of
the Plaintiff.
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The issues raised in the Complaint relating to
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6. Plaintiff, in light of the fact of Defendant's
abandonment from the premises, is due and owed the monies
being held in escrow by the Prothonotary of Cumberland
County pursuant to the Local Rules of Court and the Rules
.,
of Civil Procedure for District Justices.
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WHEREFORE, Plaintiff respectfully prays that this
Honorable Court direct the Prothonotary to distribute to
the Plaintiff all monies being held in its rent escrow
account on behalf of the Plaintiff.
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Respectfully submitted,
P.C.
Date: SeDtember 11. 2001 B
ordan D. unningham, Esquire
I.D. #23 44
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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JORDAN D. CUNNINGHAM
ROBERT E. CHERNlCOFF
MARC W. WITZIG
HENRY W. VAN ECK
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
P.O. BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TELEPHONE
(717) 534-2833
IRS NO. 23-2274135
TELEPHONE (717) 238-6570
FAX (717) 238.4809
Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
September ~7, 200~
Philip C. Briganti, Esquire
Midpenn Legal Services
8 Irvine Row
Carlisle, PA ~70~3
Re: Orchard Apartmen ts v. Thomas
Our File No. 408101
Dear Phil:
Enclosed is a Rule to Show Cause, returnable within twenty
(20) days with regard to the above captioned matter. The Rule
was issued pursuant to my filing of a petition to Return Rent
Escrow.
Also be advised that Ms. Thomas abandoned the apartment unit
sometime in August, 200~. I believe the issues raised by the
Complaint in Ejectment are now moot. If you have no objection
to the money being held in rent escrow to be distributed to
Orchard Apartments, would you please file a responsive pleading
as soon as possible so that I can remove the money from rent
escrow.
Thank you for your attention to this matter.
JDC/bam
Enclosure
cc: Orchard Apartments
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ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001 - 1577 CIVIL
TONYKA THOMAS,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I do hereby state that I served a true and correct copy
of the attached PETITION TO MAKE RULE ABSOLUTE in the above
captioned matter by placing the same in the united States
mail, first-class, postage prepaid, in Harrisburg,
pennsylvania on October 15, 2001 addressed to:
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(Attorneys for Defendant)
Respectfully submitted,
~
Date: october I '0, 2001
D. Cun .
#23144
20 North Second
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for plaintiff)
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ORCHARD APARTMENT,
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1577 CIVIL
v.
CIVIL ACTION - LAW
TONYKA THOMAS,
Defendant
ORDER
AND NOW, this JJ1" day of () ~
, 2001, after
review of the annexed Petition and upon the motion of
Jordan D. Cunningham, Esqui,re, the Rule issued against the
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Defendant to show cause why any and all amounts being held
in the Prothonotary's rent escrow account should not be
distributed to the Plaintiff is made absolute.
The Prothonotary is directed to distribute any and all
amounts in its escrow account to the Plaintiff.
BY
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