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HomeMy WebLinkAbout99-03610I 9 Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: NO. 99-3610 Civil CIVIL ACTION - LAW Kindly mark the above-captioned matter satisfied and discontinue this action. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 'b David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Date: Telephone (717) 761-4540 Attorneys for Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :135404 AND NOW, this L' " Iay of June 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing PRAECIPE TO SATISFY upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: David J. Lanza v> o, l? l j - 4 LI Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant 1, q q 7.3? Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION = LAWC AND NOW, this )I' day of May 2000, it is hereby stipulated between the parties, SUSQUEHANNA VIEW LIMITED PARTNERSHIP and JEAN OLAF, that the Prothonotary may release all funds held in escrow to the Plaintiff and that Plaintiff shall not pursue any damage claims against Defendant. J-0173 "'d 't'- 104 itl 6-4)?-0(9 RKg :133479 20 3e-mae NjenuQ' C41-y+ 4 kt I P R I ? o I I JOHNSON, DUFFIE, STEWART & WEIDNER By: Lk? David J. Lanza Attorneys for Plaintiff '? chae S. Travis Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant Attorneys t'or Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION - LAW AND NOW, this -n?' day of May 2000, it is hereby stipulated between the parties, SUSQUEHANNA VIEW LIMITED PARTNERSHIP and JEAN OLAF, that the Prothonotary may release all funds held in escrow to the Plaintiff and that Plaintiff shall not pursue any damage claims against Defendant. JOHNSON, DUFFIE, STEWART & WEIDNER By: David J. Lanza Attorneys for Plaintiff chae S. Travis Attorney for Defendant :133479 ?, ?. r;'' ?:; ?- -, . ?,;.. ,., ?„ - -;, ;:_ v < - ?' <J Michael S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. NO. 99-3610 CIVIL JEAN OLAF, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Jean Olaf, Defendant, appeals from the award of the board of arbitrators entered in this case on November 29, 1999. A jury trial is demanded Id" I hereby certify that the compensation of the arbitrators has been paid. is ael? li 1 S. Travis, Attorney for Appellant Michael S. Travis, Esquire/Attorney for Appellant 4076 Market Street, Suite 209, Camp Hill, PA 17011 David J. Lanza, Esquire/Attomey for Appellee 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99-3610 CIVIL CIVIL ACTION - LAW JEAN OLAF, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: David J. Lanza, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: 12/27/99 Mitfiae_l S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Appellant ?- ?? M= /" U:; ._ C:?) _ _ fi ` ? LC N i L. _ c in L? ?. ? : _> ??? O Iry) `? _ ! V. ) In The Court of Common ?leas of Cumberland County, ?annsylvania No. ?? j' /D l9 OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution Of this Common- wealth and that we will discharge the duties ?.WARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) _b SS c S i ? v ??? '? -r Yvv? `? P ? Lf Lvclet? r - % KQ\ Arbitrator, dissents (Insert name applicable.) ws Fz Data of Hearing: k',n'r- Z ?+1 Date of Award: -2 1.19 a NOTICE OF ENT-`. ?.1"' 19`19 , at//v , 2.:1., the above Now, the 2D F day of award was entered upon the docket and notice thereof given by mail co the parties or their attorneys. Arbitrators` compensation to be i , t,.; ??? ? t paid upon appeal: othonotary $ 290.rru Sy° Deputy OFFr(,Es of PAuc R) 02p 5? ??ST NIUN ST, CR?ZLISL,? ?X1 I7013 Ln ICJ ?t r a - 2 i- lb 7 -- ------------- /a • 60 &4.. SUSQUEHANNA VIEW LIMITED PARTNERSHIP, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JEAN OLAF, DEFENDANT :99-3610 CIVIL TERM NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO PLAINTIFF TO THE PROTHONOTARY: Please take notice that Defendant, Jean Olaf, has served the first set of interrogatories to Plaintiff, Susquehanna View Limited Partnership, upon David J. Lanza, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 Mic 5 el . Travis MO. - Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 Date: 9111/ / ,:, -- j`= ;: ;... ?.; ... _- "' - c_ i ?] vi ? ? _ LI b?? 4 ? a ?? Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 55782 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant TO THE HONORABLE, THE JUDGES OF SAID COURT: rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION - LAW counsel for the Plaintiff in the above action (or actions) respectfully represents that: 1. The above-captioned action (or actions) is at issue. 2. The claim of the Plaintiff in the action is $ 307.36 phis possession ofreal proper& The counterclaim of the Defendant in the action is $ N!4 The following attorneys are interested in the case(s) as counsel, or are otherwise disqualified to sit as arbitrators: David J Lanza. Esquire: Michael S. Travis. Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Attorneys for Plaintiff Respectfully submi d, Davicl J. Lanza 1w AND NOW, this 3d day of 1914 in consideration of the foregoing petition, the following are in the above-captioned action (or actions): 4"" :126043 G ?I?. CI% ?1 l rn Q1 CL `i CJ "It Q? v V) 0:- h -. i l V U U cp SUSQUEHANNA VIEW LIMITED PARTNERSHIP, PLAINTIFF V. JEAN OLAF, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3610 CIVIL TERM IN RE: SUPERSEDEAS UNDER PA.R.C.P.D.J. 10081B1 BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this l &+- day of August, 1999, the supersedeas terminated by the prothonotary on August 3, 1999, IS VACATED. The supersedeas, IS REINSTATED. By the Court, Edgar B. Bayley, J. Michael S. Travis, Esquire For Defendant David J. Lanza, Esquire For Plaintiff Q?rz G? s/i 4/91 .8•a' :sea FILM-Qd FICE cF pNi, ?.;,,rt!NOTARY 99 AUr, 18 Ph 4: 19 CUMSER"C) F NNSYIVMA w SUSQUEHANNA VIEW LIMITED PARTNERSHIP, PLAINTIFF V. JEAN OLAF, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3610 CIVIL TERM IN RE: SUPERSEDEAS UNDER PA.R C P D J 1008(B) BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., August 18,1999:- Defendant, Jean Olaf, rents an apartment from plaintiff, Susquehanna View Limited Partnership. Her $190 monthly rent is due the first of each month. On June 7, 1999, plaintiff obtained a judgment from a district justice for possession of defendant's apartment plus damages and costs of $307.36. The judgment was entered on the basis that defendant breached her lease by intentionally littering common areas of the premises and harassing neighboring tenants. Defendant filed a notice of appeal in this court on June 14, 1999. She deposited with the prothonotary the monetary amount of the judgment and costs of $307.36. An automatic supersedeas became effective pursuant to Pa.R.C.P.D.J. No. 1008. The appeal is pending. On July 2, 1999, defendant paid her monthly $190 rent by check which was accepted and deposited by plaintiff. On August 3, 1999, plaintiff filed a praecipe with the prothonotary, stating "please terminate the supersedeas in the above-referenced 99-3610 CIVIL TERM matter by reason of the Defendant's failure to make monthly payments from and after July 1999." The prothonotary terminated the supersedeas. By check dated August 2, 1999, defendant paid plaintiff her August, 1999 rent. Plaintiff accepted and deposited the check on August 4, 1999. On August 5, 1999, defendant filed an "Emergency Petition to Reinstate Supersedeas Pursuant to Pa.R.C.P.D.J. 1008(B)." An order was entered on August 5, 1999, temporarily reinstating the supersedeas pending a hearing "[b]ased on the within averment that petitioner has paid the June, July and August rent payments." A hearing was conducted on August 17,1999. Pa.R.C.P.D.J. 1008(B) provides: When an appeal is from a judgment for the possession of real property, receipt by the district justice of the copy of the notice of appeal shall operate as a supersedeas only if the appellant at the time of filing the appeal, deposits with the prothonotary a sum of money (or a bond, with surety approved by the prothonotary) equal to the lesser of three (3) month's rent or the rent actually in arrears on the date of the filing of appeal, based upon the district justice's order of judgment, and, thereafter, deposits cash or bond with the prothonotary in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. (Emphasis added.) The writ of possession was entered in this case for defendant's breach of a non- rent payment in her lease. When the appeal was filed on June 14, 1999, no back rent was due. Once the automatic supersedeas was effective on June 14, 1999, which was the date the appeal was filed, it remains in effect pursuant to Rule 1008(B) as long as defendant: -2- 99-3610 CIVIL TERM [t]hereafter, deposits cash ... in a sum equal to the monthly rent which becomes due during the period of time the proceedings upon appeal are pending in the court of common pleas, such additional deposits to be made within thirty (30) days following the date of the appeal, and each successive thirty (30) day period thereafter. (Emphasis added.) Thus, although July's rent became due to plaintiff on July 1", the supersedeas remained in effect as long as the July rent was paid by July 13, 1999, which was thirty days after the appeal was filed on July 14, 1999. Likewise, although the August rent became due to plaintiff on August 1", the supersedeas remained in effect as long as the August rent was paid by August 12, 1999, which was thirty days following July 13, 1999. If plaintiff had followed the procedure suggested in the Note to Pa.R.C.P.D.J. 1008(B), it might have recognized that it was not interpreting the Rule correctly when it filed the praecipe on August 3, 1999, to terminate the supersedeas. The Note states: The request for termination of the supersedeas, upon the praecipe filed with the prothonotary, may simply state: 'Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Pa. R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days' and will be signed by appellee. The prothonotary will then note upon the praecipe: 'Upon confirmation of failure of the appellant to deposit the monthly rent for more than thirty (30) days, the supersedeas is terminated,' and the prothonotary will sign and clock the praecipe. (Emphasis added.) Accordingly, the supersedeas was wrongfully terminated by the prothonotary on August 3, 1999, on the praecipe by plaintiff, because, pursuant to Pa.R.C.P.D.J. 1008(B), it remained in effect as long as plaintiff paid her rent by August 12, 1999. Although Rule 1008(B) requires that the rent be deposited with the prothonotary, plaintiff accepted and -3- 99-3610 CIVIL TERM deposited both the July and August payments, therefore, the automatic supersedeas remains in effect. The purpose of the Rule is to ensure that rent is paid during the pendency of the appeal. ORDER OF COURT AND NOW, this _W? day of August, 1999, the supersedeas terminated by the prothonotary on August 3, 1999, IS VACATED. The supersedeas, IS REINSTATED. 7 By the Court, i ., Edgar B. Bayley, rttJ./ David J. Lanza, Esquire For Plaintiff Michael S. Travis, Esquire For Defendant :sea -4- SUSQUEHANNA VIEW LIMITED IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW JEAN OLAF, Defendant NO. 99-3610 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on August 17, 1999, at 8:55 a.m. in Courtroom Number Two. APPEARANCES: DAVID J. LANZA, Esquire For the Plaintiff/Respondent MICHAEL S. TRAVIS, Esquire For the Defendant/ Petitioner NDEX TO WITNESSES IONER DIRECT CROSS REDIRECT RECROSS 6 9 15 DENT FPLAINTIFF/RESPOONNDDEENT 18 24 __ 2 . Samuel Dil 26 28 30 -- 2 INDEX TO EXHIBITS FOR DEFENDANT/ PETITIONER IDENTIFIED ADMITTED 1. July check 7 32 2. August check 7 32 3. Letter from Mallard Run 32 32 FOR THE PLAINTIFF/RESPONDENT 1. Jean Olaf's lease 20 32 2. Attachment to lease 20 32 3. Amendment to lease 20 32 9. Letter to residents dated 10/28/98 19 32 5. Letter to residents dated 11/2/98 20 32 6. Log of incidents in front of Apartment 903 21 32 7. Videotape 22 32 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 el?s August 17, 1999, 8:55 a.m. Carlisle, Pennsylvania (Whereupon, the following proceedings were held:) THE COURT: What is the issue here? MR. TRAVIS: Good morning, Your Honor. Mike Travis for the defendant/petitioner. The issue here is whether or not the petitioner paid her rent basically, and we have evidence to establish that she did. THE COURT: Okay. Do you agree that is the issue? MR. LANZA: Your Honor, yeah. We can stipulate to a number of facts here and save a lot of time. We can stipulate to determining -- THE COURT: Gerry, turn that off, will you. MR. LANZA: Well, Your Honor, I'm -- THE COURT: If you are going to stipulate, I want this off while I think. MR. LANZA: I intend to use that for evidence, Your Honor. THE COURT: Fine, but I want it off right now. stipulations? MR. LANZA: Okay. THE COURT: Go ahead. You say you have some 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1-1? e"N MR. LANZA: I do, Your Honor. THE COURT: Well, do you both? MR. LANZA: Well, I can agree to part of what the opposing counsel is saying. THE COURT: If you do not have a stipulation ready, then I will take testimony. MR. LANZA: We don't have it in writing, Your Honor. I can simply stipulate for the record we did terminate the supersedeas shortly after 8:00 a.m. on August 3rd. She paid her rent about an hour or two later, and she is current with her rent. However, Your Honor, our position is because the defendant poses a danger to the peaceable enjoyment and the well-being of the neighboring tenant, she's not entitled to a second chance under Rule 1008, which I don't believe Rule 1008 specifically provides for second chances in the first place, but especially in this case where we have strong evidence that the defendant is a threat to the neighboring tenants and to the well-being of the property. We're prepared to present evidence on that point today. THE COURT: Okay. I am going to let you put your case in. that? MR. TRAVIS: I'm sorry? THE COURT: Do you want to stipulate to 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I r, MR. TRAVIS: No, I don't want to stipulate to that at all. THE COURT: Go ahead. Present your case. MR. TRAVIS: Your Honor, we would like to call Jean Olaf to the stand. Whereupon, JEAN OLAF, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. TRAVIS: Q Will you please state your name for the record. A My name is Jean Olaf. Q Where do you reside? A 208 Senate Avenue. Q And you're renting that apartment from Susquehanna View, is that correct? A That's correct. Q Miss Olaf, I'm going to cut right to the chase here. You were subject to an eviction from that property, is that correct? A Right. Q And did you pay your July rent? A Yes, I did. MR. TRAVIS: May I approach the witness, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 elm?l Your Honor? THE COURT: Yes. BY MR. TRAVIS: Q Is this a copy of your July rent check? A Yes, that's true. I requested a copy from my bank. Q Is this a copy of your August rent check? A This is the cancelled check., my August cancelled check. Q On the back here, there is some numbers that appear to be printed from the bank. What is the date reflected on the back of the July check? A Oh, I can't make that out really. Q Okay. How about the August check? A The 75521? Q No, ma'am, the date. A The date. I'm sorry. August 4th. Q August 4th is the date printed on the back of the check? A Right, '99. THE COURT: Did you mark them? MR. TRAVIS: Would you mark these for Exhibit 1 and 2, please. MR. LANZA: Once again, Your Honor, it will save time. W e don't dispute that she paid those checks to 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,-N us on the dates indicated. THE COURT: Okay. I am going to let the checks be marked and admitted into evidence. Mark the July check No. 1 and the August check No. 2, Pamela. (Whereupon, Petitioner's Exhibits 1 and 2 were marked for identification.) THE COURT: Anything further? Any further questions? MR. TRAVIS: Not for this witness. THE COURT: Any questions of this witness? MR. LANZA: Yes, Your Honor. MR. TRAVIS: Your Honor, I object. THE COURT: What are you doing? What are we doing? MR. LANZA: I would like to present some evidence which I think the witness can authenticate, Your Honor. We have videotape of the witness in the conduct which we've alleged in our answer to defendant's petition. THE COURT: You want her to authenticate that this is what? MR. LANZA: That this is her on the screen, that this depicts this witness. If she cannot, then I can have our own witnesses authenticate. THE COURT: I am going to let you do that as your own portion of the case if you want that put in. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n MR. LANZA: THE COURT: MR. LANZA: THE COURT: MR. LANZA: CROSS BY MR. LANZA: Okay. Again, turn that off. All right, Your Honor. Any questions of this witness? Yes. EXAMINATION Q Mrs. Olaf, do you acknowledge that you've littered the premises outside the door of one of your neighboring tenants? A Yes, I did, but not as often as the break down on the exhibit. Q But you did litter the premises? A Off and on. Q And you did it intentionally? A Yeah, but -- Q You did it on purpose? A -- it's not my character. THE COURT: Ma'am, ma'am. Now, you listen to the question and you answer it. THE WITNESS: Okay. I'm sorry. THE COURT: You don't do a diatribe here. THE WITNESS: I'm sorry, Your Honor. THE COURT: You have littered your premises intentionally, is that correct? 9 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 THE WITNESS: Um-hum. THE COURT: Next question. BY MR. LANZA: Q And these premises that you littered were the premises outside the door of Mr. Dil who is sitting in the courtroom? A That's correct. Q What kind of items did you place on and about his door? A It was coffee grounds and salt and pepper and some flour. Q Was there oil? Did you spread oil on his door? A Yeah. MR. TRAVIS: Your Honor, I object to this line of questioning. THE COURT: Why? MR. TRAVIS: This has to do with the merits of the case. We're here just on the issue of paying the rent. THE COURT: I am going to listen to it. It's interesting. BY MR. LANZA: Q You did spread oil on the door? A Oil on the door, never. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r?, Q You threw paper around the floor around the outside of his door? A Yeah. He slipped a Christmas card under my door, and I thought that was very hypocritical, and I tore it up, yeah. Q And at any point did you place used toilet paper on or outside his door? A Never, never toilet paper. Q Any other food items? A No. Q Did you pour water outside his door? A Water? Once. Q And, in fact, you were littering the outside of Mr. Dills door two or three times a day at certain points? A No, never. I worked. I work. Q You work full-time? A No, I work part-time from 9:00 to 1:00 and -- Q Thank you. You're not ashamed at all of having done this to -- THE COURT: Whether she is ashamed or not is not the issue. She did it. Next question. MR. LANZA: Your Honor, I'm -- THE COURT: Wait. Next question. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r1 BY MR. LANZA: Q Mrs. Olaf, you would like -- A I'm Miss Olaf. THE COURT: Wait. THE WITNESS: I'm sorry. THE COURT: I am going to stop this in a moment, and I am going to hold you in contempt if you do not wait and answer the questions correctly. THE WITNESS: Okay. I'm sorry. THE COURT: Ask a relevant question. BY MR. LANZA: Q You would like to have Mr. Dil move from the apartment building, wouldn't you? A No. No, I don't object to anyone living in that building, never. Q You want him to stay in his room, don't you? A I beg your pardon? Q You've told him that he should stay in his room, haven't you? A I very seldom see Mr. Dil around. The only time -- THE COURT: Ma'am, did you ever tell him you wanted him to stay in his room? THE WITNESS: Yes, I did. THE COURT: Next question. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 BY MR. LANZA: Q And you feel the need that if Mr. Dil doesn't stay in his room that you would have to do this again? A No. Q You are not going to do this again? A No. Q Why won't you do it again? A I'm sorry, why wouldn't I do it again? Q Why wouldn't you do all of this again? A I don't understand that question. Why wouldn't I do this again? Q Yeah. You told me you are not going to do this again. Why not? A There were objects destroyed in my apartment, and I saw Mr. Dil leaving my apartment. He had his hand on the doorknob, and he hesitated and I hesitated, and then he walked over to his apartment. Q That doesn't answer my question. A At that time I confronted him, and only once did I confront Mr. nil. Q You believe Mr. Dil broke into your apartment and damaged things, is that correct? A I suspect. Q And you still believe that? 13 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I do. Q That hasn't changed? A Right. Q Okay. Have you taken any steps to find a new apartment to live in? A Yes. I submitted an application to Mallard Run. I got an acknowledgment from Mallard Run. Q And when did you submit an application? A I received an acknowledgment. I think it was dated -- is it 7/27? MR. TRAVIS: Do you want me to give her the letter, Your Honor? THE COURT: Do you intend to move? THE WITNESS: Oh, yes, I do. I need to move. BY MR. LANZA: Q When do you intend to move? A As soon as I get a subsidized apartment. Q Well, have they accepted you at Mallard Run? A I'm below poverty. Q Mrs. Olaf, have they accepted you at Mallard Run at this point? A I'm on file. Q On file? A Right. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q But there is no indication of when? A Yes, they state six months to a year. MR. LANZA: All right. I don't have any further questions for the witness, Your Honor. THE COURT: Any questions? MR. TRAVIS: Yes. REDIRECT EXAMINATION BY MR. TRAVIS: Q Miss Olaf, what caused you to do these odd things such as littering in the hall or having these discussions with Mr. Dil? A Well, the only time I confronted Mr. Dil is a few of my panties were missing, and the reason I know that my panties were missing was because I bought them from Sears and they were multiple items, three in a package, and I bought pink and white -- THE COURT: Why did you confront him? The panties were missing. Why did you confront him? THE WITNESS: You know, he was walking back -- he was walking in the hall with some groceries, and I said a few of my panties are missing, you know, and I said stay in your apartment. And I did not -- I did not mean any physical harm to him no way. BY MR. TRAVIS: Q So is it correct to say that you did this 15 1 because you believed that he was in your apartment? 2 A Right. 3 Q Did you discuss that with the management of 4 the complex? 5 A No, I did not. 6 Q Did you ever approach them about this 7 problem? 8 A No. 9 Q Did you ever have any conversations? 10 A No, I haven't. 11 Q Did you ever have the locks changed on your 12 door because of it? 13 A Yes, I called the police. 14 Q Who changed the locks on your door? 15 A Lorraine Hinkle. 16 Q Is she in the courtroom today? 17 A Yes, she is. 18 Q Would you point her out please. 19 A That's Lorraine Hinkle. 20 Q So you did have a conversation with Lorraine 21 Hinkle about t he problem? 22 A Yes. I called her on the phone, and as a 23 matter of fact , Officer Spencer suggested that I have m y 29 lock changed. 25 Q So you believe your neighbor was in your 16 1 apartment, you contacted the management, and you asked them 2 to have something done about it? 3 A Right. 4 Q Did you believe -- 5 A There is a police report. 6 Q Did you believe that the problem persisted 7 after your locks were changed? B A Yes. 9 Q Is that what caused you to behave in this 10 manner? 11 A Yes. 12 Q Did you ask the management about correcting 13 this problem after that? 14 A No, I did not talk to management. 15 Q Why not? 16 A Because I haven't talked to management since 17 '97 because we -- we just can't seem to communicate with 18 each other. 19 MR. TRAVIS: Thank you. 20 THE COURT: Anything else? 21 MR. LANZA: I have no further questions, 22 Your Honor. 23 THE COURT: You may step down, ma'am. Any 24 further witnesses? 25 MR. TRAVIS: No, Your Honor. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Respondent. MR. LANZA: I would like to call Lorraine Hinkle to the witness stand, Your Honor. Whereupon, LORRAINE HINKLE, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LANZA: Q Would you state your name for the record. A Lorraine Hinkle. Q And what is your occupation? A I'm the community manager at Susquehanna View Apartments. Q How long have you held that position? A About four and a half years. Q And I have marked Exhibits 1, 2, and 3, all of which have been admitted in the pleadings. I'm going to hand these to you and ask you briefly to describe what those are. A Okay. Exhibit Jean Olaf's lease. Exhibit 2 was made after this lease was stipulation that we needed to the last Exhibit 3 is just an lease which states whatever hi 1 is the most recent copy of is just an attachment that drawn up through a HUD add to all leases, and then addendum or amendment to the ?r rent was going to be for 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the following year due to recertification. Q And do those leases prohibit the type of conduct that Mrs. Olaf has admitted to? A Yes, they do. Q What do they say about littering? A Basically there should be no littering in the common areas. There should be no attempting to inhibit free, peaceful enjoyment of fellowship of residents in the building. Q Generally what kind of tenants are in the building? A Elderly residents. Our preference is 62 or above. Our average age is about 75. Q Briefly, what type of problems, if any, have you had with Mrs. Olaf? A Basically it started back in the fall where we were having problems on the fourth floor. Residents were coming to us concerned for their safety, for the cleanliness of the building. We have had roaches on that floor recently since all of this has occurred. We've even had to have an estimate for replacing the carpet because the carpet is so bad with the roaches and bugs due to this littering. Q Can you authenticate for us Exhibit 4? A Exhibit 4 was a notice that I had put out 19 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about -- generally I do this on a regular basis where I put out first a general statement that we are having a problem in a certain area and that we need to find out why or please stop whatever you are doing. This was back October 28th about littering in the hallway. Q So it was a warning? A Right. Q And Exhibit 5, can you just tell us briefly what that is? A Basically was directed directly to the residents of the fourth floor because we were having a lot of, as it says, sugar, salt, pepper, roach traps, general dirt has been placed on the carpet. We were having this on the fourth floor around Apartment 403. Q And does it make reference to videotaping? A Yes, it does. We did want everyone to know that we would put a camera up to find out who it was if nobody came forward or at least stopped the activity. Q And did you do that? A Yes. Q And can you identify for us what has been labeled as Exhibit 6? A This is going to be a log for the actual videotape that we finally did achieve to get with Miss Olaf's face and full body doing these acts in front of 20 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Apartment 903. Q Now, just for the record, were these the only times there was litter on the property? A No, no. There were numerous tapes that we could not get her full face. There were other incidents that we missed where there was oil, there was wet substances. Q Roughly over what period of time did the littering take place? A Sporadically in the fall of '98. I would say maybe once, twice a week, graduating up to around the end of January, February to anywhere from five to seven days a week to closer to when the videotape is showing. It could be anywhere from two to three times a day certain days. Q And this Exhibit 6 reflects, as you've testified, the incidents you caught on videotape? A Yes. Q And we have that with us today? A Yes. MR. LANZA: With your Court's permission, I would like to display that videotape for Your Honor's viewing. THE COURT: Have you marked it? MR. LANZA: Yes, Your Honor. 21 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: As what? MR. LANZA: I have a marked copy here. MR. TRAVIS: Again, Your Honor, I renew my objection showing this. Counsel has not even seen this tape. THE COURT: Overruled. You are going to see it now. What is the exhibit number? MR. LANZA: Number 7, Your Honor. THE COURT: Okay. You can play it. MR. LANZA: Thank you, Your Honor. THE COURT: How long is it? MR. LANZA: It's about five minutes. THE COURT: We will play it, and then later you can ask her any questions if you want about it. Do not ask her questions during the playing of the tape. MR. LANZA: Okay. MS. OLAF: Can I get up closer, Your Honor, in order for me to see better? THE COURT: Yes, you can move up. (Whereupon, the videotape was played.) MR. LANZA: Those are all of the shots. THE COURT: Let's get the tape out and bring it over here so we have it. MR. LANZA: I presented a copy to the stenographer. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Any further questions? MR. LANZA: Yes. BY MR. LANZA: Q Miss Hinkle, the events that were depicted on the videotape -- first of all, there was no sound recorded on the tape, is that correct? A Correct. Q And the video camera could never see into someone's room? A Correct. Q It was all common area? A Right. Q Were those all different incidents that we saw on the videotape? A Yes. Q Why was -- the last three shots appeared to be overhead. A They were the first attempt at trying to get whoever was doing this in front of 403. Q But there was all the same door? A Yes, all of it was in front of 403. Q What type of management problem has this created -- these incidents created for you? A Residents definitely on the fourth floor are afraid. They are -- some of them are concerned, very 23 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 concerned for Sammy, so much so that they've come down to my office and spoke to me directly. This is causing roaches. This is causing a need -- drastic need for replacement of that carpet which we don't want to do until after Jean moves out. A multitude of different problems this is causing. MR. LANZA: I don't have anymore questions for this witness, Your Honor. THE COURT: Cross. CROSS EXAMINATION BY MR. TRAVIS: Q Miss Hinkle, did Miss Olaf ever approach you and tell you that she had a problem with any of her neighbors? A No, sir, she didn't. Q She never did? A No. Q Did you ever change the locks on her residence? A Yes. Q Why did you change the locks on her residence? A Jean had called down one morning and said that she had spoken to the East Pennsboro Police and that she needed to have her locks changed. When I asked her 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what was the reason behind that -- because we need to know whether to charge her or not, if it was something she was concerned with, okay. She did not state what the problem was. She just kept repeatedly saying call the police. I did so. I called the gentleman that she -- the officer she wanted me to call. He gave me the report number. He just basically said that she's concerned about her apartment. She wants to have her locks changed. Q And neither she nor the police ever told you that she believed Mr. Dil was entering her apartment? A No, sir. MR. TRAVIS: That's all the questions I have. THE COURT: You may step down. MR. LANZA: Your Honor, I would like to call one final witness, Mr. Samuel Dil. Whereupon, SAMUEL DIL, having been duly sworn, testified as follows: MR. LANZA: May I approach the witness, Your Honor? THE COURT: Yes. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n DIRECT EXAMINATION BY MR. LANZA: Q Would you state your name for the record, please. A Samuel Dil. Q And where do you live? A Apartment 403, Susquehanna View. Q How long have you lived there? A Twenty years. Q Twenty years? A Yes. Q Is that ever since the building opened? A The first day. Q Have you ever had any problems there prior to -- A No problems at all. Q Prior to Mrs. Olaf? A No. Q And you saw the videotape with the rest of us? A I did. Q And was that your door these items were being placed in front of? A It sure was, yeah. Q And what affect has this had on you 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 personally? A Well, I've had a series of strokes. Q You say you've had a couple of strokes prior to this? A Yeah, I still have. Q And you suffer from those effects? A Right. Q And what affect directly has Mrs. Olaf's activities had on you? A The tension, the tension every day. Q Take your time. A Every day. It gets to your nerves, you know. Q You say every day it gets to your nerves? A Yes. Q Are you afraid? A I'm afraid of her, yeah. Q Has she confronted you in the hallways? A One time. Q What did she say? A She said I'm out to get you. Q She said she's out to get you? A Um-hum. Q Is that a yes? A Right. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --\ MR. LANZA: I don't have any further questions for this witness. THE COURT: Any questions. CROSS EXAMINATION BY MR. TRAVIS: Q Mr. Dil, did you ever go inside Miss Olaf's apartment? A Beg your pardon? Q Did you ever go inside Miss Olaf's apartment? A No, never there. I only change the door (unintelligible). MR. TRAVIS: May I approach the witness, Your Honor? THE COURT: Yes. BY MR. TRAVIS: Q I'm sorry, Mr. Dil, I couldn't hear you. A (Unintelligible) the door. Change it every night. That's the only time I've ever been near it. Q But you were near her door? A On the outside. Q On the outside? A Every night. Q Every night? A We have a (unintelligible), a slide on her 28 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 n. door. We like to change it every night. Q There was a sign on her door? A No, a slide. Q A side? A A slide. Q A slide? A Yeah. Q A slide on her door? A On all the doors. Q On all the doors. And you have to change that sign every night? A Every night. Q So she saw you near the door, is that correct? A Q A Q A Q her apartment? A Q her apartment? A Yes, that's the only time. Once? Every night I do this. Every night she saw you near the door? I don't know. Did she ever ask you what you were doing in She -- no. She never asked you what you were doing in No. 29 M' 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 /ON Q Are you sure about that? A Yes. MR. TRAVIS: No further questions, Your Honor. MR. LANZA: Your Honor, just a few questions to clarify those questions. REDIRECT EXAMINATION BY MR. LANZA: Q You have duties as a hall monitor on the fourth floor? A Yes, sir. Q And your duties are to move a slide in the evening on every door on the hallway? A Right, so it shows red. Q So it shows red in the evening? A Right. Q And then what do you do in the morning? A I check the door to see if it's red to green. Q How would it become green? A Well, the tenant changes it back in the morning. Q The tenant changes it back in the morning toy green? A To green, yeah. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'IN , 'N Q So that the management knows the tenant's okay? A Right. Q Did Mrs. Olaf change hers to green every morning? A Yes, she does. Q So she knew the purpose of that? A Sure. Q How long have you had that duty? A At least ten years, maybe more. MR. LANZA: All right. No further questions, Your Honor. THE COURT: You may step down. THE WITNESS: Thank you. THE COURT: Anything else? MR. LANZA: No further evidence, Your Honor. THE COURT: Any further evidence? MR. TRAVIS: Your Honor, if counsel would stipulate, I would like to enter a copy of the letter from Mallard Run showing that she did apply for another apartment. THE COURT: You may do that. MR. LANZA: I have no objection. Just I would like to note for the record it states the estimated wait time is six months to one year. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TRAVIS: Move it be marked as Petitioner's 3. (Whereupon, Petitioner's Exhibit No. 3 was marked for identification.) MR. LANZA: And I move for the admission of all of my exhibits, Your Honor. THE COURT: All exhibits of both parties are admitted. The record is closed. Argument, moving party, off the record. (Whereupon, argument was held off the record.) THE COURT: I understand. I will take a look at the rules, and I will have something down shortly. (Whereupon, the hearing was concluded at 9:32 a.m.) 32 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 -IN CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. tamela R. Sheaffer Official Court Reporter l., ----------------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. / Date Ninth cial District 33 i^ ry G I U C I G _' Johnson, Duftie, Stewnrt & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant Attorneys for Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 18. Admitted. 19. Admitted. 20. Admitted in part. Denied in part. Despite Defendant's age, Defendant is healthier than many of the residents at Plaintiffs complex. Defendant's age has not prevented her from harassing neighboring tenants much older than herself. By way of further denial, Defendant's age has not prevented her from maintaining continuous employment. 21. Denied. Defendant was notified of her eviction in April and has had more than ample time to search for alternate housing. 22. Denied. Defendant has no basis to believe that her neighbors entered her apartment. 23. Denied. Defendant made unsubstantiated and incoherent allegations. These allegations were easily disproved when the maintenance department located items (within Defendant's apartment) alleged by Defendant to have been stolen. 24. Denied. Management replaced Defendant's locks and sent maintenance personnel to Defendant's apartment, in which the maintenance personnel located items which Defendant had claimed were stolen. 25. Admitted in part. Denied in part. It is admitted that Defendant acted in an inappropriate way. It is denied that such actions resulted from mere temporary emotions, as this illegal activity and harassment continued for months and has temporarily halted only during eviction proceedings. 26. Denied. Defendant's actions have caused substantial distress and disruption to the lives of neighboring tenants, as well as expense on the part of management repairing the damage caused by Defendant. By way of further denial, numerous tenants are older and more frail and infirm than Defendant. These tenants are entitled to live in peace without fear of continued harassment from Defendant. 27. Denied. There has been no unauthorized entry into Defendant's apartment. By way of further denial, Plaintiff has taken all actions necessary to protect Defendant's security and investigate Defendant's claims. WHEREFORE, Plaintiff demands Judgment for possession of the premises at 208 Senate Avenue, Apartment 402, Camp Hill, Pennsylvania, as well as for damages in the amount of $307.36 plus costs and interest from June 7, 1999. Respectfully submitted, JOHNSON,, DUFFIE, STEWART 8, WEIDNER By: 1 I ?? 1? David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 125665 1, Inrraine Henkel , do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. VIEW APARTMENTS SUSQUEHAN ey:.. Lorraine Henkel Dated: 08/12/99 AND NOW, this t ' r'day of August 1999, the undersigned does hereby certify that he did this date serve a copy of the foregoing TEN DAY NOTICE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 JOHNSON,,DUFFIE, STEWART & WEIDNER By: /F? David J. Lanza ?? - ?- . ' ? ? ? '.; ,= - _ .; -.: <i - s _ ?i : : a SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99-3610 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this ? ; day of August, 1999, having reviewed the Petition of the Defendant, it is hereby ORDERED ti$t: yCVJ0-Q Gt` L ,(La k,{t oA- tvtr,,OL tPC"a -h.CLI) JvNa , NAk iq U+4L ?100L)jv A044- yu*q r>`a -s ,the Supersedeas is Reinstated pending a hearing on OVt tht A-?? and, colfo? the Petitioner/Defendant , Ltc? onthly rent payments _ pursuant to Pa. D.J.R. 1008(b) e directlyto__- - - (Plaintiff-or-Court). ?er(,co? ?7, ? 9 9 4? Q..E 0 : u-s?1. gyn. ,Gnt C t?Yr.? ?? ?41. J w ? U 2 Y `j Michael S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. NO. 99-3610 CIVIL JEAN OLAF, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED EMERGENCY PETITION TO REINSTATE SUPERSEDEAS PURSUANT TO PA. D.J.R 1008(b) Petitioner/Defendant, Jean Olaf is a resident at 208 Senate Avenue, Apartment 402, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent/Plaintiff, Susquehanna View Apartments, is the owner of real estate at 208 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. Respondent operates its apartment complex as a subsidized housing program with tenants receiving assistance from the Department of Housing and Urban Development. 4. Your Petitioner is age 71 and cannot obtain other subsidized housing within a reasonable period of time. Petitioner filed an appeal from eviction from the apartment complex prior to July 9, 1999. 6. Petitioner was instructed by the prothonotary of Cumberland County that she did not have to pay rent to the prothonotary pursuant to Pa.D.J.R. 1008(b) while the case proceeded on appeal, unless the case went to arbitration. Petitioner did deposit funds representing alleged damages to the apartment with the prothonotary. 8. Petitioner made rent payments for the months of June, July, and August, 1999 directly to the Respondent who accepted the payments. 9. On or about July 20, 1999, Petitioner obtained counsel to represent her in the underlying complaint for possession. 10. Petitioner believes that she will prevail in the underlying eviction action. 11. Petitioner will suffer irreparable harm if forced to move from the apartment complex within ten days. 12. On August 3, 1999, Respondent filed a Praecipe to Terminate Supersedeas representing that Petitioner failed to make payment of rent after July, 1999, apparently granting possession within ten days. 13. Respondent is not entitled to termination of the supersedeas. WHEREFORE, Petitioner prays this Honorable Court to Reinstate the Supersedeas, and award counsel fees and such other relief as this Court may determine appropriate. Respectfully submitted, ichael S. Travis Attorney for Petitioner 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATED:-L- 5! 99 Jet Olaf CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: David Lanza, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: By. ael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Petitioner ?- .:, ,_. ? , ?. Allinson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 57782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION TO REINSTATE SUPERSEDEAS 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. While the Petitioner's age is admitted, Petitioner has had more than four (4) months to find new housing since Plaintiff posted the original notice of eviction (resulting from the discovery of Petitioner's illegal conduct). 5. Admitted. 6. Denied. The Prothonotary does not and cannot give legal advice, especially legal advice which contradicts the rules of procedure. 7. Admitted. 8. Admitted in part. Denied in part. Petitioner made no payment for the month of August 1999 until after the Supersedeas was terminated. 9. Denied. Plaintiff has no knowledge regarding this averment. 10. Denied. Defendant/Petitioner has admitted the conduct which constitutes the subject of the Complaint and Plaintiffs grounds for eviction. 11. Denied. Defendant/Petitioner has had more than four (4) months to find a new apartment. By way of further denial, Plaintiff and the neighboring tenants will suffer irreparable harm if Defendant is permitted to continue occupying the premises. 12. Admitted. By way of further answer, Defendant/Petitioner had paid no rent to any party for August 1999 at the time Plaintiff filed its Praecipe to Terminate Supersedeas. 13. Denied. Plaintiff is entitled to termination of the Supersedeas as a result of Defendants failure to timely pay August rent, and also as a result of the irreparable harm which Plaintiff and the neighboring tenants will suffer if Defendant is permitted to continue occupying the premises. WHEREFORE, Plaintiff requests that this Honorable Court dismiss the Petition of Defendant/Petitioner, and enter an Order terminating the Supersedeas in this case. NEW MATTER 14. Paragraphs one (1) through thirteen (13) hereof are incorporated by reference herein. 15. Plaintiff and the neighboring tenants will continue to suffer irreparable harm if Defendant/Petitioner is permitted to continue occupying the premises. 16. Defendant/Petitioner has committed intentional acts of harassment against neighboring tenants, including vandalism and littering of the common areas and intentionally smearing garbage and waste products on and about the door of one neighboring elderly tenant. 17. Defendant's conduct also includes verbal harassment and abusive language, all of which has caused at least one neighboring tenant to live in fear for his safety, despite having occupied his apartment for twenty (20) years with no prior problems. 18. Defendant/Petitioner has admitted, under oath, the conduct which gives rise to the eviction. 19. Defendant has no basis for appealing the possession award, for attempting to remain in the property, or to challenge Plaintiffs Complaint. 20. The safety and well-being of the neighboring tenants mandates immediate removal of Defendant/Petitioner from the premises. 21. Plaintiff/Respondent incurred attorney fees for the purpose of terminating the Supersedeas, all of which resulted from Petitioner's failure to pay rent in a timely fashion. WHEREFORE, Plaintiff requests that this Honorable Court dismiss the Petition of Defendant/Petitioner, enter an Order terminating the Supersedeas in this case, and award attorney fees to Plaintiff. Respectfully submitted, JOHNSON, DUFFsIE, STEWART & WEIDNER By: UV David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :125539 Lorraine Henkel do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. SUSQUEHANN -VIEW APARTMENTS 0 By: Q Lorraine Henkel Dated: 08/12/99 AND NOW, this -3 day of August 1999, the undersigned does hereby certify that he did this date serve a copy of the foregoing ANSWER TO DEFENDANT'S EMERGENCY PETITION TO REINSTATE SUPERSEDEAS upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: David J. Lanza .,, ?:. - ' ,,, .._ ?, - ? ; ?> -'> C ?" ? ? j !: ... ` , .? .. ?. ? ?J Michael S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. NO. 99-3610 CIVIL CIVIL ACTION - LAW JEAN OLAF, Defendant NOTICE TO PLEAD TO: Susquehanna View Limited Partnership c/o David J. Lanza, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Date: bl-S199 By: 1056A& Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Defendant Michael S. Travis Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 SUSQUEHANNA VIEW LIMITED IN THE COURT OF COMMON PLEAS PARTNERSHIP, OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 99-3610 CIVIL V. CIVIL ACTION - LAW JEAN OLAF, Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1 - 5. Admitted on information and belief. 6. Denied. The lease and its amendments speak for themselves. 7. Admitted in part, denied in part. Admitted that defendant is prohibited from damaging the premises. Denied the implication that littering rises to the level of a substantial violation of the lease which allows for termination of the lease. 8. Admitted in part, denied in part. Admitted that defendant is prohibited from committing any illegal acts on the premises. Denied the implication that any actions of defendant rise to the level of substantial violation of the lease which allows for termination of the lease. 9. Admitted in part, denied in part. Admitted that defendant littered in the common areas of the premises. Denied that littering is a violation of the lease rising to the level which allows for termination of the lease. 10. Denied that defendant breached the lease by harassing her neighbors, strict proof is demanded at trial. 11. Denied. Paragraphs 9 and 10 are incorporated by reference. 12. Denied that defendant defiantly continued illegal activities despite warnings to stop all such activities. By way of further answer, defendant had safety issues she believed were ignored by the management and caused her to act irrationally. The warnings speak for themselves. 13. Denied. Strict proof of damages is demanded at trial. 14. Denied. This matter on appeal from the district justice is de novo and references to the district justice must be struck from the pleadings. 15. Denied. Plaintiff has stated a conclusion of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 16. Denied. Strict proof of damages is demanded at trial. 17. Admitted in part, denied in part. Admitted that plaintiff has demanded that defendant vacate the premises. Denied the implication that defendant is required to vacate the premises under the lease agreements attached to plaintiffs complaint. WHEREFORE, defendant demands that judgment be entered in her favor and against the plaintiff, and the plaintiffs demand for possession of the premises be dismissed. NEW MATTER 18. Plaintiff operates its apartment complex as a subsidized housing program with tenants receiving assistance from the Department of Housing and Urban Development. 19. Plaintiff has tenants in the subject apartment complex who are aged and infirm. 20. Defendant is age 71 and receives a housing subsidy through HUD. 21. Defendant will not be able to obtain alternate subsidized housing within a reasonable period of time. 22. Defendant believed at all time relevant hereto that her neighbors were entering her apartment without her permission or that of the management. 23. Defendant addressed these concerns to the management on several occasions before the alleged lease violations. 24. Management failed to act on defendant's repeated requests that actions be taken to prevent unauthorized entry into her apartment. 25. Out of anger and/or frustration, defendant may have reacted in an inappropriate way toward her neighbors. 26. None of defendant's actions towards the management of apartment complex or that of her neighbors rise to the level of a substantial violation of the lease or its amendments. 27. Plaintiff failed to take action to address the concerns of unauthorized entry into the defendant's apartment. WHEREFORE, defendant respectfully requests that judgment be granted in her favor, together with costs and attorneys fees as the Court may allow, along with any additional relief the Court may deem just and appropriate. Respeztfully Submitted, ichael S. Travis Attorney for Defendant ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATED. an Olaf CERTIFICATE OF SERVICE 1, Michael S. Travis, certify that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: David J.Lanza, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: By. ' icl ael S. Travis ID No.77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Defendant I. , 'I I :L lS: l.) .0 Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. Attorneys for Plaintiff JEAN OLAF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3610 Civil CIVIL ACTION - LAW PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO PA D J R 1008(4) TO THE PROTHONOTARY: Please terminate the supersedeas in the above-referenced matter by reason of the Defendant's failure to make the monthly payments from and after July 1999. ?0- -ALd'L AA?a4 Respectfully submitted, JOHNSON,, DDUFF,I?E, STEWART & WEIDNER By: C_4 David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :125304 AND NOW, this j day of August 1999, the undersigned does hereby certify that he did on this date serve a copy of the foregoing PRAECIPE TO TERMINATE SUPERSEDEAS PURSUANT TO 1008(b) upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Camp Hill, PA 17011 JOHNSON, DUFFIIE, STEWART 8, WEIDNER By: /J k David J. Lanza V? P T b r5c _ _?? r, tr ` .iv (i 1 J JEAN D. OLAF 50-184/313 810 208 SENATE AVE. 5120733t5 CAMP HILL, PA 17011 V, -7 DATEI D I ? PAY TO THE ORDEQ OF LLARS Oti-M Commpe?rce "Bank Immbwp, NA. loo eeNATE Ave1. ' CAMP' ILL, PA 9011 0:03,30,8461: 5L 20723, 0810 21'00 001900021' r- Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant To the Defendant: NO. 99-3610 Civil CIVIL ACTION - LAW 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: David J. Lanza I.D. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUSQUEHANNA VIEW LIMITED PARTNERSHIP, Plaintiff V. JEAN OLAF, Defendant NO. 99-3610 Civil CIVIL ACTION - LAW The Plaintiff, SUSQUEHANNA VIEW APARTMENTS, is the owner of real estate situate at 208 Senate Avenue, Camp Hill, (East Pennsboro Township) Cumberland County, Pennsylvania 17011. 2. The Defendant, JEAN OLAF, is an adult individual residing at 208 Senate Avenue, Apartment 402, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about April 1, 1995, Plaintiff and Defendant entered into a Lease Agreement. A true and correct copy of the aforesaid Lease is attached hereto as Exhibit "1". 4. On or about October 1, 1996, Plaintiff and Defendant entered into a lease amendment. A true and correct copy of the aforesaid lease amendment is attached hereto as Exhibit "2". 5. On or about February 26, 1999, Plaintiff and Defendant entered into a lease amendment. A Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA true and correct copy of the aforesaid lease amendment is attached hereto as Exhibit "3". 6. Pursuant to the aforesaid Lease and related amendments thereto, Defendant is prohibited from conducting any activity which would constitute harassment of neighboring tenants and which would disturb the peaceable enjoyment of the property by neighboring tenants. 7. Pursuant to the aforesaid Lease and related amendments thereto, Defendant is prohibited from damaging or littering the property and the common areas. 8. Pursuant to the aforesaid Lease and related amendments thereto, Defendant is prohibited from committing any Illegal act on the aforesaid premises. 9. Defendant is in violation of the aforesaid Lease in that Defendant has intentionally littered the common areas of the aforesaid premises. 10. Defendant is in breach of the aforesaid Lease as a result of Defendant's activity in harassing neighboring tenants. 11. Defendant is in violation of the aforesaid Lease as a result of Defendant's illegal activity in harassing neighboring tenants and repeatedly littering the common areas for the purpose of harassing neighboring tenants. 12. Defendant has defiantly continued this illegal activity despite repeated warnings to stop all such littering and harassment. True and correct copies os such warnings are attached hereto as Exhibits "4" and "5". 13. Defendant's activities have caused damage to Plaintiff in the amount of $231.64, as a result of damage to the carpet in the common area of the premises. 14. Plaintiff has been forced to incur District Justice filing fees in the amount of $75.72 in order to obtain a judgment for possession and damages on June 7, 1999. 15. Plaintiff is entitled to immediate possession of the aforesaid premises as a result of Defendant's Lease violations. 16. Plaintiff is entitled to damages in the amount of $307.36, calculated as follows: Carpet Damage District Justice Filing Fees TOTAL $231.64 5-M22 $307.36 17. Plaintiff has demanded that Defendant vacate the premises, but Defendant has refused and continues to refuse to vacate the aforesaid premises. WHEREFORE, Plaintiff demands Judgment for possession of the premises at 208 Senate Avenue, Apartment 402, Camp Hill, Pennsylvania, as well as for damages in the amount of $307.36 plus costs and interest from June 7, 1999. Respectfully submitted, JOHNSON, DUFFIE, STEWART 8, WEIDNER By: )1 [1"' David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :124313 Lorraine Henkel do verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. SUSQUEHANNA VIEW APARTMENTS By: _ 1 0? 1Jl.A-cam Lorraine Henkel Dated: ?1?`?1 AND NOW, this s`IrL ! vay of July 1999, the undersigned does hereby certify that he did this date serve a copy of the foregoing Complaint upon the other parties of record by causing same to be deposited In the United States Mail, first class postage prepaid, at Lemoyne, Pennsyivania, addressed as follows: Ms. Jean Olaf 208 Senate Avenue Apartment 402 ramp Hill, PA 17011 JOHNSON,, DUFFIE, STEWART 8, WEIDNER By: )- ?' David J. Lanza LEASE AGREEMENT FOR SUBSIDIZED PROGRAMS 1. PARTIES AND DWELLING UNIT: The panics to this Agreement are NHP MANAGEMENT COMPANY A NT FOR SUSOUEBANNA VIEW APARTMENTS referred to u the Landlord, and Jean Olaf referred to as the Tenant. The Landlord leases to the Tenant unit number 402, Ioated st 208 SENATE AVR, , CAMP HILL, PA 17011in the project known ss SUSQUEMNNA VI-EN APTS. 2. LENGTH OF TIME PM): The initial term of this Agreement shall begin on -Aux" 1, 1995 and end on April 30, 1995 , After the initial term ends, the Agreement will continue for successive terms of one MONTH each unless automatically terminated as permitted by Paragraph 24 of this Agreement. 3. RENT. The Tenant agrees to pay f for the partial month ending on . After that, Tenant agrees to pay a rent of $161 Oyer month. This amount is due on the FIRST day of the month at _ Rental Office The Tenant understands that this monthly rent is less than the market (unsubsidized) rent due on this unit. This lower rent is available either bemuse the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) and/or because HUD makes monthly payments 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 Assistance Payment line of the Certification and Recertification of Tenant Elor ility Form, which is Attachment No.1 to this Agreement. 4. CHANGES IN THE TENANT'S SHARE OF THE RENT. The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant.may be changed during the term of this Agreement if. a. HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUD procedures, that an increase in rents is needed; b. HUD or the Contract Administrator changes my 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 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; C. HUD's procedures for computing the Tenant's assistance payment or rent change, or I. the Tenant fails to provide information on his/her income, family composition or other futon 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 administrative procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Tepant at lean 30 days advance written notice of any increase in the Tenant's rent except ai noted in Paragraphs 12, 16, or 18. The Notice will state the now 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 shay meet with the Landlord to discuss the rent change. PLAINTIFF'S EXHIBIT I S 5. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS: If the Tenant does not pay the full amount of the rent shown in Paragraph 3 by the end of t. 5th day of the month, the Landlord will charge a fee of $5.00 on the 6th day of the month. Thereafter, the Landlord will charge a fee of $1.00 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 24. The Landlord may collect a fee of $--LO -which is an amount equal to the bank charge for returned checks the first time or any aditional time a check is not honored for payment (bounces). Also, late fees will accrue until the check is replaced in full, either by certified check or money order. Personal checks will no longer be accepted once a resident's check is returned for non-sufficient funds. The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. Late fen will be assessed accordingly in wet of returned clucks. 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 Unit Inspection Renort which is Attachment No. 2 to this Agreement. The Tenant also agrees that the Landlord It= made no promises to decorate, alter, repair or improve.the unit, except as listed on the Vj9 fwpection Reoort. 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 utility company. The items in column (2) are included in the Tenant's rent. (1) (2) Put *X" Type Put 'X* By Any of By Any Utility Utility Utility Tenant Included Pays In Tenant PJIS& Rent Heat Lights & x Electric x Cooking x Water x Other (Specify) b. The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is due. The Landlord certifies that HUD has authorized him/her to collect the type of charges shown in column (3) and that the amounts shown in column (3) do not exceed the amounts authorized by HUD. (3) Show $ Amount Tenant Pays to Landlord in Addition to Rent Parking S Other (Specify) S S _, 8. COURT PILING, ATTORNEY, AND SHERIFF FEES: Payments of these fees will be accepted from tenants who wish to avoid or settle an eviction suit. These fen cannot exceed the actual costs incurred by the Landlord.. 9. SECURITY DEPOSITS: The Tenant has deposited S 14 2.00 with the Landlord. The Landlord will hold this Security Deposit, in the financial institution known a Agmn, 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 of any or all of the Security Deposit. The amount of the refund will be determined in aceordanu 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 24, unless the Tenant was unable to give the notice for reasons beyond his/her control; 1. Death of Tenant. (Death Certificate required) 2. In the event the Tenant is transferred to such a distance that maintaining a residence in the leased unit would constitute a serious hardship by reason of military orders or action of his/her employer m substantiated by written proof. 3. The Tenant is unable to maintain his/her residency due to a disability which necessitates being placed in a camproviding facility, such as nursing home, or other similar facility. (Written verification will be requrr4 b. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another nit Inspection Report. The Landlord will permit, and encourages, the Tenant to participate in the inspection, if the Tenant so requests. C. The Landlord will refund to the Tenmt the amount of the Security deposit (plus applicable interest, less any allowable administrative fee, computed at . %, beginning ,R l,less any amount needed to pay the cost of. (f) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report completed at move-in; (3) charges for late payment of rent, legal fees and returned checks, as described in Paragraph 5 and Paragraph S; and (4) charges for unretumed keys, a described in Paragraph to. d. The Landlord agrees to refund the amount computed in Pangnph 9c within _10 days after the Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and given his/her new address to the Landlord. The Landlord will also give the Tenant a written list of charges that were subtracted from the deposit. If the Tenant disagrees with the Landlord concerning the amounts deducted and mks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. C. If the unit is rented by more than one person, the Tenants agree that they will work . out the details of dividing my refund among themselves. The Landlord will pay the refund, jointly, to any Tenants identified in Pangnph 1 of this Agreement. L The Tenant understands that all outstanding rent and damages are due prior to move. out. The Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with Paragraph 12. In the me of a unit transfer within the project, the security deposit will be refunded, lea any charges, and a new deposit will be collected, bated on the new rental amount and/or housing programs, if applicable. 10. KEYS AND LOCKS: The Tenant agree not to install additional or different locks or gate 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 Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant S 5_00 - for each key the Landlord provided which is not returned. 3' 11. MAINTENANCE- o. The Landlord agrees to: (1) regularly clean all common areas of the project; (2) maintain the common area 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, (» provide extermination services, as necessary; and (8) maintain grounds and shrubs. b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of project; (4) not destroy, deface, 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 clan and safe manner and dispose'of in designated containers and/or areas. Tenant agrees to handle all trash and recyclable materials in accordance with Landlord's regulations and State Law. 12. DAMAGES: Whenever damage is caused by carelessness, misuse, or neglect an the part of the Tenant, his/her family or visitors, the Tenant agrees to pay: a. the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges; and b. rent for the period the unit is damaged whether or not the unit is habitable. The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUDapproved market rent rather than the Tenant rent shown in Paragraph 3 of this Agreement. 13. 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 area, or the project grounds; 4 e. attach any shelves, screen doors, or other permanent improvements in the unit; f• install washing machines, dryers, fins, heaters or air conditioners in the unit; or g• place any aerials, antennas or other electrical connections on the unit. 14. GENERAL RESTRICTIONS: The Tmmt must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only a s private dwelling for himself or herself and the individuals listed on the Certifiation o^d Aer"r•: Trnamt Elieibility. The Tenant agrees to fiunit yply ng 2 of pher obtaini orIdLl5permit other individuals to reside es the unit --the?--.-_, prowl of the t glom, The Tenant agrees not to; a. sublet or assign the unit, or any put 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 of the Landlord; or C. crate or permit any disturbing noises in or about Tenant's dwelling unit by himself, his family, or guests; nor shall he, his family, or his guests interfere with or materially diminish the rights, comforts, or convenience of other Tenants or surrounding neighbors, Neither the Tenant, his family, nor his guests shall engage in any activity that would constitute an offense against persons, public order, or public health or decency, or that involves fraud, deception, firearms, or other weapons. L refuse the extermination services for rodent or insect infestation. Management will consider an exception for verified medical reasons. g• fail to immediately notify the Landlord in the event that Tenant is unable to maintain sufficient hest (for which the Tenant pays) to the premises. Tenant shall pay for any damages to the unit resulting from the Tenant's negligent or intentional failure to maintain sufficient hest or to notify the Landlord of the lack of sufficient heat. 15. RULES: The Tenant agrees 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 ih a, the rules are reasonably related to the safety, are 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 30 days before the rule is enforced, 16. REGULARLY SCHEDULED RECERTIFICATION& Once each year around the_fiM _day of December the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply my other information required by HUD for the purposes of determining the Tenant's rent 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 Landlord's request. The Landlord will verify the information supplied by the Tenant and use the verified information to recompute the amount of the Tenant's rent and assistance payment,. if any. If the Tenant does not submit the required receniftation 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 of multifamily subsidy programs, (t) Require the Tenant to pay the higher, HUD-approved market sent for the unit (2) Implement any increase in rent resulting from the recertification processing without providing tlhe 30-day notice otherwise required by Paragraph 4 of this Agreement. Is. 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 meet with the Tenant and discuss how the Tenant's rent and assistance payment, if any, were computed. 17. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATION& a. If any of tlhe following changes occur, the Tenant agrees to advise the Landlord immediately. (1) Any household member moves out of the unit. (2) Any adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment. (3) The household's income cumulatively increases by $40 or more a month. Is. 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, if the Tenant's income will be partially or fully restored within two 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 certification process. The Tenant has thirty days after receiving written notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. If the Tenant floes not advise the Landlord of these interim changes, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in 1-IUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The Tenant may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any. If the Tenant requests such a meeting, tlhe Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment, if any, was computed. 18. REMOVAL OF SUBSIDY: a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items 1 or 2 below occur. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will be required to pay the HUD-approved market rent for the unit. (1) The Tenant does not provide the Landlord with the information or reports required by paragraph 16 or 17 within 10 calendar days after receipt of the Landlord's notice of 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 Attachment 1. v -- b. The Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten 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 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 if the Tenant submits the income and other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available. 19. TENANT OBLIGATION TO REPAY- If 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 17 of this Agreement, and as a result, is charged a rent less than the amount required by HUD'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 to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments. 20. SIZE OPDWELLING- The Tenet understands that the Landlord will assign units according to the size of the household and the best use of the unit, and, in accordance with HUD's Occupancy Standard Guidelines. If the Tenant is or becomes eligible for a different size unit due to a change in household composition and the required size unit becomes available, the Tenant agrees to: a. move within 30 days after the Landlord notifies him/her that a unit of the required sin is available within the project; or b. remain in the same unit and pay the HUD-approved market rent. If the Tenant household has a mobility impairment and an accessible unit becomes available, the Tenant has the right to refuse the accessible unit and remain in the present unit without penalty. The Tenant will be required to sign a Lease Addendum 'Right of Pint Refusal% if the unit offered is declined. All costs incurred by the Tenant as a result of a unit transfer due to overcrowding or undenuilization will be the sole responsibility of the Tenant. , The Tenant understands that if the unit they are raiding in is an accessible unit and no member of the Tenant household requires the accessible futures of the unit, the Landlord may require the family to move to another unit when another tenant or applicant requests a unit with the accessible futures of the unit. If you refuse to move, action will be taken against you, including paying the HUD•appnrved Market Rent for the unit and/or appropriate legs action for noncompliance with the Luse Agreement. 21. ACCESS BY LANDLORD: The Landlord agrees to enter the unit only during reasonable hours, to provide two (2) days advance notice of his/her intent to enter the unit, or obtain prior resident consent, except when emergency situations make such notices or prior consent impossible or except under Paragraph (c) below. a. The Tenant agrees to permit the Landlord, his/her 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 of Intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable boon. C. If the Tenant moves, without prior written notice to the Landlord, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re- occupancy. 22. DISCRIMINATION PROHIBITED: The Landlord agrees not to discriminate based upon race, color, religion, creed, national origin, in, age, handicap, membership in a class (such u unmarried mothers or recipients of public assistance), or because there are children in the family. 23. CHANGE IN RENTAL AGREEMENT; The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term 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 existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective 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 feast 30 days before 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 24. 24. TERMINATION OF TENANCY: To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before moving from the unit. If the Tenant does not give the full30day notice, the Tenant shall be liable for rent up to the end of the 30 days for which notice was required or to the date the unit is re•rented, whichever date comes first, Termination of tenancy under this provision is to occur only on the last day of any given month unless otherwise approved in writing by the Landlord b. Any termination of this Agreement by the Landlord must be arried out in accordance with HUD regulations, State and local law, and the terms of this Agreement. The Landlord may terminate this Agreement only for. (1) the Tenant's material noncompliance with the terms of this Agreement; (2) the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act; (3) criminal 'activity that threatens the health, safety, or right to panful enjoyment of the premises by other tenants or any c1mg•related criminal 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 (4) 'other good muse*, which includes, but is not limited to, a Tenant's refusal to accept a Landlord's proposed modification of the lease. The Landlord will determine whether a particular circumstance/action constitutes a'good muse' for evicting a Tenant. Whatever the muse, the Landlord must give the Tenant prior notice that such action would be grounds for termination of tenancy. Terminations for 'other gold cause' may only be effective at the end of any initial or successive lease 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, e) interfere with the management of the project, or d) have an adverse financial affect 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 beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lean after the due date but within the grace period permitted under State law constitutes a minor violation. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice of the proposed termination. If the Landlord is terminating this Agreement for *other good cause; the termination notice must be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD at lean 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 State or local law. All termination notices must: (1) specify the date this Agreement will be terminated; (2) state the grounds for termination with enough detail for the Tenant to prepare a defense; (3) advise the Tenant that he/she has 10 dayr 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 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 (4) advise the Tenant of his/her right to defend the anion in court if any court action is brought. d. If an eviction is initiated, the Landlord agrees to rely only upon those grounds deed in the termination notice required by Paragraph (c). 25. HAZARDS: The Tenant shall 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 fire, wind, or rain to the extent that the unit cannot by lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. 26. 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 material 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 fines up to $10,000 and imprisonment for up to five (5) years. 27. DISCLAIMER OF PERSONAL PROPERTY LIABILITY: The Landlord, Managing Agent, and Owners of this apartment community hereby notifies all Tenants that we are not responsible for the loss or damage to any personal possessions and property. Such items are not covered by the apartment community's insurance. Insurance of your personal property is solely your responsibility. The following are examples of incidents which the Landlord, Managing Agent and Owners have nQ responsibility: BURGLARY: Should your apartment be burglarized and all your possessions stolen. the Landlord, Managing Agent and Owners have no responsibility. WATER DAMAGE: If a water line broke in your building, ruining your apartment and possessions. the property's insurance would cover the damages to the building but = your possessions. FIRE: In the instance of a fire- the Landlord, Managing Agent and owners maintain insurance coverage for the building, hpi = your personal possessions. With this information in mind, the Landlord strongly recommends that the Tenant purchase a Renter's Insurance Policy to provide personal coverage for your possessions and property. 28. DRUG-FREE HOUSING PROVISION: The Landlord, Managing Agent and Owners ofthis apartment community are committed to Drug-Free Housing. All Tenants are required to abide by the following provisions. Violations of these provisions will be comidered as cause for termination of tenancy: v 1. Tenant, any member of tenant's household, or a guest or other person under the Tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near project premises. "Drug-rclated criminal activity" meant the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)). 2. Tenant, any member of the Tenant's household, or a guest or other penon under the Tenant's control shall not en a in any act intended to f cahate t including drug-related cnmutal activity, on or near project premises. 3. Tenant or members of the household will not permit the dwell 11 [snit to b • t or to faril late criminal activity including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. 4. Tenant or member of the household will not engage in the manufacture, sale, or distribution of illegal drugs in any location, whether on or near project premises or otherwise. 5. Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control M1 .091 eneaee in acts of violent threats of viole including, but not limited to, the unlawful discharge of firearms, on or nor project premises. 6. VIOT.A770M OR TRY? Annvrn „s,,....,..,..... ...... __ US UICIC provisions silaii be deemed a serious violation and a material noncompliance with the Lease Agreement. It is understood and agreed that a single violation shall be good muse for termination of the Lease Agreement. Unless otherwise provided by law, proof of the violation shall not require criminal conviction, but shall be by a preponderance of the evidence. 29. CONTENTS OF THIS AGREEMENT[ This Agreement and its Attachmenn make up the entire agreement between the Tenant and the Landlord regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. 30. ATTACHMENTS TO THE AGREEMENT: The Tenant certifies that he/she has received a copy of this Agreement and the following Attachment, to this Agreement and understands that these Attachments are part of this Agreement. a. Attachment No 1 - Form HUD-50059, Certification and Recertification of Tenant Eligibility. b. Attachment Nn. 2 - Unit Inspection Report, C. Attachment No. 3 - House Rules (if any). d. Attachment No. - 31. SIGNATURES: BY. 1• ? Date 2. Date 3, V Date 10 SUSQUEHANNA VIEW A P A R. T M E N T S October 1, 1996 Jean Olaf 208 Senate Ave., Apt. #402 Camp Hill, PA. 17011 Dear Resident: Attached please find a Lease Agreement Amendment. This Amendment revises the provisions for Termination of Tenancy found in Paragraph 24 of your Lease Agreement, effective DECEMBER 1, 1996. Please read the attached, especially the items that are in bold, as these are the items that have changed. If you agree to these changes, please sign and date the area on the second page under "Lessee". (All household members, 18 years of age and older must sign, too. They may sign anywhere at the bottom of the second page if there are not enough spaces) After everyone has signed the Amendment; please return it to the Rental Office no later than NOVEMBER 1, 1996. If you do not sign and return the Amendment by the above date, we will have no choice but to take legal action to terminate your Lease effective DECEMBER 1, 1996. If you have any questions with regard to this, please feel free to contact the Rental Office during normal business hours. Thank you for your cooperation in this matter. Sincerely, Za ur " *v?le rAd Property Manager file: Resident File 208 SENATE AVENUE, CAMP HILL, PENNSYLVANIA 17011 a TEL p17i 763.1184 FAX (717) 763$987 rwinnFF's EXHIBIT 2 • - _ This Amendment to the Lease Agreement effective December 1, 1996 between Jean Olef known as Lessee, and SUSQUEHANNA vlvw APARTi1 IV c, known as Lessor, shall be incorporated into and made a part thereof. It is agreed between the Parties hereto that Paragraph 24 "Termination of Tenancy", b. (3) and b. (4) of the Lease Agreement is amended as follows: 24. TERMINATION OF TENANCY 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: (3) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences. by persons residing in the immediate vicinity of the premises; any criminal activity that threatens the health, or safety of any on-site property management staff responsible for managing the premises; or any drug-related criminal activity on or near such premises, engaged in by a resident's household, or any guest or other person under the resident's control shall be grounds for termination of tenancy. (4) expiration of the Section S Housing Assistance Payments Contract between the Owner and HUD; or (5) "other good cause"...." Amendment 12/96 page I of 2 1 Except as stated above, all other provisions of the Lease Agreement remain in effect Signatures By: M tiod'o, ``Man?' agement Representative Date: H(O Amendment 12/96 Lessee: Date: 411 -• 02 ?_ Lessee: Date: pnee 3 oft C i&:ASE AMENDMENT February 11, 1999 Ms. Jean Olaf 208 Senate Ave Camp Hill, PA 17011 Dear Ms. Jean Olaf: r This is to notify you that on the basis of our recent review of your income and family composition, your monthly rent has been adjusted as follows: Contract Rent $ 713 Utility Allowance $ 0 Assistance Payment $ 523 Total Tenant Payment $ 190 Tenant Rent' $ 190 The new rent is effective with the rent due for the month of 03/01/99. This notification amends Paragraph 3 of your lease agreement which sets forth the amount of rent you pay each month. All other provisions of your lease remain in full force and effect. The next scheduled recertification is 03/01/00. Attached for your records is a copy of the Form 50059 Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures and applicable worksheet(s). You should substitute these forms in place of the previous 50059 and worksheet(s) which are attached to your lease. The 50059 shows you the income we used to calculate your new rent and the amount of rental assistance, if any, that HUD pays monthly on.your behalf. The next scheduled recertification is 03/01/00. By signing below, you acknowledge that you have been informed by this INITIAL NOTICE of when your next scheduled recertification is and understand your responsibility to respond to a Reminder Notice that will be sent to you approximately 90 days prior to the next scheduled recertification. If you do not respond to the Reminder Notice by 2/10/00, your lease gives us the right to raise your rent. You may call me at (717) 763-1184 if you wish to arrange a meeting to discuss the above. Thank you for your cooperation. Sinc rely, Accepted: Occupancy Manage i e o ouse o a e - pouse o- ea --- D-a Ee- October 28, 1998 Dear Residents: We are having several problems of which we don't have a solution for. We could use some help in solving this problem. We have recently had many times of where someone has Apit on the elevator wall or floor, or has Apu on the rug in the hallways. Who ever is doing this, please don't spit in the building. We are sorry if you are having health problems, but please carry a Kleenex or napkin to use when you need to do this. Also, please throw what ever you use away in a trash can. The other thing that is starting is we are finding more and more candy wrappers, gum on the carpets, and a strange variety of trash being placed on the carpets in the hallways. Also, please stop shaking rugs in the stairwells. If everyone could put these types of things in their own trash cans, or since everyone has trash room key you can use that when you are in the lobbies. I want to thank everyone who has been so good in helping us keep the property as nice as it is!! Sincerely, Management PLAINTIFF'S EXHIBIT 4 November 2, 1998 Dear Residents of the 4th Floor: There have been several occurrences of sugar, salt, pepper, roach traps, and general dirt being placed on the carpet in the hallway. We have no idea why this is happening, but if it doesn't stop we will be having roaches and ugly stains in the carpet. This has happened too many times for it to be an accident. If any one is having a problem, please come and talk to the office. If anyone knows or has seen who is doing this please write up a complaint form. We may be left with no choice but to put up hidden camera's to find out who is responsible for doing things like this. Thank You, Management PLAINTIFF'S EXHIBIT 5 • 1 L . , ?I . i(L U m 7 353 238 870 1 US Postal Service Receipt for Certified Mail No Insurance Coverann W PENNSYLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL 1 FROM C. - ?!?• rr DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO 9?- J aQ (n/ -., / 44 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the dale and in the case mention below. 14A Al S - L/ - pc;-' s""r v^ ?nm ?? t Sri C 0 N fpvrm) y !MlencbM/ CV 19 f LT 19 e- /' Thor block will be signed ONLY when this notation is required under Pa. R)CP,JP. No. 1008L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case ?1>LU1? G,?ryli?Lu. ,(..('J? y 01 -3gnature of Proinonotary a Deputy If appellant (see Pa. R.C.P.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 upon appellee(s), to file a complaint in this appeal -?N-3-•ne of atpeaBe(s) (Common Pleas No y li) (J ClCU+. 1 l f?-- ( within twenty (20) days after service o rule or suffer entry of judgment of non PM 1". 'C / Sraftne of a /us ettamey a;perE RULE: appellee(,). V Name or apefeMs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) N you do ngt,fflewtg*,int within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The: i(ate of service of this ruatf service was by moil is the date of mailing. C Date: !% / f _ _,9 ,lam„ram C[. }!.1<l.Lrs ?.c s?eae a a oJpNy JOPC 312-91 COURT FILE I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of service MUST BE FILED Wi I HIN TF N (10) DAYS AFTER riling me notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF._ AFFIDAVIT: I hereby swear or affirm that) served [J a COPY of the Notic of AppeELL / Co?T Pleas No. (date of service) ?!L__ - 7 r Y upon the DiSltrict Justice designated therein on receipt.altached biweio. and u_ppy,te appellee, )Warne) ,j?ny personal service y (certified) (registered) mad, sender's s_ _.On ,on y personal service (5'by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Ru le to File a Complaint)rc0mpanymg the above Notice of Appeal uponpe appellee(s) to whom the Rule was addressed on 19_, -] b mail, sender's receipt attached hereto. Y personal service &;-6Y (certified) (registered) SWORN (AFFIRMED) AN4SLUJIBISC ED BE FORE ME THIS _??_ AZ. 79 sgnat,e of wr,c ? Lworu ?+num un?r!av,!,vu mar.rr ----__. TWO or off"W -- My camminson nxpec. oc t9_ Nntgrial Seal Sharon H. lie:?mr:, it-4nry F•17m Ggntp i ill ?!pti. !:um'! _.da,nl (Lhii'Y My Co.nnuss?m C.q:'-•r .mv it_: i;0? hlemntr, F'nn^SJiC?S.t ac»ot 'V n: r;m4t rats i Signafure of affiant c_ rt _ r r •' N „1 :7 ? _r caift"WRAAW Of PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM ' If y 9 9 DISTRICT JUSTICE JUDGMENT COMMON PLEAS Ns q NOVICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment mndered by the District Justice an the d^otst ?." the can men 0 belo, CV IT 1 10068, R.I7 Ay. No This Notice of Appeal, when mceived by the District Justice, will operate as a SUPERSEDEAS to the ju.4grnent for possession in this case (see Pa. R.C.P.JP. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. (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). PRAECIPEt To Prothonotary Enter rule upon) LLS611/I- " /tl /??/' /iPTs rJSra «aJaeae«sl appellee(s), to file a complaint in this appeal (Comrnon Pleas No 11111 T? ) within twenty (20) days after service of rule or suffer entry of ludgnent of ran pros. RULEe Tn,S/LCI.?' U F !! r°s r ° ne anw" , spent Ale- a « aJp«rBa(Wsl S) , APIs , oppellee(s). ((v// Ne'ne (1) You am ratified that a rule is herby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon You by personal service or by certified m mgistemd nail (2) If YOU do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (9) The date of service of this rule 'd service was by mail is the date of mailing. Deft: 119 srvaus or or Deputy A0PC3ia.er COURT FILE TO BE FILED WITH PROTHONOTARY 7j•`- m U wove )o ainleuBts r? a N 4? ? M -F: vo sa,,6, uo,^, !wwoa Ayy 18,011lo to 81111 apam sem luepyly woVn' a?olaV lawllo to oiryeu&a --6 t JO AVO SIHI M 38OJ39 a391aosans (INV ((13W)J1jjV) NHOMS olaleq patpulla Idlonal sjapuas'llew (palalsl6ai) (pagluao) Aq ? eoiAlas leuosjad Aq ? -6l uo passaippe seM alna aqI wOgMO1(s)9alladdeaq) uodn luaddVyoaotloNanogeagl 6uiAuedwoooe luieldwoo eaIlj olalnyagl pa"as l legllagUn) pue ? 'olalag pagaepe 1dlaaw sjapues glew (paielsl6ai) (pagglao) Aq ? eoi"as ?euoslad Aq ? --6( uo' (oweu) aapadde aql uodn pue olalaq papelle Idnlaal s',IapuaS 'pew (palalslbau) (paygia)) Aq ? aoiA as leuosiad Aq [7, (eprnues Io alep) uo ulaiagl poleu6lsap eoilsnp loulsld agl uodn -- ON seal] uowwoo 'ieoddV to aogoN aql to Adoo e C] paAaaS I legl wiy)e Jo 1eaMs Agalag I :IIAVOIddV es' d0 A1Nnoo VINVAIASNN3d i0 H11V3MNOW1100 (sexoq elgagqdde )/aayo leadde Io aol/ou egl 6up!) &.91-ft' SAVO (01) N31 N/H1IM 03113 3E? ISM aa!Ajes )o (acid slgl) 1NIVIdW00 311A Ol 3inu ONV -IV3ddV j0 30110N 30 331AE13S d0 j00dd C., COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dm N, 09-1-02 DJ Name. Hon ROBERT V. MANLOVE A0°'°53 1901 STATE STREET CAMP HILL, PA TGW^n a. (717) 761-0583 JEAN OLAF 208 SENATE AVE APT.# CAMP HILL, PA 17011 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME 1n0 ADDRESS FSUSQUEHANNA VIEW APT -I 208 SENATE AVE CAMP HILL, PA 17011 DEFENDANT: VS' J NAME aw ADDRESS FOLAF, JEAN 208 SENATE AVE APT-# 402 CAMP HILL, PA 17011 L J 402 DocketNo.: LT-0000190-99 Date Filed: 5/28/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) SUSQUEHANNA VIEW APT Judgment was entered against OLAF. JEAN m a ® Landlord/Tenant action in the amount of $ 307.36 on 6/07/99 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ " 190.00. The total amount of the Security Deposit is $ 142.00. Total Amount Established by DJ OLess Security Deposit Applied Rent in Arrears $ .00 = Physical Damages Leasehold Property $_ 233.64 -$ .00 = Damages/Unjust Detention $ .00-$ 00 = ? Attachment Prohibited/ Less Amt Due Defendant from Cross Complaint - Victim of Abuse (Act 5, 1996) Interest (if provided by lease) UT Judgment Amount ? This case dismissed without prejudice. Judgment Costs Attorney Fees ® Possession granted. Total Judgment ? Possession granted if money judgment is not satisfied by time of eviction. ? Possession not granted. Levy is stayed for days or ? generally stayed. Objection to Levy has been filed and hearing will be held: ? Defendants are jointly and severally liable. ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSI OF REAL PROPERTY WITHIN 10 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. IN ORDER TO OBTAIN A SUPERSEOEAS, YOU MUST DEPOSIT WITH THE PROTHONOTARY THE LESSER OF 3 MONTHS RENT OR THE RENT ACTUALLY )IN ARREARS ON THE DATE THE APPEAL IS FILED. •• II IF YOU WISH TO APPEAL THE MONEY PORTION ONLY OF A JUDGMENT INVOLVING A RESIDEt9TIAL'LEA I * HAYE 30 DAYS AFTER THE DATE OF ENTRY OF JUD NT IN WHICH TO LE A NOTICE OF APPEAL WITH THE PROTHO ..TARS'/CLOAK OF COURTS OF THE COURT OF COMMON PLEAS, M. IV YOU UST INCLUDE A COPY OF I JUD ENT/TRANSCRIPT FORM WITH YQUR, NOTICE OF APPEAL. Date i Date /i expires first Mond# of January, 2000 • Adjudicated Amount $ -00 $ 231.64 $ no $ -00 $ _n0 $ 211 64 $ 7x+_72 $ _n0 $ 307.36 , District JL SEAL ' Mallard Run 820 Lisburn Road • Camp Hill, PA 17011 Phone (717) 761-5414 Fax (717) 761-5606 TDD (800) 497-3943 hate +-'? r. Oeaz Applicant: You application hue Been placed on ouz waiting list. Based on the inAzmation you Pzovided, you will ge eoneideaed /oz the following ei.ze unit. The estimated wait time is aleo ze/iected. Unit size Estimated ldait Time 1 Bedzoom 6 plonths to 1 yeaz PPeaee ge advised that the actual wait time /ouz housing is detezmined gy many di//ezent /actozs, including gut not Limited to youz position on the Nait List and ;ezequency of vacancies. We cannot at and t.lzree give you youz exact poaition on the lief, /oz it can change daily. YOU WILL BE CON7AC7£t7 By /TAIL WIEN YOUR NA17£ IS CLOSE 70 THE 70P OF ME 1dAI7INS LIS7. Should any o, the inlozmation on youz application change, you NUS7 zepozt the changed, in wzit.ing, to ouz o?lflice. 7his includee gut ie not Limited to, income, numgez o/ people in the houdehoed, addzedd, and telephone numgez. I/ management is unagle to contact you gecauee oZ unzepozted changed, youz application will ge zemoved /zom the Wait Lidt. 7hie lettez doee not guanantee housing. youz /inal egigigieity will not ge detenmined until all zelevunt inlozmation has Been vezi/ied acconding to 1111t7 zuled and zegulationd, and you have saccesslu.ely passed the applicagle tenant 5eneening czitezia. Should you have uny questions, please contact ouz o//ice at the numgez listed agove, 11onday -7ziday 9am to 72pm 8 fpm to 5pm. YOUR FILE NVNBER IS Sincezely, Oaxine L. Shaw Site Nanagez cc: applicant 'file J_ M ??a.k T? r TE PPR X T%ME -T MS FOURD AT D 2OR 2 OB ERVED B- r L ED i CA , I I I 41 1 I - , -613 , ,3 - , , , , PLAINTIFF 'S EXHIBIT , 6 L-_-_-_ _-_-_- -_- _ _ --___ ____-_-_-_-J T M -UIVD- T - R B-RVED BY LEA ED BY ' I ' I , I I , 6?! ' , , , f , , PLAINTIFF' AI FF S N - ' 6 TEE November 2, 1998 Dear Residents of the 4th Floor: There have been several occurrences of sugar, salt, pepper, roach traps, and general dirt being placed on the carpet in the hallway. We have no idea why this is happening, but if it doesn't stop we will be having roaches and ugly stains in the carpet. This has happened too many times for it to be an accident. If any one is having a problem, please come and talk to the office. If anyone knows or has seen who is doing this please write up a complaint form. We may be left with no choice but to put up hidden camera's to find out who is responsible for doing things like this. Thank You, Management pWINTIFFS 09 EXHIBIT November 2. 1998 Dear Residents of the 4`h Floor: There have been several occurrences of sugar, salt, pepper, roach traps, and general dirt being placed on the carpet in the hallway. We have no idea why this is happening, but if it doesn't stop we will be having roaches and ugly stains in the carpet. This has happened too many times for it to be an accident. If any one is having a problem, please come and talk to the office. If anyone knows or has seen who is doing this please write up a complaint form. We may be left with no choice but to put up hidden camera's to find out who is responsible for doing things like this. Thank You, Management PLAINTIFF'S EXHIBIT October 28, 1998 Dear Residents: We are having several problems of which we don't have a solution for. We could use some help in solving this problem. We have recently had many times of where someone has spit on the elevator wall or floor, or has Spit on the rug in the hallways. Who ever is doing this, please don't spit in the building. We are sorry if you are having health problems, but please carry a Kleenex or napkin to use when you need to do this. Also, please throw what ever you use away in a trash can. The other thing that is starting is we are finding more and more candy wrappers, gum on the carpets, and a strange variety of trash being placed on the carpets in the hallways. Also, please stop shaking rugs in the stairwells. If everyone could put these types of things in their own trash cans, or since everyone has trash room key you can use that when you are in the lobbies. I want to thank everyone who has been so good in helping us keep the property as nice as it isH Sincerely, Management PLAINTIFF'S EXHIBIT October 28, 1998 Dear Residents: We are having several problems of which we don't have a solution for. We could use some help in solving this problem. We have recently had many times of where someone has spit on the elevator wall or floor, or has spit on the rug in the hallways. Who ever is doing this, please don't spit in the building. We are sorry if you are having health problems, but please cant' a Kleenex or napkin to use when you need to do this. Also, please throw what ever you use away in a trash can. The other thing that is starting is we are finding more and more candy wrappers, gum on the carpets, and a strange variety of trash being placed on the carpets in the hallways. Also, please stop shaking rugs in the stairwells. If everyone could put these types of things in their own trash cans, or since everyone has trash room key you can use that when you are in the lobbies. I want to thank everyone who has been so good in helping us keep the property as nice as it is!! Sincerely, Management pLAINTIFF'S EXHIBIT February 11, 1999 i+ eASE AMENDMENT Ms. Jean Olaf 208 Senate Ave Camp Hill, PA 17011 Dear Ms. Jean Olaf: This is to notify you that on the basis of our recent review of your income and family composition, your monthly rent has been adjusted as follows: Contract Rent $ 713 Utility Allowance $ 0 Assistance Payment $ 523 Total Tenant Payment $ 190 Tenant Rent $ 190 The new rent is effective with the rent due for the month of 03/01/99. This notification amends Paragraph 3 of your lease agreement which sets forth the amount of rent you pay each month. All other provisions of your lease remain in full force and effect. The next scheduled recertification is 03/01/00. Attached for your records is a copy of the Form 50059 Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures and applicable worksheet(s). You should substitute these forms in place of the previous 50059 and worksheet(s) which are attached to your lease. The 50059 shows you the income we used to calculate your new rent and the amount of rental assistance, if any, that HUD pays monthly on.your behalf. The next scheduled recertification is 03/01/00. By signing below, you acknowledge that you have been informed by this INITIAL NOTICE of when your next scheduled recertification is and understand your responsibility to respond to a Reminder Notice that will be sent to you approximately 90 days prior to the next scheduled recertification. If you do not respond to the Reminder Notice by 2/10/00, your lease gives us the right to raise your rent. You may call me at (717) 763-1184 if you wish to arrange a meeting to discuss the above. Thank you for your cooperation. ?Sin rely, Accepted: Occupancy Manage _ Trot Ouse o Date Spouse/Co-Head ate - PLAINTIFF'S EXHIBIT 3 SU ?! r QUEHANNA VIEW A P A October 1, 1996 Jean Olaf 208 Senate Ave., Apt. #402 Camp Hill, PA. 17011 Dear Resident: R T M N T PLAINTIFF'S EXHIBIT 5 2 Attached please find a Lease Agreement Amendment. This Amendment revises the provisions for Termination of Tenancy found in Paragraph 24 of your Lease Agreement, effective DECEMBER 1, 1996. Please read the attached, especially the items that are in bold, as these are the items that have changed. If you agree to these changes, please sign and date the area on the second page under "Lessee". (All household members, 18 years of age and older must sign, too. They may sign anywhere at the bottom of the second page if there are not enough spaces.) After everyone has signed the Amendment; please return it to the Rental Office no later than NOVEMBER 1, 1996. If you do not sign and return the Amendment by the above date, we will have no choice but to take legal action to terminate your Lease effective DECEMBER 1, 1996. If you have any questions with regard to this, please feel free to contact the Rental Office during normal business hours. Thank you for your cooperation in this matter. Sincerely, Zmw&e'WewAd Property Manager file: Resident File 208 SENATE AVENUE, CAMP HILL, PENNSYLVANIA 17011 • TEL. (7171763-1184 FAX (717) 763$987 MD# 18006545984 4eP, r1 This Amendment to the Lease Agreement effective December 1, 1996 between -lean ON known as Lessee, and "SOUEHANNA VIEW PAg? TMEM, known as Lessor, shall be incorporated into and made a part thereof. it is agreed between the Parties hereto that Paragraph 24 "Termination of Tenancy", b. (3) and b. (4) of the Lease Agreement is amended as follows: 24. TERMINATION OF TENANCY 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: (3) criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; any criminal activity that threatens the health, or safety of any on-site property management staff responsible for managing the premises; or any drug-related criminal activity on or near such premises, engaged in by a resident's household, or any guest or other person under the resident's control shall be grounds for termination of tenancy. (4) expiration of the Section 8 Housing Assistance Payments Contract between the Owner and HUD; or "other good cause"....:' Amendment 17/96 page 1 of2 Except as stated above, all other provisions of the Lease Agreement remain in effect. Signatures sy: anagement Representative Date: /? 1? Amendment 12196 Lessee: Date: Z/1 C>7 Ft Lessee• Date: page 2 of 2 PLAINTIFF y EXHIBIT LEASE AGREEMENT FOR SUBSIDIZED PROGRAMS 1. PARTIES AND DWELLING UNIT: The parties to this Agreement are ... f.•i'. e.. .... ..w --------- referred to as the Landlord, and Jean olaf ,referred to as the Tenant. The Landlord leases to the Tenant unit number 402, located at 208 SENATE AVE., CAMP IIILL, PA 17011in the project known as SUSQUEHANNA VIEW APTS. 2. LENGTH OF TIME (TERM); The initial term of this Agreement shall begin on Anri1 t• 1995 and end on _ April 30, 1995 . After the initial term ends, the Agreement will continue for successive terms of one MONTH etch unless automatically terminated as permitted by Paragraph 24 of this Agreement. 3. RENT: The Tenant agrees to pay $for the partial month ending on After that, Tenant agrees to pay a rent of f 161 • 0jier month. This amount is due on the FIRST day of the month at Rental office . The Tenant understands that this monthly rent is less than the market (unsubsidized) 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 payments 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 Assistance Payment line of the Certification and Recertification of Tenant Eligibility Form, which is Attachment No.1 to this Agreement. 4. CHANGES IN THE TENANT'S SHARE OF THE RENT: The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if: a. HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with 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 of 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 Tenant fails 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 administrative procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily 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 12, 16, or 18. 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 full amount of the rent shown in Paragraph 3 by the end of 0• 5th day of the month, the Landlord will charge a fee of $5.00 on the 6th day of the month. Thereafter, the Landlord will charge a fee of $1.00 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 24. The Landlord may collect a fee of $__L0 -which is an amount equal to the bank charge for returned checks the first time or any additional time a check is not honored for payment (bounces). Also, late fees will accrue until the check is replaced in full, either by certified check or money order. Personal checks will no longer be accepted once a resident's check is returned for non-sufficient funds. The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. Late fees will be assessed accordingly in cues of returned checks. 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 Unit Inspettion Report which is Attachment No. 2 to this Agreement. Tile Tenant also agrees that the Landlord has made no promises to decorate, alter, repair or improve.the unit, except as listed on the Unit Inspection Report. 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 utility company. The items in column (2) are included in the Tenant's rent. (1) (2) Put "X" Type Put "X" By Any of By Any Utility Utility Utility Tenant Included Pays In Tenant Directly Rent Heat Lights & x Electric x Cooking x Water x Other (Specify) b. The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is due. The Landlord certifies that HUD has authorized him/her to collect the type of charges shown in column (3) and that the amounts shown in column (3) do not exceed the amounts authorized by HUD. (3) Show S Amount Tenant Pays to Landlord in Addition to Rent Parking $ Other (Specify) S f . 8. COURT FILING, ATTORNEY, AND SHERIFF FEES: Payments of these fees will be accepted from tenants who wish to avoid or settle an eviction suit. These fees cannot exceed the actual costs incurred by the Landlord. 9. SECURITY DEPOSITS: The Tenant has deposited S 14 2.0 0 with the Landlord. The Landlord will hold this Security Deposit, in the financial institution known as the period the Tenant occupies the unit. After the Tenant has moved from tA&U!L for h e unit, e he 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-d2y written Notice of Intent to Move required by Paragraph 24, unless the Tenant was unable to give the notice for reasons beyond his/her control; 1. Death of Tenant. (Death Certificate required) 2. In the event the Tenant is transferred to such a distance that maintaining a residence in the leased unit would constitute a serious hardship by reason of military orders or action of his/her employer as substantiated by written proof. 3. The Tenant is unable to maintain his/her residency due to a disability which necessitates being placed in a care-providing facility, such u nursing home, or other similar facility. (Written verification will be required) b. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit, and encourages, 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 applicable interest, less any allowable administrative fee, computed at . 96, beginning 9 l,less any amount needed to pay the cost of: (1) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report completed at move-in; (3) charges for late payment of rent, legal fees and returned checks, as described in Paragraph 5 and Paragraph 8; and (4) charges for unreturned keys, as described in Paragraph 10. d. The Landlord agrees to refund the amount computed in Paragraph 9c within 30 days after the Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and given his/her new address to the Landlord. The Landlord will also give the Tenant a written list of charges that were subtracted from the deposit. If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. e. If the unit is rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Landlord will pay the refund, jointly, to any Tenants identified in Paragraph I of this Agreement. f. The Tenant understands that all outstanding rent and damages are due prior to move- out. The Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with Paragraph 12. In the case of a unit transfer within the project, the security deposit will be refunded, less any charges, and a new deposit will be collected, based on the new rental amount and/or housing programs, if applicable. 10. 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 Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant $ 5.0 0 _ for each key the Landlord provided which is not returned. 3 ' r r 11. MAINTENANCE: a. The Landlord agrees to: (1) regularly clean all common areas of 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, as necessary; and (8) maintain grounds and shrubs. b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of project; (4)' not destroy, deface, 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 clean and safe manner and dispose*of in designated containers and/or areas. Tenant agrees to handle all trash and recyclable materials in accordance with Landlord's regulations and State Law. 12. 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. the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges; and b. rent for the period the unit is damaged whether or not the unit is habitable. The Tenant understands that HUD will not make assistance payments 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. 13. 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; 4 e. attach any shelves, screen doors, or other permanent improvements in the unit; E 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. 14. 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 for himself or herself and the individuals listed on the Certification ?d Re rtifi tion of Tenant Eligt?"tx. The Tenant agrees to permit other individuals to reside in the unit 2DIy 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 written permission of the Landlord; or e. create or permit any disturbing noises in or about Tenant's dwelling unit by himself, his family, or guests; nor shall be, his family, or his guests interfere with or materially diminish the rights, comforts, or convenience of other Tenants or surrounding neighbors. Neither the Tenant, his family, nor his guests shall engage in any activity that would constitute an offense against persons, public order, or public health or decency, or that involves fraud, deception, firearms, or other weapons. f. refuse the extermination services for rodent or insect infestation. Management will consider an exception for verified medical reasons. g. fail to immediately notify the Landlord in the event that Tenant is unable to maintain sufficient heat (for which the Tenant pays) to the premises. Tenant shall pay for any damages to the unit resulting from the Tenant's negligent or intentional failure to maintain sufficient heat or to notify the Landlord of the lack of sufficient heat. I5. RULES: The Tenant agrees to obey the House Rules which are Attachment No. 3 to tlas Agreement. The Tenant agrees to obey additional rules established after the effective date of this Agreement if: a. the rules are reasonably 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 30 days before the rule is enforced. 16. REGULARLY SCHEDULED RECERTTFICATIONS: Once each year around the first -day of _December . the Landlord will request 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, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request. The Landlord will verify the information supplied by the Tenant and use the verified information to recompute the amount of the Tenant's rent and assistance payment,. if any. a. If the Tenant does not submit the required recertification 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 of multifamily subsidy programs. (1) Require the Tenant to pay the higher, HUD-approved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the 30-day notice 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 meet with the Tenant and discuss how the Tenant's rent and assistance payment, if any, were computed. 17. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATION& 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. (2) Any adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment. (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, if the Tenant's income will be partially or fully restored within two 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 certification process. The Tenant has thirty days after receiving written notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. C. If the Tenant does not advise the Landlord of these interim changes, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The Tenant may request to meet with the Landlord to discuss how any change in income or other factors 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 assistance payment, if any, was computed. 18. REMOVAL OF SUBSIDY: a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items I or 2 below occur. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will be required to pay the HUD-approved market rent for the unit. (1) The Tenant does not provide the Landlord with the information or reports required by paragraph 16 or 17 within 10 calendar days after receipt of the Landlord's notice of 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 Attachment 1. b. The Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten 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 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 if the Tenant submits the income and other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available. 19. TENANT OBLIGATION TO REPAY: If 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 17 of this Agreement, and as a result, is charged a rent less than the amount required by HUD'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 to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments. 20. SIZE OF'DWELLING: The Tenant understands that the Landlord will assign units according to the size of the household and the best use of the unit, and, in accordance with HUD's Occupancy Standard Guidelines. If the Tenant is or becomes eligible for a different size unit due to a change in household composition and the required size unit becomes available, the Tenant agrees to: a. move within 30 days after the Landlord notifies him/her that a unit of the required size is available within the project; or b. remain in the same unit and pay the HUD-approved market rent. If the Tenant household has a mobility impairment and an accessible unit becomes available, the Tenant has the right to refuse the accessible unit and remain in the present unit without penalty. The Tenant will be required to sign a Lease Addendum "Right of First Refusal", if the unit offered is declined. All costs incurred by the Tenant as a result of a unit transfer due to overcrowding or underutilization will be the sole responsibility of the Tenant. The Tenant understands that if the unit they are residing in is an accessible unit and no member of the Tenant household requires the accessible features of the unit, the Landlord may require the family to move to another unit when another tenant or applicant requests a unit with the accessible features of the unit. If you refuse to move, action will be taken against you, including paying the HUD-approved Market Rent for the unit and/or appropriate legal action for non-compliance with the Lease Agreement. 21. ACCESS BY LANDLORD: The Landlord agrees to enter the unit only during reasonable hours, to provide two (2) days advance notice of his/her intent to enter the unit, or obtain prior resident consent, except when emergency situations make such notices or prior consent impossible or except under Paragraph (c) below. a. The Tenant agrees to permit the Landlord, his/her 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 of Intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours. C. If the Tenant moves, without prior written notice to the Landlord, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re- occupancy. 22• DISCRIMINATION PROHIBITED: The Landlord agrees ot 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. 23. CHANGE IN RENTAL AGREEMENT: The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term 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 existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective 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 30 days before 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 24. 24• TERMINATION OF TENANCY: a. To terminate this Agreement, the Tenant must give the Landlord 30-days written 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 to the end of the 30 days for which notice was required or to the date the unit is re-rented, whichever [late comes first. Termination of tenancy under this provision is to occur only on the last day of any given month unless otherwise approved in writing by the Landlord 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: (1) the Tenant's material noncompliance with the terms of this Agreement; (2) the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act; (3) criminal 'activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or near such premises, engaged in by a tenant, any member of the tenant's household, or any guest or other person tinder the tenant's control; or (4) "other good cause", which includes, but is not limited to, a Tenant's refusal to accept a Landlord's proposed modification of the lease. The Landlord will determine whether a particular circumstance/action constitutes a "good cause" for evicting a Tenant. Whatever the cause, the Landlord must give the Tenant prior notice that such action would be grounds for termination of tenancy. Terminations for "other good cause" may only be effective at the end of any initial or successive lease 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 ]eased premises and related project facilities, c) interfere with the management of the project, or d) have an adverse financial affect 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 beyond any grace period permitted 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 permitted under State law constitutes a minor violation. C. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice of the proposed termination. If the Landlord is terminating this Agreement for 'other good cause," the termination notice must be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD at least 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 State or local law. All termination notices must: (1) specify the date this Agreement will be terminated; (2) state the grounds for termination with enough detail for the Tenant to prepare a defense; (3) advise the Tenant that he/she has 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 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 (4) advise the Tenant of his/her right to defend the action in court if any court action is brought. d. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by Paragraph (c). 25. HAZARDS; The Tenant shall 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 fire, wind, or rain to the extent that the unit cannot by lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. 26. 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 material 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 fines up to $10,000 and imprisonment for up to five (5) years. 27. DISCLAIMER OF PERSONAL PROPERTY LIABILITY: The Landlord, Managing Agent, and Owners of this apartment community hereby notifies all Tenants that we are not responsible for the loss or damage to any personal possessions and property. Such items are not covered by the apartment community's insurance. Insurance of your personal property is solely your responsibility. The following are examples of incidents which the Landlord, Managing Agent and Owners have no responsibility: BURGLARY: Should your apartment be burglarized and all your possessions stolen- the Landlord, Managing Agent and Owners have no responsibility. WATER DAMAGE: If a water line broke in your building, ruining your apartment and possessions- the property's insurance would cover the damages to the building bu not your possessions. F JL- In the instance of a fire. the Landlord, Managing Agent and Owners maintain insurance coverage for the building, but nut your personal possessions. With this information in mind, the Landlord strongly recommends that the Tenant purchase a Renter's Insurance Policy to provide personal coverage for your possessions and property. 28. DRUG-FREE HOUSING PROVISION: The Landlord, Managing Agent and Owners of this apartment community are committed to Drug-Free Housing. All Tenants are required to abide by the following provisions. Violations of these provisions will be considered as cause for termination of tenancy: 1. Tenant, any member of tenant's household, or a guest or other person under the 't'enant's control shall not engage in criminal activity, including drug-related criminal activity, on or near project premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)). 2. Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shall not engage in any act intended to facilitate criminal activity including drug-related criminal activity, on or near project premises. 3. Tenant or members of the household will not permit the dwelling unit to be used for or to facilitate, criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. 4. Tenant or member of the household will not engage in the manufacture, sale, or distribution of illegal drugs in any location, whether on or near project premises or otherwise. 5. Tenant, any member of the Tenant's household, or a guest or other person under the Tenant's control shall not engage in acts of violence or threats of violence including, but not limited to, the unlawful discharge of firearms, on or near project premises. 6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL •n 11A MINA110N OF TENANCY A single violation of any of these provisions shall be deemed a serious violation and a material noncompliance with the Lease Agreement. It is understood and agreed that a single violation shall be good cause for termination of the Lease Agreement. Unless otherwise provided by law, proof of the violation shall not require criminal conviction, but shall be by a preponderance of the evidence. 29. CONTENTS OF THIS AGREEMENT: This Agreement and its Attachments make up the entire agreement between the Tenant and the Landlord regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. 30. ATTACHMENTS 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 of this Agreement. a. Attachment No. I - Form HUD-50059, Certification and Recertification of Tenant Eligibility. b. Attachment No. 2 - Unit Inspection Report. C. Attachment No. 3 - House Rules (if any). d. Attachment No. - 31. SIGNATURES: TENANT' BY: 1. ? ? " , ?) ? Dace f 7 ff f1? 2. ? Date 3. y Date 10