HomeMy WebLinkAbout99-07147
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NOTICE OF APPEAL
ComMCNaRALTN OF PENNSYLVANIA
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na ?-ff -
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the
date and in the case mentioned
judgment rendered by the District Justice on the
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CV 19 C;?
LT 19 as
. -_? nwuv ..,Loe this rofafion is regore
10099. will erate as a
This Notice of Appeal, when received by the District Justice, op
SUPERSEDEAS to the judgment for possession in this case.
Signature of Prolhonotary Of Depuly
if appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER KVLC Es? rsr.? --"" ----
of appeal to a DEFeEdNDAN a llPa. R•O•P•J•R No. 1001(7) in action before District Justice- of notice
upon
(This
((This U? o fdetach orm 10 from be used se ONLY when
To Prothonotary ?y
appellee(s), to file a complaint in this owed
Enter rule upon t?-?--- ?- or-aroewos) y of judgment (n
of non pros.
49- 71 7 L-1 u L 1._?'=?f within twenty (20) days after service of nk or suffer entr/?1
(Common Pleas No. r ?L.?I n , .n . I Y 1 l-h (, ll .
5lgrwt" of aFGeaant a hrs attorney w ?t
-Mrr / appellee(s).
RULE: To ? rl a a Wrwosf
to file a complaint in this appeal within twenty (20) days after the date of
(1) You are ratified that a risk is hereby entered upon you
service of this rule upon you by personal service or by certified or registered mad
(2) If you do not file a complaint within this fime. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing ^ ^? Awl
Date: 141)1? Q 19-97
AOPC J,:.& COURT FILE TO BE FILED WITH PROTHONOTARY .-?
---RR7ARR?LtE
1a
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ' en
AFFIDAVIT: I hereby swear or affirm that I served
, upon the District Justice designated therein on
? a copy of the Notice of Appeal, Common Pleas No.
(data of service) . ? by personal service ? by (certified) (registered) mail, sender's
an
receipt attached hereto. and upon the appellee. (name)
19_ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and furtherthat I served the Rule to Filea Complaint accompanying theabove Notice of service by eappelle (s)towhom
,19^?by personal (certified) registered)
the Rule was adtlnssed on
mail, senders receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS -- DAY OF 79----
signature of o%1.,V oefcru whom ah"d"'r was race
Tiaa of 016cf41
My commission expoes On
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Signature o! alfiant
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.COMMONWEALTH OF PENNSYLVANIA
,UUIN I T VI-:
09-2-01
DJ Name: Hen.
PAULA, P. CORREAL
EAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
Teiepwe: (717 ) 240-6564 17013-0000
CARTRICA HILL
633 CUMBERLAND POINT CIR
MECHANICSBURG, PA 17055
s
t
THIS IS TO NOTIFY YOU THAT:
Judgment:
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME ann ADDRESS
rKKAUFFMAN
LEON E
1
,
910 BURR AVE
CARLISLE, PA 17013
L J
VS.
DEFENDANT: NAME am ADDRESS
FHILL, CARTRICA
633 CUMBERLAND POINT CIR
MECHANICSBURG, PA 17055
L J
DocketNo.: CV-0000403-99
Date Filed: 8/12/99
P
Q Judgment was entered for: (Name) xArryFmAU, T.Rnm F
?X Judgment was entered against: (Name) HTT.T. ARTRTr.A
in the amount of $ q., f;74 - 42 on:
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
I Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ? generally stayed.
E] Objection to levy has been filed and hearing will be held:
(Date of Judgment) 1 D/2S/4a
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date: Place:
Time:
ANY PARTY HAS THE RIGHT-TO-AP EAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE.PROTHONO
RYICLERK OF THE C09RT OF COMMON PLEAS, CIVIL DIVISION. YOU
TA I
MUST INCLUDE A C PY OF THI OTICE OF'JUDGMENT/TRANSCRIPT F • RMM WITH YOUR NOTICE OF APPEAL.
10/25/99 p ?? t\' _ C???'A .- //, District Justice
I certify that this d a tr?nd co!r ct c py of the recor of th pr ee • gs con /ai ing the judgment.
LO/25/9r
? Date I ?,. District Justice
My commission expires first Monday of January 2000
AOPC 31599
COMMONWEALTH Of PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nw 9?- 7/,-/7
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 on the
date and in the case mentioned below
OF Ol
ly-Ino rc- M. 0-,\1 CA- 2.01
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trAb. >)anc\ join-Ile Crcl(- MCChCkr%kC5 60fC A / 11D
WE OF JUDGMENT --TiFKffWGR-6P surml
10 - Iq -tom C. C1Y?ar1 Qt?Ivtcc? \
ruse wrralwnr wrr r r
19 0000 u Q - CA
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LT 19
This block will be signed ONLY when this notation is required under`Pa. R.C.P.J.P. Na If appellant was CLAIMANT (see Pa. RG PJf' n
le ,
10088 1001(6) in action before District Justice 'MUST
' :This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT Within twenty;(tt0) days alter
filing his NOTICE of APPEA
Signature o Proaanotary a Deputy '
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE 7 WFILE '
....y4 1'< ° ..
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa RC.P.J.P Na 1001(7) in action before Distri
IF NOT USED, detach from copy of notice of appeal to fie served upon appellee).
'op• PRAECIPEt To Prothonotary , `s. /•
Enter rule upon ` 'C.tJ1 I"?(1 u ?` srY`(?tl?? ~; a rv $)1 ro filch compkiinf
Nave of eppelk- Osl
this apped
(Common Pleas Na 7 9. 71/0 lw-iL.1I L I c q-t-) within twenty (20) days aft7r service of rule a suf ;entr)+ of Judg-meet of non ProL
,
SI¢atue Of ho attorney a agent
RULE: To
Nave of mpeLNelsl 1
(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 o
service of this rule upon you by per3oM., service or by cerfified or registered mail
(2) If you do not:fi(ac complaint wihm this'time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dato-of service of this rule if service vial by mail is the data of mailing. f ^
Date: U J C/ 19 9 \SJ?s? Q I / / /I2Yt/
` svrenia d AarnarotrY a ogaM
-
wapo 312-M - COURT FILE
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF n l Umbfi6rA,= A ;ae
AFFIDAVIT' I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No.. upon the District Justice designated therein on
(date of service) AIDL?dlah-tir+?`I- , tbypeorsonai service ? by (certified) (registered) mall, senders
`e` k"!4 receipt attached hereto, and upon the appellee, (name) ` Kr?uE rl on
k"!4 1 r -T) 55.6-n y-c 10 . 193`1- ? by personal service 9<y (certified) (registered) mail, sender's receipt attached hereto.
*,,., t ?', y
the (y tice of Appeal upon the appellee(s)to whom
#., 8nd further that lserved the Rule t ilea Complaint accompanying the above No
"ule was addressed on ?c(?m HM 3 , 1916, Roy personal service ? by (certified) (registered)
t
. mell,stinders receipt attached hereto.
SWORN (AFFIRMED) AND.,SUBSCRIBED BEFORE ME r
THIS DAY-OFD , 19_ar- Signature of affiant
mada ... ,
A. SHATTO, Notary Public
Boro, Cumberland County
on Expires December 17, 2001
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DOUGLAS, DOUGLAS & DOUGLAS
27 1V. HIGH ST. George F. Douglas, III, 13-squire.
11011 261 Supreme Court I.D.11 61886
CARLISLE, PA 171113
TELEPHONE.. 717.243.1790
? .......... ........................ ................ ........................................... ............ i.......... ......... ........................................... ............................................I
E Leon E. Kauffman E 11 t Ie COUrt of Common Pleas of 1
j ( Cumberland County Pennsylvania
i
? i
i Plaintiff1
j ; No. 7147
i Vs. Civil 1999
i E E
Cartrica lvL I-fill I
Civil Action Law
Defendants! Jug' Demanded
NOTICE
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 DAYS
AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR 0.1-HER RIGHTS
IMPORTANTTO 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 Ave.
Carlisle, PA 17013
717-249-3166
13Y R l-?-&?/?Zn
Attorney for Plaintiff
DA'Z'E: December 13, 1999
COMPLAINT
1. The plaintiff, Leon E. Kauffman, is an adult individual residing at 9'10 Burr
Ave., Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant Cartrica M. Hill, is an adult individual residing at 633
Cumberland Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. On June 1, 1995, the plaintiff was the owner of a property located at 119
South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013
4. On June 1, 1995, the defendant entered into a lease with the plaintiff to
rent 119 South Hanover St., Carlisle, Cumberland County, Pennsylvania. A
copy of the said lease is enclosed and marked as Exhibit A.
5. After four years, the defendant vacated the premises on May 31, 1999.
6. Upon inspection by the plaintiff, it was determined that the defendant
caused substantial property damage to the premises, which resulted in repairs
totaling $3,415.03. A copy detailing the repairs made is attached as Exhibit B.
Pictures showing the damage are attached as Exhibit C.
7. A security deposit was held by the plaintiff in the amount of $583.00. The
cost of repairs totaling $3,415.03 minus the security deposit of $583.00 leaves a
balance due the plaintiff from the defendant in the amount of $2,832.03.
WHEREFORE, the plaintiff claims of the defendant the sum of $2,832.03,
plus the costs of suit and the cost of legal fees involved in this matter, an amount
within the sum requiring compulsory referral to arbitration under the local riles
of court.
Douglas, Douglas & Douglas
ByYJpo,,v? `. ?ipz1?C?? w
George F. Douglas, III, Esquire
Attorney for plaintiff
=7
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of
my knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.§ 4904 relating to
unsworn falsification to authorities.
vLeon E. Kauffman
Date: December 13, 1999
n1..:
OBLIGATIONS OF LANDLORDS FOR
RENTAL ASSISTANCE PROGRAHS
Property owners participating in the Rental Assistance Programs
have certain obligations to fulfill. The obligations include, but
are not limited to the followings
1. Screening of all prospective tenants. This should include
financial, rental history, personal habits and any other
information obtainable by you. (HUD regulations forbid
the Public Housing Authority from screening applicants).
2. Maintaining the contract unit and related facilities. to
provide decent, safe and sanitary housing, including the
provision of all services, maintenance and utilities as
agreed to in the Lease.
3. Collection of Rent due from the Tenant.
4. Notifying the Housing Authority immediately if a Tenant
moves during the term of the Lease. Immediate inspection
of the vacated unit by the Housing Authority is necessary
if you wish to request possible damage or vacancy payments.
5. Reporting to The Housing Authority promptly any children or
adult person(s) other than those listed on the Lease, living
or staying in the unit.
6. You may evict the Tenant only by instituting court action.
The owner must notify the Public Housing Authority in
writing of the commencement of this procedure.
7. The Lease can also be terminated by mutual consent. This
information must be furnished to the Public Housing Authority
prior to the Tenant vacating the premises.
8. The Housing Authority may deny or terminate assistance to
applicants and program participants in the Rental Assistance
Programs if any family member is convicted of any drug-related
criminal activity. This includes the manufacture, sale,
distribution, or possession with intent to manufacture, sell,
or distribute a controlled substance.
By signing I agree to and accept the responsibility of the
above mentioned obligations.
u ?r
Signature of 710 nager Dat
C(Mtraet Number 16v•'- o
Q.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
EASTDIG HOUSING
HOUSING ASSISTANCE PAYMENTS CONTRACT
The purpose of this Contract is to assist the Family identified in section 1(A) to lease a
decent, safe, and sanitary dwelling unit from -the owner. The PHA will make housing
assistance payments to the Owner on behalf of the Family in accordance with this
Contract. The PHA has executed an Annual Contributions Contract ("ACC") with the
Department of Housing and Urban Development ("HUD"). Under the ACC, HUD has
agreed to provide financial assistance to the PHA to make housing assistance payments
on behalf of eligible Families.
1. CONTRACT UNIT, FAKMY AND LEASE.
(A). This Contract applies only to the Family and the dwelling unit ("Contract
unit") designated in this section.
Contras unit:
(Addr)sas of Cont nc unit, includi'g apartment number,
if any, City, State and Zip Code) /
Family: ( r.) ?n,i. ??( f0
Name or names o Family representat ve a )
(B). The Owner shall lease the Contract unit to the Family. The Lease to be
executed by the Family and the Owner for the Contract unit has been
approved by the PHA, and shall be executed in the form approved The
Lease shall contain all provisions required by HUD, and shall not contain ray
provisions prohibited by HUD.
2. TERM OF CONTRACT.
The term of this Contract shall begin on (4 , 19. (baert the
first day of the term of the Lease. This date t be at east one yea prior to the
HUD 52535 (5-e4)
(H$ 7420.7)
Page 1 of 10 pages
This Housing ABSistance Payments Contract CContraer) Is entered into between
the /7'._, D.-. n... .j . -... /_ /1
end of the remaining term of the ACC.) The term of this Contract shall end on the
last day of the term of the Lease. The Contract shall end in any event upon
termination of the ACC.
3. RENT: HOUSCJC ASSISTANCE PAYMENT.
(A). The total monthly rent payable to the Owner during the term of this
Contract is called the 'Contract renL" Initially and until adjustment of the
Contract rent in accordance with section 8 of this Contract the Contract
rent shall be $ ?, (, e.. b. per month
(B). The portion of the Contract rent payable by the Family ("tenant rent") will
be an amount determined by the PHA in accordance with HUD replations
and requirements This amount is the maximum amount the Owner can
require the Family to pay for rent of the Contract unit, including an
services, maintenance and utilities to be provided by the Owner in
accordance with the Lease. The amount of the tenant rent is subject to
change during the term of the ContracL Any changes in the amount of the
tenant rent will be effective on the date stated in a notification by the YHA
to the Family and the Owner. Initially and until such change the Family
shall pay $ cZ /, o per month to the Owner as the tenant renL
(C). Each month the PHA shall make a housing assistance payment to the Owner
on behalf of the Family in accordance with this ContracL The monthly
housing assistance payment is equal to the difference between the Contract
rent and the tenant renL The amount of the housing assistance payment
shall be determined by the PHA. Any change in the amount of the housing
assistance payment shall be effective as of the date stated in a notification
by the PHA to the Fain fly and the Owner. Initially and until such charge the
amount of the housing assistance payment shall be $ oo per month.
Neither the PHA nor HUD assumes any obligation for the tenant rent, or foe
payment of any claim by the Owner against the Family, except in
accordance with section 6. The obligation of the PHA is limited to maldrig
housing assistance payments on behalf of the Family in accordant with this
Contract-
(D). The housing assistance payments. to the Owner will continue during the term
of this Contract until the tenant rent equals the total Contract renL
However, the termination of a Family's housing assistance payments shall
not affect the Family's other rights under the Lease, nor shall such
termination preclude the resumption of payments as a result of charges in
income or rent or other relevant circumstances during the term of the
Contract However, if one year has passed since the date of the last housing
assistance payment on behalf of the Family, this Contract shall terminate.
(E). The PHA may terminate housing assistance payments under this Contract,
because of action or inaction by the Family, in the following cases: (1) if the
Family has committed any fraud in connection with any fec%ral houdng
assistance program, (2) If the Family has violated any of the Famil
obligations under the Section 8 E>datlng Housing Program, or (3) It the
Farm y has breached an agreement with the PHA. The PEA shall notify the
Owner in writing of its decidon to terminate hosng assistance payments In
such case, and that housing as-istance payments pursuant to the Contract
I
Page 2 of 10 pages
HUD 52535 (5-84)
(HB 7420.7)
shall terminate, at the end of the calendar month which follows the calerder
month,in which the PHA give such notice to the Owner. (For provWo s on
termination of housing assistance payments, and other remedies, because of
Owner's breach of the Contract, see section 13).
4. MAIN'PENANCE, OPF-RA77ON AND INSPECnON.
(A). The Owner agree to maintain end operate the Contract unit and related
facWties to provide decent, safe and sanitary housing in accordance with 24
CPR Section 882.109, including the provision of all the services,
maintenance and utilities as agreed to in the Lease If the PHA determines
that the Owner is not meeting this obligation, the PHA shall have the right,
even if the Family continues In occupancy, to terminate or reduce housing
assistance payments to the Owner, and to terminate the Contract.
(B). The PHA shall have the right to inspect the Contract unit and related
facilities at least annually and at such other times as may be necessary, in
the determination of the PHA, to assure that the unit is in decent, safe and
sanitary condition, and that the Owner is providing all the services,
maintenance and utilities agreed to under the Lease.
(C). If the PHA determines that the Contract unit is not in decent, safe, and
sanitary condition because of an increase in Family size, or a change in
Family composition, or that the Family is residing in a omit larger than
appropriate because of e. reduction in Family size or change in Family
composition, the PHA may terminate the Contract upon notice by the PHA
to thb Owner.
(D). Maintenance and replacement (including redecoration) shall be in accordance
with the standard practice for the bolding concerned as established by the
Owner.
5. MONTHLY PAYf?4ENT TO OWNER.
(A). The Owner shall be paid under this Contract on or about the first day of the
month for which payment is due. The Owner agrees that the endorsement an
the deck-
(1) shall be conclusive evidence that the Owner has received the full
amount of the housing assistance payment for the month, and
(2). shall be a certification by the Owner that:
(1). the Contract unit is in decent, safe, and sanitary condltirn
and the Owner is providing all the services, maintenar r
and utilities as agreed to In the Lease,
(it). the Contract unit is leased to the Family named In seetim
1(A), and the Leitse is In accordance with section 1(H),
(111). the Contract rent does not materially exceed rent4
aht? by the Owner for other comparable mamdatvd
HUD 52535 (5-84)
(HR 7420.7)
Page 3 of 10 pages
l_
(Iv). except for the housing assistance payment and the tenant
rent as provided under this Contract, the Owner has not
received and will not receive arry payments or other
consideration (from the Family, the PEA, HUD, or any
other public or private source) as rent for the Contract
unit,
M. the Family and the PHA do not own, or have any interest
in the Contract unit (except in the case of homing
assistance on behalf of the Owner of a manufactured
home, to assist In leasing a manufactured home space). If
the Owner is a cooperative, the Family may be a member
of the cooperative, and
NO. except with respect to payment for a vacant unit in
accordance with, and subject to the conditions of, section
7, to the best of the Owner's knowledge, the members of
.the Family occupy the Contract unit, and the-unit is used
solely for residence by the Family, and as the Family's
principal place of residence.
(B). If the PEA determines that the Owner is not entitled to the payment or any
part of it, the PEA, in addition to other remedies, may deduct the amount of
the overpayment from any amounts due the Owner, including amounts due
under. any other housing assistance payments contract.
6.
PEA REIMBURSEMENT FOR UNPAID RENT AND
(A). The owner will comply with HUD regulations regarding security deposits
from a tenant (24 CFR Section 882.112), and shall not collect a security
deposit which is more than the maximum amount permitted under the
regulations.
(B). After the Family moves from the Contract unit, the Owner may (subject to
State and local law) use the security deposit, including any interest on the
deposit, as reimbursement for any unpaid tenant rent or other amounts which
the Family owes under the Lease. The Owner will give the Family a written
list of all items charged against the'security deposit and the amount of each
item. After deducting the amount used as reimbursement to the Owner, the
Owner shall promptly refund the full amount of the balance to the Family.
(C). If the security deposit is insufficient for the reimbursement, or if the Owner
did not collect a security deposit, the Owner may claim reimbursement from
the PHA for an amount not to exceed the lesser of:
(1). the amount owed the Owner, or
(2). two month's Contract rent;
minus, in either case, the greater of the security deposit actually collected
or the maximum amount permitted under the HUD regulations. Any
HUD 52535 (5-84)
(HB 7420.7)
Page 4 of 10 pages
reimbursement wder this section shall be applied first toward any unpaid
tenant rent and then to other amounts owed by the Family. No
reimbursement'gwU be calmed from the PHA for unpaid rent for the period
after the Family moves from the Contract unit.
(D)• In those jurisdictions where interest is payable by the Owner on security
deposits, the amcumt reftmded shall include the amount of interest payable-
The Owner shell comply with all State and local Laws
payments on security deposits. Ong interest
(E). To make a claim under this section, the Owner shall immediately notify the
PHA when the Family has moved from the Contract unit. The Owner shall
submit to the PHA, as soon as possible, written documentation supporting
the claim for reimbursement, including evidence of actual costa of required
repairs and evidence of billing to and nonpayment by the Family. The PHA
has the right to inspect the unit with the Owner to determine the extent of
any damage.
T. PAYKENT FOR VACATED UNIT.
Housing assistance payments shall be made by the PHA to the Owner under this
Contract only for the period during which the Contract unit is leased and
by the Family during the term of the Contract except as follows: occupied
(A)• (1). If the Family moves from the Contract unit in violation of the Lease,
the Owner sisell re-eive the housing assistance payment due under the
Contract for 30 much of the month in which the Family moves from
the unit as the unit remains vacanL if the unit continues to remain
vacant, the Owner shell receive from the PHA a housing assistance
payment in the amount of 80 percent of the Contraet rent for a
of vacancy period not exceeding one additional month, or the expiration
Lease, whichever comes firsL
(2). If the Owner collects any of the Family's portion of the rent for the
additional month, the PIIA payment shall be reduced to an amount
which, when adde-j to the Family's payment, does not exceed
80 percent of the Contract rent. The Owner shall reimburse the PHA
for any excess.
(3). If the Owner evicts the Family, the Owner shall not be entitled to any
payment under this section unless the PHA determines that the Owner
complied with all the requirements of the Contract (including section
9 on termination of tenancy) and all applicable State and local laws
(13). The Owner shall not be entitled to any payment for the vacated unit unless
the Owner (1) immediately upon learning of the vacancy has notified the
PHA of the vacancy, (g) has taken and continues to take all feasible actions
to fill the vacancy including, but not limited to, contacting appileants on the
Owner's waiting list, if any; requesting the PHA and other appropelate
sources to refer eligible applicants; and advertising the availability of the
unit, and (3) has not rejected any eligible applicant except for grounds
acceptable to the PHA. To be eligible for payments under this aectlon, the
Owner is not required to rent this unit to a Certificate holder In the Section
HUD 5??5 7(5 84)
Page 5 of 10 pages )
e?
8 Existing Housing Program. However, see section '10 regarding
discrimination.
(C). The Owner shall not be entitled to any payment for the vacated unit to the
extent that the Owner is entitled to payment from other sources.
8. RENT ADJUSTMENTS.
(A). If the Contract unit is in decent, safe and sanitary condition and the Owner
is otherwise in compliance with the terms of the Lease and this Contract,
the Contract rent shall be adjusted as follows:
(1). The Contract amt shall be adjusted as of any annual anniversary date
of the Contract using the applicable Section 8 Annual Adjustment
Factor most recently published by HUD in the Federal Register. The
Contract rent may be adjusted upward or downward. However, in no
case shall the adjusted rent be less than the Contract rent on the
effective date of this Contract.
(2). HUD may approve a special adjustment to reflect Increases in the
actual and necessary expenses of owning and maintaining the unit
which have resulted from substantial general Increases in real
property taxes, utility rates or similar costs (i.e., assessments, and
utilities not covered by regulated rates), but only If and to the extent
that the Owner clearly demonstrates that the general increases have
caused Increases in the Owner's operating costs which are not
adequately compensated for by the annual adjustments provided for in
paragraph (Axl) of this section. The Owner shall submit fimneW
statements to the PHA which clearly support the increase.
(B). Adjustments as provided in paragraph (A) of this section shall not result in
material differences between the rents charged for assisted and comparable
unassisted units as determined by the PHA in accordance with HUD
requirements.
9. TBRKMA77ON OF TENANCY.
(A). The Owner stall not terminate the tenancy of the Family except for:
W. Serious or repeated violation of the terms and conditions of the
Lease;
(2). Violation of Federal, State or local law which imposes obligations on
the Family in connection with the occupancy and use of the dwelling
unit and surrounding premises;, or
(3). Other good cause.
(B). The Owner may evict the Family from the Contract unit only by instituting a
court action. The Owner most notify the PHA in writing of the
commencement of procedures for termination of tenancy, at the same time
that the Owner gives notice to the Family under State or local law. The
HUD 52535 (5-84)
(HB 7420.7)
Page 6 of 10 pages
notice to the PHA may be given by furnishing to'the PHA a copy of the
notice to the Family.
10. NONDISCRIMINATION IN HOUSING.
(A). The Owner shall not, in the provision of services, or in any other manner,
discriminate against any person on the ground of age, race, color, creed,
religion, sex, handicap or national origin. Unwed parents, families with
children born out of wedlock, and recipients of public assistance stall not be
excluded from participation in, or be denied the benefits of, the Section 8
Exi3ting Housing Program bemuse of such status.
(B). The Owner shall comply with all requirements imposed by Title VIII of the
Civil Rights Act of 1968, and any related rules and regulations.
(C). The Owner shall comply with all requirements imposed by Title VI of the
Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; the HUD regulations
issued thereunder, 24 CPR, Subtitle A, Part 1, the HUD requirements
pursuant to these regulation; and Executive Order 11063, to the end that, in
accordance with that Act, the regulations and requirements of HUD and
Executive Order 11063, no person in the United States shall, on the ground of
race, color, creed, religion or national origin, be excluded from participation
in, or be denied the benefits of, the Section 8 Existing Housing Program, or
be otherwise subjected to discrimination. This provision Is included,
pursuant to the regulations of HUD, 24 CFR, Subtitle A, Part 1, issued under
Title VI of the Civil Rights Act of 1964, and the HIID requirements pursuant
to the regulatiors. The obligation of the Owner to comply with these
requirements inures to the benefit of the United States of America, HUD,
and the PHA, any of which shall be entitled to invoke any remedies available
by law to redress any breach or to compel compliance by the Owner.
(D). In accordance with any rules and regulations issued by HUD under Section
504 of the Rehabilitation Act of 1973, the Owner shall not discriminate
against any person on the basis of handicap.
(E). The Owner shall comply with any miles and regulations issued by HUD under
the Age Discrimination Act of 1975.
11. COOPERATION IN EQUAL OPPORTUNITY COfdPLIANCE REVIEWS,
The Owner shall cooperate with the PHA and HUD in conducting compliance
reviews and complaint investigations pursuant to all applicable civil rights statutes,
Execrative Orders, and all related rules and regulations.
12. PHA AND HUD ACCESS TO PREMISES AND OWNERS RECORDS.
(A). The Owner shall provide any information pertinent to this Contract which
the PEA or HUD may reasonably require.
(B). The Owner shag permit the PHA or HUD or any of their authorized
representatives to have access to the premises and, for the purpose of audit
and esamination, to have access'to any books, documents, papery and records
of the Owner to the extent necessary to determine compliance with this
HUD 52535 (5-84)
(HB 7420.7)
Page 7 of 10 pages
Contract only, including the verification of information pertinent to the
tuxidng assistance payments.
13. RIGHTS OF PHA IP OWNER BREACHES THE CONTRACT.
(A). Any of the following shall constitute a breech of the Contract.
(1). If the Owner has violated any obligation under this Contract or under
any other housing assistance payments contract under Section a of the
U.S. Housing Act of 1937; or
(2). If the Owner has demonstrated any intention to violate any obligation
larder this Contract or under any other housing assistance payments
contract under Section 8 of the U.S. Housing Act of 1937; or
(3). If the Owner has committed any fraud or made any false statement to
the PHA or HUD in connection with the Contract, or has committed
fraud or made any false statement in connection with any federal
hawing assistance program.
(4). For projects with mortgages insured by HIID or loam made by HUD,
if the Owner has failed to comply with the regulations for the
applicable mortgage insurance or loan program, with the mortgage or
mortgage note, or with the Regulatory Agreement; or if the Owner
has filed any false statement or misrepresentation with HUD in
connection with the mortgage or loan.
(B). If the PHA determines that a breach has occurred, the PHA may etterelae
any of its rights or remedies under the Contract. The PHA shall notify the
Owner In writing of such determination, including a brief statement of the
reasons for the determination. The notice by the PHA to the Owner may
require the Owner to take corrective action (as verified by the PHA) by a
time prnaarlbed in the notice. The PHA's rights and remedies under the
Contract Include recovery of overpayments, termination or reduction of
lousing assistance payments, and termination of the Contract.
(C). Any termination or reduction of housing assistance payments, or termination
of the Contract by the PHA in accordance with this Contract, shall be
effective as provided in a written notice by the PHA to the owner.
(D). The PHA's exercise or non-exercise of any remedy for Owner breach of this
Contract shall not constitute a waiver of the right to exercise that or any
other right or remedy at any time.
14. PHA RELA77ON TO THIRD PARTIES.
(A). The PHA does not assume any responsibility for, or liability to, any person
injured as a result of the Owner's action or failure to act In connection with
the implementation of this Contract, or as a result of any other action or
failure to act by the Owner.
(H).. The Owner Is not the agent of the PHA, and this contract does not create or
affect any relationship between the PHA and any lender to the Owner ce arty
HUD 52535 (5-84)
Page 8 of 10 pages (HB 7420.7)
suppliers,, employees, contractors or subcontractors used by the Owner in
connection with implementation of this Contract
(C). Nothing in this Contract shall be construed as creating any right of the
Family or other third party (other than HUD) to enforce any provision of this
Contract, or to assert any claim against HUD, the PHA or the Owner under
this Contract.
15. CONFLICT OF INTEREST PROVISIONS.
No present or former member or officer of the PHA (except tenant commissioners),
no employee of the PHA who formulates policy or influences decisions with respect
to the Section 8 program, and no public official or member of a governing body or
State or local legislator who exercises functions or responsibilities with respect to
the Section 8 program shall have any direct or indirect interest, during this person's
tenure or for one year thereafter, in this Contract or in any proceeds or benefits
arising from the Contract. This provision may be waived by HUD for good carne.
10. INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS.
No member of or delegate to the Congress of the United States of America or
resident commissioner shall be admitted to any shore or part of this Contract or to
any benefits which may arise from it.
17. TRANSFER OF THE CONTRACT.
The Owner- has not made and will not make any tramfer in any form of this
Contract without the prior written consent of the PHA. A change in ownership of
the Owner, such as a stot* transfer or transfer of the interest of a limited partner,
is not subject to the provisions of this section. Transfer of the Interest of a general
partner is subject to the provisions of this section. The PHA shall give its consent
to a transfer of the Contract if the transferee agrees in writing (in a form
acceptable to the PHA) to comply with all the terms and conditions of this
Contract. The transferee shall give the PHA a copy of the executed agreement.
18. CONDITIONS FOR HOUSING ASSISTANCE PAYMENTS.
The right of the Owner to receive housing assistance payments under this Contract
shall be subject to compliance with all the provisions of this Contract.
19. ENTIRE AGREEKENT; INTERPRETATION.
(A). This Contract contains the entire agreement between the Owner and the
PRA. No changes in this Contract shall be made except in writing signed by
both the Owner and the PHA.
(B). The Contract shall be Interpreted and implemented in accordance with HUD
requirements.
20. WARRANTY OF LEGAL CAPACrrY AND CONDPPION OF UWrr.
(A). The Owner warrants (1) that the unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and (2) that the Owner has
HUD 52535 (5-84)
(FIB 7420.7)
Page 9 of 10 pages
the legal right to lease the dwelling unit covered by this Contract during the
Contract term.
(B). 'ltue Pauly, if any, e=ecttig this Contract on behalf of the Owner hereby
warrants that authorization has been given by the owner to execute it on
behalf of the owner.
Signatures:
PUBLIC BXMI1 G'Af;OINCY
9 name of %-en& o v
Bye Z' C, !-? - 3° 'i _.
'Signature e s gne
POP
Official title
Print or type name of Owner
By t
lr/ eta << are r a?6 q?
S' stature Data signed
a
Print or type name and title o signatory
11ARNINGs 18 U.S.C. 1001 provides, among other things, that whoever knowingly and
willingly makes or uses a document er writing containing any false, fletitiio?t?
fraudulent statement ce entry, in any matter within the Jurisdiction of an
ageney of the United Staten, shall be flned not more than $10,000 or imprisoned for not
more than five years, or both.
HUD 52535 (5-84)
(HB 7420.7)
PRee 10 of 10 oa¢es
i
Sp ASSISTED LEASE AGIAMIENT
SECTION 8 EXISTING HOUSING
CERTIFICATE PROGRAII
111IS [.EASE AGREEMENT, made and entered into this the .&v,,L4 day of.
Ch 19 by and between c9p & ta,.-J (owner) and
(Resident) for the dwelling unit,
a
THE HOUSEHOLD consists of the following/ members,
(1) nlh. Q. D/ , (2) !o7Q&a&/, CL/i?U , (3) 11,/)
(4) (znnozi^, Ott/'DD , (5) (-11 ;JI 4,e,- X40 , (G) .
(7) , (8) , (9)
I . Housing Assistance Payments Contract.
Tile Landlord will enter into a housing Asnistance Payments Contract ("Contract")
with a Public i(ouning Agency (PHA) under the Section 8 Existing (lousing Program of tite
U.S. Department of (lousing and Urbnn Development. Under tite Contract, tite PIIA will make
housing assistance payments to tite Landlord to annlst tite Family, of which the Tenant in
tite representative, to lease Lhe dwelling unit from the Landlord.
2. Conflict Phil Other Provisions of Lease.
In cane of any conflict between the provisions of thin section of the Lease and any
other provisions of the Lease, the provisions of this section shall prevail.
3. Term of Leave.
The term of tite Lease shall begin on , /-'ic, and shall continue until
(1) a termination of the Lease by the Landl din accordance with paragraph (8) of thin
section, (2) a termination of the Lease by the Tenant in accordance with the Lease or by
mutual agreement during the term of the Lease, or (3) a termination of tite Contract by
the PIIA.
4. Sent. Coll la,t° ; en(- $&(-6
Imp S-id?,X
a. The amount of the total monthly rent payable to the Landlord during tine term of
tite Lease (called the "Contract Rent") shall be determined in accordance with
tite Contract between the Landlord and the VIA.
b. The portion of the Contract rent payable by the Tenant ("Tenant Rent") shall be
an amount determined by the PIIA in accordance with (IUD regulations and
reguirementn. The amount of the Tenant Rent in nublect to change an determined
by the PIIA during the term of the Lease. Any change in the Amount of tine
Tenant (lent will be stated in a written notice by the P11A to the Tenant and tite
Landlord, stating the new amount And the effective date of the change.
Initially and until nuch change the Tenant agreen to pay $ 0.4-' /.oo per
month to the Landlord as the Tenant Rent.
C. The Tenant Rent an determined by the PIIA in the maximum amount the Landlord can
recptire the Tenant to pay an rent for tlue dwnlllny unit, Including All
services, maintenance, and'utilitles to be provided by thA Lnnrtt.,r.u t"
h.
C.
it
de posit during the period the Tenant
ng 01eily
occupi un1e under the Lease. The Landlord shall comply
The Landlord Will hold the security on security deposits.
es the dwelli
state and local laws regardSng interest payment"
unit, the l.nndlord 115Y
use the security deposit, Including any
Ptter life Tenant Family has moved from tits dwelling npaid Tenant Rent tltener local (sul))ect to state and
t ,, reinbursemettt for anY and the
Interest on life deposit, e against ti d e security deposit
amounts which the Tenant owes wider tat use( asl reimbursement to the
Tenant a written list deducting hfter of ell items cha g ount of the balance to
amount of tlte lt l•Item' d shellpromptly tle e refund th amount e full amount
tie Tenant.
Ut)1?C1??-S?i °nc s I below for tile
ge to tie Tcolumn enant. (Tile cost of titeee
I charge
a Tile Landlord shall provide Clte utilities
dwelling unit without any additional charge
and are paid by tine Tenant.
utllLtiae is included l in ?ContractaRent,nt' RI1E utilities listed Sn column
IM ?
gal "t =
-
i
Ileating for Premises
Cooking Fuel - ??
other Electric
(Lighting, Refrig-
oration) ?
1leatin9 of Hater
for Premises
Bawer Charge ? ?-
Water Charge _ ?_
Trash l/ ?-
Lawn Care below are olu Co u
i/
snow Removal
Cleaning of Common Areas the _to rail e
"A he rang
b. (I) The range for tile dwelling uastepprahall be oVriata* It provided by unspecifl
(Insert Landlord or T nanrandlord.)
tile shall be provided by Ily pt. K?
unit shall be provided a the
acitld, Cite
(S1) Tile refrigerator for the dwelling Unit It unsp
(insert Landlord or Tetttavided by the Landlord.)
Pro
refrigerator shall be
C. The Landlord shall provide the following other appliances for life dwelling
unit,
(11) Violation of Federal, State, or local law which imposes obligntloon on a
tenant in connection with the occupancy or use of the •dwe)linq unit and
surrounding premises, or
Other good cause.
b. The following are some examples of "other good cause" for termination of
tenancy by the Landlords failure by the Tenant Family to Recept'the offer of a
new Leane in accordance with parograph (I1) of thin nection, a Tenant Family
history of disturbance of nelghborn or destruction of property, criminal
activity by Tenant Family members involving crimen of physical violence to
pernonn or property, the Landlord'n desire to utilize the unit for prrnonal or
family use or for a purpose other than tare an n residential rental unit, or a
buslnesn or economic reason for termination of the tenancy (such an nale of the
property, renovation of the unit, doslre to rent the unit at a higher rental).
This lint of examples is intended an a nou-exclusive statement of nome
situations Included In "other good cause", but shall Sn no way be construed nn
a limitation on the application of "other good cause" to situations not
included in the list.
jl c. Notwitlintanding paragraphs (n) or (b) above, during tl,e first year of the term
of It I.eaRe, the Owner may not terminate the tannnry for "other good cause"
unless the termination is based on Family malfeasance or nonfeasance. For
example, during the first year of the term of Lease, the Owner may not
terminate the tenancy for "other good cause" based on any of the following
grounds! (1) failure by tl,e Family'to accept the offer of a new Lease,
(1.1) the Owner's desire to utilize the unit for personal or family tine or for
a purpose other than an a renidential unit, or (111) a business or economic
reason for termination of t.be tenancy (ruck an a sale of the property,
renovation of the unit:, desl.re to rent the unit at a higher rental).
d. The Landlord may evict the Tenant from ti,e unit by instituting a court action.
The Landlord must notify the PIIA in writing of the commencement of procedures
for termination of tenancy, at the same time that the Landlord given notice to
Tenant under State or local law. The notice to the PIIA may be given by
furnishing the PRA a copy of the notice to the Tenant.
9. The Landlord shall not discriminate against the Tenant Family in the provision of
servicen, or in any other manner, on the grounds of age, race, color, creed,
religion, sex, handicap, or national origin.
10. Any notice under paragraphs (0), (11), or (12) of thin section may be combined with
and run concurrently with any notice required under State or local law.
11. After approval of a proposed new Lease by the PIIA In accordance with JIM
regulations, the Landlord may offer the Tenant Family the proposed new Lease for
execution on behalf of the Tenant Family, for a term hetfinning at any time after the
first year of the term of this Lease.. The Landlord shall give the Tenant written
notice of the offer, with copy to the PIIA, at least sixty days before the proposed
commencement date of the new lease term. The offer may specify a reasonable time
limit for acceptance by the Tenant Family.
12. The Tenant may terminate the Lease without cause at any time after the firnt year of
the term of the Lease, on not more than sixty days written notice by the Tenant to
the Landlord (with copy to the PIIA). (Tile provisions of thin nubsection (L) are not
intended to limit the right of the Tenant to terminate the Lease where no provided
elsewhere in the Lease.)
13. This lease has been signed by the partien on the condition that the PIIA will
promptly execute a Housing Annintance Payments Contract with the Landlord. This
Lease shall not become effective unless the PIIA has executed a Housing Assistance
.._.?_...._ .._-.---? ,,, .q. •1.• l..n.il .. ?.1 nffwnH vn Nm f-Iraf• rlwv of th, FPI"m of i11R IRRae.
C. Exculpatory Clause. Agreement by the Tenant not to hold the Landlord or
Landlord's agents legally responsible for any action or failure to act, whether
intentional or negligent.
d. Waiver of Legal Notice, Agreement by th,e Tenant that the Landlord may
institute a lawsuit without notice to the Tenant.
e. Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may
evict th,e Tenant or hold or sell possessions of the Tenant Family if the
Landlord determined that the Tenant has violated th,e Lease, without notice to
the Tenant or any court decision on the rights of the parties.
f. Waiver of Jury Trial. Authorization to ti,e Landlord to waive th,e Tenant's
right to trial by jury.
9. Waiver of Right to Appeal Court Decision. Authorization to the Landlord to
waive th,e Tenant's right to appeal a decision on the ground of Judicial error
or to waive th,e Tenant'a right to sue to prevent a judgment from being put into
effect.
h,. Tenant Chargeable With Cost of Legal Actions Regardless of outcome of Lawsuit.
Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the
Landlord decides to sue, whether or not the Tenant wine.
Signatures,
l I cc
Ngrtra?of Femlpreegn ahive
Slgnetureneltnure° 1 l V- I
Name of Family Representative
- ?d 0
Dat 9
lgned
ed
-----------------
Signature Date Signed
Data Signed
v'
p[:,. ?i1G;;•i [;,_?:;?i'i ,. Cartrica Hill at 119 S. Hanover St.
„ 583.00
iU P__.
l:(P! Iti`___.
11 3172.17
RETURNED: $ None (Tenant owes landlord $2589.17 in damages)
E;d"LNSE'S':
!dT?4;iaLS; :$ 576.35
IT_P11 U: $7.25-broken railing spindles (4/8/97)
8.56-cement, blades to repair carpet burns (6/14/99)
19.81-hardware for repairs (6/19/99)
4.87-spackle for wall repairs (6/21/99)
93.34-replacements for broken fixtures, etc. (6/19/99)
62.22-Carlisle Glass, broken windows, screens (6/21/99)
34.96-replacements for broken items (6/24/99)
297.23-balcony railing, hardware to replace broken
railing, broken by tenants (6/24/99)
24.05-broken miniblinds replaced (6/24/99)
15.63-hardware for repairs (7/6/99)
8,43-paint for balcony railing (7/7/99)
LABOR: 02474.39
: DJEZ D Landlord labor: ??
4/8/97- 2 hours $ $15 = $30
6/14/99- 2 hours @ $15 = $30
6/24/99- 8 hours @ $15 = $120
6/25/99- 6 hours @ $15 = $90
7/7/99- 4 hours @ $15 = $60
other labor:
7/8/99- $2114.39 (Interior painting
necessitated by tenant damages)
7/19/99- $30 (Reapairs to cellar door bent
by tenants)
None*
121.43
r
Final delinquent water bill
*Trash removal from, basement and backyard
Transom window repair - //
C Y Li i (3 , 3 ')i? t
X14 .•, _ •_
10,,41 4 r•:17y
!mss
Wit=
HANDY HARDWARE
TRUE VALUE
THANK YOU
DATE 06.19.'99 SAT
2X E/.m 08.59
HARDWARE 1 ri 817.18
HARDWARE 1 l`' $0.75
HARDWARE 1 T<1k',A50.75
TAXI AMT 81.13
TOTAL $19.81
CHECK 819.
CLERK 1 N0. 8
TIME 16:53 0002
C,4 J'14-
TM YAS ASTLCLEES LIl?R? AT
(7171 243-3939
:L77 It 07 SALE
06/14/ FOR
SWIM AT CASTLES LUMER
QUART ( MNTACT MOT DAP 0(2 6.09
33Z75 1 99 /FA
UTILITY BLADES SINE 11-921 1.99
SUB-TOTAL: 8.00 TOTAL: 6.56
CASH TEND: 50.06 DFNGE:
=1) JRNJ A24092 ((_
COST t +5
V.
da
LOWE' S
(717)766-8562
SALESMAN: 5485 55448668 86-24-1999
999 AB 3-LT FROST TUL 9.92-
39888 MINI BLIND 32X64 15.84-
4 6 3.76-
TAXU38559 : 21.SA-
INVOICE 311 TOTAL: 26.46-
BALANCE DUE: 26.46-
M/C : 26.46-
M/C XXXXXXXXXXXX8952 8882
AMOUNT: 26.46-
8495 65 86/24/1999 13:27:24 REFN: 311
THANK YOU FOR SHOPPING LOWERS
TRYRTOPTCHOICEDTREATED LUMBER?FOR
YOUR NEXT OUTDOOR PROJECT.
t I? L
YOU FUR 1HANN WP 8N6 AT
CAISTLER (717) 243-3939 '
6/21 8:16 .23 65 SALE
FOR SI PINB AT CAGw Ll6BER
UGL31612 \_1 f4.S9 /EA
6T 222 SPAMIN6 PASTE U6L 4.59
SUB-TOTAL: 4.59 ' TAX: .29
TOTAL: WE 4.87
CNt003947 ABA{
/: m)) 3RNLi A26B11 !(?
COST 6 +5_.... .
LOWE° E3
(717) 766-SW
SA
SALESMAN: S4BSCH1
71487 86-19-1999
15183 REPLACE RIM CYLIN 3.82
15183 REPLACE RIM CYLIN 3.82
68941 BALLPLATE 26 SW/S L51'
6W6 YALLPLATE 16 RCPT 1.98
68326 NALLPLATE 16 RCPT 1.96
73874 FO SMOKE DETECTOR 5.%
7387 SMOKE DETEC
999 AB 3 LT FR0.9T TUL 9.92 K
77921 ILL LIGHT A. BRAS 6.98
77921 "WLL LIGHT A.BRAS 6.98
: MINI BLIND 27X64
f 3.76
UM
MINI BLIND 36X64 3.76
39888 I
&
1HD 32364 22.56
6
O
6
39814 MINI
BIND 29
64 18.88 (D/Z
S
6
3
'281 21/4"ETCHED RP.6L 4.87
93726 2 1/4' FROSTED/ET 11.36
4 6 2.84
SUBTOTAL: 113. BE
TAX 38558 : 6.78
INVOICE 648 TOTAL: 119.88
BALANCE DUE: 119.86
M/C : 119.86
M/C )OCOC(XXXXXXX8952 8882 619981
AMOUNT: 119.86
8405 61 86/19/1999 11:86:12 REF6: 648
WANT TOBUILD ASHOPP
BETTING DECOR?S
TRY TOP CHOICE TREATED LWOU FOR
YOUR NEXT OUTDOOR PROJECT.
y N??#
DATE
• o
NAME ?1u2 Yia?Q?/, ,
ADDRESS
GLASS 111'6 1/8 3/16' 1/4 3/8 1/2 EDGE
MIRRORS 1/8 1/4 EDGE %v„ < I r %a r i
PLEXIGLASS.060 1116 1/8 3/16 1/4 378 .1/^iE
STORM WINDOW WI GLpss CORNERS, :.ATCHE
/ < UORW?OOR W PyEXJ _
-REEK REPAIR CORNERS(,
.? Lettuce - --
CASH
VISA I
CIA// ? ?
=G. ? C
r ry s1 IHI;
TAX'
C.
I NNE!!:
C
HOURS: MONDAY--FUDAY. 9:00--5•p0 SAT 9:00--::OON TOTAL
MONDAY
TUESDAY ft?THURSDAY V IDAY SATURDAY -----_--
s
S Cr1 P]
?
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77 STAl ;1r1EN_T,Co"
r... PAGE NO I
CASTLES LUMBER CO. & HOME CENTER
290 E. POMFRET STREET
CARLISLE, PA 17013
PH. (717) 243.3939 • FAX (717) 243=9195 Established 1932
TNAta1C YOU FG: S;WING AT CASTLES LUMER
;1, IYER X0. JOB NO. PUNCHAGE ORDER110. r `?` ENCE ?.?^ .r 'iEA .
`%&v
..• ?:I? Y ry:
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SUBTDTAL":. : 280.41
297.23
TAX pNQUPIf ;. ' .16,82
TOTAL ;'297.23
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24 West South SC Carlisle, Pa. 17013
Date 7--Z 199 f
Order No, 4
Job
QUAPL DESCRIPTION PRIG AMOUNT
o SGc •A/.r
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71 reran: Net 10 days A A' WCE Ca1NGE Of IM per m m (1 %
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THE HOME DEPOT 4121)
6000 CARLISLE PIKED MECH. PA 17053 "
MARK HIKES MANAGER (717)795-9602
4120 011009 40700 06/24/99 I"
SALE 11 232 02141 PM
793478011202 MINI BLIND 5.67
793478011202 MINI BLIND 3.67
793478011202 MINI BLIND 3.67
793478011202 MINI BLIND 5.67
SUBTOTAL 22.68
22.68 TAX PA 6.000 1.37
TOTAL $24.05
54910000114698952 VISA/MC 24.05
AUTH CODE 024471/3091721 TA <:•.-:"
ORIGINAL RECEIPT REQUIRED FOR REFUND
THANK YOU FOR SHOPPING AT THE HOME DEPOT
`
THEIR AD IS OUR AD - WAREHOUSE PRICEB
Leon Kauffman
property at 119 South Hanover Street
Carlisle PA 17013
Labor charge to paint interior $1,805.00
Supplies
Total due
0 Thank you!!
John C antalupi
1012 Nor: ifield Drive
Carlisle, 'A 17013
717-2 '•9-6780
309.39
$2,114.39
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Name
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Aaress
Account No. o. P-3826_01
WA
se?"?+ 1 D A1?5 ^ F 9n?"
Penalties I ..
Water Term
Amount Due 121
LEON E. KAUFFMAN
Plaintiff,
V.
CARTRICA M. HILL.
Defendant
TO: Leon E. Kauffman
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99- 7147 CIVIL TERM
CIVIL ACTION - LAW
You are hereby notified to file a written response to the enclosed New Matter and
Counterclaim within twenty (20) days from service hereof or a judgment may be entered against
you.
QO
Date
?G
P flip C riganti
Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, Pa 17013
(717) 243-9400
LEON E. KAUPPMAN
Plaintiff,
V.
CARTRICA M. HILL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99- 7147 CIVIL TERM
CIVIL ACTION - LAW
ANSWER
The defendant, Cartrica M. Hill, by counsel, Philip C. Briganti, Esquire, Legal Services,
Inc., responds to Plaintiffs Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. Defendant denies that she caused substantial property damage to the premises
which resulted in repairs totaling $3,415.03. Defendant incorporates by reference the averments
set forth below in Count iI of her New Matter.
7. Admitted in part and denied in part. Defendant admits that a security deposit was held
by Plaintiff in the amount of $583.00. Defendant denies that there is a balance due Plaintiff from
Defendant in the amount of $2832.03, after the security deposit is deducted from any alleged
repair costs. Defendant repeats and incorporates by reference her averments set forth above in
Paragraph 6.
NEW MATTER
1. Failure to Provide Written List of Damages Within Thirty Days of Surrender of Premises
8. Defendant repeats and incorporates by reference her averments set forth above in
Paragraphs 1 through 7.
9. Before Defendant surrendered the rental premises to Plaintiff on or about May 31,
1999, Defendant telephoned Plaintiff and verbally informed him of her new address.
10. Defendant believes and avers that Plaintiff wrote down or otherwise recorded her
new address after Defendant informed Plaintiff of it.
11. Plaintiff did not provide Defendant with a written list of alleged damages to the
rental premises until in or about August 1999, more than thirty days after Defendant surrendered
the premises to him.
12. Pursuant to 68 P.S. Section 250.512(b), because of Plaintiffs failure to provide a
written list of damages within thirty days after surrender of the rental premises, Plaintiff has
forfeited his right to withhold any portion of Defendant's security deposit or to bring suit against
Defendant for damages to the leasehold premises.
11. Specific Defenses to Liability for Repair Claims
13. The alleged expenditures and claims for labor set forth in Plaintiffs Complaint are
excessive, unreasonable and unjustified.
14. Because time balcony railing was in a deteriorated condition due to the age of the
wood and dry rot. Defendant is not liable for the cost of repairing said railing.
15. Any painting which was done after Defendant vacated the premises was necessitated
by ordinary wear and tear for which she is not liable.
16. Defendant made all necessary dry wall repairs to the premises before she moved out.
WHEREFORE, Defendant requests that judgment be entered in her favor and against
Plaintiff, and that she be granted such other and further relief as this Court may deem reasonable
and just.
COUNTERCLAIM
1. Failure to Return Security Deposit
17. Defendant repeats and incorporates by reference her averments set forth above in
Paragraphs 1 through 16.
18. Defendant paid to Plaintiff a security deposit in the amount of $583.00.
19. Plaintiff has not returned any portion of said security deposit to Defendant, or paid to
Defendant any interest thereon.
20. Pursuant to 68 P.S. Section 250.512, because Plaintiff forfeited his right to withhold
any portion of Defendant's security deposit due to his failure to provide Defendant with a written
list of damages within thirty days after Defendant surrendered the premises, and because of
Plaintiffs failure to return this deposit, plus interest earned thereon, to Defendant within said
thirty-day period, Plaintiff is liable to Defendant for double the amount of her deposit and the
unpaid interest.
WHEREFORE, Defendant requests that judgment be entered in her favor and against
Plaintiff for double the amount of her security deposit and any unpaid interest thereon, and that
she be granted such further or alternative relief as this Court may deem reasonable and just.
IL Failure to Make Annual Pavments of Interest Earned on Security Denosit Escrow Account
21. Defendant repeats and incorporates by reference her averments set forth above in
Paragraphs 1 through 20.
22. Pursuant to 68 P.S. Section 250.511 b, Plaintiff was required to deposit Defendant's
security deposit into an escrow account and make annual payments to Defendant of the interest
earned thereon after the second anniversary of the deposit of the escrow funds.
23. Plaintiff has never made any payments to Defendant of interest earned on the escrow
funds.
WHEREFORE, Defendant requests judgment in her favor and against Plaintiff in the
amount of all unpaid interest earned on the escrow account into which Defendant's security
deposit was placed.
III. Violations of the Unfair Trade Practices and Consumer Protection Law
24. Defendant repeats and incorporates by reference her averments set forth above in
Paragraphs 1 through 23.
25. Plaintiff is a person engaged in trade or commerce within the meaning of the Unfair
Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1 et sea.
26. Plaintiff's failure to return to Defendant her security deposit or pay her the interest
earned thereon constitutes an unfair or deceptive act or practice in violation of Section 3 of the
Unfair Trade Practices and Consumer Protection Law. 73 P.S. Section 201-3.
27. Plaintiffs failure to pay Defendant the interest earned on her security deposit
annually alter the second anniversary ol'the deposit of the escrow funds constitutes an unfair or
deceptive act or practice in violation of the Section 3 ol'the Unfair Trade Practices and Consumer
Protection Law, 73 P.S. Section 201-3.
WHEREFORE, pursuant to 73 P.S. Section 201-9.2, Defendant requests that she be
awarded judgment in the amount of her actual damages or $100.00, whichever is greater, for each
violation of the Unfair Trade Practices and Consumer Protection Law; treble damages; and such
other or additional relief as this Court deems necessary and proper.
Respectfully submitted,
Date: ??3 n o
AcPlilip riganti
Counsel for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717)243-9400
The above-named Defendant, Cartrica M. Hill, verifies that the statements made in the
above Answer, New Matter and Counterclaim are true and correct. Defendant understands that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date:
Cartrica M. Hill, Defendant
CERTIFICATE OF SERVICE
On this ? day of January, 2000, I hereby certify that the foregoing Notice to Plead,
and Answer. New Matter and Counterclaim, are being served on this date upon Plaintiff's
counsel, George F. Douglas, Ill. Esquire, by sending a copy of said documents by first-class U.S.
mail, postage prepaid, to the following address:
George F. Douglas, III, Esquire
DOUGLAS, DOUGLAS & DOUGLAS
27 W. High Street
P.O. Box 261
Carlisle, PA 17013-0261
Philip C. riganti
Counsel for Defendan
W.-
Fl, C'% i 14
I,
i
1'?KUI?
DOUGLAS. DOUGLAS & DOUGLAS
27 1V. DIGIT Sr.
11011261
CARLISLE PA 171113
TELEPHONE 717.243.1790
George F. Dougl;ts. III. lisquire.
Supreme Court I.D.061886
Leon E. Kauffman ?' _ In t i--I c C?iirt of Common Pleas of
Cumberland County Pennsylvania
Plaintiff
Vs. No. 99-7147 Civil 1999
Cartrica M. Hill
Civil Action Law
Defendants Jur 'trial Demanded
PLAINTIFF'S REPLY TO NEW MATTER AND COUNTER CLAIM
1. Failure to Provide Written List of Damages Within
'T'hirty days of surrender of premises
8. Paragraphs I through 8 of the plaintiff's complaint are incorporated
herein by reference.
9. Admitted.
10. Denied. Plaintiff received no written notice from the defendant of her
new address.
11. Denied. It is plaintiff's position that a written list of damages was
provided to the defendant within thirty days.
12. Denied. Pursuant to 68 P.S. Section 250.512 (e), the defendant had a
duty to notify the plaintiff in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises, and failure to do so shall
relieve the plaintiff from any liability under Section 68 P. S. 250.512.
WHEREFORE, it is prayed that judgment be entered in favor of the
plaintiff and against the defendant.
11. Specific Defenses to Liability for Repair Claims
13. Denied. All expenditures and claims for labor are reasonable.
14. Denied. The railing was severely damaged by the defendant and in
need of repair.
15. Denied. It was necessary to paint the interior due to the excessive
wear and tear and damage to the walls.
16. Denied. Any attempted dry will repair by the defendant was not
done properly.
WHEREFORE, it is prayed that judgment be entered in favor of the
plaintiff and against the defendant.
PLAINTIFF'S ANSWER TO
DEFENDANT'S COUNTERCLAIM
I Failure to return security deposit
17. Plaintiff's reply to paragraphs 1 through 16 are incorporated herein by
reference.
18. Admitted.
19. Admitted.
20. Denied. Pursuant to 68 P.S. Section 250.512 (e) the defendant had a
duty to notify the plaintiff in writing upon termination of the lease or upon
surrender and acceptance of the leasehold premises, and failure to do so shall
relieve the plaintiff form any liability under Section 68 P.S. 250.512 (e).
WHEREFORE, it is prayed that the counterclaim of the counter-plaintiff
be dismissed.
II Failure to make annual payments of interest
earned on security deoosit escrow account
21. Plaintiff's reply to paragraphs 1 through 20 are incorporated herein by
reference.
22. Denied as a legal conclusion to which no response is necessary.
23. Admitted.
WHEREFORE, it is prayed that the counterclaim of the counter-plaintiff
be dismissed.
l
?I. Violations of the Unfair Trade Practices
and Consumer Protection Law
24. Plaintiff's reply to paragraphs I through 24 are incorporated herein by
reference thereto.
25. Denied as a legal conclusion of law to which no response is necessary.
26. Denied. Plaintiff did not return the security deposit of the defendant
due to the excessive damage caused to the rented premises by the defendant.
27. Denied. "rhe answer to paragraph 26 is incorporated herein by
reference.
WHEREFORE, it is prayed that the counterclaim of the counter-plaintiff
be dismissed.
Douglas, Douglas & Douglas
X7 tR? f^. hj'6::sA "?- L?
George F. Douglas, Iff
Attorney for Plaintiff
AFFIDAVIT
1 HEREBY SWEAR Olt AFFIRM THAT TH1 FOREGOING IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE- AND/OR INFORMATION AND
BELIEF.
TIIIS IS MADE SUBJECT TO TILE PENALTIES OF 18 PA.C.S.§ 4904 RELATING
TO UNSWORN FALSIFICATION TO AUfIIORITIES.
Leon E. Kauffman
Dated: ???
I--
1
DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
WILLIAM P. DOUGLAS. ESQ.
Supreme Court I.D.N 37926
CARLISLE PA 17013 K GEORGE F. DOUGLAS, M. ESQ.
TELEPHONE 717.243-1790 Supreme Court I.D.k 61886
LEON E. KAUFFMAN,
PLAINTIFF
vs
CARTRICA M. HILL,
To: Curtis R. Long, Prothonotary
._ ..............
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
1999- 7147 CIVIL TERM
CIVILACTION LAW
PRAECIPE
Please mark the Complaint and Counterclaim in this matter
settled and discontinued on the docket.
LEGAL ERVICESI INNCC.
by? l ??JG/?yf2f
At6orney or Defen ant
DOUGLAS, DOUGLAS (& DOUGLAS
Date: March 14, 2000 by lQm OR ?KS`?J47 ,
Attorney for the Plaintiff
LLI LL 1!
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