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03-6236
COMMON..WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~e is gi~ ~ ~ ~t ~s fi~ in t~ a~ Court of C~ ~s ~ ~1 ~ ~ j~g~ ~d ~ ~ ~stri~ ~tke ~ ~ ~ ~ in ~ ca~ ~ ~ 11/24/03 Selene Woodson 2209 A Cedar Run Drive 'O~c~,~;7~par tment s CV U 0000577-03 This block will be signed ONLY when this notation is required under 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cask $igru~um of Pro#l~,otery or Ueputt - I Charles A Clement, Jr. Cam~ Hill PA 1 7011 I~'~-"~,~~ .idPenn Lecjal Servic ]~amela G. T~mi~h 8 Trvine Row _(717) 243-9400 Carlisle PA 17013 P= R.CF3P. NG 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 RULE TO FILE COMPLAINT AND RULE TO FILE (This sectic~ of fo~m to be used ONLY when appellent was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before DisO'ict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon CYr'c'h~-6 ~[~m~DtS , appellee(s), to file a complaint in this appeal ~ Neme of eppellee(s) (Common Pleas No. ~-/ ~-J~-- ~/t', ~.C~,~t~ within twenty (20)days aft)~ .vice of.rule .e~'/suffes'~try of judgment of non pros. RULE: To Orchard Apartments , oppo#ee(s). N~ne of eppe~s) (1) You am 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 role upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule ~f service was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AF fYR firing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS 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 serwce) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on [] by personal service [] by (certified) (registered) mail. sender's receipt attached hereto [] and further that I served the Rule to Pile a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service ~ by (certified) (registeredi mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ..... THIS COMMONWEALTH OF PENNSYLVANIA COUNTY OF' CUMBERLAND Mag. Dis[ NO,: 09-1-01 DJ Name: HOn CHARLES A. CLEMENT, ~R. A~,: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Teleohone: ~717,; 77~-5989 17070 SELENA WOODSON 2209 CEDAR 'RUN DRIVE EXT CAMP HILL, PA 17011 IS *.'TO NOTIFY Y~U THAT: NOTICE OF JUDGMENT/TRANSCRIPT PL^ HTIFF: RESIDENTIAL LEASE NAME and ADDRESS __ F-ORCHARD APARTMENTS 2204 CEDAR RUN DRIVE CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS rWOODSON, SELENA 'q 2209 CEDAR RUN DRIVE EXT ~%MP HILL, PA 17011 -~ Docket No.: LT- 0000577 - 03 Date Filed: 11/06/03 Judgment: FOR ,PLAINT~'-FF -JUdgment was eritered for: ' (Name) ORC~ Judgment was entered against WOODSON, SELENA in a ] Landlord/Tenant aotion in the amount of $ 93.00 on 11/24/03 . (Date of Judgment) The amount of rent per month, as established by the District,,~ustice. is $ 66 The total amount of the Security Deposit is $ ,00 Rent in Arrears Total Amounts Established by DJ. 00Less...~,$Security Deposit Ap~d.u == $ Adjudicated A mo.ul~~ Physical Damages Leasehold Property $ .00 -'$ .00 = $ .00 Damages/Unjust Detention $ .00 -- $ .00 -- $ .00 :.. ' ........ ~-~=-'~ :;, Less Amt Due Defendant from Cross Complaint -- $ .00 ~ .~,' ':.~:.:', : , . .'.:'.~.".':?v: ~nte-reSt(ifpcb~/kled'b~l,eas~) -.:$ ~:' .00 [*--] .Attachment 15rol~blted/ ..... : ' ;Jdidgment C~sts ....... $ , - - 93 · 00 u-~,.::42?a.,c:s:,§8127 , · , ,,.-,, - "", , ;Att0~;rie~;~:e~s ;",: ;, -.i': '. ;,$ , - .00 []' Thi~;base"tfismis~bd with0~u't prej~di.c..e.. $ 93 .' 00 [~] Possession granted. ........... ~-Total Judgmeni Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is not satrst~ed by [~me ct ewct~on. Possession not granted. [~ Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY, IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARWCLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED· IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION· THE PARTY FILING AN AP[SEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXC~=PT AS ,OTHERWISE pROVIDED IN THE RULES OF CIVIL PROCEDURE FOR D!STRI IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS FROM'THE COURT (~E:C.Q~.']MO]~P._LEI~,S'-AN~:NO~FOR~HEB PROCESS MAY BE ISSUED BY THE · UNLESS THE JUDGMENT I$ ENTERED lENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE IN FIrl.~:~, S~TTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~ -,-" ': 11/24/2003 Date ' '- ' District;JuStice II certify that this is a true and correct qopy of the record of the proceefding~ containihg Date , '~istrict Justice~ My commission expires first Monday of January, 2008. SEAL ORCHARD APARTMENTS, Plaintiff V. SELENA WOODSON, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- /-,..~,3~ C1VIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the defendant in this action, Selena Woodson, to proceed in forma pauperis. I, Pamela G. Smith, Esq., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the Pamela G. Smith, Esq. Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. C)3 ' CIVIL TERM AFFIDAVIT 1. I, Selena Woodson, am the defendant in the above-captioned action, which is an appeal from a judgment rendered by District Justice Charles Clement, Jr. on November 24, 2003, awarding Plaintiff possession of the residence in which I reside. 2. My rent for this residence, located at 2209 A Cedar Run Drive, Camp Hill, PA as established by the District Justice is $66.00 per month. The rent, which is subsidized by HUD, is due on or before the first day of each month. 3. My next rent payment will be due on or before December 1, 2003. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Defendant PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing tt]e notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA : ~ /~n,r~ ;ss FFIDAVIT' I hereby swear or affirm that t served_, ., /', '~ -,/'- ~ ..¢~, u~,on the District Just ce designated therein on A a co of the Notice ot _Appeal C..om?o~.?.,a~o, .¢~-~-~T:"~-~.~,,~i-~ic;~' [] by fcertified)(re) mail sender's ~, . /oZ /_,~_c4~/,..2 _.___. LJ. , ~ ./5 , on ( , a eilee name) ~ ~L~.,~r'_<. _~,~- . , ' heal hereto rece,.t attached hereto, and.pont~ .pp ,, ...... ~,~;_o,~ ¢¢.~. '~i~d~ (¢¢) m~,~. . ~' / ~, ~ ~ W ~ Dy persona~ 5u~w~ ~ ~y ,__rtl , ...~ .... ~ ....~ -~on the a~nellee[s) [o whom ~/(J~ .... ~; .- ~:,~ ~ ~tNnt accompanying the above Nouce o] ~pF~u, ~,,~. ~ and further that I served me ~?~u ~,X~,,,~,~ "~2 ~ ~ by personal se~ice the Rue was addressed on ~¢_, mail sender's receipt attached hereto. , SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ~,Y~ /',(/ THIS DAY OF ~ -~/-~-~'<?~--~ ....... Signature of a~ant My commission expFes on [ verily that the statements made i~ this Affidavit are true a~d correct. [ u~derstand that false statements herei~ are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsifications to authorities,, .y' : / ? ..- C?MMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is g~ven that the appellant has filed in the date and in the case mefl~cmed belo~ above Court of Common Pleas an appeal from the judgment rendered by the District Justice off the Selena #oodson 2209 A Ceda~ Run DrJ. ve ~---------~ I~T~c^s~(~('~',') PA (~-~-,) 17011 _ 11/24/03 Orcha~ ~t.=~ts ~ ,~ ^ -" CV H*l - - 8 Irvtne Row ?O08& ~; ~;? .(, NO ~ ~TO FILE COMPLAINT ~,, i RAECIPE TO (This.section of fom{,~ ,,~,~ ,~A,, ,, ,._a~ . AND RULE TO FILE - PRAECIPE: To ' - ' t within twenty {20) days af'~ service of. rule,pf/suffer/e~ntry of ]udgmant of nan RULE: To__ OZ'chaT'd Apaz"l~m~nt~ .vice/J)u...Y_o~_ ,are notified ,that a rule is hereby ente~ upon you to "leo cn"'4 .... "-' - ..... ...... ' ~" ~an. ~--W .p.,o.of ,~o. by ~ ~.,. ~., ~'Y ......... ,s ~ ~i. tw~,y ~0) ~, a~ ,he ,~. of 2 "~Z ¢~ ' (3) T~.h~.',;~e 'f'serv~ ? this rul~ ~flSaWl% w~s by rn~il is the dote of rnoilir~ AOPC 312-90 COURT FILE Certified Moil Provides: .Receipt (PS Forrn 3811 ) to ~'~;'[~V~ne~l P~r~e~a _s~. c~m~.ete an(:/attach aPRetum ; raed_UphC~ate return rec~pt a USPSe ;P~sRtmeqaUr~oo~ed:.'..!-0 r,E.ec~.¥.e p fee waiver for cie at the post off ce for postmarking, n a postmark on the Certi ed Mall iMPORTANT: Save this receipt and present it when making an inquiry. internei access to delivery information is nol available on mail addressed to APOs and FPOs. Certified Mail Provides: ('e~e~u) zoo~e"nr cog~= ~sa · A mailing receipt · A unique identifier for your mallpiece · A record of dalive~ kept by the Postal Service for two years CE COVERAGE IS PROVIDED with Certiffed Mail For · NO tNSURAN ' insured or Reg stared Mail. · Foran ". ' ecelntsewmce, p~/easec~mI~l.e'a,n°~fJ3~°etei~oi~c~vR~rt~t~ foe. Endorse mAllplece..Re~tr~pS,~ ~jstm~,k on your CeTtlhed Mad pt . t(gno tmark on thp Cerfffled ~aLI ,r.~c..elp oostmar~on the CQrtified Mall - ~le ~t ~)le post off,ce for p:~Stan~r~~ [J~e~ with postage a. nd mall. scsi t and present it when making an inquiry. IMPORTANT: Save t. bi.s. r .. ~-P~-,mation is eot avnilable on mail ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 03-6236 V. : : CIVIL ACTION -LAW SELENA WOODSON, : Defendant : NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 717-249-3166 Effective September 1, 2003 Complaint AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.. 1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta demanda puestas en las siguientes pfiginas, usted tienen que tomar ac¢ibn dentroo veinte (20) dias despu~s que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objecinnes a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y tm jazgamiento puede ser entrado contra used por la Corte sin mhs aviso por cualquier dinero reclamado en la Demanda o por cualquier otto reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o ostros derechos importante para usted. USTED DEBE LLEVAR l~STE PAPEL A SU ABOGADO ENSEGUIDA, SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELI~FONO LA OFICINA FIJADA AQU~ ABA JO. ESTA OF1CINA PUEDE PROVEER~ CON INFORMACI~)N DE C(bMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, I~STA OFICINA PUEDE PROVEERI~ INFORMACI~)N ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORAR10 REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 717-249-3166 Efectivo 1 de septiembm, 2003 Queja ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO, 03-6236 : : CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, Orchard Associates, t/d/b/a Orchard Apartments by and through its attorneys, Cunningham & Chernicoff, P.C., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: 1. The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Selena Woodson, is an adult individual who resides at 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiffs cause of action, Plaintiff, Orchard Associates t/d/b/a Omhard Apartments, has been the legal owner of the tract of land on which the building in which the Defendant resides is sited. 4. Defendant has resided at Omhard Apartments since 1983. On May 5, 1992, Defendant executed a Lease Agreement which Agreement was replaced by a new HUD mandated lease dated April 14, 2003, by the terms of which the Defendants leased from the Plaintiff an apartment located at 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania for a month to month term. A true and correct copy of the prior Lease Agreement, and the new mandated HUD Lease for the premises located at 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania are attached hereto, made part hereof and are marked Plaintiffs Exhibit "P-I". 5. The Defendant agreed to abide by the terms set forth in the Lease Agreement which specifically states in Paragraphs 3 and 5 of the Lease that rent is due and owing on the first (lst) day of each month and if rent is not paid by the fifth (Sth) day of each month, a charge of One and 00/100 Dollar($1.00) per day including the grace period days, but not to exceed $30.00 per month was agreed to be paid by the Defendant. 6. The Defendant pursuant to paragraph 1 l(a) of the Lease Agreement was responsible to pay for repairs above and beyond normal wear and tear to the apartment within thirty (30) days of the date of the repair invoice. 7. The Defendant failed to pay monthly rental payments in a timely manner for the months of January, February, April, June, July, October, November, December 2002 and February, May and August of 2003. 2 8. The Defendant failed to pay monthly rental payments of Sixty-Six and 00/100 Dollars ($66.00) per month for the month of December 2003. 9. The Defendant failed to pay within thirty (30) days invoices for repairs to the apartment unit forwarded to the Defendant by the Plaintiff on April 4, 2002, May 17, 2002, and July 31, 2002. True and correct copies of the invoices are attached hereto, made a part hereof and marked Exhibit "P2." COUNT I - IN EJECTMENT 10. Plaintiff incorporates Paragraphs 1 through 9 of the Complaint as if more fully set forth herein. 11. The Plaintiff's agent, Debbie Anstine, after a review of the Defendant's rental history, reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement for the following reasons: a. Defendant's failure to pay rent in a timely manner in accordance with Paragraphs 3 and 5 of the Lease Agreement which, in the opinion of the Plaintiff, represents a substantial violation of the terms of the Lease Agreement, Rules and Regulations of the apartment complex and HUD Regulations, specifically Paragraphs 3 and 5 of the Lease Agreement and Section 4-18 of the HUD Technical Handbook, 3 Transmittal 4350.3. The Defendant's actions also represent a material non-compliance with the terms and conditions of the Lease Agreement as defined under HUD Regulations and Paragraph 23 of the Lease Agreement. b. The Defendant's failure to pay rent for the months of August and September 2004, which in the opinion of the Plaintiff, represented a substantial violation of Paragraphs 3 and 5 of the Lease Agreement, the Rules and Regulations of the apartment complex, and HUD Regulations set forth in Section 4-18 of the HUD Technical Handbook, Transmittal 4350.3, all of which constitutes a material non- compliance with the terms of the Lease Agreement as that term is defined under Paragraph 23 of the Lease Agreement and the applicable HUD Regulations. C. The Defendant's failure to pay for damages incurred in the apartment unit within thirty (30) days of the date of the invoice representing a substantial violation of Paragraph 11 of the Lease Agreement, the Rules and Regulations of the apartment complex, and HUD Regulations set forth in Section 4-18 of the HUD Technical Handbook, Transmittal 4350.3, all of which constitutes a material non- compliance with the terms of the Lease Agreement as that term is defined under Paragraph 23 of the Lease Agreement and the applicable HUD Regulations. 4 12. The Plaintiff has not defaulted in its responsibility to provide a habitable premises to the Defendant and is of the opinion and therefore avers that the premises being occupied by the Defendant are in such a state as not to violate the applied warranty of habitability owed by the Defendant to the Plaintiff. 13. On September 11, 2003, the Defendant was properly served by the Plaintiff; at the Defendant's residence, with a Proposed Notice to Quit. The Proposed Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P3". 14. On September 22, 2003, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Notice to Quit. The Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A tree and correct copy of the Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P4". 15. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and has since the time she received the Notice to Quit, continues to remain in possession of said apartment. 5 16. The Defendant's failure to pay the aforesaid rent, pay rent in a timely fashion within the grace period allowed by the terms of the Lease Agreement, and to pay for damages within the thirty (30) day period provided by the terms of the Lease Agreement, represent good cause to seek the forfeiture and termination of the Lease Agreement. WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiffon the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex, Pennsylvania Landlord and Tenant Act and HUD Regulations; and Plaintiff further demands it be granted possession of 2209 A Cedar Cliff Drive Extended, Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN ASSUMPSIT 17. Plaintiff incorporates by reference Paragraphs 1 through 16 of the Complaint as if more fully set forth herein. 18. Defendant has failed to pay rant for the month of December 2003 and late fees for each month rent was not paid. WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiff in the amount of Ninety-Six and 00/100 Dollars ($96.00) together 6 with any further rent and late fees incurred and unpaid from October, 1994 to the conclusion of this litigation, together with costs and interests. Dated: 12/23/03 Re sp e ct fully s~mi~d/,y CUNNING/~ERNICOFF, P.C. ~I.I~.d;~-~44unningham'_D_#2~144 Esquire I232ONorthSecond Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 7 VERIFICATION Jordan D. Cunningham, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Omhard Associates, t/d/b/a Omhard Apartments, the Plaintiffs in the within action. I, Jordan D. Cunningham, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa~C.S.A. §4~204 relating to unsworn falsification to authorities.. ~/~J~ ' Dated: 12/23/03 EXHIBIT P1 RESIDENTIAL LEASE AGREEMENT ,~ ~ SF. LENA WOODSON CEDAR RUN DRIVE, CAMP ;~ILL, PA 17011 10. MAINTENANCE AS SCHEDULED AS SCHEDULED 21. DISCRIMINATION PROHIBITED 23. TERMINATION OF TENANCY a. TO lermJnale this Agreemen¢, the Tenant must give the Landlord thirty (30) days' written notice before moving from the unit. If Ihe Tenat~ 29. SIGNATURES TENANT LEASE AGREEMENT 1. PARTIES AND DWELLING ORCHARD APARTMENTS Selena Woodson UNIT: The parties to this Agreement are , referred to as the Landlord, and , referred to as the Resident. If more than one Resident is a party to this Lease, the Residents understand and agree that they are jointly and severally liable. The Landlord leases to the Resident Unit # 2209 A located at 2209 A Cedar Run Dr. Ext., Camp Hill, PA 17011 , in the Housing Development known as ORCHARD APARTMENTS The Resident acknowledges that only the following persons will reside in the unit as part of the Resident(s) household/family: Selena Woodson Chastity Woodson Richard McClung Any changes in the Resident's household/family must be immediately (within ten (10) calendar days) reported to the Landlord in accordance with Paragraphs 13 and 16 of the Lease Agreement. June 1, 2003 2. TERM: The initial terms of this Agreement shall begin on June 30, 2003 and end on . After the initial term ends, the Agreement will continue Month to Month for successive terms of unless automatically terminated as permitted by Paragraph 23 of the Agreement. RENT: N/A The Resident agrees to pay $ ~:/a for the partial month ending on After that, Resident agrees to pay a rent of $ 69.t30 per month. This amount is due on the 1st day of the month at Orchard's Rental Office The Resident 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 Resident. The amount, if any, that HUD makes, available monthly on behalf of the Resident is called the Resident Assistance Payment and is shown on the "Assistant Payment" line of the Certification and Recertification of Resident Eligibility Form which is Attachment No. 1 to tiffs Agreement. 4. CHANGES IN THE RESIDENT'S SHARE OF THE RENT: The Resident agrees that the amount of rent the Resident pays and/or the amount of assistance that HUD pays on behalf of the Resident may be changed during the term of this Agreement if: a. HUD or the Contract Administrator determines, in accordance with HUD procedures, that an increase in rent is needed; b. HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Resident's share of the rent; The income, the number of persons in the Resident's household or other factors considered in calculating the Resident's rent change and HUD procedures provide that the Resident's rent or assistance payment be adjusted to reflect the change; d. Changes in the Resident's rent or assistance payment are required by HUD's recertification or subsidy termination procedureS; e. HUD's procedures for computing the Resident's assistance payment or rent changes: or The Resident 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 Resident's rent or Resident's assistance payment only in accordance with the time frames and admLnistrative procedures set forth i.n HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Resident at least thirty (30) days written notice of any increase in the Resident's rent except as noted in P~phs 11, 15 or 17 of the Lease Agreement. The Notice will state the new amount the Resident 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 Resident that he/she may meet with the Landlord to discuss the rent change. 5. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS: Rent shall be payable in advance on the first day of each month. If the Resident does not pay the full amount of rent by the close of business on the 5~h day of the month, the Resident will be 2 delinquent and charged an administrative late fee in accordance with provisions of the Resident Handbook, which is an attacb_rnent and a part of this Agreement. The Landlord may terminate this Agreement for not, payment of rent, as explained in Paragraph 23 of the Lease Agreement. The charges discussed in this Paragraph are in addition to the regular monthly rent payable by the Resident. On the first or any additional time a check is not honored for payment, the Landlord may collect a fee in accordance with the provision of the Resident Handbook which is an attachment and a part of this Agreement. On the first'or any additional time a check is not honored for payment the Landlord may require rent to be pa/d by certified c~ck or money order. 6. CONDITION OF DWELLING Lr~IT: By signing this Agreement, the Resident acknowledges that the unit is safe, clean and in good condition. The Resident agrees that all appliances and equipment in the unit are in good working order, e,,a:ept as descr/bed on the Urdt inspection Report which is Attachment No. 2 to this Agreement. The Resident 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 Resident agrees that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Resident. The Resident must pay for the utilities in Column (1) in a timely manner to avoid shut off. Payments should be made directly to the appropriate utiliv company. The items in Column (2) are included in the Resident's rent: Put '~X" by any UtiliLy Resident Pays Directly Tvr~e o1:~ Utility (2) Put "X" by any Utility. included in Resident Rent X Heat X K Lights. Electric Cooking Water X Other (Specify): Sewer Trash Removal The Resident agrees to pay the Landlord the total charges in addition to rent shown in Column (3) on the date the rent is due. The r~rtdlord 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. O) Show $ Amount Resident Pays to Landlord in Addition to Rent Parking Other (Specify) Total Charges in addition to Rent: 5 $ None S 8. SECURITY DEPOSITS: The Resident has deposited $ L/7~.FO with the Landlord. The Landlord will hold this secur/ty deposit for the period the Resident occupies the unit. For the Resident's protection, it will be kept in a trustee's security deposit account at: Commerce National Bank, 1701 Route 70 East, Cherry Hill, New Jersey 08034 After the Resident has moved from the unit, the Landlord ,,,,'ii1 determine whether the Resident is eligible for a refund of' any or ail of the security, deposit. The amount of the refund will be determined in accordance with the fotlowing conditions and procedures: The Resident will be eligible for a refund of the security deposit only if the Resident provided the Landlord with the 30-day written notice of intent to move required by Paragraph 23. unless the Resident was unable to give the notice for reasons beyond his/her control. After the Resident has moved from the un/t, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Resident to .participate in the inspection, if the Resident so requests. c. The Landlord will refund to the Resident the amount of the security deposit (plus interest) less the amount needed to pay the cost of the following: (I) unpaid rent, (2) damages that are not due to normal wear and tear and are not listed on the Move-In Unit Inspection Report; (3) charges for late payment of rent and returned checks as described in Paragraph 5 of the Lease Agreement; 4 (4) charges for unreturned keys, as described in Paragraph 9 of the Lease Agreement; and (5) any other charges permitted in accordance with applicable state and local laws. [merest on the security deposit will be computed at the applicable money market rate but not less than passbook. Resident underst~.nds that interest rates may fluctuate during occupancy and the interest aided to the security deposit will reflect these fluctuations as well as bank and/or administrative charges where applicable in accordance with applicable state or local laws. The Landlord agrees to refund the mount computed in Paragraph 8 c. of the Lease Agreement within thirty (30) days after the Resident has permanently moved out of the unit, returned possession of the unit to the Landlord, and given Ns/her new address to the Landlord. The Landlord will also give the Resident a written list of char~s that were subtracted from the. deposit. If the Resident disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Resident and irzformally discuss the disputed charges. if the unit is rented by more than one person, the Residents agree that they will work out the details of dividing any refund among themselves. The Landlord may pay the refund to any Resident identified in Paragraph 1 of this Lease Agreement. The Resident understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Resident in accordance with Paragraph 11. 9. KEYS AND LOCKS: The Resident agrees not to install additional or different locks or gates on any doors or windows of the unit without the prior written permission of the Landlord. If the Landlord approves the Resident's request to install such locks, the Resident agrees to provide the Landlord with a key for each lock. When this Agreement ends, the Resident agrees to return all keys to the dwelling unit to the Landlord. In accordance with the provisions of the Residents Handbook, which is an arsachment and a par~ of this Agreement, the Landlord may charge the Resident for each key mt returned. 10. MAINTENANCE: a. The Landlord agrees to: il) regularly clean all common areas of the Housing Development; (2) maintain the common areas and facilities in safe condition; (3) arrange for collection and removal of tzash and garbage; (4) maintain all equipment and appliances in safe and working order; (5) make necessary repairs with reasonable promptness; (6) maintain e~er/or lighting in good working order; (7) provide extermination services, as necessary,; and (8) maintain groUnds and shrubs. b. The Resident agrees to: (I) comply with all obligations imposed upon Resident by applicable provisions of building and housing codes materially affecting health and safety; (2) keep the premises and such other areas as may be assigned to the Resident for Resident's exclusive use in a clean, ordeHy and safe condition; (3) not litter the ground or common areas of the Housing Development; (4) promptly report to the Landlord any breakage, damage, or need for repairs to the premises or equipment therein and promptly report any unsafe or unsanitary conditions in the common area and grounds which may lead to damage or injury; (5) use all appliances, fixtures and equipment in a safe manner and only for the purpose for which they are intended; (6) not destroy, deface, damage or remove any part of the unit, common area, or housing development ~ounds; -- (7) remove garbage and other waste from the unit in a clean and safe manner; (8) comply with all present and future laws, orders and regulations of all state, federal, municipal and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse and trash. Resident shall sort and separate items into categories as provided by law, and in accordance with the rules and regulations adopted by the Landlord for the sorting and separating of such designated recyclabie materials. (9) Pay all costs, expenses, fines, penalties, or damages imposed on Landlord or Resident by reason of Resident's failure to comply with Item (8) above. 1 I. DAMAGES: Whenever damage is caused by carelessness, misuse, or negligence on the part of the Resident, Ns/her family, members of his&er household or visitors, the Resident agrees to pay: a. The cost of all repairs and do so within thirty. (30) days after receipt of the Landlord's demand for the repair charges; and, Rent for the period the unit is damaged whether or not the unit is habitable. The Resident understands that HUD will not make assistance payments for any per/od in which the un/t is not habitable. For any such period, the Resident agrees to pay the HUD, approved market rent rather than the Resident rent shown in Paragraph 3 of this Lease Agreement. 12. RESTRICTIONS AND ALTERATIONS: The Resident agrees to comply with the following and agrees to obtain Lardlord's written permission for any exceptions: a. Supplementm'y electrical or open-flame space heaters or any other devices are not permitted. 6 Park vehicles only in area designated by Landlord. Vehicles shall not be driven over curbs, walks, or lawns, or outside of regularly traveled driveways intended for such use. Vehicles must be in running condition with current inspections and current registrations to remain on the premises. Any motor vehicle not meeting these requirements may be removed by the Landlord within forty-eight (48) hours at the expense oft_he Resident. Repairing or overhaulin~g of vehicles on the premises will not be permitted. Motorcycles, motorbikes or scooters shall not be stored in the dwelling unit. Resident shall not park trailers, boats, or campers on premises, common areas or streets without prior written consent of Landlord. Resident shaI[ make no changes, repairs or alterations to the premises and equipment and shall not use wallpaper, contact paper, adhesive hangers, tacks, nails, screws or any fasteners in any part of the premises except in a manner approved by Landlord. Resident shall not store household or personal property outside the dwelling unit, other than in designated storage facilities, without prior written permission from the Landlord. Attic and crawl spaces are not considered storage areas and shall not be used as such, as tiffs presents a fire hazard. Resident shall not have a water bed. Resident shall permit no combustible material to be kept on the premises except routine domestic household products stored in approved containers. Resident shall not erect radio aerials or television antennas without the prior wz/tten consent of Landlord. Resident shall not change or remove any part of the appliances, fixtures or equipment in the trait. Resident shall not install washing machines, du'ers, freezers or air-conditioner in the unit without consent from the Landlord. Resident shall not use or operate any equipment or machinery that is harmful to the apartment unit or to residents of the apartment community. Resident shall not engage in any unlawful activities in the apartment or on the premises of the apartment complex nor shall a Resident permit unlawful activities in the apartment or on the premises. Resident understands and agrees that the Landlord does not provide security protection for the Resident, Ns/her family members, Ns/her guest, his/her vehicle or personal property. Resident understands and agrees that the Landlord is Not responsible for the follow/ng: 7 Damage or loss of Resident's property resulting from fire, wind, water, theft or otherwise (Resident understands that Resident is responsible for obtaining insurance covering personal household possessions.); (2) Damage or loss of Resident's property entrusted to Landlord's employees; (3) The loss or dama=e of Resident s possessmn stored m storage rooms; (4) The acts of other Residents; (5) Property remaining in the unit after the term of the lease, after the tenancy ends, or the possession of the unit is secured by legal process. Such property shall be considered abandoned and the Landlord can either keep such property or have it removed at the Resident's expense. The Landlord agrees to provide reasonable accommodation to an otherwise eligible resident's disability, including making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas. The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlord's program or which would pose a substantial financial and administrative hardship. See the regulations at HUD 24 CFR Part 8. In addition, if a requested structural modification does pose a substantial financial and administrative hardship, the Landlord must then allow the resident to make and pay for the modification in accordance with the Fair Housing Act. 13. GENERAL RESTRICTIONS: The Resident must live in the unit and the unit must be the Resident's only place of residence. The Resident shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Recertification of Resident Eligibility.. The Resident shall not permit other individuals to reside in the unit until an application for tenancy has been submitted and approved by the Landlord. a. The Resident shall not: (1) sublet or assign the unit, or any par~ of the unit: (2) have pets or animals of any kind in the unit without the prior v, ritten permission of the Landlord, but the Landlord will allow the resident to keep an animal needed as a reasonable accommodation to the resident's disability, and will allow animals to. accompany visitors with disabilities who need such animals as a accommodation to their disabilities; or (3) refuse the extermination services for rodent or insect infestation; (4) make or permit noises or acts that will disturb the fights or comforts of neighbors. The Resident agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors; or (5) take any action or engage in any conduct wi.ich disturbs the livability of the housing development or complex by adversely affecting the health or safety of any Resident or the right of any Resident to the quiet enjoyment of the leased premises and related facilities, interferes with the management of the premises, or that has an adverse financial affect on the Housing Development. (6) use the unit for tmlawful purposes; (7) engage in or permit unlawful activities in the unit, in the common areas or on the Housing Development. In the event that, during the term of the Lease, the Resident by reason of physical or mental impairment is no longer able to maintain the premises in a livable condition, or to care for his&er physical needs, or cannot make arrangements for someone to aid him&er in maintaining the premises in a livable condition or in caring for Ns/her physical needs, Landlord may terminate this Lease. Landlord may terminate this Lease in accordance with Paragraph 23 provided a qualified third party has been consulted and concurs and states the degree to which this impairment affects a Resident's ability to maintain the p'emises in a livable condition. Landlord may require the Resident to move but shall make every reasonable effort to assist the Resident in finding other suitable accommodations. c. The Resident agrees that the Resident and members of the household must not engage in or permit: (1) any criminal activity, including drug-related criminal activity, whether in the unit or elsewhere on or near the property; or (2) any other unlawful activity, in the unit or on or near the property.. With respect to drug-related criminal activity, Resident acknowledges responsibility for the actions of himself&erse[~; all individuals listed on the Certification and Recertification of Resident Eligibility and guests while said individuals are within the confines of the Resident's apartment or near the property. e. The Resident acknowledges that drug-related criminal activity includes but is not limited to: (1) possession, usage, distribution, transportation, sale, manufacture or storage of illegal drugs and/or drug paraphernalia or; (2) conviction of violating any State or Federal laws relating to illegal drugs and/or drug paraphernalia. 14, RULES: The Resident agrees to obey the House Rules/Resident Handbook, which is Attachment No. 3 to this Agreement. The Resident agrees to obey additional roles 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 Residents; mud b. The Resident receives written notices of the proposed rules at least thirty (30) days before the rules are enforced. 15. REGU~LLY SCHED~JLED RECERTIFICATIONS: Every year around the --T.. 'lOth davof..I.~ l,-. ~ ~])~4,L&~--/ , th~ Landlord wilt request the Resident to report thel income and composition of the R~esident s household and to supply any other information required by HUD for the purposes of determining the Resident's rent and assistance payment, if any. The Resideni agrees to provide accurate statements of fids information and to do so by the date specified in the Landlord's request. The Landlord will verify, the information supplied by the Resident and use the verified information to recompute the amount of the Resident's rent and assistance payment, if any. If the Resident 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 Resident to pay the higher HUD-approved market rent for the unit. (2) Implement any increase in rent resulting from the recerrification process without providing the thirty (30) day notice otherwise required by Paragraph 4 of this Agreement. The Resident may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification process. If the Resident requests such a meeting, the Landlord agrees to meet w/th the Resident and discuss how the Resident's rent and assistance payment, if any, were computed. The Resident understands that the processing of this annual recerdfication and appropriate lease addendum are required by HUD and, these requirements do not waive nor abrogate the Landlord's fights pursuant to any pending, current, or future eviction action or process. 16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS: 10 If any of the following changes occur, the Resident agrees to advise the Landlord immediately (within ten (1 O) calendar days of the date of change). (1) Any household member moves out of the un/t. (2) An adult member of the household who wa.s reported as unemployed on the most recent certification/recertification obtains employment. (3) The household's income cumulatively increases by $40 or more a month. The Resident may report any decrease in income or any change in other factors considered in calculating the Resident'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 Resident's income will be partially or fully restored withkn two (2) 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 Resident for nonpayment of rent dm during the period of the reported decrease and the completion of the certification process. The Resident has thirty (30) days after receiving w-ritten notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. If the Resident does not advise the Landlord of these interim changes, the Landlord may increase the Resident'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 pro.ams. The Resident may request to meet with the [.andlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any, If the Resident requests such a meeting, the Landlord agrees to meet with the Resident and explain how the Resident's rent or assistance payment, if any, was computed. 17. REMOVAL OF SUBSIDY: The Resident 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 Resident and the Resident's rent will be recomputed. In addition, if the Resident's assistance is · terminated because of criteria (1) below, the Resident will be required to pay the HUD-approved market rent for the un/t. (1) The Resident does not provide the Landlord with the information or reports required by Paragraphs 15 or 16 within ten (10) calendar days al~er receipt of the Landlord's notice of intent to terminate the Resfdent's assistance payment. (2) The amount the Resident would be required to pay towards rent and utilities under HUD roles and regulations equals the Family Gross Rent shown on Attachment 1. 11 The Landlord agrees to give the Resident written notice of the proposed termination. The notice will advise the Resident that, during the ten (10) calendar days following the date of the notice, he/she may request to meet the Landlord to discuss the proposed termination of assistance. If the Resident requests a discussion of the proposed termination, the Landlord agrees to meet with the Resident. Termination of assistance shall not affect the Resident's other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Resident submits the income or other data required by HUD procedures, the Landlord determines the Resident is eligible for assistance, and assistance is available. 18. RESIDENT OBLIGATION TO REPAY: If the Resident submits false information on any application, certification or request for interim adjustment or does not report interim changes in family income or other factors as required by Paragraph 16 of th/s Lease Ageement, and as a result, is charged a rent less than the amount required by HUD's rent formulas, the Resident agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was daarged. The Resident 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 payment. 19. SIZE OF DWELLING: The Resident understands that HUD requires the Landlord to assign units according to the size of the household. If the Resident is or becomes eligible for a different size unit. and the required size unit becomes available, the Resident agrees to: a. Move within thirty (30) days after the Landlord notifies him/her that a unit of the required size is available withSn the project or; b. Remain in the same unit and pay the HUD-approved market rent. 20. ACCESS BY LANDLORD: The Landlord agrees to enter the unit only during reasonable hours, and to provide reasonable advance notice of his/her intent to enter the unit. except when or under emergency situations make such notices impossible or except as follows below: The Resident agrees to permit the Landlord, Ns/her agents or other persons, when authorized by the Landlord, to enter the unit for the purpose of making reasonable repairs, conducting periodic inspections, and providing extermination services. b. After the Resident has given a notice of intent to move, the Resident agrees to permit the Landlord to show the unit to prospective residents during reasonable hours. c. If the Resident moves before this Agreement ends, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy. 21. DISCRIMINATION PROHIBITED: The Landlord agrees not to discriminate based upon race, color, religion, creed, National origin, sex, age, familial shams, and disability,. 12 22. CHANGE IN RENTAL AGREEMENT: The Landlord may, with the prior approval of HUD, change the terms and conditions of tl'fis Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Resident of any change and must offer the Resident a new Agreement or an Amendment to the existing Agreement. The Resident must receive the notice at least' sixty (60) days before the proposed effective date of the change. The Resident may accept the changed terms and conditions by signing the new Agreement or the Amendment to the existing Agreement and returaing it to the Landlord. The Resident may reject the changed terms and conditions by giving the Landlord wr/rten notice that he/she intends to terminate the tenancy. The Resident must give such notice at least thirty (30) days before the proposed change will go into effect. If the Resident does not accept the amended Agreement, the Landlord ma.v require the Resident to move from the project, as provided in Paragraph 23. 23. TERMINATION OF TENANCY: To terminate this Agreement, the Reside~ must give the Landlord thirty (30) days written notice before moving from the unit. If the Resident vacates prior to the expiration of the thirty (30) day notice period, the Resident shall be liable for rent up to the end of the thirty (30) day notice period or to the date the un/t is re-rented, whichever date comes first. If the Resident does not give a thirty (30) day notice, the Resident shall be liable for rent up to the end of the th/rty (30) days for wh/ch proper notice was required or to the date the un/t is re-rented, whichever date comes first. b. Any termination of this Agreement by the Landlord must be cart/ed out in accordance with HUD regulations, State and local law, and the terms of this Agreement. c. The Landlord may terminate this Agreement for the following reasons: (1) t~he Resident's material noncompliance with the terms of this Agreement; (2) the Resident's material failure to carry, out obligations under any State Landlord and Tenant Act; or drag related criminal activity' engaged in on or near the premises, by any resident, household member, or guest, and any such activity engaged in on the premises by any other person under the Residents control; determination made by the Landlord that a household member is illegally using a drag; (5) determination made by the Landlord that a pattern of illegal use of a drag interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; (6) criminal activity by a resident, any member of the resident's household, a guest or another person under the resident's control: 13 (a) that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the imf0, ediate vicinity of the premises; (7) if the Resident is fleeing to avoid prosecution or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that in the case of the State of New Jersey, is a high misdemeanor; (8) if the Resident is violating a condition of probation or parole under Federal or State law; (9) determination made by-the Landlord that a household member's abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; (I0) if the Landlord determines that the Resident, any member of the Resident's household, a guest or another person under the Resident's control has engaged in the criminal activity, regardless of whether the Resident, any member of the Resident's household, a guest or another person under the Resident's control has been arrested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the Resident's refusal to accept change to this Agreement. Termination for "other good cause" may only be effective as of the end of any initial or successive term. The term material noncompliance with the lease includes; (l) one or more substantial violations of the lease; (2) repeated minor violations of the lease that: (a) disrupt the INability of the housing development, (b) adversely affect the health or safety of any person or the right of any Resident to the quiet enjoyment of the leased premises and related project facilities, (c) interfere with the management of the project, or (d) have an adverse financial effect on the project; (3) failure of the Residem to timely supply all required information on the income and composition, or eligibility factors, of the Resident"s household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), or to knowingly-provide incomplete or inaccurate information; and (4) non-payment of rent or any other financial obligation due under the lease 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 perm/ned under State law constitutes a minor violation. e. [f the Landlord proposes to terminate this Lease Agreement the Landlord agrees to give the Resident written notice of the proposed termination. If the Landlord is 14 terminating this agreement for "other good cause" the termination notice must be mailed to the Resident and served to the Resident in the mariner required by HUD at least thirty (30) days before the date the Resident 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 Lease Agreement shall be terminated; 2. state the grounds for termination with enough detail for the Resident to prepare a defense; 3. advise the Resident that he/she has ten (10) days within which to discuss the proposed termination of tenancy with the Landlord. The ten (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~ I'f the Resident requests the meeting, the Lardlord agrees to discuss the proposed termination with Resident; and 4. advis~ the Resident of his/her right to defend the action in court. Fi If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by Paragraph (e). 24. HAZARDS: The Resident shall not undertake, or permit Ns/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. If the unit is damaged by fire, wind, or water to the extent that the unit cannot be lived in and the damage is not caused or made xvorse by the Resident, the Resident will be responsible for rent only up to the date of the destruction. Should the unit be deemed uninhabitable this Lease Agreement terminates as of the date of destruction. 25. PENALTIES FOR SUBMITTING FALSE INFOI:L¥IATION: Knowingly giving the Landlord false information regarding income, or other factors considered in determining Resident's eligibility and rent is a material nomompliance with the Lease subject to termination of tenancy. In addition, the Resident could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisormaent for up to five (5) years. 26. CONTENTS OF THIS AGREEMENT: This Agreement and its Attachments make up the entire Agreement between the Resident and the Landlord regarding the unit. If any Court declares a particular provision of this Agreqment to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Resident will continue to be bound by them. Failure of Landlord to insist upon the strict performance of any provision of this Lease or roles and regulations herein contained shall not be construed as a waiver for the furore of any such provision, role or regulation. The receipt by Landlord of rent or the execution of HUD 50059 by the Resident with knowledge of the breach of any provision of this Lease and after a Proposed or Final Notice to Quit has been served, shall not be deemed a waiver of such breach. 15 No provision of this Lease shall be deemed to have been waived unless such waiver be in writing signed by Landlord. No payment by Resident or receipt by Landlord of a lesser amount thanthe monthly rent shall be deemed to be other than on account of the earliest rent then unpaid nor shall any endorsement or statement on any check or any letter accompanying any cheek or payment as rent deemed an accord and satisfaction and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other.remedy in this lease provided, and no waiver by Landlord in respect to one Resident shall constitute a waiver in favor of any other Residert in the Housing Development. 27. ATTACHMENTS TO THE AGREEMENT: The Resident 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. · Attachment No. 1: · Attachment No. 2: · Attachment No. 3: Form HUD-50059, Certification and Recertification of Resident Eligibility ~ Unit Inspection Report House Rules and Regulations/Resident Handbook 28. Resident's rights to organize: Landlord agrees to allow Resident and Resident organizers to conduct on the property the activities related to the establishment or operation of a Resident organization set out in accordance with HUD requirements. 29. Resident Income Verification: The resident must promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 30. The Lease Agreement will terminate automatically if the Section 8 Housing assistance contract terminates for any reason. 31. Signature: RESIDENT Date Signed Date Signed LANDLOR #IR-086 (2/03) Date Signed Date Signed 16 EXHIBIT P2 FROM : l~ ~T ~CHPRD ~PT$ FIqX NO. DEC-15-2003 88:39 : 7177389323 281~3 02: 50PM P2 P. 82 FROM : IRM AT ORCHARD APTS 0~ ~oo~ FAX DEC-15-200~ 00:J9 : 7177~0c~ Dec. 15 2003 02:50PM P3 · m m -o ~r DEC-15-2003 00:40 FAX NO. 7177309~2~ Dec. 15 2803 02:51PM © P4 71773~9323 EXHIBIT P3 PROPOSED NOTICE TO OUIT Selena Woodson 2209 A Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 September' I 1, 2003 YOU ARE HEREBY NOTIFIED that as of this date, your lease agreement is being considered for termination because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which tema, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non-c¢mpliance' includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (1) Non payment of rent for the month(s) of August, September, 2003, in the amount of Sixty Six and 00/100 Dollars, ($66.00) per month, plus late fees, violation of Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (2) Continued late payment of rent, in violation of Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (3) Failure to reimburse Landlord for Damages/Repairs within thirty days, in violation of Paragraphs 1 l and 23 of the Lease Agreement and Paragraph 4-t8 of HUD Transmittal 4350.3. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, roles and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the complex know as Orchard Apartments within thirty (30) days from the date of service of this Notice, but in nq event later than October 31, 2003. In the event Y0~ remain in possession of the leased unit beyond October 31, 2003, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiation a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for and eviction is instituted, you may, at that time present a defense. Department of Housing and Urban Development (HUD) Regulations provide that you ten (10) days within which to discuss the Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a letter. Served this 11 th day of September, 2003. ORCHARD APARTMENTS By: t-'"i~'~Manager ATTENCION: Si ud no entiende esta noticia por favor venga a la mi oficina y se 1o explicare. Page Two of Three AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Proposed Notice to Quit by placing the Proposed Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address,' 6n the 11 tn day of September, 2003. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ~- Keit~)ssistant Mai~ager The undersigned does hereby verify that he/she served the Proposed Notice to Q~it by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 11th day of September, 2003. By placing Proposed Notice to Quit under or through the tenant's door on the 11th day of September, 2003, and/or Posting the Proposed Notice to Quit on the tenant's door. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 §4904, relating to unswom falsification to authorities. .... Keith Tys~Ls. sistant Manager Pa. C.S.A. Page Three of Three EXHIBIT P4 FINAL NOTICE TO OUIT Selena Woodson 2209 A Cedar Run Drive Extended Camp Hill, Pennsylvania 17011 September 22, 2003 YOU ARE HEREBY NOTIHED that as of this date, your lease agreement is terminated because you have committed various substantial and minor violations of the lease agreement, applicable Housing and Urban Development (HUD) regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the roles and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term, as outlined in Paragraph 23 of the lease agreement, is defined in part as: "material non- compliance" includes, but it not limited to, non-payment of rent beyond the grace period available under state law; failure to reimburse the landlord within thirty (30) days for repairs made under Paragraph 11 of this agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damages to the unit or common areas; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the landlord false information regarding income or other factors considering in determining the tenant's rent". The substantial and repeated minor violations of your lease are as follows: (1) Non payment of rent for the month(s) off August, September,'2003, in the amount of Sixty Six and 00/100 Dollars ($66.00) per month, plus late fees, in violation of Paragraphs 3, 5 and of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (2) Continued late payment of rent, in violation of Paragraphs 3, 5 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. (3) Failure to reimburse Landlord for Damages/Repairs within thirty days, in violation of Paragraphs 11 and 23 of the Lease Agreement and Paragraph 4-18 of HUD Transmittal 4350.3. As a result of the above acts and actions, the landlord is of the opinion that you have breached the terms of the lease agreement, roles and regulations of Orchard Apartments, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page One of Three THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of the leased unit you now occupy at the above address, within the coml~lex know as Orchard Apartments within thirty (30).d. ays fi.om the date of service of this Notice, but in no event later than October 31, 2003. In the event you remain in possession of the leased unit beyond October 31, 2003, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal fi.om the leased unit only by initiation a judicial action as required b~ HUD Transmittal 4350.3, Paragraph 4-21. If you fail to heed this Notice, and remain in the leased unit beyond the date specified for termination herein, I shall be compelled to proceed against you as the law directs, To enforce termination of this lease agreement, and secure your removal from the leased unit, I shall be required to initiate a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for eviction is instituted, you may at that time present a defense. Served this 22na day of September 2003. ORCHARD APARTMENTS n/Assistant Manager, Orchard Apartments ATTENCION: Si ud no entiende esta noticia por favor venga a la mi oficina y se 1o explicare. Page Two of Three AFFIDAVIT OF SERVICE The. undersigned does hereby verify that he/she served the Final Notice to Quit by placing the Final Notice in the United States mail, postage prepaid, first-class, endorsed with a proper return address, on the 22na day of September, 2003. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. The undersigned does hereby verify that he/she se,~.5. the Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 22na day of September, 2003. By placing Final Notice to Quit under or through the tenant's door and/or posting the the Final Notice on the 22na day of September, 2003. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to t~.ke-penaki.es of 18 Pa. C.S.A. §4904, relating to unswom falsification to autt~orities. Keith W, Ty~i~,f?'sistant Manager, Orchard Apartments · Page Three of Three CERTIFICATE OF SERVICE I do hereby state that on the 23~a day of December 2003, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Pamela G. Smith, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 hristihe Al' Zari~g' l~eVg21 ds~istant ~ ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6236 : : CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY: Enter judgment by joint agreement in favor of Plaintiff and against the Defendant Selena Woodson for possession of the real property known and numbered as 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania with prejudice. Dated: Respectfully submitted, P.c. ' rd~~D~nningham, Esquire /' I.D. #23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Attorneys for Plaintiff / Pamela G. Smith, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant ORCHARD ASSOCIATES, tYd/b/a ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-6236 : CIVIL ACTION -LAW MOTION TO RETURN RENT ESCROW I.The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited parmership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 1. The Defendant, Selena Woodson, is an adult individual who resides at 2209 A Cedar Run Drive Extended, Camp Hill, Ctm~berland County, Pennsylvania. 2. After hearing at District Justice Clement's office, Plaintiffwas awarded Possession of the premises. 3. Plaintiff appealed the District Justice finding granting Plaintiff possession on December 1, 2003. 4. Plaintiff filed a Complaint on December 23, 2003. 5. On February 23, 2004, a Settlement Agreement was entered into by the parties granting judgment in favor of the Plaintiff and against the Defendants for possession of the apartment unit. 6. The Praecipe to enter judgment against the Defendant was filed with the Prothonotary on March 4, 2004. 7. Defendant to date has deposited a total of $330.00 with the Prothonotary. 3. WHEREFORE, Plaintiff, in accordance with ]?a. R.C.P.D.J. No. 1008B, respectfully prays that this Honorable Court direct the Prothonotary to distribute to the Plaintiff all the rent deposits made by Defendant and in the possession of the Prothonotary. Date: 5/12/04 Respectfully submitted, ~i .o;d~(55unningham, Esquire · #~31.44 2320 No~Xh Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 2 CERTIFICATE OF SERVICE ' the ~ ~;~qda I do hereby state that on ~ y of May 2004, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Pamela G. Smith, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ORCHARD ASSOCIATES, t/d/bla ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6236 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of May, 2004, upon consideration of Plaintiff's Motion To Return Rent Escrow, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 4ordan D. Cunningham, Esq. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 idpmey for Plaintiff enn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorneys for Defendant lwesley Oler,[/Jr.~ ~ ~ J. :rc ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 03-6236 CIVIL ACTION -LAW MOTION TO MAKE RULE ABSOLUTE 1. The Plaintiff, Omhard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Selena Woodson, is an adult individual who resides at 2209 A Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. 3. After hearing at District Justice Clement's office, Plaintiff was awarded Possession of the premises. 4. Plaintiff appealed the Disthct Justice finding granting Plaintiff possession on December 1, 2003. 5. Plaintiff filed a Complaint on December 23, 2003. 6. On February 23, 2004, a Settlement Agreement was entered into by the parties granting judgment in favor of the Plaintiff and against the Defendants for possession of the apartment unit. 6. The Praecipe to enter judgment against the Defendant was filed with the Prothonotary on March 4, 2004. 7. Defendant to date has deposited a total of $330.00 with the Prothonotary. 8. On or about May 13' 2004, Plaintiff fi]led a Motion to Return Rent Escrow with the Court. 9. On or about May 18, 2004, this Honorable Court issued a Rule to Show Cause why the Rent Escrow should not be returned. 10. Defendant's counsel was served with the Rule to Show Cause by this Court and by Plaintiffon or about May 25, 2004. 11. To date, there has been no response to the Rule to Show Cause. WHEREFORE, Plaintiff, in accordance with Pa. R.C.P.D.J. No. 1008B, respectfully prays that this Honorable Court direct the Prothonotary to distribute to the Plaintiff all the rent deposits made by Defendant and in the possession of the Prothonotary. Respectfully submitted,~ ~'~gd~. Cunningham, Esquire I.D. ~423144 2320 No~lh Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 2 CERTIFICATE OF SERVICE I do hereby state that on the ~_~L~ay of August 2004, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Pamela G. Smith, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 C~lsti~n~' A ~arin~, ~e al Assist~t · AUG 2 O 2004 ORCHARD ASSOCIATES, t/dPo/a ORCHARD APARTMENTS, Plaintiff SELENA WOODSON, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-6236 : : CIVIL ACTION -LAW ORDER AND NOW, this 2C(~ day of ~ ~, ~ ,, ~+ ,2004, upon review of the annexed Motion of Jordan D. Cunningham, Esquire, it is hereby ORDERED that the Prothonotary of Cumberland County, Pennsylvarda, pursuant to Pa.R.C.P.D.J. No. 1008, distribute to the Plaintiff any and all amounts being held in the Prothonotary's rent escrow account in the above docketed case, ~. ,~ ~4~£~ '~° i~, 'l ~0o ~r},~.. (-in ~c~e-' BY THE COURT: