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HomeMy WebLinkAbout07-7712 UVIVIMUNVVEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND COMMON PLEAS No. 07- -7-712 C&J__ 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 referenced below. ?uss??i FanLC 109-2-02 Jessica Brewbaker ADDRES3-OF AEP' ANT CITY STATE ZIP CODE 2 West Penn Street A t Ste 112 Carlisle PA 17013 DATE OF JUDGMENT IN THE CASE OF (P/ainti%) (Defendarty 12119/0 7 lHousing Authority Cumberland County v. Famus LT-0000381-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy FROM DISTRICT JUSTICE JUDGMENT was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cumberland County Housing Authority NOTICE OF APPEAL appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 771 ) within twenty (20) days after ice of rule or suffer entry of judgment of non pros. - '?), -Coi? Sign of appellant or attorney or agent RULE: To Cumberland County Housing Autltppellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: c,7frr , 20G"? JJ ure o Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of affiant Signature of official before whom affidavit was made cN? Q G C= a3 rZ Q Title of official 7 _: _ n M - v F My commission expires on 20 e rn -n cn v1 f Cumberland County Housing Authority, Magisterial District No. 09-2-02 Plaintiff : The Honorable Jessica Brewbaker VS. : MJ Docket No. CV-0000381-07 Russell Fanus, :CIVIL TERM DOCKET NO: { Defendant D7 ?? a CCU' Kindly allow RUSSELL FANUS to proceed in forma pauperis. I, Grace E. D'Alo, the 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 service to the party. Ur e`E. D'Alo ?-J ENN LEGAL SERVICES 01-E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 C7 c rl?3 c= Q p -71 r n CO Opinion: Housing Authority of Cumberland County v Russell Fanus The testimony at the hearing on December 18, 2007 established that Mr. Fanus has been having many problems, beginning in the summer of 2006. While Mr. Fanus has been a tenant of 2 West Penn since 1995, it has only been in the last year and a half that he has begun to have problems. However, since the summer of 2006, the evidence presented indicated that there have been at least 17 incidents of Mr. Fanus acting out and intimidating or annoying the staff and residents of his apartment complex. These incidents have ranged from music blaring very late at night, to Mr. Fanus yelling and cursing, to him walking around naked, or trying to get into other apartments. Some of the residents and staff have been frightened by these incidents, and are no longer comfortable being around Mr. Fanus. The Housing Authority sent Mr. Fanus an initial eviction letter in September of 2006, but agreed to hold off on the eviction if Mr. Fanus complied with a given set of conditions, not the least of which being that he discontinue the difficult behavior. Unfortunately, it appears that Mr. Fanus' problems have only increased in recent months. Mr. Fanus argues, through his counsel, that because the Housing Authority is the recipient of Section 8 funds, it must comply with the American Disabilities Act. While this Court agrees with that argument, the Act requires "Reasonable Accommodation" on the part of the Plaintiff. According to the website of the Federal Government, the test for "Reasonable Accomodation" has two parts: First, does the request impose an undue financial or administrative burden on the housing authority, and Second, would the accommodation require a "fundamental alteration" in the nature of the provider's operations? (See, www.hud.gov/offices/fheo/disabilities). While the Court believes that the Housing Authority had the obligation to provide some services for Mr. Fanus, it also believes that it has met its obligation of Reasonable Accommodation. The Housing Authority took steps to contact CPARC in order to obtain mental health/mental retardation services for Mr. Fanus. Additionally, it has held off for over a year in order to give Mr. Fanus an opportunity to come into compliance. The implementation of regular services within the complex, just for Mr. Fanus, would present an undue hardship (both financial and administrative) to the Housing Authority. Furthermore, the actions of Mr. Fanus are causing increasing disruption in the everyday living of the other residents, and this Court does not believe that the ADA requires the continuation of such a result. As a result, Judgment and Possession are entered for the Plaintiff. It is so Ordered. Q??- ?,(?, t Jessica E. Brewbaker (Seal) Date: 1 ?o'? Magisterial District Judge COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMEBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRIMAKER Address: 1 COURTHOUSE SID $ WING CARLISLE, PA NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rHOUSING AUTHORITY-CUMERLAND COUNTf 114 N HANOVER ST CARLISLE, PA 17013 L DEFENDANT: VS. Telephone (717) 240-6564 NAME and ADDRESS 17013 FFANUS, RUSSELL ATTORNEY DEF PRIVATE 2 WEST PENN ST APT/STE 112 CARLISLE, PA 17013 I 7 GRACE D'ALO L J 530 GREASON RD Docket No.: LT-0000381-07 CARLISLE, PA 17013 Date Filed: 11/30/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P -AINTIFF Judgment was entered for: (Name) HOUSING AUTHORITY-CU NBFJLLAeD Judgment was entered against ANUS, RUSSELL Landlord/Tenant action in the amount of $ 172.28 on 12/19/07 in a The amount of rent per month, as established by the Magisterial District Judge, is $ (Date of Ju00 ent) The total amount of the Security Deposit is $ .00 Total Amount Established by MDJOLLess • Security Deposit Applied Rent in Arrears $ . 00= Physical Damages Leasehold Property $ 00 - $ . 00= ages/Unjust Detention Dam $ eo - $ eo= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) ? Attachment Prohibited/ L/T Judgment Amount 42 Pa.C.S. § 8127 Judgment Costs Attorney Fees ? This case dismissed without prejudice. Total Judgment ?E Possession granted. ? Possession granted if money judgment ? Possession not granted. =$ $ Adjudicated Amount .00 .00 $ 00 00 $ 00 $ 00 $ 102-29 $ 7o oe $ 172.28 $ Post Judgment Credits Post Judgment Costs Certified Judgment Total ? 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 PROTHONOTARY/CLERK 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 APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. j is Date certl y t at t i's Is a true an r ct copy Date M)?,commission expires first Monday of Jan isterial District Iment. , Magisterial District Judge + . Cumberland County Housing Authority, Magisterial District No. 09-2-02 Plaintiff : The Honorable Jessica Brewbaker vs. : MJ Docket No. CV-0000381-07 Russell Fanus, : CIVIL TERM DOCKET NO: Defendant 67- ITA 0,1vit (e'm PRAECIPE WITH CERTIFICATION TO PROCEED IN FORMA PAUPERIS Kindly allow RUSSELL FANUS to proceed in forma pauperis. I, Grace E. D'Alo, the 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 service to the party. a e E. D'Alo M ENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 n' ? O C._ < c=, r7 _ C-) < ON W 'DM ?? c-n w HOUSING AUTHORITY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. NO. CIVIL TERMgg FANUS, RUSSELL ?7 7101 l? VI ( TP r#4 Defendant : CIVIL TERM AFFIDAVIT OF SERVICE I, Grace D'Alo, Esquire, hereby certify that on December 26, 2007, a true and correct copy of the foregoing NOTICE OF APPEAL was served by registered mail upon the following: Plaintiff Chris Houston, Attorney for Cumberland County Housing Authority 114 N. Hanover Street Carlisle, PA 17013 District Justice Jessica Brewbaker: Jessica Brewbaker 18 N. Hanover Street Suite 106 Carlisle, PA 17013 'E- ra e E. D' Alo ey for Plaintiff Atty. ID #26146 MidPenn Legal Services 401 E. Louther St. Carlisle, PA 17013 Phone: (717) 243-1968 -.. .? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 67- 77/,,? c4i 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 referenced below. Fa.nus I 09-2-02 Jessica Bre,wbakl#r 2 West Penn Street Apt/Ste 112 Carlisle PA 17013 12/19/07 Housing Authority Cumberlanro County v. Famus LT-0000381-07 LY when this notation is required under C_ was Claimant (see Pa. R.C.P.D.J. No. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cumberland County Mousing thority appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 4"- '7-21R 4CZJ ) within twenty (20) days after ice of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Cumberland County Housing Autlippellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a-complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of.'8ervice of this rule if service was by mail is the date of the mailing. Date: 20bT Signature Prothonotary or Deputy YOU MUST 1NCLUDE'A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 . P COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIIMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-2-02 JESSICA BREMABER Address: 1 COURTHOUSE SQ E WING CARLISLE, PA Telephone: (717 ) 240-6564 17013 ATTORNEY DEF PRIVATE : GRACE D'ALO 530 GREASON RD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FROUSING AUTHORITY-CUMBERLAND COUNT-Y 114 N HANOVER ST CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rFANUS, RUSSELL 2 WEST PENN ST APT/STE 112 CARLISLE, PA 17013 L J Docket No.: LT-0000381-07 Date Filed: 11/30/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) HOUSING AUTHORITY-CU, MBZRLAND Judgment was entered against FANUS, RUSSELL in a ® Landlord/Tenant action in the amount of $ 172.28 on 12/19/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ . 00 - $ .00 = $ .00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ _00-$ _ 00= $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ -00 UT Judgment Amount $ -00 ? Attachment Prohibited/ Judgment Costs $ 102.28 42 Pa.C.S. § 8127 Attorney Fees $ 70.00 ? This case dismissed without prejudice. Total Judgment $ 172.28 ® Possession granted. Post Judgment Credits $ Post Judgment Costs $ ? Pos i t d if d i Certified Judgment Total $ sess on gran e money ju gment s no sa Is ie by time o eviction. ? 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 PROTHONOTARY/CLERK 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 APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. j17 Date -,Magisterial District Judge certify that this is a true an r ct copy o the record o the proceedings containing the judgment. Date , Magisterial District Judge Myro.cn_nc commission expires first Monday of January, 2012 • SEAL en Opinion: Housing Authority of Cumberland County v. Russell Fanus The testimony at the hearing on December 18, 2007 established that Mr. Fanus has been having many problems, beginning in the summer of 2006. While Mr. Fanus has been a tenant of 2 West Penn since 1995, it has only been in the last year and a half that he has begun to have problems. However, since the summer of 2006, the evidence presented indicated that there have been at least 17 incidents of Mr. Fanus acting out and intimidating or annoying the staff and residents of his apartment complex. These incidents have ranged from music blaring very late at night, to Mr. Fanus yelling and cursing, to him walking around naked, or trying to get into other apartments. Some of the residents and staff have been frightened by these incidents, and are no longer comfortable being around Mr. Fanus. The Housing Authority sent Mr. Fanus an initial eviction letter in September of 2006, but agreed to hold off on the eviction if Mr. Fanus complied with a given set of conditions, not the least of which being that he discontinue the difficult behavior. Unfortunately, it appears that Mr. Fanus' problems have only increased in recent months. Mr. Fanus argues, through his counsel, that because the Housing Authority is the recipient of Section 8 funds, it must comply with the American Disabilities Act. While this Court agrees with that argument, the Act requires "Reasonable Accommodation" on the part of the Plaintiff. According to the website of the Federal Government, the test for "Reasonable Accomodation" has two parts: First, does the request impose an undue financial or administrative burden on the housing authority, and Second, would the accommodation require a "fundamental alteration" in the nature of the provider's operations? (See, www.hud.gov/offices/fbeo/disabilities). While the Court believes that the Housing Authority had the obligation to provide some services for Mr. Fanus, it also believes that it has met its obligation of Reasonable Accommodation. The Housing Authority took steps to contact CPARC in order to obtain mental health/mental retardation services for Mr. Fanus. Additionally, it has held off for over a year in order to give Mr. Fanus an opportunity to come into compliance. The implementation of regular services within the complex, just for Mr. Fanus, would present an undue hardship (both financial and administrative) to the Housing Authority. Furthermore, the actions of Mr. Fanus are causing increasing disruption in the everyday living of the other residents, and this Court does not believe that the ADA requires the continuation of such a result. As a result, Judgment and Possession are entered for the Plaintiff. It is so Ordered. (Seal) t Jessica E. Brewbaker Date: Magisterial District Judge M CUMBERLAND COUNTY IN THE COURT OF COMMON HOUSING AUTHORITY, PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v : NO. 07-7712 CIVIL TERM RUSSELL FANUS, Defendant 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 (20) days after the 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 claim in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A 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. LEGAL SERVICES, INC. 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717)243-9400 or CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717-249-3166 Christopher C. Houston, Esquire Attorney for Plaintiff 114 North Hanover Street Carlisle, PA 17013 717-249-0789 CUMBERLAND COUNTY IN THE COURT OF COMMON HOUSING AUTHORITY, PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v : NO. 07-7712 CIVIL TERM RUSSELL FANUS, Defendant COMPLAINT AND NOW, comes the Cumberland County Housing Authority, a/k/a Housing Authority of the County of Cumberland, by and through its attorney, Christopher C. Houston, Esquire, who avers as follows: 1 The Plaintiff is the Cumberland County Housing Authority, a/k/a Housing Authority of the County of Cumberland, a public body and body corporate and politic created and organized in accordance with the provisions of 35 P.S. 1541, et seq. (the "Housing Authorities Law"), of 114 North Hanover Street, Carlisle, Pennsylvania 17013. 2 The Defendant is Russell Fanus, an adult individual, of Two West Penn Street, Suite 112, Carlisle, Pennsylvania 17013. 3 The Plaintiff is the owner of Two West Penn Apartments, which is located at Two West Penn Street, Carlisle, Pennsylvania (hereinafter "Two West Penn Apartments"). t I 4 z , Two West Penn Apartments is a low-income housing development that was acquired, developed and assisted under the U.S. Housing Act of 1937, through the U.S. Department of Housing and Urban Development. 5 Two West Penn Apartments is restricted for occupancy by income eligible individuals who are 50 years of age and older, mobility impaired, or disabled. 6 An eligible disabled person for occupancy in Two West Penn Apartments is a person who: (a) has a disability as defined in Section 223 of the Social Security Act (42 USC 423), or (b) is determined to have a physical, mental, or emotional impairment that (1) is expected to be of long-continued and indefinite duration, (2) substantially impedes his/her ability to live independently, and (3) is of such a nature that such ability could be improved by more suitable housing conditions, or (c) has a development disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 USC 6001(5). 7 The Defendant is a tenant of Two West Apartments, having commenced occupancy on or about September 1, 1995. Attached hereto and marked as Exhibit "A" is a copy of the Defendant's current Lease Agreement. A , t a 8 Paragraph 16 of the Lease Agreement incorporates the Two West Penn Apartments Tenant Handbook and House Rules by reference thereto (the "Tenant Handbook") 9 The Defendant is in violation of Paragraph 61. of the Lease Agreement, which states as follows regarding the Tenant's obligations under the Lease Agreement: To conduct himself or herself, and cause other persons who are on the premises with Tenant's consent to conduct themselves in a manner which will not disturb Tenant's neighbors' peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition. 10 The Defendant is in violation of the following provision of the Tenant Handbook, which is found on Page 9 of the Tenant Handbook: Every tenant of this facility has the right to quiet and peaceful enjoyment of the building. Quiet shall prevail after 10:00 P.M. until 7:00 A.M. If a tenant or guest of a tenant repeatedly and substantially disturbs the peaceful enjoyment of the facility, is found in non-compliance with the Lease or in violation of the house rules, harasses or threatens assault of another tenant, whether on or off Two West Penn property; disrupts the livability of the building; adversely affects the health or safety of any person or the right of any tenant to the quiet enjoyment of their unit or the building in general; creates a hazardous, unsafe, unsanitary, or dangerous environment for other tenants; or otherwise interferes with the manager of this building, then that tenant (or tenant host of a guest creating the disturbance) should be deemed to be in material non-compliance with the lease and the tenancy of the tenant can be terminated. Attached hereto and marked as Exhibit "B" is a copy of Page 9 of the Tenant Handbook. X 6 11 11 a The Defendant has repeatedly and substantially disturbed the peaceful enjoyment of the facility by the Tenant's neighbors, disrupted the livability of the building, adversely affected the health or safety of other tenants to the quiet enjoyment of their unit, and otherwise interfered with the management of the building, as follows, all of which occurred on or about the premises at Two West Penn Apartments: A. On or about July 28, 2006, the Defendant did make inappropriate contact with a visiting nurse, thereby alarming her. B. On or about September 6, 2006, the Defendant did grab a person contracted to clean his apartment causing said person to be fearful. C. On or about March 14, 2007, the Defendant did use foul language in a loud tone against other tenants in the community room. D. On or about March 19, 2007, at approximately 10:20 PM the Defendant was yelling obscenities in his apartment annoying his neighbors. E. On or about March 21, 2007, the Defendant did yell, use foul language, and pound on his walls between 10 PM and midnight causing his next door neighbor to be fearful. F. On or about April 1, 2007 at approximately midnight, the Defendant did cause loud music to be played in his apartment, thereby annoying his neighbors. G. On or about April 18, 2007, between 9 and 10 PM, the Defendant used strong profanity with another resident in the hallway of the building causing the resident to be alarmed. H. On or about April 19, 2007 between 10 and 11 PM, the Defendant stood in front of the door to his apartment and yelled, thereby annoying his neighbors. I. On or about April 22, 2007 between midnight and 1 AM, the Defendant was playing music loudly in his apartment, which was annoying to his neighbor. J. On or about May 25, 2007 at approximately 5 PM, the Defendant was yelling and using profanity outside of Two West Penn Apartments and when asked by the Plaintiff's night superintendent to keep his voice down, the Defendant did use strong profanity in responding to the night superintendent. K. On or about June 9, 2007 at approximately 8:30 PM, the Defendant did push his way into the night superintendent's apartment causing the police to be summoned and the Defendant being cited for harassment, disorderly conduct and defiant trespass. L. On or about June 21, 2007 during the evening hours between approximately 8 and 10 PM, the Defendant did use profanity and was yelling, thereby annoying his neighbors and causing the police to be summoned. ? • j • M. On or about July 8, 2007 between 7 and 8 PM, the Defendant was yelling and using strong profanity both inside and outside of Two West Penn Apartments, thereby annoying the residents and causing the police to be summoned. N. On or about August 5, 2007 at approximately 2:15 AM, the Defendant was yelling in his apartment causing the night superintendent to contact him to ask him to stop; when requested to do so, he responded with profanity. 0. On or about September 3, 2007 at approximately 10:50 PM, the Defendant was yelling outside of Two West Apartments. P. On or about September 11, 2007 between 2 and 3 PM, the Defendant was yelling obscenities from within his apartment, which was loud enough for a resident to hear him outside. Q. On or about September 14, 2007 at approximately 8:20 PM, the Defendant was in the community room and was banging items around while other residents were in the room. The Defendant did threaten to kill himself causing the police to be summoned. R. On or about September 27, 2007, the Defendant was in the community room and did yell obscenities in front of another resident, causing her alarm. S. On or about October 13, 2007 between 11 and 11:30 PM, the Defendant was yelling obscenities and pounding on a neighbor's door, causing the resident alarm. T. On or about October 13, 2007 between 1 and 1:30 AM, the Defendant was standing the hallway at Two West Penn Apartments while naked, causing alarm to another resident. U. On or about December 6, 2007 at approximately 6 PM, the Defendant did threaten to punch another resident in the face, causing that resident to be alarmed. V. On or about December 14, 2007 at approximately 5 PM, the Defendant did approach the night superintendent calling her "sweety" and moving toward her in an offensive manner causing alarm to the night superintendent. W. On or about January 3, 2008 at approximately 7:15 PM, the Defendant knocked on the Plaintiff's night superintendent's door and when she answered and asked what he wanted, he said he "wanted' her, there alarming her. 12 On or about September 11, 2006, the Plaintiff commenced an eviction proceeding against the Defendant. 13 The Plaintiff employs a Supportive Services Coordinator for Two West Penn Apartments who became involved with assisting the Tenant after September 11, 2006, in an effort to enable him to continue to reside in the facility by seeking out appropriate support services to assist the Defendant in learning socially- appropriate behavior. 14 The Plaintiff's Supportive Services Coordinator developed a Case Management Service Plan which included having the Defendant learn socially-appropriate behavior, which plan the Defendant accepted. Attached hereto and marked as Exhibit "C" is the Case Management Service Plan. 15 The Plaintiffs Supportive Services Coordinator engaged the services of Cumberland/Perry Association for Retarded Citizens (CPARC) to assist the Defendant in fulfilling the Case Management Services Plan. 16 Attached hereto and marked as Exhibit "D" is a letter dated November 2, 2006, in which the Plaintiff stated it was reversing its decision to proceed with the Defendant's eviction with the understanding the Defendant would continue working with CPARC. 17 Despite the Plaintiffs efforts to engage case management services for the Defendant to enable the Defendant to modify his behavior, the Defendant continued to behave in such a manner, as more particularly set forth above in Paragraphs 11. B through I, that is in violation of the Lease Agreement. 18 On or about June 20, 2007, Plaintiff notified Defendant that eviction proceedings would commence as a result of the serious incident involving an intrusion into the Plaintiffs night superintendent's apartment, which occurred on or about June 11, 2007, as averred above in Paragraph 11. I. 19 On or about June 20, 2007 the Plaintiffs Special Needs Housing Coordinator was assigned to work with the Defendant to assist him in finding other housing and did meet with the Defendant's Supportive Service Coordinators from CPARC. 20 In an effort to again enable the Defendant to continue to reside in Two West Penn Apartments, the Plaintiffs Special Needs Housing Coordinator set forth in writing to the Defendant's Supportive Services Coordinators at CPARC the Plaintiffs conditions for Mr. Fanus to continue to reside in the premises. Attached hereto and marked as Exhibit "E" is a copy of a letter dated August 13, 2007, from the Plaintiffs Special Needs Housing Coordinator. 21 The Defendant was specifically advised that the eviction process would continue, if the Defendant's behavior continued or escalated. 22 Due to the continuation of the Defendant's behavior in violation of the Lease Agreement, as set forth above in Paragraph 11, Plaintiff on or about October 26, 2007, advised the Defendant that it intended to initiate an eviction proceeding, giving the Defendant ten (10) calendar days from the date of the letter to request an informal hearing, in accordance with the provisions of the Lease Agreement. 23 The Defendant did not request an informal hearing in a timely manner and on or about November 7, 2007, an eviction notice was posted on the Defendant's door requesting the Defendant to vacate the premises due to the violation of the Lease Agreement. 24 The Defendant has failed to vacate the premises and continues to violate Paragraph 61. of the Lease Agreement and the Other Good Cause for Termination of Tenancy provisions of the Tenant Handbook. 25 The Fair Housing Act (42 USC 3601, et seq.) prohibits a housing provider from discriminating against residents because of their disability. 26 The Act makes it unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. 27 Although the Plaintiff acknowledges that the Defendant is a disabled person, the specific nature of the Defendant's disability was never communicated to or provided to the Plaintiff. 28 At no point in time did the Defendant request the Plaintiff to make a reasonable accommodation in its rules, policies, practices or services to enable the Defendant to continue to reside in the Two West Penn Apartments. 29 Despite Plaintiff not having received any specific request from Defendant to make a reasonable accommodation, the Plaintiff unilaterally made an effort to enable the Defendant to continue to reside in the premises, by engaging in the following: A. Utilizing its Supportive Services Coordinator to engage the services of Cumberland/Perry Association for Retarded Citizens to assist the Defendant with case management services; B. Utilizing the services of its Special Needs Housing Coordinator in providing additional services and recommendations so as to enable the Defendant to continue to reside in the premises; and C. On two separate occasions, deferring any eviction to enable the Defendant to obtain the necessary case management services for him to learn socially-appropriate behavior. 30 Despite not having been requested to specifically provide a reasonable accommodation, the Plaintiff has in fact made reasonable accommodations to the Defendant. 31 Despite the Plaintiff's accommodations to the Defendant, the Defendant poses a direct threat to the residents of Two West Penn Apartments. 32 The Defendant has breached the Lease Agreement and the Plaintiff is entitled to terminate the Lease Agreement and obtain possession of the Defendant's unit in Two West Penn Apartments. 33 Paragraph 6.S. of the Lease Agreement provides that the tenant is "[t]o pay all necessary legal fees expended by Management for enforcement of the provisions of this lease agreement." WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant and to grant possession of the premises to Plaintiff, plus court costs and attorney's fees. Respe,c*lly submitted, Christopher C. 'Houston, Esquire Attorney for Plaintiff Housing Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 717-249-0789 File: F: Houston: Fan us Complaint I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Christopher Gulotta Executive Director RESIDENTIAL DWELLING LEASE ELDERLY PUBLIC HOUSING PLEASE TAKE NOTICE THAT THIS AGREEMENT IS TO BE READ IN DETAIL PRIOR TO SIGNING. THIS LEASE AGREEMENT ALSO PROVIDES FOR CERTAIN WAIVERS, WHICH ARE SPECIFIED HEREIN IN MORE DETAIL. IN SIGNING THIS LEASE AGREEMENT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND ANY AND ALL PROVISIONS HEREIN. !'. f, THIS AGREEMENT made this ? day of 20 j b Y and between THE HOUSING AUTHORITY OF THE. COUNTY OF MBERLAND (hereinafter referred to as "MANAGEMENT") and s ")`# f j ,)-_ __ (hereinafter referred to as "TENANT"): Management relying on the representations made to it by Tenant as to Tenant's household composition and the employment and income levels of Tenant and all members of Tenant's household; and in consideration of the rentals herein reserved; WITNESSETH: That Management does hereby lease to Tenant and Tenant does hereby hire from Management, upon Terms and Conditions set forth herein, for the sole use and occupancy of Tenant and members of Tenant's household named herein, the premises known and described a follows (hereinafter referred to as "PREMISES") D.U. No.: ?. C-- No. of Bedrooms: Project .;:= Address, \_}:5 City ?Dyr-J• F 7 (; MEMBERS OF TFNANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY: EXHIBIT "A" 11/20/2003 TERMS AND CONDITIONS 1. Term of Lease: Renewal Provisions. This Lease, and Tenant's right of occupancy hereunder, shall commence as of .e , . , 20 (,' and shall continue for one year, provided, however, that in the 46 ence of a notice to terminate pursuant to Section 12 herein, this Lease will automatically be renewed for the successive term of one (1) calendar month upon payment each month by the Tenant of the rental in the amount and manner specified in Section 2 herein or in such amount and manner specified in Section 2 herein or in such amount and manner as may be required by an adjustment that may henceforth be made by endorsement at the end of this Lease in accordance with the provisions of Section 3 herein. 2. Payments Due Under the Lease: A. Rent for the period beginning and ending at midnight 1 0 shall be $ f 0 k?: , payable not later than ?,< x Thereafter, monthly rent in that amount of $ ) ) \J r C? shall be due on or before the first day of each month. The payment of the full amount of the monthly rent and other charges when due is deemed to be a material term of this Lease for which repeated violations shall be considered good cause for Management to terminate or refuse to renew this Lease. A service charge of $25.00 would be charged for all rent not paid by the fifth working day of the month. Any election by Management to terminate or refuse to renew this Lease for serious or repeated failure of tenant to make full and timely payments, shall be in addition to any late charges imposed under the terms of this Lease. B. Utilities: Management agrees to furnish water, sewer, heat, electric and rubbish removal for Project No. PA26-PO75-009. No charge shall be imposed for providing this utility. Management agrees to furnish water, sewer, heat and rubbish removal for Project No. PA26-PO75-005. No charge shall be imposed for providing this utility with the exception that Tenant will be responsible for the expense of the electric service. Management will not be responsible for failure to furnish this utility by reason of any cause beyond its control. All utility services not expressly listed herein as to be furnished by Management shall be furnished, by and at the expense of the tenant. C. Management shall furnish Range and Refrigeration appliances and shall provide routine Maintenance Services, therefore. D. A schedule of Charges to Tenants for maintenance and repair beyond normal wear and tear shall be posted in the Management office. Charges shall be due and payable the first day of the second month following the month in which the charge is incurred. 09/05/2006 E. Security Deposit: Tenant agrees to pay to Management a Security Deposit not to exceed one month's rent or $50.00 whichever is more. The security deposit is to be used by Management at the Termination of the lease toward reimbursement of the cost of repairing any intentional or negligent dames to the dwelling unit caused by Tenant, his family, guest, or dependents, and any rent or other charges owed by Tenant. Payment of the security deposit is to be made upon occupancy. Management agrees to deposit such security deposit in an interest-bearing account, crediting such interest as may accrue to Tenant's security deposit. Management agrees to return the security deposit, with such accrued interest as may have been earned, to Tenant when he vacates, less any deductions for any of the cost indicated above. If such deductions are made, Management will give Tenant a written statement of any such costs for damages and/or other charges to be deducted from the security deposit. The security deposit may not be used to pay rent or other charges while Tenant occupies the dwelling unit. The Housing Authority will not return the security deposit if the tenant does not provide a 30 calendar day Notice of Intent to vacate, has leased the unit for less than a 12 month period, or has not provided the Housing Authority with a forwarding address. If the tenant transfers to another unit the Housing Authority will transfer the security deposit to the new unit. The tenant will be billed for any maintenance or other charges. F. Management shall comply with State Law requirements concerning use of security deposit funds, their placement in interest-bearing escrow bank accounts, accountability to Tenant for interest earned thereon, and all other obligations. 3. Determination of Rent, Dwelling, Size and Eligibility: A. Tenant agrees to report any and all changes in family composition or income to Management in writing within ten (10) calendar days of such change and to furnish accurate information to Management annually at a time to be set by Management as to family income, employment and family composition. This information shall be for the use of Management in determining whether the rental shall be changed, whether the dwelling size is still appropriate for Tenant's needs and whether Tenant is still eligible to occupy low-rent housing. Tenant hereby authorizes Management to verify all sources of income. Any predetermination made as a result of information thus furnished shall be made in accordance with the approved Occupancy and Admission Policy, copies of which are available in the Management Office. B. Rentals fixed in Section 2 hereof or as adjusted pursuant to this Section will remain in effect for the period between rent predetermination unless it shall be shown that the Tenant has misrepresented or failed to report to Management the facts upon which his rent is based, in which event Management reserves the right to redetermine the rent retroactively as of the date of such misrepresentation or failure to report facts, and to hold Tenant liable for any additional rent thus determined to be due. The Housing Authority of Cumberland County will not reduce the public housing rent for families whose welfare assistance is reduced specifically because of: 09/05/2006 Fraud; or Failure to participate in an economic self-sufficiency program; or Noncompliance with a work activities requirement However, the Housing Authority of Cumberland County will reduce the rent if the welfare assistance reduction is a result of: The expiration of a lifetime time limit on receiving benefits; or A situation where the family has complied with welfare program requirements but cannot or has not obtained employment, such as: The family has complied with welfare program requirements, but the durational time limit, such as a cap on the length of time a family can receive benefits causes the family to lose their welfare benefits C. In the event Tenant's rent is re-determined pursuant to this Section, Management shall mail or deliver a "Notice of Rent Adjustment" to Tenant in accordance with paragraph 10 hereof. In case of a rent decrease, the adjustment shall be effective the first day of the month following the change in circumstances, provided that the Tenant has timely reported such change. In the case of a rent increase, the adjustment will become effective the first day of the second month following the change, except that such rent increase may be retroactive where there is a finding of misrepresentation in accordance with subsection B herein. D. If the Tenant is ineligible for continued occupancy because of a change in income or family size, the Tenant shall not be evicted unless the Housing Authority 1) has identified for possible rental of the family, a unit of decent, safe, and sanitary housing at a suitable size available at a rent not exceeding 30% of adjusted income or 2) is required to do so by local law. E. If no unit of appropriate size exists, or becomes available in the Development, the Tenant may be required to vacate the premises within twelve (12) months after the family size no longer conforms to said occupancy limits. However, at the end of said 12 month period, if the Tenant is unable due to special circumstances, to find decent, safe and sanitary housing within the family's financial means and of the appropriate unit size after making every reasonable effort to do so, the Director of Operations or his/her designee, after investigation may permit the Tenant to continue in occupancy for the duration of such situation. If Tenant is permitted to continue in occupancy, the Tenant must recognize that the family has a continuing responsibility to work with Management to obtain appropriate housing on the private market within Tenant's financial means. 09/05/2006 4. Occupancy. Tenant shall have the exclusive right to use and occupancy of the leased premises. Guests or visitors of tenant may be accommodated for a period of no more than three (3) days in any one-month: not to succeed fourteen (14) days in a one- year period. In the event tenant wishes to accommodate guests or visitors for a period in excess of the limitations above, or to care for foster children, or to provide live-in care of a member of the tenant's family, tenant must notify Management in writing, stating the reasons for such extended accommodations and obtain Management's approval of such arrangements. Management's decision shall be final. 5. Obligations of Management. Management shall have the following obligations under this Lease Agreement: A. To maintain the premises and the project in decent, safe and sanitary conditions; B. To comply with requirement of applicable building codes, housing codes, and HUD regulations materially affecting health and safety; C. To make necessary repairs to the premises; D. To keep project buildings, facilities and common areas not otherwise assigned to the Tenant for maintenance and upkeep, in a clean and safe condition. E. To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, supplied or required to be supplied by Management; F. To accept rental money without regard to any other charges owed by Tenant to Management and to seek separate legal remedy by the collection of any other charges which may accrue to Management from Tenant. 6. Obligation of Tenant. Tenant shall have the following obligations under this Lease Agreement: A. Not to assign the lease or sub-lease the premises. B. Not to provide accommodations for boarders or lodgers. Boarders or lodgers shall be defined to be any persons who stay overnight in excess of three (3) days in any one-month or fourteen (14) days in any one year period. 09/05/2006 6 C. To use the premises solely as a private dwelling for Tenant and Tenant's household as identified in the Lease, and not to use or permit its use for any other purpose. D. To abide by necessary and reasonable regulations promulgated by the Management for the benefit and well-being of the Housing project and the Tenants, which Handbook shall be posted in the Management Office and which are incorporated by reference in this Lease; violation of the provisions and regulations of the Handbook constitutes a violation of this Lease. E. To comply with all obligations imposed upon Tenants by applicable provisions of building and housing codes materials affecting health and safety. F. To keep the premises and such other areas as may be assigned to Tenant for Tenant's exclusive use, in a clean and safe condition. Tenant is also required to keep stove and refrigerator clean and free from grease. G. The lessee is required to make arrangements to have the electric companies directly notify the Cumberland County Housing Authority in the event these utilities are shut-off because of the failure to pay monthly bills, tenant will be evicted immediately. H. To dispose of all ashes, garbage, rubbish, and other waste from the premises in a sanitary and safe manner. On-site dumpsters are for daily trash only. All large furniture, appliances, etc., must be hauled away at tenant's expense. I. To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appurtenances. To refrain from, and to cause Tenant's household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises or project; K. To pay reasonable charges (other than for wear and tear) for the repair of damages to the premises, project buildings, facilities or common areas caused by Tenant, Tenant's household or guests in accordance with a schedule of charges as posted in the Management Office. 09/05/2006 L. To conduct himself or herself, and cause other persons who are on the the premises with Tenant's consent to conduct themselves in a manner which will not disturb Tenant's neighbors' peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe and sanitary condition. M. (1) Management shall terminate the tenancy if Management determines that any member of the household has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally- assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment by other residents. (4) Any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including Management Staff residing on the premises) or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a Tenant is fleeing to 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 violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. 09/05/2006 (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a Household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. (10) It is agreed and understood that Management has adopted a "one strike, you're out" or "zero tolerance" policy with respect to violations of Lease terms, regarding criminal activity that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. In that regard, a single violation of any of the provisions of the Lease that related to criminal activity shall be deemed a serious violation and a material non- compliance with the Lease and good cause for termination of tenancy. N. To permit Management, pursuant to the provisions of Section 10, entrance to the premises for the purpose of performing periodic inspections, routine maintenance, for making improvements or repairs, or to show the premises for re-leasing, (see 10 (A) of this Agreement). 0. To promptly notify Management of known need for any repairs to the leased premises, particularly of conditions hazardous to life, health or safety of the occupants; and to notify Management of known unsafe conditions in, the common areas and grounds of the project which may lead to damage or injury. P. To give Management notice in writing when the premises are to be vacant for two weeks or more; such notice shall not render Management responsible for any personal property of any nature or 09/05/2006 description left in or on the leased premises during Tenant's absence. Q. To follow all rules and regulations prescribed by the Management, incorporated herein by this reference thereto, concerning the use and care of the premises and of any common or community space in the development. R. Not to make any repairs or alterations without the written concent of the Management; not to display any signs whatsoever; not to use tacks, nails, or screws or other fasteners in any part inside or outside the premises, or to affix, attach, or in any manner erect, construct or install poles, pipes, rods, or wires to any part inside or outside of the premises, including but not limited to the use of tacks, nails or other fasteners or cement for the laying of. carpet, rugs or linoleum on the floor of Tenant's dwelling unit, except in the manner prescribed by the Management. S. To pay all necessary legal fees expended by Management for enforcement of the provisions of this lease agreement. T. Not to display, use, or possess or allow members of Tenant's house- hold or guest to display, use or possess any firearms (operable or inoperable), or other offensive weapons as defined by the laws and courts of the Commonwealth of Pennsylvania anywhere in the unit or elsewhere on the property of the Authority. 7. Housing Rights Provided By the Violence Against Women Act A. Tenant will not be evicted solely on the basis of being or having been a victim of domestic violence, dating violence, sexual assault or stalking. B. An incident or incidents of actual or threatened domestic violence, dating violence, sexual assault or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence. C. Criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking engaged in by a member of tenant's household or any guest or other person under the tenant's control shall not be cause for termination of the tenancy or occupancy rights, if the tenant or an immediate member of the tenant's family is the victim of that domestic violence, dating violence, or stalking. However, in implementing the termination clause: 09/05/2006 10 1. The unlawful occupant or tenant who engages in criminal acts of violence to family members or others may be evicted without terminating assistance or evicting victimized lawful occupants. 2. Management is authorized to honor court orders regarding rights of access or control of the property. Nothing limits the ability of Management to evict for other good cause set forth elsewhere in this lease unrelated to the incident or incidents of domestic violence. 4. Nothing prohibits termination or eviction of a tenant if Management can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted. Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault or stalking. D. Tenant agrees to provide certification on a form to be provided, within 14 business days of request by Management, that the individual is a victim of domestic violence, dating violence, sexual assault or stalking, and that the incident or incidents in question are bona fide incidents of actual or threatened abuse. Failure to return the form within the prescribed time period would allow Management to evict for violation of this lease. The certification requirement may alternatively be satisfied by either: Providing Management with documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse, in which the professional attests under penalty of perjury (28 U.S.C. § 1746) to the professional's belief that the incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, dating violence or stalking has signed and attested to the documentation; or 2. Producing a Federal, State, tribal, territorial, or local police or court record. 09/05/2006 8. Defects Hazardous to Life, Health or Safety. In the event that the premises are damaged to the extent that conditions are created which are hazardous to life, health or safety of the occupants: A. Tenant shall immediately notify Management of the damage; B. Management shall be responsible for repair of the unit within a reasonable time; provided, that if the damage was caused by Tenant, Tenant's household or guests, the reasonable cost of the repairs shall be charged to Tenant; C. Management shall offer standard alternative accommodations if available, in circumstances where necessary repairs cannot be made within a reasonable time, except if repairs are required if the damage was caused by Tenant, Tenant's household or guests. 9. Pre-Occupancy and Pre-Termination Inspections A. Management and Tenant or Tenant's representative shall inspect the premises prior to commencement of occupancy by Tenant. Manage- ment shall furnish Tenant with a written statement of the condition of the premises, the dwelling unit and the equipment provided with the unit. The statement shall be signed by Management in the Tenant's folder. B. At the time Tenant vacated, Management shall inspect the unit and shall furnish Tenant with a statement of any charges to be made in accordance with sub-section 6 (K). Management shall notify Tenant of the inspection, and Tenant and/or Tenant's representative may join in such inspection unless Tenant's representative may join in such inspection unless Tenant vacates the premises without prior notice of Management. 10. Entry of Premises During Tenancy A. Management shall, upon reasonable advance notification to Tenant, be permitted to enter the dwelling unit during reasonable hours for the purpose of performing routine inspections and maintenance, (Including extermination services) for making improvements or repairs, or to show the premises for re-leasing. A written statement specifying the purpose of Management entry delivered at least two days before such entry shall be considered reasonable advance notification. 09/05/2006 12 B. Management may enter the premises at any time without advance notification where there is reasonable cause to believe that an emergency exists. C. In the event that the Tenant and all adult members of Tenant's household are absent from the premises at the time of entry, Manage- ment shall leave on the premises a written statement specifying the date, time and purpose of entry prior to leaving the premises. 11. Procedures of Giving Notice A. Except as provided in Section 9, notice to Tenant shall be in writing and delivered to Tenant or to an adult member of Tenant's household residing in the dwelling or sent by prepaid first-class mail, properly addressed to Tenant. B. Notice of Management shall be in writing, delivered to the Project Office or Management Central Office or sent by prepaid first-class mail, properly addressed. 12. Procedures for Termination of Lease A. Management shall not terminate or refuse to renew this Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the Lease or to fulfill the Tenant obligations set forth in Section 6 herein, or for other good cause. B. Management shall give written notice of the proposed termination of the Lease of. 1. Fourteen (14) days in the case of failure to pay rent. 2. A reasonable period of time considering the seriousness of the situation (but not to exceed thirty (30) days): A. If the health or safety of other residents, Management employees, or persons residing in an immediate vicinity of the premises is threatened; or B. If any member of the household is engaged in any drug- related criminal activity or violent criminal activity; or 09/05/2006 13 C. If any member of the household has been convicted of a felony; or 3. Thirty (30) days in any other case. C. (1) The Notice of Termination to Tenant shall state specific reasons for the termination, and shall inform Tenant of his or her right to make such reply as he or she may wish, and of Tenant's right to examine Authority documents directly relevant to the termination or eviction. (2) When the Authority is required to offer Tenant the opportunity for A grievance hearing, the notice shall also inform Tenant of the right to request such a hearing with the Director of Operations within ten (10) working days of receiving the original termination notice. Notwithstanding the foregoing, the Tenant shall have no right to request a hearing in cases involving cases of termination of tenancy for: A. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or employees of Management; B. Any violent or drug-related criminal activity on or off such premises; or C. Any criminal activity that resulted in a felony conviction of a household member. D. Upon expiration of the applicable notice period as set forth in the written notice provided to the Tenant, set forth in Paragraph B above, and if applicable, upon failure of Tenant to request a hearing with the Director of Operations, as set forth in Paragraph B above, then management shall give written notice specifying that if Tenant fails to vacate the premises within the applicable period, set forth herein, appropriate action will be brought against the Tenant, and the Tenant may be required to pay the costs of court and attorney's fees. The notice to vacate or quite shall provide that: 1. In case of failure of the Tenant to satisfy any rent reserved and due, the notice shall specify that Tenant shall remove within ten (10) days from the date of service of the notice; and 2. In case of breach of any of the conditions of the Lease, 09/05/2006 14 except for the payment of rent, the notice shall specify that Tenant shall remove within fifteen (15) days from the date of service thereof. E. If a Tenant is late in paying the rent three (3) times in a one-year period, the Housing Authority may not renew a Lease with Tenant. 13. Grievance Procedure All disputes concerning the obligations of the Tenant or management under this lease, except the proceedings pursuant to an action in ejectment, shall be processed and resolved pursuant to the grievance procedure of management in effect at the time such grievances or appeal arises, which procedures are to be posted in the management office and/or incorporated herein by reference. 14. Waiver By failure to exercise any available right or remedy as is provided herein, neither Management nor tenant shall waive the right to do so at a later date for similar or other causes. 15. Modifications Any modification of this lease shall be accomplished by a written rider to the lease executed by Management and Tenant, except for rent re-determinations, which are to be accomplished by the procedures in Section 3 herein and schedules of special charges for services, repairs and utilities and rules and regulation which are incorporated in the lease by reference, which are to be publicly posted in a conspicuous manner in the Project Office and shall be furnished to Tenant on request. In such schedules, rules and affected Tenant setting for the proposed modification, the reasons therefore and provide the Tenant an opportunity to present written comments which shall be considered by Management prior to the effective date of the proposed modifications. 16. The "Tenant Handbook and House Rules" of the Development are incorporated herein by reference, as if set forth in their entirety, and are a dwelling lease addendum provided to the Tenant prior to lease signing. 09/05/2006 15 IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the day and year first above written. Witness Witness file: srlease.doc THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND By Tenant 09/05/2006 16 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND MANAGEMENT REGULATIONS In accordance with Paragraph 6 of the Dwelling Lease, the following Management regulations shall apply: Management shall retain the responsibility for care and upkeep of lawns, snow removal and those maintenance items in areas that are considered public or common space. 2. Nothing whatsoever shall be thrown from the windows or swept or thrown out of the doors of any dwellings. Tenants shall not make any alterations or repairs to the premises or to the equipment therein, and shall not install any additional locks or fixtures without having obtained the prior consent of Management in writing. In addition, all electrical wiring shall be done or supervised by Management. 4. Tenants shall not permit their children or visiting children to play on community areas not provided for such purposes. 5. Sidewalks, stairways, shall not be obstructed, nor used for any purpose other than to exit from or enter dwellings. 6. Tenants shall report immediately to the Management Office and to the appropriate health authorities any case of infections or contagious diseases occurring in the premises. 7. Tenants shall not carry on any business or display signs of any type in or about the premises. Tenants shall not keep or use flammable materials in the premises or storage rooms. 9. Tenants shall not burn trash or start fires of any type on the premises. 10. Management in all cases shall retain the right to control and prevent access into the buildings and grounds of all persons whom it considers undesirable. 09/05/2006 t7 11. If at the termination of the Lease for any reason, Tenants vacate the premises leaving behind and abandoning any personal property including furniture, clothing or any other personal effects, Management will dispose of such property. The cost of such disposition shall be charged to the Tenant. This action shall apply only in those cases where prompt disposition of abandoned property is required in order to rent a vacated unit and is not to be utilized as a distraint for rent or other charges. 12. Management shall not be responsible for articles left with any of its employees. 13. Any automobile or other vehicle owned by or used by a tenant or member of his family shall be parked only in parking areas designated by Management. Abandoned cars or other motor vehicles shall be towed at the owner's expense following proper legal notification. All tenant's cars must have a parking sticker displayed on rear bumper, must have valid inspection and registration, and must be operable, otherwise vehicle will be subject to towing at the owner's expense following proper legal notification. Vehicles are to be pulled into parking spaces, not to be backed into spaces. 14. Tenant shall pay all necessary legal fees expended by Management for enforce- ment of the provisions of this Lease Agreement. 15. The TENANT is permitted to keep common household pets in his/her dwelling unit (subject to the provisions in 24 CFR Part 942 and the pet rules promulgated under 24 CFR Part 942). Any pet rules promulgated by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or termination of the TENANT'S (pet owner's) tenancy (or both), in accordance with the provisions of 24 CFR Part 243 and applicable regulations and State or local law. These regulations include 24 CFR Part 966 (Lease and Grievance Procedures) and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assistance payments programs. Note: Part 942 does not apply to animals that are used to assist the handicapped who reside in the project or who visit the project. (Optional): The LANDLORD may after reasonable notice to the TENANT and during reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the LANDLORD ha received a signed, written complaint alleging or the LANDLORD has reasonable grounds to believe that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. 09/05/2006 18 If there is no State or local authority or designated agent of such an authority authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the LANDLORD may enter the premises (if necessary), remove the pet, and take such action with respect to the pet as may be permissible under State and local law, which may include placing it in a facility that will provide care and shelter for a period not to exceed 30 days. The LANDLORD shall enter the premises and remove the pet or take such other permissible action only if the LANDLORD request the TENANT (pet owner) to remove the pet from the project immediately, and the TENANT (pet owner) refuses to do so, of if the LANDLORD is unable to contact the TENANT (pet owner) to make a removal request. The cost of the animal care facility shall be paid by the tenant. 16. No waterbeds will be permitted on second and third floors. 17. Annually, with at least seven (7) days written notice, the tenant's apartment will be inspected by the Manager/Maintenance. Tenants may choose whether or not to be present during the inspection. The purpose of the inspection is to determine if the tenant is keeping the unit in accordance with the terms of the lease and this agreement. This means tenant's apartment must be kept clean and free from: 1. Food residue and other organic waste build-up. 2. Exposed and spoiling food or other potential sources of insect and germ infestation. 3. Pet waste. 4. Organic trash and garbage 5. Fire hazards. 6. Dirt build-up or other organic or inorganic residue. 7. Insect or other vermin infestation. 8. Other human/organic waste or residue in the bathroom or other areas. Deficiencies in housekeeping in one or more of the above-listed areas can be considered grounds for non-compliance and failure of the inspection. If tenant is unable to perform regular cleaning duties in their apartment, then tenant is responsible for securing cleaning services so that they may continue to pass sanitary inspections. The procedures following the inspection are: 1. If the tenant's apartment is found deficient in any of the above-listed areas, the tenant will be notified in writing by the Manager (within ten business days from the date of inspection.) If tenant does not receive a notice within ten days, then tenant ha passed the inspection. 09/05/2006 19 2. The notice will identify conditions to be corrected in order for the apartment to be in compliance with the above safe and sanitary requirements. The tenant will have fourteen (14) days from the day the notice was received to correct the deficiency. If the tenant is unable to perform the necessary cleaning service now or on an ongoing basis, the Manager and staff are available to provide assistance in locating cleaning service providers. However, it is the responsibility of the tenant to secure those services at his/her expense within the 14 day corrective action period. 3. After the 14 day corrective action period a follow-up inspection will take place. If the apartment is still found to be unsafe and/or unsanitary the tenant shall receive notice that their lease is being terminated and they shall have thirty (30) days within which to vacate the apartment. 18. (1) Management shall terminate the tenancy if Management determines that any member of the household has been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (2) The Lease shall be terminated for any drug-related criminal activity engaged in, on or off the premises by any Tenant, member of Tenant's household or guest, and any such activity engaged in on the premises by any other person under the Tenant's control. (3) Management may evict a family when Management determines that a household member is illegally using a drug or when Management determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment by other residents. (4) Any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents . (including Management Staff residing on the premises) or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. (5) Management may terminate the Lease if a Tenant 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 violating a condition of probation or parole imposed under federal or state law. (6) Management may evict the Tenant by judicial action for criminal activity in accordance with this section if Management determines that the covered person has engaged in the criminal activity, regardless of whether the 09/05/2006 20 covered person has been arrested or convicted for such activity and without satisfying the standard or proof used for a criminal conviction. (7) For purposes of this section, covered person means a Tenant, any member of the Tenant's household, a guest or another person under the Tenant's control. (8) Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. (9) Tenancy may be terminated if Management determines that a household member has: a. Engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or b. Furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. (10) It is agreed and understood that Management has adopted a "one strike, you're out" or "zero tolerance" policy with respect to violations of Lease terms, regarding criminal activity that impacts upon the health, safety, right to peaceful enjoyment of the premises by other residents. In that regard, a single violation of any of the provisions of the Lease that related to criminal activity shall be deemed a serious violation and a material non- compliance with the Lease and good cause for termination of tenancy. 09/05/2006 21 LEASE ADDENDUM COMMUNITY SERVICE The Quality Housing and Work Responsibility Act of 1998 mandates Public Housing Authorities to require that adults living in public housing comply with community service requirements as follows: A. REQUIREMENT Each adult resident of the PHA shall: Contribute 8 hours per month of community service (not including political activities) within the community in which that adult resides; or Participate in an economic self-sufficiency program (defined below) for 8 hours per month. B. EXEMPTIONS The PHA shall provide an exemption from the community service requirement for any individual who: Is 62 years of age or older; is a blind or disabled individual, as defined under section 216[i][1] or 1614 of the Social Security Act, and who is unable to comply with this section, or is a primary caretaker of such individual; Is engaged in a work activity as defined in section 407[d] of the Social Security Act; Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or Is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act, or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program. 09/05/2006 22 The PHA will re-verify exemption status annually except in the case of an individual who is 62 years of age or older. The PHA will permit residents to change exemption status during the year if status changes. C. DEFINITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement, participating in an economic self-sufficiency program is defined, in addition to the exemption definitions described above, by one of the following: Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan; Participating in an educational or vocational training program designed to lead to employment, at least 30 hours per week; Improving the physical environment of the resident's development; Volunteer work in a local school, hospital, child care center, homeless shelter, or other community service organization; Working with youth organizations; Helping neighborhood groups on special projects; Raising young (pre-school) children at home where spouse is working; Participation in programs that develop and strengthen resident self- responsibility such as: Drug and alcohol abuse counseling and treatment Household budgeting Credit counseling English proficiency; or Other activities as approved by the PHA on a case-by-case basis. The PHA will give residents the greatest choice possible in identifying community service opportunities. The PHA will consider a broad range of self-sufficiency opportunities. 09/05/2006 i 23 D. ANNUAL DETERMINATIONS Requirement - For each public housing resident subject to the requirement of community service, the PHA shall, 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with the principles of due process and on a nondiscriminatory basis. E. NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied with the requirement, the PHA shall notify the resident of such noncompliance, and that: The determination of noncompliance is subject to the administrative grievance procedure under the Housing Authority's Grievance Procedures; and Unless the resident enters into an agreement to comply with the community service requirement, the resident's lease will not be renewed, and The Housing Authority may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the PHA enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the community service requirement, by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. Ineligibility for Occupancy for Noncompliance The PHA shall not renew or extend any lease, or provide any new lease, for a dwelling unit for any household that includes an adult member who was subject to the community service requirement and failed to comply with the requirement. F. PHA RESPONSIBILITY The PHA will ensure that all community service programs are accessible for persons with disabilities. The PHA will ensure that: The conditions under which the work is to be performed are not hazardous; The work is not labor that would be performed by the Housing Authority employees responsible for essential maintenance and property services; or 09/05/2006 24 The work is not otherwise unacceptable. G. PHA IMPLEMENTATION OF COMMUNITY SERVICE REQUIREMENT The PHA will administer its own community service program, with cooperative relationships with other entities. The PHA will provide to residents a brochure of community service and volunteer opportunities available throughout the community. This Lease Addendum is incorporated into the Lease executed or renewed this day between Owner and Tenant. Date: ! ) (A, Date: ) ----) . } ._.J ?" \' 4 OWNER e, ssk LG h,, n4?s TENANT 09/05/2006 solution to alleviate the matter. If this does not solve the tenant's concern, then he/she may, within five (5) business days after meeting with the Manager: 2. Contact the Manager's supervisor (during normal business hours), or have the Manager do so, for an informal hearing. A written statement or ruling will be provided to the tenant by the Supervisor. OTHER GOOD CAUSE FOR TERMINATION OF TENANCY: Every tenant of this facility has the right to quiet and peaceful enjoyment of the building.L:Quiet shall prevail after 10:00 P.M. until 7:00 A.M. If a tenant or guest of a tenant repeatedly and substantially disturbs the peaceful enjoyment of the facility, is found in non-compliance with the Lease or in violation of these House Rules, harasses or threatens assault of another tenant (whether on or off Two West Penn property); disrupts the livability of the building; adversely affects the health or safety of any person or the right of any tenant to the quiet enjoyment of their unit or the building in general; creates a hazardous, unsafe, unsanitary, or dangerous environment for other tenants; or otherwise interferes. with the management of this building, then that tenant (or tenant host of the guest creating the disturbance) shall be deemed to be in material non-compliance with the Lease and the tenancy of the tenant can be terminated-.3 Every tenant and their guest(s) are expected to observe and abide by the terms of the Lease and these House Rules. After an initial rule violation, the violator shall be given written notice from the Manager that such conduct in the future will be considered grounds for termination of tenancy. This procedure does not prohibit the landlord from acting more swiftly against a rule violator (i.e. acting without a warning) in confirmed incidents of a significant and material violation of the Lease or these House Rules. If while on this property or in this facility a visitor or guest of a resident commits or is convicted of any drug related criminal activity or any violent criminal activity, then the resident host's tenancy can be terminated depending on the host's knowledge or involvement. The Manager shall require a substantiated report, preferably in writing and with witnesses, in order to take action against the violator of these House Rules. Any decision made by management concerning any violation of the House Rules shall be based upon the consideration of evidence and witness reports. Other legal processes, management observations, or procedures contained in the Lease, this document, applicable law, or HUD regulations which indicate a tenant's non-compliance with these rules; or other tenant actions/inactions which jeopardize the health and safety of the tenants or the peaceful enjoyment of the facility, will be considered grounds for termination as prescribed. Disclaimer: If any section or portion of this House Rule document is found to be inconsistent with applicable law, only that particular section shall be voided and the remainder of this document shall remain effective as written. Page 9 RTWP/Handbook EXHIBIT "B" CASE MANAGEMENT SERVICE PLAN Name raS?l l G?-'(1L1 S Phone o?? Q 063 [f Building Apartment- cl- ase Management Needs: "?^n Y\ SOC 1A O Y?iU pi-oj ? ? 1.? .! r ate, - i . (/J.-, .C J-40Y /7 i e f .,/ 11)- /19 / / 14 /1 /7 A-?l / /44 Q . i Goal view: Da e: Initials: t ssLL ?cUs Resident Signature Su portive Services Coo in or EXHIBIT "C" s C orle WeSAC per-2n ONE WEST PENN STREET CARLISLE, PA 17013 (717) 249-7797 www.cchra.com November 2, 2006 Russell Fanus 2 West Penn Apt. #112 Carlisle, PA 17013 Dear Mr. Fanus, I am writing in reference to our meeting Monday, October 30, 2006. It is my decision to reverse your eviction from Two West Penn Apartments with the understanding that you continue working with Maria Maurer and Sue Kissinger from the CPARC organization. Please be advised that we do want you to understand the problems your actions have caused and we do not want them to occur again. Have your case-workers keep Catherine Mowery up to date on your services for housekeeping and your visiting nurse status. This should be done on at least a monthly basis. If you have any questions, please come to see me in my office at One West Penn Apts. F y, Wolf Senior Housing uector cc: Catherine Mowery Maria Maurer Sue Kissinger Cathy Graver Carlisle Senior Housing Associates Owner EXHIBIT "D" r J. W August 13, 2007 Maria Maurer Sue Kissinger CPARC 71 Ashland Ave Carlisle PA 17013 HOUSING AUTHORITT OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly • • Rental Housing for Persons with Special Needs • • Rental Assistance Programs • • First Time Homebuyer Programs • • Supportive Services/Empowerment Programs • RE: R. Fanus Dear Ms. Maurer & Ms. Kissinger: After our meeting on Friday, I spoke to Mr. Gulotta regarding our willingness to allow Russell to stay at 2 W. Penn. In order for him to remain on even a trial basis, the following must be accomplished as quickly as possible: 1. Complete physical with Dr. Heib at the Sadler Center and any recommended follow ups to determine if behavior may be caused by some physical issues. • Appointment with Dr. Heib should be completed by September 1, 2007. Any follow up with specialists - as soon as possible. 2. Psychological evaluation and results - by September 14, 2007. 3. Referral to Supported Apartment Program - immediately 4. Behavior that has caused his eviction from the apartment needs to be addressed with his therapist immediately. Please keep me informed as to the progress you are making with each of these items. I would also like to remind you that due to the nature of Russell's behavior and the elderly population of that building, we will reinstate the eviction again if his behavior continues or escalates. SERWNG VITMRF.RI.ANTI f!nrTATTV QTXTI-v 1A^15 EXHIBIT "E" 114 N. 45 Telephone/TDY (717) 249-1315 •(71, a@cchra.com • wwwcchraxom The Housing Authority has been more than fair in allowing him to stay while we try to resolve this, but for the safety and peaceful enjoyment of all our residents in that building, it is imperative that Russell maintain appropriate behavior, and the items above completed in a timely manner. I did speak with Mrs. Mowery and she will fax any incident reports to you as soon as she receives them. We would like to have all the information in our office no later than Friday September 28, 2007. At that time, we will make a decision regarding his future at 2 W Penn. Please feel free to contact me if you have any questions. Sincerely, t r Donna,Maurice Special Needs Housing Cc: C. Mowery, 2WP D. Bergan MH/MR C`s ?`' : ? . c,.:?. ?_.? ,,.,.? c? ?? ? ? ? ? `? - . .... ,? :, f _ 1, ?:,? ?' ?.??. t^? CUMBERLAND COUNTY HOUSING AUTHORITY, Plaintiff v RUSSELL FANUS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7712 CIVIL TERM PRAECIPE Please mark the above-captioned matter settled and discontinued. Christopher C. Houston, Esquire Attorney for Plaintiff Housing Authority of the County of Cumberland Date: May 7, 2008 e :, ro ix 3:w On OD ,