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Home My WebLink About04-0782CQMMONV~ALTH Of PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL D~STRICT 09-1-01 NOTICE OF APPEAL FKC~ DISTRICT JUSTICE JUDGMENT cOM.,...AS N. NOTICE OF APPEAL ~e ~s gi~ ~ ~ ~t ~s find iff t~ a~ Co~t of C~ ~s ~ ~1 ~ ~ in ~ ca~ ~ ~ Robert Craig and Carolyn Craig 09-1-O1 3 .pine Tree Drive, Ney Cumberland, PA 17070 2/12/04 Robert Craig and Carolyn Craig ~x Michelle Lohry LT 0000575-03 This block will be signed ONLY whe~ this notation is required under Po. R.C.P.J.P. Nd/ If appellant was CLAIMANT (see Pa. Fi'.C.P.J.P. No. 1008B. This Notice of Appeal, when mce~ved by the District Justice, will operate as a lO01(6)inactionbeforeOistrictJustice, heMUST SUPERSEDEAS to the judgment for possessio~ in this cas~ FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule up<m (Common Pleas N~ , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffm entry of judgment of non pros. Signa~re of a~pe~ant or h~s attomey or ~gent RULE: To , oppea~s). ~e ~ ~s) (1) Y~ am ~ti~ ~t a m~ ~ h~ ~ u~n ~u ~ file a c~;nt in ~k ~1 wi~in t~y (20) days af~ t~ da~ of ~v~e of ~is m~ u~ y~ ~ ~r~l s~vEe m ~ c~ifi~ ~ ~is~ ~iL (2) E ~ do ~t fi~ a c~int within ~is ti~, a JU~NT OF NON P~S ~LL BE ENTERED A~INST YOU. (3) ~ ~ of ~e of this m~ ~ sm~ ~s ~ ~il is ~ ~ of ~li~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE ~0 FiLE COI~'~PLAtN7 '~OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUN~ER~D Mag Dist No: 09-1-01 DJ Namer Hen CHART;ES A. CLEMENT, Address: 400 BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Te,.p~o..: (717) 774-5989 ROBERT/CAROLYN CRAIG 3 PINE TREE DR NEW CUMBERLAND, PA 17070 THIS IS [0 NOTIFY YOU THAT: Judgment: -- ~ Judgment was entered for: - SUITE 3 17070 c, fi NOTICE OF JUDGMENT/TRANSCRIPT _ AINTIF : RESIDENTIAL LEASE NAME and AODRE$S 'CRAIG, ROBERT/CAROLYN ~ 3 PINE TREE DR NEW cO~BERLAND, PA 17070 VS. DEFENDANT: NAME and A[~DREES FLOHRY, MICHELLE ~ 548 BRIDGE STREET NEW CUMBERLAND, PA 17070 Docket No.: LT- 0000575- 03 Date F ed: 11/05/03 FOR DEF~'DANT (Name) LOHRY, MICHELLE Judgment was:entered against CRAIG, ROBERT/CAROLYN E~ bandlord/Tenant action in the amount of $ o O0 on 2/12/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ .00 in a (Date of Judgment) .00. Rent in Arrears Physical Damages Leaseh~fd~Prope,,R~r%,$ .00 -- $ .00 = $ Damages/Unjust Detent on(,~.,, ~Z/~' $ ~ Amt Due Defendant'00-$ from Cross Complaint'O0 _ = $$ ~, $ Attachment Prohibited/ ("J::,---- $ 42 Pa,C.S. § 8127 ~1'¢- :::5., $ This case dismissed without prejudice. ~_ $ Total Amourlt Established by DJ. 0%ess~;Security Deposit A.Pl~d =:$ Adjudicated Amo.u~) $ - .00 Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment .00 .00 .00 .00 .00 .00 .00 Possession granted~ ~ Post Judgment Credits $ ,_i~l) Post Judgment Costs $ Certified Judgment Total $ ]Poss. ession granted if~oney judgment i~ not sat~st~ed by t~me et ewct~on, Possession not gra,,,~d, i i Defendants are jointly and severally liable. IN AN ACTION INVOLVING~R/SIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE-O_.[= ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PRO~TR~Y/CLERK OF COURTS ~'~'~"~U R'~ OF COMMON ~LEAb, Cl%m uIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERg'EDEAS, 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this iSDatea true and correct copy'of t~e record oft'he ~rocee~lTng~ontaini~g the. DistrictJUdgment'Justice My commission expires first Monday of January, 2008. SEAL AOPC 315A 03 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT This proof of service ,~;1UST BE FILED WITHIN TEN (10) DAYS AFTER filing the ~otice of appeal. Chc~: ap~abl~boxes) ~ ,,_.-- 'Ti COI~,~ONWEALTH OF PENi'~SYLVANtA ~ ~u receipt attached hereto and upon the appeJee fnamqi ~$_ch~__e~b~ o~_._.. -< o __ 2 ZSaJEE ......... ~ by persona~ service ~ by (certified) (registered) mai!, sender's receipt attached hereto. and further that I served the Ru~e to File a Complaint accompanying ~he above Notice of Appeal Jpon he appellee(s) to whom the Rule was addressed on ~ by persona~ sen~[ce E3 by (certified (registered) mail, senders receipt attached hereto .COMMONWEALTH OF PENNSYLVANIA ~='~,a L N~. N,~-.y ~ I Mem~r, ~nsHvenia A~s~at~ ~ N~a~ Postage (Endorsement Req~ire~) ~ ,57 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JU~CIAL DISTRICT 09-i ~ Oi FROM DISTRICT JUSTICE JUDGMENT OF APPEAL ~*.) ~3 PO0? NOTICE Notice s given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. 3 Pine Tree ~ivet ~ ~erl~nd~ PA 17070 .2/12/04 Rober~ Cra~.g and Carol~ Crai~ ~ ~;ichel]~ ~hry ~is block will ~ ~ ONLY ~ ~is ~fi~ is mqui~ u~ P~ R~JP. ~ I it a~ll~t ~S CLAIMANT/s~ ~ n~ pt D 1~8~ [ ...................... ~is ~tice of ~1. w~ mcei~ by t~ ~s~ Just~e, will ~a~ ~ a 1~I(~) in ~tJ~ ~f~e D~ict J~t~e, he MUST ~PERSEDEAS ~ f~ ]u~nt ~ ~ssessi~ in this cme FILE A COMPLAINT wJthi~ t~y (20) da~ filing his NOTICE of A~EAL S~a~ of ~o=ry ~ ~ry PR,AEClPE TO ENTER RULE. TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when al~ellant was DEFENDANT (see F~. R.C.P.J.P. No. 1001(7) ~n acgon before District Justice. IF NOT USED, detach from copy of notice of apical to be served upon appellee). PRAECIPE: To Prothonotary Enter role upon (Common Pleas , appellee(s), to file a complaint in this appeal ) within twenty {20) days after service of rule or suffer entry of judgment of non pros. RULE: To appe~s). (1) You am notified that a rule is hereby enteeed upon you to file a complaint in this appeal within twenty (20) days after the dote of sorvice of this rule upon you by pes'sonal service or by certified or reg/stemd 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 if se'vice was by mail is the date of mailing. AOPC 312-90 COURT FILE ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : : NO. 2004 - 782 CIVIL ACTION ._ .. ., NOTICETO DEFEND You have been sued in cou~t. 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 - 782 CIVIL ACTION AND NOW, this COMPLAINT ~,~ day of March, 2004, comes the Plaintiffs, ROBERT CRAIG and CAROLYN CRAIG, by and through their attorneys, Irwin & McKnight, and make the following Complaint against the Defendant, MICHELLE LOHRY, averring as follows: 1. Plaintiffs are Robert and Carolyn Craig, adult individuals principally residing at 3 Pine Tree Drive, New Cumberland, Pennsylvania 17070. 2. Plaintiffs are the owners of a certain property known and numbered as 548 Bridge Street, New Cumberland, Pennsylvania 17070 (the "Promises"). 3. Defendant is Michelle Lohry, an adult individual principally residing at the Premises along with individuals believed to be her children and ex-husband. 4. On or about October 1, 2001, Plaintiffs and Defendant entered into a written lease for the Premises for a one (1) year term. A tree and correct copy of the written lease dated October 1, 2001 is attached hereto and incorporated heroin as Exhibit "A." 5. On or about January 30, 2003, the parties entered into a Housing Assistance Payments Contract with the Housing Authority of The County of Cumberiand regarding the Premises. A tree and correct copy of the HAP Contract and its Addendum are attached hereto and incorporated herein as Exhibit "B." 6. Under the terms of Exhibit "B," the Housing Authority of The County of Cumberland agreed to pay $208.00 towards the monthly rental amount owed of $500.00. 7. On or about June 11, 2003, Plaintiffs received notification from the Housing Authority of The County of Cumberland that its rental assistance was being terminated effective July 31, 2003, due to violations by Defendant of the Rental Assistance Program. A tree and correct copy of the letter dated June 11, 2003 from the Housing Authority is attached hereto and incorporated herein as Exhibit "C." 8. The HAP Contract attached hereto as Exhibit "B" provides that "the lease terminates automatically" if the program assistance is terminated for failure to comply with HUD requirements. 9. The original lease attached hereto as Exhibit "A" provides that Defendant waived the right to any "Notice to Quit" and agreed to move from the Premises by the last day of the effective date of the lease without advance notice from Plaintiffs. 10. Defendant did not move from the Premises along with her belongings as provided for in the lease, but did agree to vacate by January 31, 2004. 11. Legal counsel for the Plaintiffs served Defendant with a notice confirming Plaintiffs' intent to terminate the lease, and confirming the agreement by Defendant and her ex- husband to vacate the Premises by January 31, 2004. A tree and correct copy of the notice dated January 13, 2004 is attached hereto and incorporated herein as Exhibit "D." Defendant refused to vacate the Premises on or before January 31, 2004, as had 12. been agreed. 13. The original lease attached hereto as Exhibit "A" further provides that Defendant is responsible for any damages to the Premises, beyond normal wear and tear. 14. Defendant has failed to maintain the property and has instead damaged the Premises beyond normal wear and tear. 15. These damages include but are not limited to: failure to maintain the pool located on the Premises, failure to maintain the fence and gate surrounding the pool in such a manner as to prevent third parties from obtaining access to the Premises and the pool, and failure to maintain the Premises in a habitable manner without risk of fire hazard or injury. 2 16. By virtue of Defendant's breach of her obligations under the various lease agreements and by virtue of Plaintiffs' termination of the lease, Plaintiffs are entitled to possession of the Premises. 17. Additional rent and other charges may accrue subsequent to the filing of this Complaint. WHEREFORE, the Plaintiffs, Robert Craig and Carol Craig, respectfully request that this Honorable Court enter judgment against Defendant and in favor of Plaintiffs for possession of the premises, plus any additional charges for rent, damage to the Premises, late charges and any other expenses which may become due and payable between the filing of this Complaint and thai thereon, together with all such other and further relief as this Honorable Court deems fair and just. Dated: March 29, 2004 Respectfully Submitted, By: IRWIN & McKNIGHT Douglas~. Miller, ]~s~t~ire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs VERIFICATION The foregoing Complaint on behalf of the Plaintiffs, Robert Craig and Carol Craig, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiffs' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiffs according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Douglas~. Miller, E~quire Date: March 29, 2004 EXHIBIT "A" Lease Agreement This Lease is between _..~... ~ (Landlord) --AND-- (Tenant) Intending to be legally bound, the Landlord and Tenant agree as follows: ~ "! ~' "~' '"~'"~" "! ............. 'f any p~ment is made more than seven (?) d~ys after the d.e date, a late charge of $20,00 shall be paid. 4. A security deposit of $ ..... ~.L...~ ....... shall be paid by Tenant and held by Landlord. Any funds held as security deposit (including interest that has not been paid to Tenant) may be used by Landlord for any of the following purpose~. (a.) To apply to any rent payment that is 15 days past due; (b.) To pay for any damages, beyond normal wear and tear, caused by Tenant to the premises; (e.) To apply to any lose to Landlord caused by Tenant's failure to perform what is required of Tenant in this Lease. 5. Tenant is responsible for routine maintenance, including lawn care, snow removal, cleaning, painting,, and minor repairs. Landlord is responsible for maintenance of the building, including the roof, the heating plant, the electrical system, and I)]umbing. 6. Tenant is responsible for all utilities, including gas, electricity, water & sewer, TV cable and trash & garbage removal. 7. If Tenant ~an~ insurance on any of Tenant's property kept at the premi~, Tenant must buy that insurance. 8. Tenan! will keep no pets at the property without Landlord's permission. 9. Landlord or an agent of the landlord shall have access to tl~e leased premises at any reasonable time to make necessary repairs or alterations, or to verify compliance with any provision of this Lease Agreement. I0. Tenant gives up the right provided by the Landlord and Tenant Act of 1951 for "Notice to Quit" in advance of being removed from the property. If Tenant is past due in rent, Tenant agrees to move from the property upon five (5l days notice from Landlord. If the lease is not renewed, Tenant agrees to move from the property by the last day this Lease is in effect with no advance notice from Landlord. When Tenant moves from the property, all of Tenant's belongings must be moved also. 11. When Tenant moves from the property, it will be left clean and will not need repairs. 12, Special provisions: Tenant Landlord .... Tenant NOTE: Any provisions set forth above that. are not to be part of this Lease Agreement must be crossed out by the parties and initialed by them at the time this Agreement is signed. , EXHIBIT "B" Housing Assistance Payments Contract (HAP Contract) Section 8 Tenant-Based AssistanC~ Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and indian Housing Part A ofthe HAP Contract: Contract Information (To prepare the contract, fill out alt contract information in Part A.) 1. Contents of Contract This HAP contract has three parts: Part A: Contract Information PartB: BodyofContract Part C: Tenancy Addendum 2 Tenant 3 Contract Unit Household The following persons may reside in the unit O[her persgns may not be added to the household without prior written approval of the owncr and the PHA Initial Lease Term The initial lease term begins on (mm/dd/yyyy): The initial lease term ends on (mm/dd/yyyy): Initial Rent to Owner The initial rent to owner is: $ "'~ During the initial lease term, the owner may not raise the rent to owner. 7. Initial Housing Assistance Payment The HAP contract term commences on the first day of the initial lease term. At thc beginnmg ofthe HAP contract term, the amount ofthe housing assistance payment by the PHA tothe owneris $ .:~ o,~. ~ permonth. The amount of the monthly housing assistance payment by the PHA to the owner is aubjec~ to change during the HAP contract term in accordance with HUD requirements~ form HUD-52641 (3/20001 Previous editions are obsolet6 Pag~ 1 of 10 ref Handbook 74208 8. Utilities and Appliances T~e owner shall provide or pay for the utSdes and appliances indicated below by an "0" The lenant shall provide or pay for the utilities and appliances indicated be~ow by a 'TL U~iess otherwise specified below, the owner shall pay tot all utilitie~ and appliances provided by the owner. Item r Specify fuel type Provided by Heatir, g [~-/'~ Natural gas ~ Bottle gas ~ Oil or F_lec[nc ~ Coal or Other Cooking ~] Natural gas ~ BottJe gas ~ Oil or E,~ Coal or Other Water Heating E71 Natural gas ~ Bottle gas Fq O:or Electric ~ Coal or Other Other F,lectric Water Sewer Trash Collection Air Conditioning Refrigerator Ra n~elMicro~,,ave Other (specify) Paid by Signatures: Public Housing Agency Cumberland County Housing Authority Carolyn E. Bair, RAP Supervisor 1/4/ Dale (mm/dd~'yyyy) -- Mail Payments to: Naf~e form HUD-$Z641 (3/2000) Previous editions are obsolete Page 2 of 10 ref Handbook 7420.8 Housing Assistance Payments Contract (HAP) Contract i Section 8 Tenant-Based Assistance Housing Choice Voucher Program U.S. Department ef Housing and Urban Development Office of Pubfic and India~ Housinc, g, Part B of HAP Contract: Body of Contract 1. Purpose a This is a HAP contract between the PHA and the owner. The HAP contract is entered to provide assistance for the family under the Section 8 voucher program (see HUD program regulations at 24 Code of Federal Regulations Part 982). b The HAP contract only applies to the household and contract unit specified in Part A cf the HAP contract. c During the HAP contract term, the PHA willpay housing assistance payments to the owner in accordsece with the HAP contract. d. The family will reside in the contract unit with assistance under thc Sec{ion 8 voucher program. The housing assis- tance payments by the PHA assist the tenant to lease the contract unit from the owner for occnpancy by the family. 2. Lease of Contour! Unit The owner has leased the contract unit to the tenant for occupancy by the family with assistance under the Sec- lion 8 vottcher program. b The PHA has approved leasing of the unit in accordance with requirements of the Section 8 voucher program. c The lease for the contract onit must include word-for- word alt provisions of the tenancy addendum reqnired by HUD (Part C of the HAP contract) d The owner certifies that: (1) The owner and the tenant have entercdinto alease of the contract unit that inclodes ali provisions of the tenancy addendum. i2) The lease is m a standard form that is used in the locality by ttm owner and that is generally used for other unassisted tenants in the premises. (3) The lease is consistent wi~h State and local law. e Thc owner is responsible for screening the family's behavior or suitability for tenancy. The PHA is not responsible for such screening. The PHA has no liability or responsibility to the owner or other persons for the thmily's behavior or the family's conduct in tenancy. 3. l~laintenanee, Utilities, and Other Services a The owner must maintain the contract unit and premises in accordance with the housing qoality standards (HQS). b. The owner must provide all utilities needed to comply with the HQS. c. If the owner does not maintain the contract unit in accordance with the HQS, or fails to provide all utilities flooded to comply w. ith the HQS, the PHA may exercise any available remedies. PHA remedies for such breach include recovery of overpayments, suspension of hous- lng assistance payments, abatement or other reduction of housing assistance payments, termination of housing assistance payments, and termination of the HAP con- tract. The PIIA may not exercise such remedies against the owner because of an HQS breach for which the i~mily is responsible, and that is not caused by the owner The PHA shall not ~nake any housing assistance pay- ments if the contracl unit does not meet the HQS, unless the ~,.vner corrects [l'~e defect :vithin thc period specified by the PHA and the PHA verifies ~he correction. defect is life threalening, the owner must correct the defect witbin no ~nore than 24 hours. For other defects, ~h¢ owner must correct the deft:ct within the period specified by ~he PHA e. The PHA may inspect the contract umt and premises at such times as the PHA determines necessary, to ensure that the unit is in accordance, with the HQS. f. The PHA must notify the owner of any HQS defacts shown by the inspection. g The owner mnst provide all honsing services as agreed to in the lease Term of HAP Contract a. Rel:ltion to lense term. ThetetmofthcHAPcontracl begins onthe first day oftheinitialterm of the lease, and terminates on thc last day of the term of the lease (including the initial lease term and any extensions) b When HAP contract terminates. (1) Thc HAP contract terminates atttomatically ii' the lease is termifiated by the owner or the tenant (2) The PHA may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements. If the PHA terminates program assistance for the family, the HAP contract terminates automatically. (3) If the family moves from the contract unit, the HAP contract terminates automatically. (4) The HAP contract terminates nutomatically 180 cal- endar days after the last housing assistance payment to the owner. (5) The PI-IA may terminale the HAP contract if the PHA determines, in accordance with HUD require- ments, that available program funding is not sofft- cient to snpport continued assistanc~ for families m the program. form HUD-52641 (3/2000) Previous editions are obsolete Page 3 of 10 ret Handbook 7420 8 (6) The PHA may terminate the HAP contract if' the PIJ, A determines that the contract unit does not provide adequate space in accordance with the HQS because of an increase in family size or a change in family composition.. (7) If the family breaks stp. the PHA may terminate the }lAP contract, or may continue housing assistance payments on behalf of family members who remain in the contract unit. (8) The PHA may terminate the HAP contract if the PHA determines that the unit does not meet all requirements of the HQS, or determines that the owner has otherwise breacbed the HAP contract. 5. Provision and Payment for Utilities and Appliances a. The lease must specify what utilities are to be provided or paid by the owner or the tenant. b. The lease must specify what appliances are to be pro- vided or paid by the owner or the tenant. c Part A of thc HAP contract specifies what utilities and appliances are to be provided or pa id by the owner or the tenant. The lease shall bo consistent with thc HAP 6. Rent to Owner: Reasonable Rent a. During the HAP contract term, the rent to owner may at no time exceed the reasonable rent for the contract umt as most'recently determined or redetermJned by the PHA in accordance with HUD requirements. b The PHA must detesmine whether the rent to owner is reasonable in comparison to rem for other comparable unassisted units. To make this determination, the PHA must cons/der: (1) The location, quality, stze, unit type, and age of the contract unit; and (2t Any amenities, housing services, maintenance and ntilities provided and paid by the owner. c. The PHA must rcdetermine the reasonable rent when required in accordance with HUD requirements. The PHA may redetermine the reasonable rent at any time. d. During the HAP contract term, the rent to owner may not exceed rent charged by the owner for comparable unas- sisted units in the premises. The owner must give the PHA any information requested by the PHA on rents charged by the owner for other onits in the premises or elsewhere. 7. PHA Payment to Owner a. When paid (1) During tile term of the HAP contract, the PHA most make monthly housing assistance payments to the owner on behalf of the family at the beginning of each month. (2) The PHA must pay housing assistance payments promptly when duc to the owner. (3) I fhousing assistance payments are notpaid promptly when due after the first two calendar months of the HAP contract term , the PHA shall pay the owner penalties in accordance with generally accepted prac- tices and law, as applicable in the local housing market, governing penalties for late payment by a tenant. ].lowever, the PHA shall not be obligated to pay any late payment penalty if HUD determines that late payment by the PHA is due to factors beyond the PHA's control. Moreover, the PHA shall not be obligated to pay any late payment penalty ~f housing assistance payments by the PHA are delayed or denied as a remedy for owner broach of the HAP contract (including any of the following PHA rem- edies: recovery of overpayments, suspension of hous- ing assistance payments, abatement or reduction of housing assistance payments, termination of housing assistance paymems and termination of the contract). (4) ttousing assistance payments shall only be paid to the owner while the family is residing in the contract unit during the term of the [FLAP contract. The PH'A shall not pay a housing assistance payment to the owner for any monlb after the month when the b. Owner compliance with HAP contract. Urdess the owner has complied with all provisions ol- the HAP c. Amonnt of PHA payment to owner ( l ) The amount of the monthly PHA housing assistance payment ~o the owner shall be determined by the PHA in accordance with HUD requirements for a (2) The amount of the PHA housing assistance paymenl is subject to change during the HAP contract term m notil'y the family anti the owner of any changes in thc (3) Tile housing assistance payment £or the first month of the HAP contract term shall be pro-rated for a partial month. d. Application of payment. The monthly housingassis- tance payment shall be credited against the monlhly rent e Limit of PHA responsibility. (1) The PHA is only responsible for making housing the ]-lAP contract and HUD requirements for a ten- (2) The PHA shall not pay any portion of the rent to The PHA shall not pay any other claim by the owner against the family. Overpayment to owner. If the PHA determines that the or any part of it, the PHA, in addition to other remedies, may deduct the amount of the o3erpayment from ~ny amounts due the owner (including amounts due under form HUD-52641 (3/2000) ref Handbook 7420.8 8, Owner Certification During the term of tins contract, the owner certifies tbatrI a The owner ~s maintaining the contract unit and premises in accordance with the HQS b The contract unit is leased to tile tenant. The lease includes the tenancy addendnm (Part C of the HAP contract), and is in accordance with the HAP contract and program requirements. The owner has provided lhe lease to the PHA, including any revisions of the lease. c The rent to owner does not exceed rents charged by the owner for rental of comparable unassisted units in the premises d Except for the rent to owner, the owner has not received and wilt not receive any payments or other consideration (from the family, the PHA, HUD, or any other public or private source) for rental of the contract unit during the HAP contract term. e. The family does not own or have any interest in the contract unit. f To the best of the owner's knowledge, the members of the family reside in the contract unit, and the unit is the family's only ~esidence. g. The owner {including a principal or other interested party) is not the parent, child, grandparent, grandchild. sister, or brother of any member of the family, unless the PHA has determined (and has noti fled the owner and,the family of such determination) that approving rental of the unit, notwithstanding such relationsbip, woold pro- vide reasonsble accommodation for a Family member who is a person w/th disabilities. 9. Prohibition of Discrimination. In accordance with appli- cable equal opportunity statutes, Executive Order:;, and regu- lations: a The oxvner must oot discriminate against any person because of~,~cc, color, religion, sex, national origin, age, familial stares, or disability in connection with the HAP contract The owner must cooperate with the PHA and HUD m conducting equal opportunity compliance reviews and complaint investigations in connection with the HAP contract. 10. Owner's Breach of HAP Contract a Any of the following actions by the owner (including a principal or other interested party) is a breach ofthe HAP contract by the owner: (I} [f the owner has vioIated any obligation under the HAP contract, including the owner's obligation to maintain the unit in accordance with the HQS. (2) If the owner has violated any obligation under any other housing assistance payments contract under Section 8. (3) If the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing assistance program. (4) Fur projects with murtgages insured by HUD or loans made by /1UD, if the owner has [ailed to comply wi~h the rt~gulations lk)r the applicable mort- gage ~nsurance or loan program, with the mortgage ot mortgage nnte, or with the regnlatory agreement; or if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan. (5) If the owner has engaged in any drug-related crimi- nal activity or any violent criminal activity. b If the PHA determines that a breach has occurred, the PHA may exercise any of its rights and remedies under the }tAP contract, ot any other available rights and remedies ,,'or such breach The PHA shall notify the owner of such determinatmn, including a brief statement of the reasons fbr the determination Thc notice by thc PHA to the owner may require the owner to take correc- tive action, as verified or determined by the PHA, hy a deadline prescribed in tbe notice. c The PHA's rights and rentedies for owner breach of the flAP contract include recnvery of overpayments, sus- pcnsmn of honsing assistance payments, abatement or other reduction of housing assistance payments, termi- nation ofbousing assistance payments, arid termination of the }lAP contract. d.' The PHA may seek and obtain additional relief by judi- cial order or action, including specific performance, other injunctive relief or order for damages. e Even if thc family continues 1o live in the contract unit, the PHA may exercise any rights and remedies for owner breacb of the HAP contract. £. The PHA's exercise or non-exercise of any right or remedy fro' owner [>reach of thc HAP contract ~s not a waiver of the right to exercise that br any oH~er right or remedy itt any time. 1 1. PHA and HUD Access to l'remises and Owner's Records a The owner must provide any in lactation perlinent to the HAP contract that the PHA ot IIUD may reasonably require. b. The PHA, HUD and the Comptroller General of the United States shall have full and free access to the contract unit and the premises, and lo ali accounts and other records of the owner that are relevant tn lhe HAP contract, including the right to examine or nadir the records and to ntake copies. c. The owner must grant such access to computerized or other electronic records, and to any computers, equip- meat or facilities containing such records, and must provide any infurmation or assistance needed to access the records. 12. Exclusion of Third Party Rights a The family ~s not a party to or third parly beneficiary of Part B of the HAP contract. -fhe family may not enforce any provision of Part B, and may oot exercise any right or remedy against tbe owner or PHA under Part B ~orm HUD-S2541 (312000) · Previous editions are obsolete Pa~e 5 o~ 10 ref Handbook 74208 b The tenant tlr the PHA ma) enforce thz tenancy adden- dum (Part C of the HAP contract) against the owner, and may exercise any right or remedy against the owner under the tenancy addendum c. The PHA does not assume any responsibility for injury to, or any liability to, any person injured as a result of the owner's action or failule to act in connecfion with man- agement of the contract unit or the premises or with implementation of the HAP contract, or as a result of any other action ar failure to act by the owner. d The owner is not the agent of the PHA, and the HAP contract does not create or affect any relationship be- tween the PHA and any lender to the owner or any suppliers, employees, contractors or subcontractors used by the owner in connection with management of the contract unit or thc premises or with implementation of the HAP contract. 13. Conflict of Interest a. "Covered individual" means a person or entity who is a member of any of the following classes: (I) Any present ur former member or officer of the PHA (except a PHA commissioner who is a participant in the program); (2) Any employee of the PHA, or any contractor, snb- contractor or agent of the PHA, who formulates policy or who influences decisions with respect to the program; (3) Any puhlic official, member ufa governing body, or State or local legislator, who exercises functions ot responsibilities with respect to the program; or (4) Any member of thc Congress of the United States. b. A covered individual may not have any direct or indirect interest in the HAP contract or in any benefits or pay- mcms ur, der thc contract (including the interest of imlnediate hmily member of such covered individual) while such person is a covered individual or during one year thereafter. c "Immediate family member" means the spouse, parent (including a stepparent), child (including a stepchild), grandparem, grandchild, sister or brother (including a stepsister or stepbrother) of any covered individual. d. The owner certifies and is responsible for assuring that no person or entity has or will have a prohibited interest, at execution of the HAP contract, or at any time during the HAP contract term. e. Ifaprohibited interest occurs, the owner shall promptly and fully disclose such interest to the PHA and HUD. f. The conflict of interest prohibition under this section may be waived by the HUD field office for good cause. g No member of or delegate to the Congress of the United States or resident commissioner shall be admitted to any share or part of the HAP contract or to any bane fits which may arise from it. 14. Assignment of ibc HAP Contract a The owner Im~y not assign the }lAP contract to a new owner without the prior written consenl of the PHA b If the owner requests PHA consent to assign the HAP contract to a new owner, the owner shall supply any information as reqnired by the PHA pertinem to the proposed assignment. c The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code cf Federal Regulations Part 24). d. The }tAP contract may not be assigned to a new owner if HUD has prohibited such assigmnent because: {l) The Federal govm'nment has instituted an adminis- trative or 3udiciat action against the owner or pro- posed new owner for violation of the Fair Housing Act or olher Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Pair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other inlerested party) is the parent, child, grandparent, grandchild, sister or b~other of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwith- standing such relationship, would provide reasonable accommodation for a family member who is a person x,. ith disabilities. r . The PHA may deny approwd to assign thc HAP contract if the owner or proposed new owner (including a princ~- pal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud,.bribery or any other corrupt or criminal act in connection with any Federal housing p~og[am; (3) Has engaged in any drug*related criminal activity or any violent criminal activity; (4) Has a hlstoly or practice of non-compliance with the HQS for units leased under the Section 8 tenant- based programs, or non-compliance with applicable housing standards for units leased with project- based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of ['ailing to terminate tenancy of tenants assisted under any Federally as- sisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peace ful enjoyment of the premises by other residents; form HUD-52641 (312000) Previous editions are obsolete Page 6 of 10 ref Handbook 74208 (b) Threatens the health orsafoty o£other residents, of employees of Hie PHA, or of owner employ- ecs or other persons engaged in management of the housing; (c) Threatens the health orsafety of, or the right to peaceful enjoyment of their residents by, per- sons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent crimi- nal activity; (6) Has a history or practice of renting units that faiI to meet State or local housing codes; or (?) Has not paid State or local real estate taxes, fines or The new owner must agree to he bound by and comply with the HAP contract. The agreement must be tn writing, and [na l~wm acceptable to the PHA. The new owner must give the PHA a copy o~'the executed agree- 15, Written Notices. Any notice by the PHA or the owner in connection with this contract must be in writing. 16. Entire Agreement: Interpretation a The HAP contract contains the entire agreement between the owner and the PHA. b. The HAP contract shall be interpreted and implemented in accordance with HUD requirements, including the HUD program regulations at 24 Code of Federal Regu- lations Part 982. form HUD-52641 (3/2000) Previous editions are obsolete Page 7 of 10 ref Handbook 7420.8 Housing Assistance Payments Contract (HAP Contract) Section 8 Tenant-Based Assistance Housing Choice Voucher Program U.S. Department of Housing and Urban Development O[fice of Public and Indian Housing PartCofHAPContract: Tenancy Addendum 1. Section 8 Voucher Program a The o'..vner is leasing the contract unit to the tenant for occupancy by the tenant's family with assistance for a tenancy under the Section 8 housing choice voucher pro- gram (voucher program) of the United States Department of Honsing and Urban Development (HUD). b. The owner has entered into a Housing Assistance Payments Contract (HAP contract) with the PHA under the voucher program Under the HAP contract, the PHA will make housing assistance payments to the owner to assist thc tenant in leasing the unit from the owner. 2. Lease a The owl?- has given the PHA a copy of the lease, including any rcv~smns agreed by the owner and the tenant The owner certifies tha~ the terms of the lease are in accordance with all provisions of the HAP contract and that the lease includes the tenancy addendum. b The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other pro'visions of the lease, the language of the tenancy addendum shall conoo] 3. Use of Contract Unit a. During the lease term. the family wllI re:nde in the contract unit w/th assistance under the voucher program. b The composition of the honsehold must be approved by the PHA The family nlust promptly inform the PHA of the birth, adoption or court-awarded custody cfa child. Other persons may not be added to the household without prior writteu approval of the owner and the PHA. c. The contract umt may only be used for residence by the PHA-approved household members 7he unit must be the famdy's only residence. Members of the household may engage in legal profitmaking activities incidental to pri- mary. use of the unil ['or residence by members of the family, d, The tenant may not sublease or let the unit. e. The tenant may not assign the lease or transfer the unit. 4. Rent tuOwner a. The initial rent to owner may not exceed the amount 'approved by the PHA in accordance with HUD require- b. Changes in the rent to owner shall be determined by provisions of the lease. However, the owner may not ratse the rent doring the initial term of the lease c During the term ofthe lease (including the initiaherm o frhe lease and any extension ten-n), Ibc rent to owner may at no time exceed: (:1) The reasonable rent for the unit as most recently determined or r~determined by the PHA in accordance with HUD requirements, or (2) Rent charged by the owner tim comparable unasslsted units in the premises. $. Family Payment to Owner a. The family is responsible t-or paying the owner any por~.ton of'the rent m owner that is not covered by the PHA housing assistance payment. b. Each month, the PHA will make a housirlg assistance payment to [he owner on behalfo£the tamily in accordance with the HAP contract. The amount of the monthly housing assistance payment will be determined by the PHA in accordance with HUD requirements for a tenancy under the Section 8 voucher program. c. Thc monthly housing assistance payment sha]I be credited against the momhly rem to owner for d~e contract unit. d. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA hilure to pay the honsing assistance payment to the owner is not a violation of the lease. The owner may not ter?inate the tenancy for nonpayment of the PHA housing assistance payment. e The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to lhe rent ~o owner Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease. £ The owner must mnnediately return any excess rent pay- meet to thc tenant. b. Other Fees and Charges Rent to owner does not include cnst of any meals or supportive services or furniture which may be provided by tile owner. b. The owner may not require the tenant or £amily members to pay charges for any meals or supportive sec'ices or furni- ture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of tenancy. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or provided at no additional cost to unsubsidized tenants in the premises. 7. Maintenauce, Utilities, and Other Services a. Maintenance (1) The owner must maintain the unit and premisea tn accordance with the HQS. (2) Mainteearme and replacement (including redecora- tion) must be in accordance wilh the standard practice for the building concerned as established by the owner. Previous editions are. obsote/e Page 8 of 10 form HUD-52641 (3/2000) ref Handbook 7420.8 Uti!ities and appliances ( 1 ) The owner must provide alt utilities needed to comply with the HQS. (2) Fhe owner ts not responsible for a breach of'the HQS caused by the tenant's failure to: (a) Pay ,*ar any utilities that are ~o be paid by the tenant. (b) Provide and maimain any appliances that are to be provided by the tenant. -:. Family damage. The owner is not responsible for a breach of the HQS because of damages beyond natural wear and tear caused by any mernber of lhe household or by a guest. d. }lousing services. The owner must provide all housing services as agreed to in the lease· Termination of Tenancy by Owner a. Requiremenls Theownermayonlyterminatethetenancy in accordance with the lease and HUI5 requirements. b Grounds. During tile term ortho lease (the initial term of the lease or any extension term), the owner may only terminate the tenancy because ( 1 ) Serious or repeated violat/on of the lease; (2) Violation of Federal, Stale, or local law that itnposes obligations on the tenant in connection with the c, ccu- paacy or use of the trait and the premises; (3) Criminal activity or alcohol abuse (as provided in paragraph c); or (4) Other good cause (as provided in paragraph d). c. Criminal activity or alcohol abuse. (1) The owner ma3.' terminate the tenancy during the term of the tease if any member of the household, a guest · another person under a resident's control cormnits any of thc [bllowing types of criminal activity.: (a) Any criminal activity that threatens the heahh or safety of, o~ the right to peaceful enioyment of the premises by, other residents (including propelW management staffresiding on the prcmisesL (b) Any crhninal activity that threatens tl~e health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the imme- diate vicinity of the premises; (c) Any violent criminal activity on or near the pre- mises; or (d) Any drug-related criminal activity on or near the premises· (2) The owner may terminate the ttmancy during the term of the lease if any member of the household is: (a) Fleeing to avoid prosecution, or custody or con- finement 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; or (b) Violating a condition ofprobadon or parole under Federal or State law. (3) Yhc owner ma3 tcnnmatc the tenancy for criminal activity by a hnusehold member iu accordance with this section if the owner determines that the household ri:ember has committed the criminal activity, regard- less of whether the household member has been ar- rested or convicted for such activity (4) The owner may terminate the tenancy during the tem~ of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or rigbtto peaceful enjoyment of the premises by other residents. d. Other good cause for lerminadon ortenancy (1) During the initial lease term, other good cause For termination of tenancy must be something the family did or hiled lo do (2) During the initial lease term or during any extension term, olher good cause includes: (a) Disturbance of neighbors, (b) Destrnction of property, or (el [ivmg or hmtsekeeping habits that cause damage to the end or premises (3) After the initial lease tenn. such good cause includes: (al The tenant's Pailure to accept the owner's offer of a new lease or revision; (b) The owner's desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or (c) A business or economic reason for tenninanon of the tenancy (such as sale of the properD., renova- tion of the unit, the owner's desire to rea! the unit tbr a higher rent) e E:*,ietlon by eourl action. The owner may only evict thc tenant hy a court action f Ov.'uer notice of grounds ( 1 ) At o~ before the beginning ora court action to evmt the tenant, the owner ~nust give die tenant a notice that specifics the grounds for termination of tenancy The . no.ce may be included in or combined with any o,,,~ner evtction no.ce. (2) The owner must give the PHA a copy of any o..v,~er eviction notice at the same time the owner notifies the tenant (3) Eviction notice means a notice to vacate, or a complaint orother initial pleading used to begin an eviction action nnder State or local law. 9. Lease: Relation to HAP Contract If the HAP contract temfinates for any reason, the lease termi- nates automatically. ltl PHA Termination of Assistance The PHA ~nay terminate program assistance for the family for any grounds authorized in accordance with HUD requiremems. If the PHA teiTninates program assistance IBc the lhmily, the lease terminates automancaliy. form HUD-S2641 (3/2000) Previous editions are obsolete Page 9 of 10 ret Handbook 7420,8 I1. Family Move Out The tenant roast notify the PHA and the owner before the fatuity moves out of the unit 12. Security Deposit a. The o','mer may collect a security deposit [hem the tenant. (However, the PHA may prohibit the owner froro collecting a security deposit in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants Any such PHA-required restriction must be speci- fied in the HAP contract.) o. When the family rooves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the unit or any other amounts that the tenant owes under the lease. c. The owner must give the tenant a list of all items charged against the se~:urity deposit and the amount of each itmn After deducting the amount, if any, used to reimburse the owner, the owner roust promptly refund the full amount of the unused balance to th(: tenant. d. If the security deposit is not sufficient to cover aroounts the tenant owes under the lease, the owner may collect the balance from the tenant. 13. Prohibition of Discriroination !n accordance with applicable eqoal opportunity statutes, Ex- ecutive Orders, and regulations, the owner roust not discrimi- nate against any person because of race, color, religion; sex, national origin, age, familial starts or disability in connection with the lease. 14. Conflict with Other Provisions of Lease a The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law anti regnlafion, as a condi- tion for Federal assistance to the tenant and tenant's famdy under the Section 8 voucher program. b In case o fany con fliot between the provisions ofthe tenancy addendum as required by HUD, and any other provisions of the lea.se or any other agreement between the owner and the tenam, the requireroents of the HUD-required tenancy addendum shall control. 15. Changes in Lease or Rent a The tenant and the owner may not roake any change in the tenancy addendum. However, if the tenant and the owner agree to any other changes in the lease, such changes roast be in writing, and the owner roust immediately give the PHA a copy of such changes. The lease, including any changes, roast be in accordance with the reqairements of the tenancy addendum. b. In the following cases, tenant-based assistance shall not be controued unless the PHA has approved a new tenancy in accordance with program requireroents and has executed a new HAP contract with the owner: (1) lfthere are any changes in lease requirements governing tenant or owner responsibilities for utilities or appli- ances; (2) If there are any changes in lease provisions governing the term ortho lease; (3) Iflhe family moves to a new unit, even if the unit is in the same building or complex c PHA approval of the tenancy, and execution cfa new HAP contract, are not required for agreed changes in the lease other than as specified in paragraph b. d The owner roust notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and the amount of the rent to owner roi[owing any such agreed change may not exceed the reasonable rent for the unit as most recently determined or redetennined by the PHA in accordance with HUD require- 16. Notices Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing. 17. Definitions Con tract unit. Tbe hnusing unit rented by the tenant with assistance tinder the program. Faroiiy. The persons who may reside in the unit with assistance under thc program HAP contract. The housing assistance payments contract between the PHA and the owner. The PHA pays housing assistance payroents to the owner in accordance with the HAP contract. Household The persons who may reside in the contract nnit. The household consists of the family and any PHA-approved live-in aide (A live in aide is a person who resides in the unit to provide necessary supportive services for a menabcr of the family who is a person with disabilities) Housihg quality standards (HQS). The HUD minimum qm/tity standards for housing a}sisted under the Section 8 tenant-based programs. HUD. The U.S. Department of Housing and Urban Development. HUD requirements. HUD requirements for the Section 8 program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. Lease The written agreement between the owner and the tenant the lease of the contract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA. Public blousing Agency. Preroises. The building or complex in which the contract unit ~s located, including common areas and grounds Program The Section 8 housing choice voucher program. Rent to owner. The total monthly rent payable to the owner lbr the contract unit. The rent to owner ;s the sum of the portion of rent payable by the tenant plus the PHA housing assistance payment to the owner. Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 14370. Tenant. The family member (or roembers) '.,,'ho leases the unit from the owner Voucher program The Section 8 housing choice vouchnrprngram. Under this program, HUD provides lands to an PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy nnder the voucher program form HUD-52641 (3/2000) Previous editions are obsolete Page 10 of 10 ref Handbook 7420.8 CONTRACT/LEASE ADDENDUM TO THE SECTION 8 HOUSING PROGRAM LEASE AND THE HOUSING ASSISTANCE PAYMENTS CONTRACT Effective[. ~~ 3 ~'-~-~. the Section 8 Housing Program Lease (~e Le~e )be~ean,~ f~ (the'~t"), living in the ~it at ~ ~~1~~ ~ ~ ~ ~ ~' ~ ~~. (~e L~dlord"), ~d the related Housing Assist~ce Pa~ants Contract shall be ~ended as follows: 1: Unless o~e~ise specified, ~e Lease shill r~ew automatically ~ a mon~-to-mon~ Le~e i~teM of for a 12-month period, ~less either p~ to ~e Le~e provides one calend~ month's advice notice to the o~er p~ of non-renewal. 2. ~e rent, effective as of the date indicated above, shall be $ ~'~p~ mon~. 3. The Housing Au~ofity of ~e Cowry of Cmbefl~d will pay $~0~ ~per mon~. 4. ~e tenet will be required to pay ~e remainhg ~o~t of $ ~ ~ff. ~ to ~e l~dlord each month. 5. The tenant will receive a monthly utility assistance payment in the amount of $ ~ All covenants and conditions of the Lease and Housing Assistance Payments Contract not otherwise amended are incorporated by reference in the Agreement. HOUSING AUTHOKITY OF LESS(~A Date LESSEE LESSEE _x Date F:Carolyn\ContLsLA. dd Date EXHIBIT "C" June 11, 2003 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND · Rental Housing for l~milies · Rental Housing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive Serviees/Empowerment Programs · Michelle Lohry 548 Bridge Street New Cumberland, PA 17070 Dear Michelle: It is a privilege for a family to participate in the Rental Assistance Program, and it should be treated respectfully. When the family signs the Housing Assistance forms, they agree to perform all obligattuns under the Section 8 Housing Choice Voucher Program. Failure of the family to fulfill those obligations under the lease with the owner is grounds for termination of Rental Assistance under the program and may be a basis for denying the family the fight to participate in the program in the future. You have broken the family obligations due to allowing Tony Lorry to live in your unit not on the lease and also failure to report child support as income. Without written permission, only those persons listed on the lease shall live in the leased property. On May 22, 2003 [ requested documentation proving Tony Lohry was not living in your unit. You sent in conflicting information regarding Tony's place of residence. You provided a Lease Agreement showing Tony has a permanent residence, but also sent in several letters stating that Tony resides at several different residences with friends. Therefore, your rental assistance and the landlord's Housing Assistance Payments Contract will be terminated effective July 31~ 2003. Because of these violations, you will not be permitted to reapply for the program until August 1, 2007. You have the fight to appeal this decision. We must receive your written request for an appeal by 4:30 p.m. on June 18, 2003 at the above address. You may fax you're appeal letter to us at our fax number (249-5988). However, you must call to confirm that we have received your fax. If you have any questions, please call our office Monday through Friday, between 8:30 a.m. and 4:30 p.m. at 249-1315, 697-7703 or 532-8805. Sincerely, '[I-IE HOUSING AUTHORITY OF THE COLrNTY OF CUMBERLAND Housing Representative Cc: Carolyn Craig SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 Telephon&I'DY (717) 249-1315 ·(717) 697-7703 · (717) 532-8805 ° Fa~x(717) 249-5988 · E-mail: ma~l@cchra.cora · www. cchra, cora EXHIBIT "D" ROGER B. IRWIN MARCUS A. McKN1GHT, li1 DOUG£AS G. MILLER LAW OFFICES IRWIN & McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 {717) 249-2353 FA~( (717) 249-6354 E-MAIL: OFFICES~IMHLA W. COM HAROLD& IRWIN (1925-1977) HAROLD & IRWL~ JR. (1954-1986) IRWIA~ IRWIN&IRWIN (1956-1986) IRWII~ MCKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) MS. MICHELLE LOHRY 548 BRIDGE STREET NEW CUMBERLAND, PA 17070 January 13, 2004 COPY Dear Ms. Lohry: This letter is to remind you and Tony that your lease expires on J.anuary 31, 2004 and that you have agreed to vacate by that date. This letter is also a reminder that the garages need to be cleaned out, except for the tools and equipment that belong to Mrs. Craig and that the property was leased to you with a stove and refrigerator. Any questions, please give me a call. Thank you, RBI:sls cc: Mrs. Carol Craig By: Roger B. Irwin~ Attorney for Robert~ aI}d,~arol Craig CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document, upon the persons indicated below both by facsimile and hand delivery, on the date set forth below: Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Date: March 29, 2004 IRWIN & McKNIGHT DoUglas (~. Mille~, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorneys for Plaintiffs ROBERT CRAIG AND CAROLYN CRAIG, Plaintiffs MICHELLE LOHRY, Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-782 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS FOR FAILURE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a judgment of non pros against the plaintiffs for failure to file a complaint in the above-captioned matter. I certify that a written notice of intention to file this Praecipe, a copy of which is attached hereto as Exhibit "A", was mailed to the plaintiffs' attorney of record after the plaintiffs' failure to file a complaint and at least ten days prior to the date of the filing this Praecipe. Date: Respectfully submitted, 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT ROBERT CRAIG AND CAROLYN CRAIG, Plaintiffs MICHELLE LOHRY, Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 04-782 CIVIL TERM To: Robert Craig and Carolyn Craig c/o Douglas G. Miller, Esquire (Counsel for Plaintiffs) Date of Notice: March 18, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 / Philip C. B~ganti, EsgCdire LAW OFFICE OF PHILIP C. BRIGANTI 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this .5~a ~ day of March, 2004, serving a copy of the foregoing Praecipe for Entry of Judgment of Non Pros for Failure to File Complaint upon the following by first-class U.S. mail, postage prepaid: Douglas G. Miller, Esquire LAW OFFICES OF IRWIN & McKNIGHT 60 W. Pomfret Street Carlisle, PA 17013 eh~li~C. B~' ~ti,~E ~qu' e~' LAW OFFICE OF PHILIP C. BRIGANTI 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 782 CIVIL ACTION PLAINTIFFS' PETITION TO STRIKE OFF / OPEN JUDGMENT OF NON PROS AND NOW this 12TM day of April, 2004, comes Defendants, ROBERT CRAIG and CAROLYN CRAIG, by and through their attorneys, Irwin & McKnight, and respectfully petition this Court to strike off or open the judgment of non pros entered against Plaintiffs on or about March 30, 2004, and in support thereof aver as follows: 1. Plaintiff commenced this action against Defendants on or about February 23, 2004, by Notice of Appeal from District Justice Judgment. 2. On or about March 19, 2004, legal counsel for Plaintiffs received a notice of intention to file a Praecipe for Entry of Judgment of Non Pros, which notice was dated March 18, 2004. 3. On or about March 29, 2004, legal counsel for Plaintiffs faxed a copy of the Complaint to be filed in this matter to legal counsel for Defendant. A true and correct copy of the fax cover sheet to Defendant's legal counsel and proof of successful transmission of the fax are attached hereto and incorporated herein as Exhibit "A." 4. Defendant, through her legal counsel, therefc,m received a copy of the signed Complaint prior to the filing of her Praecipe. 5. Legal counsel for Plaintiffs subsequently filed the Complaint the following morning on March 30, 2004, at approximately 9:00 a.m. A tree and correct copy of the time- stamped Complaint is attached hereto and incorporated herein .as Exhibit "B." 6. Unknown to legal counsel for Plaintiffs at the time, Defendant's legal counsel had filed a Praecipe for entry of judgment of non pros at approximately 8:00 a.m. on March 30, 2004. 7. Despite the filing of a Complaint in this matter, the Prothonotary subsequently entered judgment of non pros against Plaintiffs. 8. Based on the above, it clearly appears that Defi:ndant had received a copy of the Complaint prior to the filing of a Praecipe for Entry of Judgment of Non Pros. 9. Accordingly, the judgment of non pros against Plaintiffs was entered improperly and must be stricken from the record. 10. The Plaintiffs filed their Complaint the following morning which states a meritorious cause of action in accordance with Pa. R.C.P. No. 237.3 and 3051. 11. As the Cumberland County Courthouse was closed on Friday, April 9, 2004, this Petition is being filed within ten (10) days of the entry of judgment of non pros on March 30, 2004. 2 12. Unless the judgment against Plaintiffs is stricken off or opened, they will suffer severe and irreparable prejudice, in that the judgment will have been entered against them at a time when Defendant's legal counsel had received a copy of the filed Complaint and Defendant will be permitted to wrongfully remain in possession of the leased premises without a valid lease. WHEREFORE, Plaintiffs, ROBERT CRAIG and ,CAROLYN CRAIG, respectfully request that this Honorable Court strike off and/or open the judgment of non pros entered of record in the above captioned matter and allow Plaintiffs to pursue their cause of action in this matter, and direct that Defendant file a response to the Complaint filed of record. Dated: April 12, 2004 By: Respectfully Submitted, IRWIN & McKNIGHT DoUglas ~. M~l~er, ~sq~ire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-:2353 Attorney fi)r Plaintiffs VERIFICATION The foregoing Petition on behalf of the Plaintiffs, Robert Craig and Carol Craig, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this document. The statements made in this document are tree and correct to the best of the counsel's knowledge, information and beliefi The Plaintiffs' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiffs according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Do'~glas~i. Mallet, Esquire Date: April 12, 2004 EXHIBIT "A" ROGER B. IRWIN MARCUS A. McKNIGHT, I11 DOUGLAS G. MILLER LAW OFFICES IRWIN & McKNIGHT WEST POMFRET PROFESSIONAL BUh'..DING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES@IMHLAW. COM HAROLD S IRWIN (1925-1977) HAROLD S. IRWIN, JR. (J954~1986) IRWIN, IRWIN&IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986.1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) Facsimile Cover Sheet To: PHILIP C. BRIGANTI, Esq. Company: Phone: (717) 960-0005 Fax: (717) 960-9940 From: DOUGLAS G. MILLER, Esq. , Phone: (717) 249-2353 Fax: (717) 249-6354 Date: Pages including this cover page: March 29, 2004 4 · COMMENTS: Craig v. Lohry, 2004 - 782, Civil Action. Attached please find a copy of the Complaint in this matter. A time-stamped copy with attached exhibits will be delivered to your box in the Prothonotary's Office. NOTE: lf you did not receive all of the pages, or if you have any problem with the clarity of this fax, please call us at the number listed on the letterhead. THANK YOU!! CONFIDENTIALITY NOTICE: This facsimile contains confidential information which may also be legally privileged. It is intended only for the use of the address(s) named above, lf you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile or the taking of any action in reliance on the contents of this telecopied information may be strictly prohibited. If you have received this facsimile in error, please notify us immediately by telephone and return the entire facsimile at the above address at our cost via the U.S. Postal Service. THANK YOU!! MEMORY TRANSMISSION REPORT : MAR-2!)-2004 04:5§PM TEL NU~ER : +T172z[g6354 : IRNIN & UcKNIGHT LAW OFFICES FILE NU~ER 417 DATE TO DOCU~NT PAGES ~R-2g 04:52PU 960gg40 805 START TIME : ~R-2g 04:52PM END TIC : MAR-2g 04:55PM SENT PAGES : 005 STATUS : OK FiLE NU~ER : 417 SUCCESSFUL TX NOTICE IRI4[IN 6' McKIIGIi-T Facsimile Cover Sheet To.- Company= Phone= F~tx= PHILIP C. BRIGA, NTI, Esq. (717) 960-0005 (717) 960-9940 DOUGI_/kS G. MI'LLER, Esq. (717) 249-2353 (717) 249-6354 March 29, 2004 4 EXHIBIT "B" ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. IN THE COURT OF COM~ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 782 CIVIL ACTION NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by 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 ma), lose money or propei'ty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU . DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI~[ERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities .: · ,:.~ i~:r~ Act of 1990 ~:t ..... The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about .accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 - 782 CIVIL ACTION AND NOW, this COMPLAINT ~,~C~ day of March, 2004, comes the Plaintiffs, ROBERT CRAIG and CAROLYN CRAIG, by and through their attorneys, lb:win & McKnight, and make the following Complaint against the Defendant, MICHELLE LOHRY, averring as follows: 1. Plaintiffs are Robert and Carolyn Craig, adult individuals principally residing at 3 Pine Tree Drive, New Cumberland, Pennsylvania 17070. 2. Plaintiffs are the owners of a certain property known and numbered as 548 Bridge Street~ New Cumberland, Pennsylvania 17070 (the "Premises"). 3. Defendant is Michelle Lohry, an adult individual principally residing at the Premises along with individuals believed to be her children and[ ex-husband. 4. On or about October 1, 2001, Plaintiffs and Defendant entered into a written lease for the Premises for a one (1) year term. A tree and correct copy of the written lease dated October 1, 2001 is attached hereto and incorporated herein as Exhibit "A." 5. On or about January 30, 2003, the parties entered into a Housing Assistance Payments Contract with the Housing Authority of The County of Cumberland regarding the Premises. A tree and correct copy of the HAP Contract and its Addendum are attached hereto and incorporated herein as Exhibit "B." 6. Under the terms of Exhibit "B," the Housing Authority of The County of Cumberland agreed to pay $208.00 towards the monthly rental amount owed of $500.00. 7. On or about June 11, 2003, Plaintiffs received notification from the Housing Authority of The County of Cumberland that its rental assistance was being terminated effective July 31, 2003, due to violations by Defendant of the Rental Assistance Program. A true and correct copy of the letter dated June 11, 2003 from the Housing Authority is attached hereto and incorporated herein as Exhibit "C." 8. The HAP Contract attached hereto as Exhibit "B" provides that "the lease terminates automatically" if the program assistance is terminated for failure to comply with HUD requirements. 9. The original lease attached hereto as Exhibit "A" provides that Defendant waived the right to any "Notice to Quit" and agreed to move from the Promises by the last day of the effective date of the lease without advance notice from Plaintiffs. 10. Defendant did not move from the Premises along with her belongings as provided for in the lease, but did agree to vacate by January 31, 2004. 11. Legal counsel for the Plaintiffs served Defendant with a notice confirming Plaintiffs' intent to terminate the lease, and confirming the agreement by Defendant and her ex- husband to vacate the Premises by January 3 i, 2004. A true and correct copy of the notice dated . Janua~ 13, 2004 is attached hereto and incorporated herein as Exhibit "D." 12. Defendant refused to vacate the Premises on or before January 31, 2004, as had been agreed. 13. The original lease attached hereto as Exhibit "A" further provides that Defendant is responsible for any damages to the Premises, beyond normal wear and tear. 14. Defendant has failed to maintain the property and has instead damaged the Premises beyoad normal wear and tear. 15. These damages include but are not limited to: failure to maintain the pool located on the Premises, failure to maintain the fence and gate surrounding the pool in such a manner as to prevent third parties from obtaining access to the Premises and the pool, and failure to maintain the Premises in a habitable manner without risk of fire hazard or injury. 2 16. By virtue of Defendant's breach of her obligations under the various lease agreements and by virtue of Plaintiffs' termination of the lease, Plaintiffs are entitled to possession of the Premises. 17. Additional rent and other charges may accrue subsequent to the filing of this Complaint. WHEREFORE, the Plaintiffs, Robert Craig and Carol Craig, respectfully request that this Honorable Court enter judgment against Defendant and in favor of Plaintiffs for possession of the premises, plus any additional charges for rent, damage: to the Premises, late charges and any other expenses which may become due and payable between the filing of this Complaint and trial thereon, together with all such other and further relief a:s this Honorable Court deems fair and just. Dated: March 29, 2004 By: Respectfully Submitted, IRWIN &: McKNIGHT Douglas~,. l~h[ler, l~s4t[ire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Ponffret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs 3 VERIFICATION The foregoing Complaint on behalf of the Plaintiffs,, Robert Craig and Carol Craig, is based upon information which has been gathered by counsel for the Plaintiffs in the preparation of this document. The statements made in this document are,' tree and correct to the best of the counsel's knowledge, information and belief. The Plaintiffs' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiffs according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: March 29, 2004 EXHIBIT "A" Lease Agreement ............ ot ....................... ~o0...../ This Lea.se iS between ..~~ ILandlord) --AND-- .............................................................................................................................. ' (Tenant) Intending to be legally b~und, the Landlord and Tenant agree as i'ollows: ......... ~..~ ......... (~.~0.~..::....~ ....... -'- : .......... ..~..,J ......... 0~ .l........~~ ......... "" ~ l ' 3- Therenti~$ .... permonth. Reat shall be paid on ~be ...~.. of~hemon~h, be~innin~ · '~'-' '~.) ......................................... If any p~ment is made more ~han seven (?} flays a~er [he due da~e, a late charge of ~0,O0 s~all be paid. ' I. A security deposit of $ .... ~.L...~ ~hall be paid by Tenant and held by Any funds held as seeuriW deposit (ineludin$ in~eres~ that h~ no~ been paid ~o Tenant) may be use~ by Landlord for any of the fo!lowin~ purposes. (~.) To apply ~ ~ny re~t payment ~hat is 15 da~s 9as~ due; (b3 To ~ ~or an~ damages, beyond normal wear and ~ear, caused by Tenant ~o the premises; (e.) T° aPPlY ~ any loss to Landlorfl caused by Tenant's failur~ to perform wh~t is required o~Tenant ia this Le~e. 5. Tenant is responsible for routine maintenance, including lawn care, snow removal, cleaning, painting, and minor repairs. Landlord is responsible for maintenance of the buikling, including the roof, the heating plant, the electrics! system, and olumbinl~. 6, Tenant is responsible for all utilities, including gas, electricity, water & sewer, TV cable and trash & garbage removal. 7. If Tenant wants insurance on any of Tenant's property kept at the premises, Tenant must buy that insurance. 8. Tenant will keep no pets at the property without Landlord's permission. 9. Landlord or an agent of the landlord shall have access to the leased premises at any reasonable time to make necessary' repairs or a!teratiens, or m veriby compliance with any provision of this Lease Agreement, J. 0. Tenant gives up the right provided by the Landlord and Tenant Act of 1951 loc "Notice to Quit" in advance of be~,ng removed from the property. If Tenant is past due in rent, Tenant agrees to move from the property upon five (5) days notice from Landlord. If the lease is not renewed, Tenant agrees to move from the property by the iast day this Lease is in effect with no advance notice from Landlord. When Tenant moves from the property, all of Tenant's belongin~ must be moved also. 11. When Tenant moves from the property, it will be left clean and will not need repairs. 12, Special provisions: Landlord ~ / .......... ~' ......... Tenant Landlord ............................................... Tenant 0 rE: Any provm~.ons set forth above that are not to be part of this Lease Agreement must be crossed out by the parties and initialed by them at the time thls Agreement is signed. , EXHIBIT "B" Housing Assistance Payments Contract (HAP Contract) Section 8 Tenant-Based Assistance Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and Indfan Hot,sing Part A of the HAP Contract: Contract Information (To prepare the contract, fill out ail contract information in Part A.) 1. Contents of Contract This HAP contract has three parts: PartA: Contract Information PartB: Bodyc~fContract Part C: Tenancy Addendum 2 Tenant ..v LJ 3 Contract Unit Ilousehold The following persons may reside[t~[hcun[t: Other persons may not be added to the household v, ithout prior wri~Ien approval of the owner and the PHA ('-,. Initial Lease Term The initial lease term begins on (mm/dd/yyyy): Thc initial lease term ends on (mm/dd/yyyy): Initial Rent to Owner The initial rent to owner is: $ During the initial lease term, the owner may not raise the rent to owner. Initial Housing Assistance Payment The HAP contract term commences or, the first day o£the initial lease term. At the beginmng of'th., HAP contract term, the amount ofthe housing assistance payment by thc PHA to the owner is $ _.~2..:~ ~", ~.¢~-- permonth. The amount of the monthly housing assistance paymen~ by the PHA to the owner is ~ubject to change during the HAP contract term in accordance with HUD requirements. form HUD-52641 (3120001 Previous editions are obsoleI~ Pag~ 1 of 10 ref Handbook 74208 Tneownershallprovideorpayfortheutililiesandappriancesindicatedbe~owbyan"O" Thetenantshallprovideorpayfor!heutilRiesandappliancesindicated beiow by a "T" Unless o[her~vise specified be/ow, the owner shall pay for aN utditm~ and appliances ~rovided b! he owner Item Speci[y fuel type Heatin§ j ~'~ Lp/j Na,ural gas l ! Natural gas Cooking I ~t,/~ Natural gas Water Heabn9 Other Electric Water Sewer Trash Collection Air Conddioning Refrigeralor Other .spec fy) [--7 Bo',tie ~ar:- Oil or Elec~r,c [ I Coal or Other r~ or Electric I ~ Bottle gas [~ OJi ~.~j Coal Or Other ~ Bottlegas ~-~ Oil or Electnc Coal or Other Provided by' Paid by Signatures: Public Housing Agency Cumberland County Housing Authority Carolyn E. Bait, RAP Supervisor Mail Payments to: Previous editions are obsolele Page 2 of 10 form HUD-5264'~ (312000) ref Handbook 7420 8 Housing Assistance Payments Contract (HAP) Contract 1 Section 8 Tenant-Based Assistance Housing Choice Voucher Program U.S. Department of Housing and Urban Development OffJr:e ct Pubtic and Indi&~ He,usincj PartBofHAPContract: Body of Contract 1. Purpose a This is a HAP contract between the PHA and the owner. The HA P contract is entered to provide assistance for the family under the Sect/o, 8 voucher program (see HUD program regulations at 24- Code of Fedora! Regulations Part 982). b. 2'he HAP contract only applies to the hcusehold and contract unit specified itt Part A of the HAP contract. c. DuringthcHAPcontractterm, tbePHAwillpayhousing assistance payments to the owner in accordance with the HAP contract d The family will reside in the contract unit wilh assistance 'under the Section 8 voucher program The housing assis- tance payments by the PHA assist the tenant to lease the contract trait from the owner for occupancy by thc family 2. Lease of Contract Unit a. The owner has leased the contract unn to the tenant for occupancy by the Parody with assistance under the Sec- lion 8 vo~.~cher program b The PHA has approved leasing of thc unit'in accordance with requirements ,cf ttu: Section 8 voucher program c The lease [br the contract unit must include word-for-. word all provisions of the tenancy addendom required by HUD (Part C of the HAP contract} d The owner certifies that [ 1 ) The owner and the tenant ha,,~z entered into a !casa of thc contract unit that includes all provisions of the tenancy addendum t2) The lease is m a standard f,arm that is used in ti~c locality by ihe owne~ and that is gen=rMly used for other unassisted tenants in the premises. (3) The lease is conststem with State and local law e The owner is responsible for screening the family*s behavior er suitabilit7 for tenancy. The PHA is not responc;ih[e far ~Itch screening The PHA has no liability or responsibility to the owner or other persons for the t'amily's behavior or the family's conduct in tenancy. 3. Maintenance, Utilities, and Other Services a The owner must maintain the contract unit and prom ises in accordaoce with Ihe housing qnality standards (tiQS) 12. The owner mast provide alt utilities needed to comply with the HQS. c It' the owner does not maintain the contract unit in accordance with the HQS, or fails to provide aH utilities fieededto comply vfith the HQ$, the PHA may exercise any available remedies PHAremedies for such breach include recovery of overpayments, suspension of ho~s- ins asststance paymcntx, abatement or other reduction of housd, g assistance payments, termination of housing assistaace payments, and termination of the HAP con- tract. The PHA may not exercise such remedies against the owoer because of an HQS breach for which the hmily is respoosible, and that ts not caused by the d The PHA shall not make any housing assistance pay- meats if the contrac~ unit does not meet the l-IQ& onfess d~v. or/net corrects the de!l'ct within the period specified by the PHA and the PHA verifies the correction. Ifa defect is life threatemng, the owner mttst correct the defect within no mare tban 24 hoars For tnher defects, the owner must correct the defect within the period specified by the PHA e. The PHA may inspect the contract unit and premises at such times as the PHA determines necessary, to ensure that the: trait is In accordance, with the HQS. f The PHA must notify tile owner of any HQS defects shown by the inspection. g The or. nor mast provide ali housing services as agreed to in the Icase Term of HAP Contract begins onti~e first day oftheininal term oPthe lease, and (including the initial lease term and any extensmns) ti) Thc HAP contract terrmnatea atttomatically ii' the (2) Th,; PHA may terminate program assistance for thc family for any grounds autborized in accordance with HUD reqmrements, if the PHA terminates prngram assistance for the family, the HAP contract (3) If the family moves from the contract unit, the H~P (4) The HAP contract terminates automatically 180 cat- (5) Thc PHA may terminate the HAP contract if :he PHA datcrmmea, ct accordance with HUD require- moms, that available program fnnding is not suffi- the program. term HUD-52641 (3i2000) Previous editions ara obsolete Page 3 of 10 ret Handbook 7420 8 (73 If the £amily bieaks up, ffze FHA may termmat~ the ~LAP coati'act, or may continue housing assistance payments on behatfof family members who remain (8) The PHA may mrminate thc HAP contract ~f the ~. Provision and Payment for Utilities and Appliances a The lease must specify what utilities are to be provided b The lease must specil~, what appliances are to bc pro- vided or paid by the owner or tbc tenanL c Pact A of thc HAP contract specifies what utilities and appliances are to be prey,deal or paid by the ow'ncr or the 6. Rent to Owner: Reasonable Rent ~s most r~ccafly determined or redetermined by the PHA ' (I) The ocatJon, quaihy, slz~,um[t~,pe, andagcofth: (2) Any amendJes, housing servioes, maintenance and utilities provided and paid by d~e owner, ~qu,red i ..... ~ .... . HUD .... PHA may redo~ermine the reasonable rent at any time exceed rcn~ charged by the owner for comparable unas- sisted units in the prenuses The owner must gi',e the PHA any information requested b~ the PHA on rents charged by 7. PHA Payment ~o Owaer a When paid (1) During fl~eterm oflhe HAP contract, tim PHAmust owner on behalf of the family at the beginning of (2) The PHA mus~ pay housing assiseance payments promptly when duc to the owner (3) [fhousingassistancepaymen s arenotpa.dprompt.y when due after the first two calendar months of the uc~s and lay% as applicable in the local housing tenant However,/he PHAshaHnotbeobligatedto pay a~y lat~. payment penatty if HUD determines beyond the PHA's central Moreover, the PHA shall not be obligated to pay any late payrneat penalty if housing assistance payments by the PHA are delayed or denied as a remedy for owner breaci~ of the HAP contract (including any of the following PHA rem- iq) Itousing assistance payments shall only be paid to Ihe owner while the family is residing in tbe contract unit during the term o£the HAP contract. The PHA b. Owner compliauce ;',ith HAP contract Unless the owner has complied with ail provisions of the HAP (I) '['he amoom of the monthly PHA housing assistance PHA in accordance with HUD requirements for a Applieation of payment. The momhlyhousingassis- e Limit of PHA responsibility. (I) The PHA is only responsible for making housing the HAP contract and HUD requirements for a ten- (2) The PHA shall not pay any portion of the rent to The PHA st:ali notpay any other claim by the owner against the lhmily. £ Overpaymen~ to owner. IPthe PHA determines thai the or any part of it, the PHA. in addition to other remedies, amounts due the owner (including amounts due under Previous edilions are obsolete Page 4 of 10 form HUD-52641 (3,'2000) ref Handbool( 74208 8. OwnerCerfificatlon During the ternq of th~s contr tct, the owner certifies thatt In accordance, with Ihe HQS mcIudes the tenancy addendum (Part C nFthe t-tAP and program requirements. The owner has provided lhe lease to the PHA, including any revisiona of the lease. (from the family, the PHA, }iUD, or any other punic or private source) for rental of the contract unit during the HAP contract term. contract umt. £ To the best of the owner's knowledge, the members of the family reside in Ih¢ contract nnit, and thc und is the family's only residence g The owner (including a prlncipat or other interested party) is not the parent, child, grandparent, grandchild. sister, or brother of any member o ftbe family, unless the P,'IA has der:twined (and has notified the owner and the family of such determination) that approying rentaI of' the unit. notwithstanding such relationship, would pro- who is a person w~th disabilities. 9. Prohibition of Discrimination.. Inaccordap. ce widtappli- complaint invesugations m connection with the HAP 10. Owner's Breach of HAP Contract a Any of the following achons by the owner (including a principalor other interested party) is abreachofthe HAP (I) I£ the owner has violated any obligation onder the HAP contract, including the owner's obligatmn to maintain the unit in accordance with the HQS. (2) Il' the owner has violated any obligation under any Section 8. (3) If the owner has committed fraod, bribery or any b~ans made by DUD, it' ~he o~v~;cr has fsi{cd ro comply w/th lb: regtdatio~s t~r the app[icabte ,mort- ur if the owner has committed Fraud, bribery or any odqet corrupt or criminal act ip, connection txirh the {5) Iftheo~ner bas engaged in any drug-related crmu- hal activity ot any violent criminal activity b if the PHA determines that a breach has occu~rzd, the PHA ma7 exercise any of its rights and remedies under the HAP contrast, ot any othei available rights and remedies for such breach. The PHA :;hal! notify the owner or' such determination, including a brief statement of d~e reasotts For the determination. Thc notice by the rive action, as verified or determined by the PHA, hy a deadline prescribed in the notice. c The PHA's rights and remedies For owner breach of the HAP cumract mck~dc recovery of overpayments, sus- other reduction of housing assistance payments, termi- nauon of housing assistance payments, and termination of the HAP contract d ' The PHA may seek and obtain additi6na[ relief byjudi- cia[ order or action, including specific perfformance, other injunctive relief or order for damages. e Even ifthe Pamily continues to live in the contract unit, thePHA ma~ exercise any rights and remedies for owner breach of the HAP contract. The P]IA's exercise or non-exercise of any right or remedy fo~ owner breach ol the HAP contract is not a waiver of the Ught to exercise d~at br any other right or 1 1. PHA and llUD Access lu Premises and Owner'~ Recurds a The owner must provide any in furmation pertb~ent tc~ the HAP comtact that th: PHA or IIUD may rcasonably require. b. The PHA, HUD and the Comptroller Genera~ of the United States shall have full and fre~ access ro the contract unit and t}~e premises, and to aH accoonts and other records of th: owner that are relevant to the HAP contract, including the right to examin: or audit the other electronic records, and to any computers, equip- meat cr Facilities containing such records, and must 12. Exclusion uf Third Par~y Rights a The hrnily ~s nm ,~ party to or third par~y beneficiary of PartBofff~eHAPcontract Thehmdymaynotenforce any provision of Part B and may not exercise any right or rowed5 against the owner or PHA under Part B torm HUD42641 (3/20Q0) ' Previous editions are obsolete Page 5 of 10 ref Handbook 7420 8 dun:(Par~ C of the H,~.P contract) against the o~ner, and to, orany liability to, anyperson injured asa resultofthe d The owner is not the agent of the PHA, and the HAP member of any of the following classcs: ( I ) Any present or former mambo rot officer o f the PHA (excepts PHA commissioner whois a participant m the program): (2} Any employee of thc PHA, o,~any contractor, sub- polic3, or ,,~ho influences decisions with rospect to (3) Anypublic official, member ofagoverning body, or (,l) Any~n,:mberoftheCtmgressoftheUnitedStates immediate family member of such covered individuaD (including a stepparent), child (including a stepchild), graadparem, grandchild, sister or brother (including a slepsister or s~epbrother) of any covered individual. d The owner certifies and is responsible for assuring that e Ifa prohibited interesl occt~rs, thc owner shall promptly and fully disclose snch interest to the PHA and HUD may be waived by the HUD field office for good cause. g No member of or delegate to the Congress of the United States or resident commissioner shall be admitted to any share or part of the HAP contract or to any bane fits which may arise from it. i4. Assigml~ent or d~e HAP a The turner m.~y not assign the .~'[AP comfort ~o a ne~ owner without ;he priur wrh~cn ,.m~s~rn u(tbu PHA b if the owner requests PHA consen: to asstgn d~e HAP contract to a new owner, the owner shah supply any informatio~ as required by ~hc PHA pgrtinent ~o proposed assignment. c. The HAP contract may not be assigned to a new owner that is dcbarred~ suspended or subject ~o a limited denial of participation under HUD regulations (see 24 Code Federal Regulations Part 24) d. The tiAP contract may not be assigned to a new o~ ncr if HUD has prohibited such assignment because: (I) The Federal government has instituted an adminis- :rative or judicial actmn against the owner or pro- posed new owner for violation of the Fair Housing Act or mher Federal equal opportunity requirements, and such nction is pending; or (2) A court or administrative agency has determined Ihai the owner or proposed new owner v[olatgd the Fair Housing Act or other Federal equal opportunity reqturcm:n~s. e The HAP contract may not be ass~gnedto a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent; grandchild, s~ster or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwith- standing such relationship, would provide reasonable accommodation for a family member who is a person ~tith disabi]tties 1'. Thc PHA may deny approval to assign thc HAP ~fthe owner or proposed new owner (including a princt- pal or other interested party): (I } Has violated obligations undc~ a housing p.qments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act m connecUon with any Federal housing program; (3) Nas engaged in any drog-related criminal activity or any violent criminal activtty; (4) Has a history or prachce of non-compliance with HQS for units }eased under the Section 8 tenant- based programs, or non-compfiance with applicable housing standards for units leased with project- based Sectlon 8 assistance or for units leased under an3 other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally as- sisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that; (a) Threatens the right to peaceful enjoyment of the premises by other residents; Previous editions are obsolete Page 6 of 10 form HUD-52641 (3/2000) ret Handbook 74208 (b) Thr~'a. tens the health or safety o fodder residents, the housing: (c) '¥hreat~ns Ihe health or sM'cry o( m the right to peaceFu[ enjoylnem of their residents by per- sons residing in the immediate vicinity of the I d) Is drug-related criminal actiYJt5 or violent crimi- nal activity; {6) Has a history or practice of renting units that tail to meet State or local housing codesi or (7) Has not paid State or local real estate taxes, fines or with the HAP contract. The agreement must be m writing, and in a form acceptable to the PHA. The aev,' 15. WrittenNetlces. Any notice by the PHA or the owner in connection ,with th{s er~pt?_ct !nu~.t be in wrtting. 16, Entire Agreement: Interpretation a The HAP contract contains the en[i~e agreement between the owner and /he PHA. b The HAP contract shall be interpreted and implemented to accordance with HUD requirements, including the HUD program regulations at 24 Code of Federal Regu- lations Part 982. form HUD-52641 (312000) Previous editions are obsolete Page 7 of 10 tel Handbook 74208 Housing Assistance Payments Contract (HAP Contract) Section 8 Tenant-Based Assistance Housing Choice Voucher Program U.S. Department of Housing and Urban Deveiopment Office of Pubfic and tndian Hous~r'§ PartC of HAP Contract: Tenancy Addendum 1. Section8 Voucher Prograra a The owner is leasing tile contract unit to the tenant for occupancy by the tenant's family with assistance for a tenancy under the Section 8 housing choice voucher pro- gram (voucher program) of'the United States Department of Housing and Urban Development (HUD). b. The owner has entered into a Housing Assistaece Paymeots Contract (HAP contract) with the PHA under the voucher pro.re'am Under the HAP contract, the PHA will make housing assistance pa)litters to the owner to assist tile tenant in leasing the unit from the m.vner. 2. Lease a The owhe.r has given the PHA a copy of the lease, including any rev~stotts agreed by the owner and the tenant The owner cerfi ties thaf the terms of the lease are in accordance with all provis~ons of the bIAP contract and that the lease mc!udes the tenancy addendum. b The tenant shall have the right to enforce the tenancy addendum against the owner If:here is an'/ conflict between the.tenancy addendum and any other pro'visions of tits lease, the language of the tenancy addendum shall 3. Use orContraet [Init a During the lease tem:. tile t-amity ,,viii re:adz in the contract b The cm'aposinon of the household must be approved by the PH,'X The i~mily ittust promptly iai'erin the PHA of-lhe birth, adoption or coort-awarded custody ora child. Other PHA-approved household ~nemb~rs 'f he unit must de the hmily's only residence Members of the household may 'approved by the PHA in accordance v, ith HUD require- b Changes in the rent to or, nor shall be determined by the c. During the term of'the lease (including the inidal term of the (D The reasonable rent £or the unit as most recently determined or r~determined by the PHA in accordance with HUD requirements, or (2) Rent charged by the o~.ner for comparable unassbted units in the premises 5. Family Payment to Owner a. The faintly is responsible for paying the owner any pomon of-the rent to owner that ]s not covered by the PHA housing assistance payment. b Each month, the PHA will make a housing assistance payment te !he owner on behalfo fthe family in accordance wit!~ the HAP contract The amount of'the r~onthly bonsing assistance payment will be determined by the PHA in accordance with tlUD requirem eats for a tenancy under t}~c Section 8 voucher program. c. The monthly housing assistance payment shall be credited against tho monthly rent to owner for the contract onlt ti The tenant is not responsible for paying the portion of rent [o owner covered by thc PHA housing assistance payment under ibc HA P contract bslween the owner and Ihe PHA. A PHA [hiiure to pay the housing assistance payment to the owner is not a violation of the lease The owner may not terminate the tenancy for nonpayment of.the PHA he'si ng assistance payment e The ,owner may not charge or accept, from the family or from any other source, any payment for rent of the unit fn addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and apphanzes to be pro'tided and paid by the owner in a%ordance with thc lease £ The owner mt~st immediately return an), excess rent pay* meat to thc tenant. 6. Other Fees and Charges a Rent to o::ner does not include ct,st of a[!y meats nr stippcrtl,,e sersices er furnitxtre which may be provided by b. Thc os'net may not require the tenant or famiI¥ members to pay charges for any meals or supportive services or fomi- fure which may be provided by the owner. Nonpayment ef any such charges is no[ grounds for term{ashen of tenancy Items uustornarily included m ~¢nt to owner tn the locality, or provided at no additional cost to nnsubs[dized tenants in the premises. 7. Maintenance, Utilities, and Other Services a. Maintenance ti) The owner must m, ai~tain the unit and premises m accordance with the HQS (2! Maintenance and replacement (inclnding redecora- tion) must be in accordance with the standard pracuce for the building concerned as established by the owner. Previous editions are obsolete Page 8 of 10 form HUD-52641 (3/2000) ref Handbook 7420 h. U~!itie:s and app!i~nce~ ( [ ) The owne~ must prnvid~ al! utilities needed b~ :c, mply with the HQS. (2~ Ibc owner ts not responsible f~r a breach of the HQS caused by tho tenant's I2i~ure ~o: (a) Pay t~r any utilines ~hat are m be paid by the /b) Pravide and malmain any appliances that are to be pravM~d by the tenant c. Family~amage Theown~r~snotresponsLb!eforabrea:h of the HQS because of damages beyond nummi wear and tear caused by any member o fthe household or by a guest. d. Housing services The owner must pro~ideall housing services as agreed to in Ihe lease. Termination of Tenancy by Owner a. Reqnirements Theownermayonlyterminateth~tenancy m accordance wiih dm lease and HU~ requirements b Grounds DtLr~ng I1~ term of the lease (the initial term of thc lease or any extension termL the o~ner rnay oniy (1) Serious or repeated ~dation of the (2) V~olatian ofiFedera[, State, or Ioca[ law that impos~s obi [gations on the temmt m connection xwth thc paacy or use ~fthe unit and the premises; (3) Crunioal activity or alcohol abuse. (as provided paragraph c); or (4) Other good cause (as provided in paragraph d) Criminal ~etivily or alcohol abuse. (IJ The owner ma) terminate the tenancy during the term of the lease if any memberofthe household, a guestm ut'thc lbllowiag types ofcrhntnuL acti~: ~a) Any criminal activity that ~hreatens the health or sM~ty of, or the right to peaceful ~njoymem of the prmnises by, oth~r residents (including prop¢~ management staff residing on the premises); lb) Any criminal actively that threamns the heahh or safew of, or the right to peaceful ~njayment of ~helr residences by, persons residing in Lhe imLne- diate vLcm~[y of the premises; (c) Any violent crhn[nai actwi~' on or n~ar th~ pre- (d) Any drag-related crimmaI activity on or near the (2) The owner may terminate the t~nancy during the term of~he lease if any member of~h~ household (a) Fleeing to avmd prosecution, or custody or con- finement after conviction, t~r a crime, or attempt co commi~ a crime, that is a felony under the laws of the place From which the individual flees, or 1hat, in th~ case of the Stat~ of New Jersey, ~s a Mgh misdemeanor; or (b) V~olating a condition of probation orparole under Federal or State law. :tcdvdy by a hnusehold member n; accordance with of' the iease, it' any member of the household has engaged in abuse of alcohol tha~ threatens the health, safety or right to peaceful enjoyment oPthe premises by (I) During the initial lease term. other good cause did or t~iled to do (a) Disturbance of neighbors, (b) Destruction of property, or (el Living or housckeep d~.g habits that cause dan~age (3) After the initiat lease term, such good cause includes: (b) The owner's desire to use the ur~it for personal or tbr a higher lent) (2) The: owner must give the PHA a copy of any o'.v,?.: or cth~-r inhia! p!s?ding used to beg!n an evict!on aenon under State or local 9. Lease: Relation to HAP Contract The PHA may re=minnie program assistance lbr the Family for If tbe PHA fore, mates program asMstance lbr the [hmNy the Previous editions are obsolete Page 9 of 10 [orm HLID-52641 (3/2000) ref Handbook 7420 8 11. Family 5love Out 12, Security Deposit (Howevcr, ~hc PHA may prohibit the owner from coliecting fled in the HAP eontract.} subj eot to State and locat law, may use the security deposit, including any interest on the deposit, as reimbursement for an~ unpaid rent payabte by the tenant, any damages to the c The owner must give the tenant a list of ail items charged owner, the owner most promptly refund the full amount of' I3. Prohibition of Discrimination in accordance with applicable equal opportunity statutes, Ex- national origin, age, familial status or disability in connection 14. Conflict with Other Provisions of Lease a 7'he terms of the tenancy addendum are prescribed by HUD m accordance with Federal law antTI regulation, as a condi- b In case o f~ny con tlict bet,aeen the provisions o fthe tenan:y addendum as required by HUD, and any other provisions of addendum shall control. 15 Changes in Lease or Rent in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, addendum b In the following cases, tennnt-based assistance shall not be continued unless the PHA has approved a new tenancy in (1) Ifthere are any changes in lease requirements governing tenant or owner re. sponsibitities for utilities or appli- (2) if there are any changes in lease provisions governing (3) if lbo family moves to a new unit, even if the unit is in the same building or complex c ?.['-{A a?proval of the tenancy and cxecunon ufa new }lAP contract, are not required for agreed changes in the lease other than as specified in paragraph b d The owner must notify the PHA of any changes in the amount of the rets: to owner at least six~ days before any such changes go into effect, and the amount of the rent to owner foilowing any such agreed change ma5, not exceed the reasonable rent for the unit as most recently determined or redetennined by the PHA in accordance with HUD require- 16. Notices Any notice under the lease by the tenant to the owner or by the owner Io Ihs tenant must be in writing 17. Definitions Contract u nit. Tile housmg unit rented by the tenant with assistance under the program. Family. The persons who may reside in the unit with assistance under the program HAP contract. The housing assistance payments contract between the PHA and the owner. The PHA pays housing assistance payments to the'ownc~ in accordance with the HAP contract. Household The persons who may reside in the contract unit. Thc household consists of tho family and any PHA-approved l iveqn aide IA lixle-in aide is a person who resides in the umt to provide necessary. supportive services for a member of the family who is a person with disabditics ) Housing quality standards (;tQS). The HUD minimum quali~ standards for housing a~sisted under d'~e Section 8 tenant-based programs }IUD. The U.S. Department of Housing and Urban Development. HUD requirements HUD requiremenls for the Section 8 program. HUD requirements arc issued by HUD headquarters, as regulations. Federal Registe~ notices er other binding progrant dh'ectives Lease The written agreement between the owner and the tenant [br theieaseofthecontract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA. Public Nousing Agency. Premises. The building or complex in which the contract urdt is located, including common areas and grounds Program. The Section 8 housing choice voucher program, Rent to o',vnet The total monthly rent payable to the owner fbr tile payable b7 lhe tenant plus the PHA housing assistance payment to the owner. Section8 Section8o£theUnitedStatesHousingActoft937(42 United States Code 14370. Tena n t The Family member (or members) who Leases the unit from the or, nor Voucher pro gram The Section 8 housing choice voncher program Under this program. HUD provides fondu to an PHA for rent subsidy on behalf of eligible families. The tenancy undzr the lease will be assisted with rent subsidy for a tenancy under the voucher program Previous editions are obsofale Page 10 of 10 form HUD-52641 (3/2000) ref Handbook 74208 CONTR-~CT/LEASE AD DENDL?~ TO THE SECTION 8 tlOUSING PROGRAM LEASE ,~ND THE HOUSING ASSISTANCE PAYMENTS CONTILkCT Effective~ ~--~~/3 '~0~:~'~the Secti°n 8 H°using Pr°~ram Lease , ~--~ c' t~ ~ w~ .(the ~enant"), ~ ..... ~' (the L~dlord"), ~d a~e related Housing Assist~ce Pa~ents Con.act shall be ~ended as follows: 12 Unless o~e~ise specified, ~e Lease shall r~ew automatically as a mon~-to-month Lease instead of for a 12-month period, unless either p~ to ~e Le~e pro.des one calend~ month's advance notice to the o~er p~ of non-renewal. 2. The rent, effective = of the date indicated above, shall be $ ,~.~per month. 3. ~e Housing Au~odty of ~e County of Cumberl~d witl pay $~ ~ ~per mon~ 4, The tenet will be required to pay the remaining ~o~t ors ~ ~. ~to ~e l~dlord each month. 5. The tenant will receive a monthly utility assistance payment in the amount of $_~ ~, All covenants and conditions of the Lease and Housing Assistance Payments {~ontract not otherwise amended are incorporated by reference in the Agreement. HOUS'fNG AUTHOiLITY OF THE COUNTY OF CUM~_~RLA~ND ~ ~ LESSQI~\ Date LESSEE L~SSEE .Cm-t~ yn,,t.o ntLs'ek~d Date EXHIBIT "C" June 11, 2003 HOUSING AUTHORITY OF THE COUN~Ty OF CUMBERLAND · Rental Housing lot Families · Rental Housing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive Services/Empowerment Programs · Michelle Lohry 548 Bridge Street New Cumberland, PA 17070 Dear Michelle: It is a privilege for a family to participate in the Rental Assistance Program, and it should be treated respectfully. When the family signs the Housing Assistance forms, they agree to perform all obligations under the Section 8 Housing Choice Voucher Program. Failare of the family to fulfill those obligations under the le~;e with the owner is grounds for termination of Rental Assistance under the program and may be a basis for denying the family the right to pamcipate ia the program in the future. You have broken the family obligation~ due to allowing Tony Loh~ry to live in your unit not on the lease and also failure to report child support as income. Without written permission, only those persons listed on the lease shall live in the leased property. On May 22, '2003 I requested documentation proving Tdny Lorry was not living in your un/t. You sent in conflicting itfformafion regarding Tony's place of residence. You provided a Lease Agreement showing Tony has a permanent residence, but also sent in several letters stating that Tony resides at several different residences with friends. Therefore, your rental assistance and the landlord's Housing Assistance Payments Contract will be terminated effective July 3 l, 2003. Because o1: these violations, you will not be permitted to reapply for the program until August 1, 2007. You have the right to appeal this decision. We must receive your written request for an appeal by 4:30 pm. on lune 18, 2003 at the above address. You may fax you're appeal letter to us at our fax m~mber (249-5988). However, you must call to confirm that we have received your fax. If you have any questions please call our office IVlonday through Friday, between 8:30 am. and 4:30 p.m. at 249-1315, 6~7-7703 or 532-8805. Sincerely, TH~ HOUSING AUTHORITY OF TH~ COUNTY OF CUMBERLAND Joyce A. Gutshall Housing Representative Cc: Carolyn Craig SERVING CUMBERLAND COUNTY ~)INCE 1975 EXHIBIT "D" ROGER B. IRWLV M;A RCUS A. 3,1cKiVlGtf7~ 171 DOLGL.IS G. MZLLER LAW OFFICES IRWIN & McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYI. VANIA ! 7013-25!22 (7 ! 7) 249-2253 FAX (717) 249-6354 E-MAIL: OFFICES~IMHL.4 W. C OM January 13, 2004 MS. MICHELLE LOHRY 548 BRIDGE STREET NEW CUMBERLAND, PA 17070 COPY Dear Ms. Lohry: This letter is to remind you and Tony that your lease expires on January 31, 2004 and that you have agreed to vacate by that date. This letter is also a reminder that the garages need to be cleaned out, except for the tools and equipment that belong to Mrs. Craig and that the property was leased to you with a stove and refrigerator. Any questions, please g/ve me a call. Thank you, RBi:sls cc: Mrs. Carol Craig Roger B. Irwin~ Attorney for Robert and ?arol Craig CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document, upon the persons indicated below both by facsimile and hand delivery, on the date set forth below: Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Date: March 29, 2004 IRWIN & McKNIGHT Do~-glas ~. Millei, Esqt~ire Supreme Court Il-) No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Date: April 12, 2004 IRWIN & McKNIGHT Dou'~las ~ Milie~r, Esquire Supreme Court IT} No. 83776 West Pomfret Professional Building 60 West Pomfret ',Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. _. : NO. 2004 - 782 CIVIL ACTION ._ : ._ RULE TO SHOW CAUSE AND NOW, this ~ day of ~l~lf~ , 2004, upon consideration of the accompanying Petition to Strike Off/Open Judgment of Non Pros, a role is issued on Defendant to show cause why the relief requested in the within Petition ought not to be granted and the Plaintiffs be allowed to pursue their cause of action. This role returnable within ~ days after service. BYTHECOURT, ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ ._ : NO. 2004 - 78,2 CIVIL ACTION : _. PETITION TO MAKE RULE ABSOLUTE AND NOW, this t~(tOl-~ay of I~ ,2004, come the Plaintiffs, Robert I Craig and Carolyn Craig by and through their counsel, Irwin & McKnight, and respectfully Petitions this Honorable Court to make absolute the previous Rule to Show Cause issued on April 19, 2004, and in support thereof avers as follows: 1. Plaintiff commenced this action against Det~endants on or about February 23, 2004, by Notice of Appeal from District Justice Judgment. 2. A Complaint was filed on March 30, 2004, ,one hour after Defendant filed for Judgment of Non Pros. 3. On April 12, 2004, Plaintiff filed a Petition to Strike Off/Open Judgment of Non Pros. 4. A Rule was signed on April 19, 2004, directing Defendant's to show cause why the relief requested in the Petition should not be granted. 5. The Rule was returnable 20 days after service 6. The Rule was served upon Defendant. 7. Defendant's attorney indicated he would not be filing a response to the Rule, therefore, Plaintiffs request that the Rule be made absolute and the Plaintiffs should be allowed to pursue their cause of action. 2 WHEREFORE, Plaintiffs, Robert Craig and Carolyn Craig, respectfully request that this Honorable Court enter the Proposed Order directing that the Petition to Strike Off/Open Judgment of Non Pros be granted and allow Plaintiffs to pursue their cause of action in this matter and further direct that Defendant file a response to the Complaint filed of record. Dated: May 26, 2004 Respectfully submitted, IRWIN & McKNIGHT Douglas tt. Miller, E'squir~ Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, P~mnsylvania 17013 (717) 249-12353 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Date: May 26, 2004 IRWIN & McKNIGHT Douglas Gq Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Sllreet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs HAY 2 8 2004 ROBERT CRAIG and CAROLYN CRAIG, husband and wife, Plaintiffs MICHELLE LOHRY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2004 - 782 CIVIL ACTION ._ ._ ~ ~RDER AND NOW, this ~ day of ~ ., 2004, upon consideration of the Plaintiffs' Petition to Make Rule Absolute, it is hereby Ordered that said Petition is granted and Defendant shall file a response to the Complaint within twenty (20) days of this Order. BY THE COURT: ROBERT CRAIG and CAROLYN CRAIG, Plaintiffs MICHELLE LOHRY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 04-782 CIVIL TERM To: Robert Craig and Carolyn Craig c/o Douglas G. Miller, Esquire (Counsel for Plaintiffs) NOTICE TO PLEAD You are hereby notified to file a written response to the attached Defendant's Preliminary Objections to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-.0005 COUNSEL FOR DEFENDANT , coOtG oF coMMON gOBE~T C~lO P~/tariffs ': PE~BX ~ :. c~iL ACTaeON ' LAW : NO. 04'?S2' CIVIL MIc~LL~ LO~g~ , COMBS NOW the d~f~nd~'d p~S~t to Pa. R.C.P. No. ComPlaint: ' ' ' 1. P~su~t t° Pa' R'C'P ....... ~ one ot mo~e of the p~es filing ~e pleaam~ unle ~ ~nd the ~e~ficad°n o[ none of them . :ufsdicfion o[the corn[" s the verification 'g3 ~e outside ~e ~ . ~a~o In such case , or inf°~att°u' or ~ o .~ time al[o~ed for filing lhe P~eau'"~o~a(~on ~d belief ~d shall set c~ be ob~med ~ithin u,~. .... . or her o~ 'on ~ to roarers not stated upon his ma~ be made b~ ~ person having sufficxent ~owledge or ,, emphasis added) [o~h the source of the person'S in[°~a)t . ~owledge ~d the re. On ~h~ the vefificau°n is not made b~ a p~' · hich ~ signed b~ plainftffs' counSd, ..~, c 9~[mnt, ~ .... no.ed ~ fifica<~on of pl~nuu~ ~omp~ - -~timed within the ~e~t ~ ' ' ' es onl~ ~at "(t~Be p[amut~ . · ~as not made b~ a par[~ ROBERT CRAIG and CAROLYN CRAIG, Plaintiffs MICHELLE LOHRY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-782 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT COMES NOW the defendant, Michelle Lohry, by counsel, Philip C. Briganfi, Esquire, pursuant to Pa. R.C.P. No. 1028, and sets forth the following Preliminary Objections to Plaintiffs Complaint: Failure of Pleading to Conform to Law or Ruie of Court 1. Pursuant to Pa. R.C.P. No. 1024(c), the verification of a pleading "shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court andthe verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not staled upon his or her own knowledge and the reason why the verification is not made by a party." (emphasis added) 2. The verification of Plaintiffs' Complaint, which was ~dgned by Plaintiffs' counsel, provides only that "[t]he Plaintiffs' verification cannot be obtained within the time allowed for filing the pleading," as the reason that the verification was not made by a party. 3. The reason set forth in Plaintiffs' verification for the :failure of the verification to be made by a party does not conform to the requirements of Pa. R.C.P. No. 1024(c), in that it does not state that all of the parties were outside the jurisdiction of the court. WHEREFORE, Defendant requests that Plaintiffs' Con~tplaint be dismissed, and for such other and further relief as may be deemed reasonable and just. Respectfully submitted, Date: 74 W. Pomfret Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT VERIFICATION I, Michelle Lohry, hereby verify that that I have read the foregoing Defendant's Preliminary Objections to Plaintiffs' Complaint, and that the st~,tements therein are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: Michelle Lohry CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this _~9/'j~k- day of June, 2004, serving a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs' Complaint upon the following by first-class U.S. mail, postage prepaid: Douglas G. Miller, Esquire LAW OFFICES OF IRWIN & McKNIGHT 60 W. Pomfret Street Carlisle, PA 17013 n~ O~FI~{~ O~ E;Hq~i;~CfBRIGANTi 74 W. Pom~et Street Carlisle, PA 17013 (717) 960-0005 COUNSEL FOR DEFENDANT