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HomeMy WebLinkAbout08-3976CQ,MIMOMWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM uB?Nn DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ©g -3 NOTICE OF APPEAL Notice is given that the appellant has filed n the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT C/} /` V P Rr MAG. DIST. NO. ? oil_ I OJ NAME OOOFD..J?. ?r 1 ^ -I1lV J. I ADDRESS OF APPELLANT CITY STATE ZIP CODE Xo-1 UA*;9 A EwVI! Ae' *•I r,* itsu- f* I Ta I DATE OF JUDGMENT C/30 /08 IN THE CASE Svsp F (P/ei IM) (Defended)' F+ ,v 1 / PTS V. S {+1 Jk-r- #L C ATIf DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR ENT L?" - Oo 00 0 n k C"t? ) This block will be signed ONLY when thi notation is required under Pi_. _f appellant was Claimant (see Pa. R.C.P. .J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by th District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for posses ion in this case. (20) days after filing the NOTICE of APPEAL. Slpne o/Ftorhonotary TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY hen appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon S NSQta ?}? ??/? V17-6w km-s appellee(s), to file a complaint in this appeal -I Name ofappolee(s) (Common Pleas No. M Z39 76 within twenty (20) days after a of rule or suffer entry of judgment of non pros. _vv - ol CLO-ep Signature of appellant or attorney or agent RULE: To s??ujEM'lll?l???p? ?w kP-S , appellee(s) Name of appelle (s) (1) You are notified that a rule is h reby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service?or by certified or registered mail. (2) If you do not file a complaint wi hin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule f service was by mail is the date of the mailing. Date: 20? _ ,ems, _CA sig a ure of FroMop6&qP& Deputy YOU MUST INCLUDE A COPY F THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE, "PLL4INT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER Sling of the notice of appeal. O taek applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 r iT? COMMONWEALTH OF PENNSYLVANIA .. r1nt tntTv nc• CUMHER.LAND V V V 1 M 1 1 V 1 Mag. Dist. No., 09-1-03 MW Name: Hon. RICHARD S . DO*(;HERTY Address: 9 8 S ENOLA DR STE 1 ENOLA, PA 7elephone: (717 ) 728-280$ 17025 ATTORNEY DEF PRIVATE : MIDPENN LEGAL SERVICES GRACE D'ALO,ESQ 401 E. LOUTHSR ST CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rSUSQUEHANNA VIEW APTS 208 SENATE AVENUE CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rSHARTZER, CATHY 208 SENATE AVENUE APT/STE 701 CAMP HILL, PA 17011 L J Docket No.: LT-0000125-08 Date Filed: 5/07/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P ] Judgment was entered for: (Name) SUSQUEHANNA VIEW APTS Judgment was entered against SHARTZER CATHY in a ® Landlord/Tenant action in the amount of $ 106.00 on 6/30/08 (Date of Judgment) The amount of rent per month; as established by the Magisterial District Judge, is $ 185.00. The total amount of the Security Deposit is $ 50.00 $Adjudicated Amount Total! Amount Established by MDJOLOess • Security Deposit Applii0ed _ = .00 Rent in Arrears $ 00_$ -00= Physical Damages Leasehold Property $ . _ 00- Damages/Unjust Detention $ _ 00 $ Less Amt Due Defendant from Cross Complaint - interest (if provided by lease) UT Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees This case dismissed without prejudice. Total Judgment ® Possession granted. 0 Possession granted if money judgment F] Possession not granted. IN AN ACTION INVOLVING A RESIDE TEN DAYS AFTER THE DATE OF ENTRY OF THE COURT OF COMMON PLEAS, CI' ORDER TO OBTAIN A SUPERSEDEAS, T THREE MONTHS RENT OR THE RENT All IF A PARTY WISHES TO APPEAL ONL 30 DAYS AFTER THE DATE OF ENTRY C COURTS OF THE COURT OF COMMON F THE PARTY FILING AN APPEAL MUS EXCEPT AS OTHERWISE PROVIDED IN' HOLDER ELECTS TO ENTER THE JUDGI OF COMMON PLEAS AND NO FURTHER UNLESS THE JUDGMENT IS ENTERE A REQUEST FOR ENTRY OF SATISFACI SETTLES, OR OTHERWISE COMPLIES V JUN 3 0 2008 Date certl v that is is a true an Post Judgment Credits Post Judgment Costs Certified Judgment Total $ _00 $ .00 $ _00 $ _00 $ 106.00 $ _00 $ 106.00 R Defendants are jointly and severally liable. 1AL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN iF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS L DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN E APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF DUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF EAS, CIVIL DIVISION. INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. iE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT ENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT IROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE ON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, TH THE JUDGMENT. copy Date My commission ezDires first Monday of January, 2012 District , Magisterial District Judge SEAL Susquehanna View Apts.'. 208 Senate Avenue Camp Hill, PA 17011 Plaintiff V. Shartzer, Cathy 208 Senate Avenue Apt 701 Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r , No. -3 ?F 74 IN CIVIL ACTION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Cathy Shartzer to proceed in forma pauperis. I, Grace E. D'Alo, Esq., the attorney for the party proceeding in forma paupers, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: ce . D'Alo, Esq. PENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 26146 trsa +C?' ..? --t W UUMMUNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C, '?µe.?k??p NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL b?3o ??8 s'u©u k ? v sw tiers xru n?-ff y DOCKET No. st TURE OF APPELLANT OR ATTORNEY OR AGENT LT- Oo fz=5``? This block will 'sigged ONLY when Is ation is required under Pa. if appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. r3B. This Notice of " L when received by the Di Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSED _ fie judgment for postaessll in is case. (20) days after filing the NOTICE of APPEAL. I k yur . ?/ 01 T $gMft" ary or uty OR PrE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon SuSQw E RAA1t1 V?f,W a ppellee(s), to file a complaint in this appeal Hlame of appellee(s) (Common Pleas No. OeF' ::3971p within twenty (20) days aftezt tse of rule or suffer entry of judgme of non pros. t, l Signature of appellant or attorney or agent RULE: To `r?auFR?!??/k VyEW WS , appellee(s) Name of appellee(s) (1) You are-Adtl?f`ie 3?TUle is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule.?n you by, p p lat&0rvice or by certified or registered mail. (2? , If?rou do not file 0-complaint. ° hin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. `N ( date of servtc*'6f this.r'0M service was by mail is the date of the mailing. Date's ,3 " 1 G?tl. ?' ?/r•' .-- t ,+ +-? Signature ofProth a or Deputy w YOU Al?J,FT J1(CLUOE AQaY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. - - PROOF OF SiERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (94)' DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 614,11g&,'Np ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas -3`l,.6 upon the District Justice designated therein on (date of service) 1'u i_-1 :? , 20o$ , 0 by personal service V by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) "prv6mT4 on 2009 ? by personal service )dd by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (A FIRMED) AN SUBS RIBED BEFORE ME THIS DAY OF Z 0 © . Sign tm of oftial be* whom afl4d was made RWA/ w f4fS Signature ofafftant psto i° N ors s!'S+4 4w? TttleofotAdal' W k• 20 My commission expires on Y 5 i a Mtt.tlr i M y Coverage Providtc ru ., Ln r„ CerttPed Fs (U _ _._ ._•-._. F turn Receipt F,? 7 ti ?! C3 (Endor ementRequire i l CO - --. __--- - .? Fr C7 , Rastri ted Delivery Fee \ 'r C] (Endor: amen Required; ru W Total oostage & Fee:. = C3 Sera To ,- ? MDJ J? tfi t p wrI p Sheot, R, A. No.; c, ?i r or PQBcrNo. l6 V? ??, s(?z. -? ------------------------------------------ City, Statr, ZIP+4 --- 6 F ?? (?„r s - I:N a Certified Mail Provides: a A mailing receipt u A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years important Reminders: a Certified Mail may ONLY be combined with First-Class Mailo or Priority Mailke.. s Certified Mail is not available for any class of intemational mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified Mail receipt is required, a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery". s if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 lil l {e tau , ?'?, ,r I • ' r G ' r c tr.s? 1 f %? O •i ut t 5S 1 TI { :-Y:+D't Fi ^? •.-?.'Oet[na(Ii t O (tine a ien =ierltire'j c1 €tez 4.t 10, boo y Fco C1 (End sel em =e:uve.11 rA Tot 18. Fee: .7 . S to 0 r` Sent-r , s4ree; iii }?p ..-•_--....._---f._._..... ....................................... or PC 4). Vo 36,7 sr,dlr,? 4v&1wri? - ....--- -------..-------..._-- CHy :'a kq ZIP 4 Certified Moil Provides: a A mailing receipt IN A unique identifier for your mailpiede IN A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails, a Certified Mail is not available for any class of international mail.. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider insured or Registered Mail. • For an additional fee, a Return R may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailplece"Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. s For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the maNpiece with the endorsement "Restricted W1very". a If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. Pit a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL:JCUNNINGHAMnddCCLA WPC. COM SUSQUEHANNA VIEW IN THE COURT OF COMMON PLEAS APARTMENTS, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 2008-3976 CATHY SHARTZER, CIVIL ACTION-LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan rods adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin rods aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 ii JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAILWUNNINGHAMnCCLAWPC COM SUSQUEHANNA VIEW APARTMENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CATHY SHARTZER, Defendant NO. 2008-3976 CIVIL ACTION-LAW COMPLAINT AND NOW, comes the Plaintiff, Susquehanna View Apartments, by and through its counsel, Cunningham & Chernicoff, P.C., who files this Complaint in Ejectment and in Assumpsit, action at law and in support thereof, make the following averments: The Plaintiff, Susquehanna View Apartments (hereinafter referred to as "Plaintiff'), is a Pennsylvania Limited Partnership, registered with the Department of State, and has a principal office located at 208 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Cathy Shartzer (hereinafter referred to as "Defendant"), is an adult individual who resides at 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiff's cause of action, the Plaintiff has been the legal owner of the land and the building in which the Defendant resides. 4. On or about December 19, 2007, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff a residential apartment, 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on February 1, 2008 and ending on February 29, 2008, after which initial term the lease continued on successive terms of one (1) month each. Defendant occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Lease Agreement for 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania is attached hereto, made part hereof and is marked as Plaintiff's Exhibit "P-1 ". 5. Defendant agreed to abide by the following terms of the Lease Agreement in regards to maintaining her apartment unit in a clean, sanitary, and uncluttered manner: 10. Maintenance: b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of the project; 2 (4) not destroy, deface, damage or remove any part of the unit, common area, or project grounds; (5) give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; and (6) remove garbage and other waste from the unit in a clean and safe manner. 6. Defendant failed to keep and/or maintain her apartment unit in a clean, sanitary, and uncluttered manner in the following ways and on or about the following dates: a. September 5, 2006: during a routine inspection of Defendant's apartment, management found the carpets throughout the apartment unit were not being maintained and were in a dirty condition in need of maintenance (i.e.: vacuuming); the kitchen and bathroom was dirty (i.e.: counters and floor needed to be swept and cleaned); and cigarette burns, which not only damage the apartment unit but pose a heath, safety, and welfare threat to other tenants, were found in the apartment unit. b. October 25.2007: during a routine inspection of Defendant's apartment, management personnel found damage to walls, doors, and carpet throughout the apartment unit, as well as to the kitchen cabinets. Defendant had not previously reported the damage to management. Food debris, trash, and other items were on the floors and there was an intense odor throughout the apartment unit. C. October 26, 2007: pursuant to Defendant's live-in aide's request, management personnel returned to re-inspect the apartment unit. The floors throughout the apartment unit were still in a dirty condition, in need of maintenance (i.e.: vacuuming, sweeping, and/or mopping); the kitchen was still dirty; and the strong odor was still present throughout the apartment unit. d. November 2, 2007: during management personnel's housekeeping inspections during the week of October 23, 2007, Defendant's apartment unit was found to be in a cluttered, dirty, and unsanitary conditions. December 14, 2007: during management personnel's housekeeping inspection of Defendant's apartment unit, it was found to be in a cluttered, dirty, and unsanitary conditions. 7. Defendant agreed to abide by the following terms of the Lease Agreement in regards to noninterference and/or not to harass other tenants and management: 13.General Restrictions:... b. use the unit for unlawful purposes; engage in or permit unlawful activities in the unit, in the common areas or on the project grounds; e. make or permit noises or acts that will disturb the rights or comfort of neighbors.... 8. Defendant, her household members, or guests (persons under her control) has repeatedly violated other tenants' right to the peaceful enjoyment of their apartments and/or the common areas of the apartment complex by making, or permitting to be made, excessive noise and other acts of verbal harassment directed towards other tenants. Defendant, her household 4 members, and/or guests (persons under her control) engaged in such acts and/or actions on or about the following dates and in the following manners: a. February 9, 2006: Defendant was advised by Plaintiff's agent that the site office had received an extraordinary amount of noise complaints from other tenants regarding Defendant's guest talking loudly, stomping, and making other loud noises in her apartment and in the common areas (i.e.: hallway) of the apartment complex during the evening and early morning hours. There acts and/or actions disturb other tenants' right to the quiet enjoyment of the premises. b. May 1, 2006: Plaintiff's agent advised Defendant that other tenants had registered noise complaints against Defendant, her household members, and/or guest due to the excessive noise level (i.e.: granddaughter screaming loudly in the hallway at approximately 9:30 p.m. on April 30, 2006. This act and/or action disturbs other tenants' right to the quiet enjoyment of the premises. C. May 24, 2006: Plaintiff's agent advised Defendant that other tenants had registered noise complaints against Defendant, her household members, and/or guest due to the excessive noise level (i.e.: guests screaming loudly and running in the hallway beginning at approximately 8:00 p.m. and continuing until after midnight on May 21, 2006.) These acts and/or actions disturb other tenants' right to the quiet enjoyment of the premises. 5 d. June 19, 2006: Defendant, her household members, and/or guests (persons under Defendant's control) engaged in behaviors which caused undue to the noise levels in the common areas (i.e.: hallway) of the apartment complex by running and stomping during the evening hours of June 19, 2006. These acts and/or actions disturb other tenants' right to the quiet enjoyment of the premises. e. November 21, 2006: Defendant, her household members, and/or guests (persons under Defendant's control) engaged in behaviors which caused undue to the noise levels in the common areas (i.e.: hallway) of the apartment complex by running and stomping during the evening hours of November 21, 2006. These acts and/or actions disturb other tenants' right to the quiet enjoyment of the premises. f. September 6, 2007: Defendant, her household members, and/or guests (persons under Defendant's control) engaged in behaviors which caused other tenants to feel harassed and/or threatened. These acts and/or actions disturb other tenants' right to the quiet enjoyment of the premises. 9. Defendant agreed to abide by the terms of Paragraphs 3 and 5 of the Lease Agreement regarding the timely payment of rent which rent is due on the first day of the month and no later than the fifth day of the month. 6 10. In November of 2007, Defendant failed to pay her rent until November 9, 2007. 11. Defendant agreed to abide by the following terms of the Lease Agreement regarding having pets of any kind in the apartment complex: 13. General Restrictions... d. have pets or animals of any kind in the unit without the prior written permission of the Landlord,... 12. Defendant, her household members, or guests (persons under her control) have repeatedly violated the Plaintiff's Pet Policy in the following manner on or about the following dates: a. February 9.2006: Management received numerous complaints of Defendant, her household members, and/or her guests (persons under Defendant's control) permitting a dog into the complex. COUNT I - IN EJECTMENT 13. Plaintiff incorporates Paragraphs 1 through 12 of the Complaint as if more fully set forth herein. 14. The Plaintiff's agent, Kristen Leach, after a review of the Defendant's rental history, reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement as the result of the following: a. Defendant's repeated failure to keep your apartment unit in a clean, sanitary and uncluttered condition. During routine housekeeping inspections, on multiple dates, Defendant's apartment was found to be in a 7 dirty, unsanitary and cluttered condition despite repeated infraction notices. These acts and/or actions are in violation of Paragraph(s) 10(b)(1); 10(b)(3); 10(b)(4) and 10(b)(6) of the lease agreement; Paragraph(s) 22; 23; 26(2) of the Rules and Regulations of the apartment complex; all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. b. Defendant, Defendant's household members, Defendant's live-in aid, and/or Defendant's guests, persons under her control, have repeated violated other tenants' right to the peaceful enjoyment of their apartments and the common areas of the apartment complex by making, or permitting to be made, excessive noise both within Defendant's apartment unit and in the common areas and by verbally harassing other tenants in the common areas of the apartment complex. These acts and/or actions are in violation of Paragraph(s) 13(e) of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non- compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act; 8 C. Defendant's failure to pay rent in a timely manner for the month of November 2007 in violation of Paragraph 3 of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. d. Defendant has allowed her guest(s), person(s) under her control, to bring a dog into the apartment complex without prior approval of management. This incident is in violation of Paragraph(s) 24 of the lease agreement, and Paragraph(s) 18 of the Rules and Regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. 15. The Plaintiff has not defaulted in its responsibility to provide a habitable premises to the Defendant and is of the opinion and therefore avers that the premises being occupied by the Defendant is in such a state as not to violate the implied warranty of habitability owed by the Plaintiff to the Defendant. 9 16. On March 18, 2008, Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Proposed Notice to Quit. The Proposed Notice to Quit was served by personal service. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is marked as Plaintiff's Exhibit "P-2". 17. On March 28, 2008, Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Final Notice to Quit. The Final Notice to Quit was served by personal service. A true and correct copy of the Final Notice to Quit is attached hereto, made part hereof and is marked as Plaintiff's Exhibit "P-3". 18. The terms of the Lease Agreement in Paragraph 23(c), in part, provide for the following: 23. TERMINATION OF TENANCY: (c): The Landlord may terminate this Agreement for the following reasons: (1): the Resident's material noncompliance with the terms of this Agreement; (2) the Resident's material failure to carry out obligations under any State Landlord and Tenant Act; or (3) drug related criminal activities engage in on or near the premises, by an resident, household member, or guest, and any such activity engaged in on the premises by any person under the Residents control;... (6): criminal activity by a resident, any member of the resident's household, a guest or another person under the resident's control: 10 (a): that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or (b): that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; 19. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and continues to remain in possession of said apartment. WHEREFORE, Plaintiff demands entry of judgment against the Defendant, Cathy Shartzer, and in favor of the Plaintiff, Susquehanna View Apartments, with regard to the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of Susquehanna View Apartments and the Pennsylvania Landlord and Tenant Act; and Plaintiff demands it be granted possession of 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania, together with costs. COUNT II - IN ASSUMPSIT 20. Plaintiff incorporates by reference Paragraphs 1 through 19 of the Complaint as if more fully set forth herein. 21. Defendant's rent, as of the date of this pleading, is in part subsidized by the federal government. Defendant's share of the monthly rent is One Hundred Ninety-five and 00/100 Dollars ($195.00) per month. 11 22. During the pendency of this litigation, rent may accrue as a result in a change in Defendant's income and if there is a modification of rent, rent due and owing may accrue. 23. During the pendency of this litigation, Defendant may cause or allow to be caused physical damage to the apartment. Defendant may or may not pay Plaintiff the cost to repair such damage. 24. In that event, Defendant fails to pay rent or fails to pay for physical damages to the apartment during the pendency of this litigation, Plaintiff seeks payment of rent and damages, if any, due and owing until the conclusion of this litigation. WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiff in the amount equal any unpaid rent and/or unpaid damages, if any, from the date of filing of this Complaint to the conclusion of this litigation and the cost of damage to the apartment unit, if any, caused by Defendant during the pendency of this litigation, together with costs and interest. Respectfully submitted, CHERNICOFF, P.C. By: ArdffryD. Cunningham, Esquire PA I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff Dated: July A 2008 F:\Home\AHEWITT\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\COMPLAINT 072908.wpd 12 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein an made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. C??& - Kristen Leach Site Manager Dated: 2--Zc-?-Ck? Exhibit "P-1 " Elderly/Disabled MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parties and Dwelling The parties to this Agreement are Sus quehanna View Apartments Unit: referred to as the Landlord, and Cathy Shartzer, referred to as the Tenant. The Landlord leases to th T e enant(S) unit number 701, located at 208 Senate Ave Camp Hill, PA 17011 in the project know n as Susquehanna View Apts. 2. Length of Time (Term): The initial term of this Agreement shall begin 2 on _ /1/2008_ and end on 2/29/2008. After the initi l a term ends, the Agreement will continue for successive terms of one Month each unless automaticall t i y erm nated as permitted by paragraph 23 of this Agreement. 3. Rent: The Tenant agrees to a $N/Afor t t month ending on N/A. After that, Tenant agrees to pay a rent of $N/A per month. This amount is du e on the 1st day of the month at the management office. The Tenant understands that this monthly rent is less than the. market (unsubsidized) rent due on this unit. This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) and/or because HUD makes monthly payments to the Landlord on behalf of the Tenant. The amount, if any, that HUD makes available monthly on behalf of the Tenant is called the tenant assistance payment and is shown on the "Assistance Payment" line of the **Owner'`s Certification of Compliance with HUD'-s Tenant Eligibility and Rend Procedures*t form which is Attachment No. I to this Agreement. 4. Changes in the The Tenant agrees that the amount of rent the Tenant's Share Tenant pays and/or the amount of assistance that of the Rent: HUD pays on behalf of the Tenant may during the term of this Agreement if:be changed a. HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUD procedures, that an increase in rents is needed; b. HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenant's share of the rent; c. the income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change; d. changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination procedures; e. HUD's procedures for computing the Tenant's assistance payment or rent change; or f. the Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the time frames and administrative procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant's rent except as noted in paragraphs 11, 15 or 17. The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons for the change in rent. The Notice will also advise the Tenant that he/she may meet with the Landlord to discuss the rent change. 5. Charges for Late If the Tenant does not pay the full amount of Payments and the rent shown in paragraph 3 by the end of Returned Checks: the 5th day of the month, the Landlord may Collect a fee of $5 on the 6th day of the month. Thereafter, the Landlord may collect $1 for each additional day the rent remains unpaid during the month it is due. The Landlord may not terminate this Agreement for failure to pay late charges, but may terminate this Agreement for non-payment of rent, as explained in paragraph 23. The Landlord may collect a fee of $25.00 on the second or any additional time a check is not honored for payment (bounces). The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. Condition of By signing this Agreement, the Tenant Dwelling acknowledges that the unit is safe, clean and Unit in good condition. The Tenant agrees that all Appliances and equipment in the unit are in good working order, except as described on the Unit Inspection Report which is Attachment No. 2 to this Agreement. The Tenant also agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit, except as listed on the Unit Inspection Report. 7. Charges for The following charts describe how the cost of Utilities and utilities and services related to occupancy Services: of the unit will be paid. The Tenant agrees that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Tenant. 6/07 Page 2 of 15 Q OI.MYNIII a. The Tenant must pay for the utilities in column (1). Payments should be made directly to the appropriate utility company. The items in column (2) are included in the Tenant's rent. (1) Put "x" by any Type of Utility Tenant Utility pays directly Heat Lights, Electric Cooking Water Other (Specify.) (2) Put "x" by any Utility Included in Tenant Rent X X X X b. The Tenant agrees to pay the Landlord the amount shown in column (3) on the date the rent is due. The Landlord certifies that HUD had authorized him/her to collect the type of charges shown in column (3) and that the amounts shown in column (3) do not exceed the amounts authorized by HUD. (3) Show $ Amount Tenant Pays to Landlord in Addition to Rent Parking $0.00 Other (Specify.) 8. Security Deposits: The Tenant has deposited $N/A with the Landlord. The Landlord will hold this security deposit for the period the Tenant occupies the unit. After the Tenant has moved from the unit, the Landlord will determine whether the Tenant is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures. a. The Tenant will be eligible for a refund of the security Deposit only if the Tenant provided the Landlord with the 30-day written notice of intent to move required by paragraph 23, unless the Tenant was unable to give the notice for reasons beyond his/her control. 0607 Page 3 of 15 b. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection, if the Tenant so requests. C. The Landlord will refund to the Tenant the amount of the security deposit plus interest computed at 1.39%, beginning 3 years from move in month less any amount needed to pay the cost of: (1) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report; (3) charges for late payment of rent and returned checks, as described in paragraph 5; and (4) charges for unreturned keys, as described in paragraph 9. d. The Landlord agrees to refund the amount computed in paragraph Bc within 30 days after the Tenant has permanently moved out of the unit, returned possession of the unit to the Landlord, and given his/her new address to the Landlord. The Landlord will also give the Tenant a written list of charges that was subtracted from the deposit. If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. e. If the unit is rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Landlord may pay the refund to any Tenant identified in Paragraph 1 of this Agreement. f. The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with paragraph 11. 9. Keys and Locks: The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the Landlord. If the Landlord approves the Tenant's request to install such locks, the Tenant agrees to provide the Landlord with a key for each lock. When this Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant $ 5.00 for each key not returned. 10. Maintenance: 6/07 Page 4 of 15 -? a. The Landlord agrees to: (1) regularly clean all common areas of the project; (2) maintain the common areas and facilities in a safe condition; (3) arrange for collection and removal of trash and garbage; (4) maintain all equipment and appliances in safe and working order; (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighting in good working order; (7) provide extermination services, as necessary; and (8) maintain grounds and shrubs. b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of the project; (4) not destroy, deface, damage or remove any part of the unit, common areas, or project grounds; (5) give the Landlord prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; and (6) remove garbage and other waste from the unit in a clean and safe manner. 11. Damages: Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family or visitors, the Tenant agrees to pay: a. the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges; and b. rent for the period the unit is damaged whether or not the unit is habitable. The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUD-approved market rent rather than the Tenant rent shown in paragraph 3 of this agreement. 12. Restrictions on No alteration, addition, or improvements shall 06/07 Page 5 of 15 IL C7? ? 7 e? Alterations: be made in or to the premises without the prior consent of the Landlord in writing. The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenant's disability, including making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas. The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlord's program or which would pose a substantial financial and administrative hardship. See the regulations at 24 CFR Part 8. In addition, if a requested structural modification does pose a substantial financial and administrative hardship, the Landlord must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act. 13. General The Tenant must live in the unit and the Restrictions: unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the **0}'s Qertification of Compliance-With HpD'.s Tenant El"igibility and Rent Proc'edures,= Attachment 1**. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to: a. sublet or assign the unit, or any part of the unit; b. use the unit for unlawful purposes; c. engage in or permit unlawful activities in the unit, in the common areas or on the project grounds; d. have pets or animals of any kind in the unit without the prior written permission of the Landlord, but the landlord will allow the tenant to keep an animal needed as a reasonable accommodation to the tenant's disability, and will allow animals to accompany visitors with disabilities who need such animals as an accommodation to their disabilities; or e. make or permit noises or acts that will disturb the rights or comfort of neighbors. The Tenant agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors. 14. Rules: The Tenant agrees to obey the House Rules which are Attachment No. 3 to this Agreement. The tenant agrees to obey additional rules established after the effective date of this Agreement if: a. the rules are reasonably related to the safety, care and 6/07 Page 6 of 15^•? cleanliness of the building and the safety, comfort and convenience of the Tenants; and b. the Tenant receives written notice of the proposed rule at least 30 days before the rule is enforced. 15. Regularly Scheduled Every year around the 10th day of your move in month, Recertifications: the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply any other information required by HUD for the purposes of determining the Tenant's rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request. The Landlord will verify the information supplied by the Tenant and use the verified information to recompute the amount of the Tenant's rent and assistance payment, if any. a. If the Tenant does not submit the required recertification information by the date specified in the Landlord's request, the Landlord may impose the following penalties. The Landlord may implement these penalties only in accordance with the administrative procedures and time frames specified in HUD's regulations, handbooks and instructions related to the administration of multifamily subsidy programs. (1) Require the Tenant to pay the higher, HUD-approved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the 30-day notice otherwise required by paragraph 4 of this Agreement. b. The Tenant may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment, if any, were computed. 16. Reporting Changes Between Regularly Scheduled Recertifications: a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately. (1) Any household member moves out of the unit. (2) An adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment. 06/07 Page 7 of 15 _L 7 (3) The household's income cumulatively increases by $200 or more a month. b. The Tenant may report any decrease in income or any change in other factors considered in calculating the tenant's rent. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month, the Landlord will verify the information and make the appropriate rent reduction. However, if the Tenant's income will be partially or fully restored within two months, the Landlord may delay the certification process until the new income is known, but the rent reduction will be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process. The Tenant has thirty days after receiving written notice of any rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent. (Revised 3/22/89) C. If the Tenant does not advise the Landlord of these interim changes, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The Tenant may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment, if any, was computed. 17. Removal of Subsidy: The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items 1 or 2 below occur. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (1) below, the Tenant will be required to pay the HUD-approved market rent for the unit. (1)The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment. 6/07 Page 8 of 15 ~e."? (2)The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment 1. b. The Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten calendar days following the date of the notice, he/she may request to meet with the Landlord to discuss the proposed termination of assistance. If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant. C. Termination of assistance shall not affect the Tenant's other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available. 18. Tenant If the tenant submits false information on Obligation any application, certification or request To Repay: for interim adjustment or does not report interim changes in family income or other factors as required by paragraph 16 of this Agreement, and as a result, is charged a rent less than the amount required by HUD's rent formulas, the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was charged. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments. 19. Size of The Tenant understands that HUD requires the Dwelling Landlord to assign units **in, accordance with-,the LaA ord.';S written occupancy standards These standards- include considerat.'on':-of unit , size rel ationsn p d f 4miTyr members,; ,agq and ss oil family members and, fami.y, preference..,** If the Tenant is or becomes eligible for a different size unit, and the required size unit becomes available, the Tenant agrees to: a. move within 30 days after the Landlord notifies him/her that unit of the required size is available within the project; or b. remain in the same unit and pay the HUD-approved market rent. 20. "Access by Landlord: a. The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving 06/07 Page 9 of 15 7 C7? the Tenant's consent to do so, except when urgency situations make such notices impossible or except under paragraph (c) below. b: The Tenant consents ad-vance to the following entries-into the' unite (i) The tenant agrees to permit the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit for the purpose of making reasonable repairs and periodic inspections. (ii) After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours.** c. If the Tenant moves before this Agreement ends, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy. 21. Discrimination The Landlord agrees not to discriminate Prohibited: based upon race, color, religion, creed, National origin, sex, age, familial status, and disability. 22. Change in Rental Agreement: The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new Agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective date of the change. The Tenant may accept the changed terms and conditions by signing the new Agreement or the amendment to the existing Agreement and returning it to the Landlord. The Tenant may reject the changed terms and conditions by giving the Landlord written notice that he/she intends to terminate the tenancy. The Tenant must give such notice at least 30 days before the proposed change will go into effect. If the Tenant does not accept the amended agreement , the Landlord may require the Tenant to move from the project, as provided in paragraph 23. 23. Termination of Tenancy: a. To terminate this Agreement, the Tenant must give the Landlord 30-days written notice before moving from the unit.** 6/07n Page 10 of 15 b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, State and local law, and the terms of this Agreement. C. The Landlord may terminate this Agreement for the following reasons: 1. the Tenant's material noncompliance with the terms of this Agreement; 2. the Tenant's material failure to carry out obligations under any State Landlord and Tenant Act; 3. drug related criminal activity engaged in on or near the premises, by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control; 9. determination made by the Landlord that a household member is illegally using a drug; 5. determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; 6. criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control: (a) that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; 06/07 7. if the tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that in the case of the State of New Jersey, is a high misdemeanor; 8. if the tenant is violating a condition of probation or parole under Federal or State law; 9. determination made by the Landlord that a household member's abuse or pattern of abuse of alcohol threatens Page 11 of 15 (? 7 the health, safety, or right to peaceful enjoyment of the premises by other residents if the Landlord determines that the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant's household, a guest or another person under the tenant's control has been arrested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause, which includes, but is not limited to, the tenant's refusal to accept change to this agreement. Terminations for "other good cause" may only be effective as of the end of any initial or successive term. The term material noncompliance with the lease includes: (1) one or more substantial violations of the lease; (2) repeated minor violations of the lease that (a) disrupt the livability of the project; (b) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment to the leased premises and related project facilities, (c) interfere with the management of the project, or (d) have an adverse financial effect on the project (3) failure of the tenant to timely supply all required information on the income and composition, or eligibility factors, of the tenant household (including, but not limited to, failure to meet the disclosure and verification requirements for Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), and (4) non-payment of rent or any other financial obligation due under the lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation. e. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination. If the Landlord is terminating this agreement for "other good cause," the termination notice must be mailed to the Tenant and hand- delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements. Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law. Any HUD-required notice period may run concurrently with any notice period required by State or local law. All termination notices must: • specify the date this Agreement will be terminated; state the grounds for termination with enough detail for the Tenant to prepare a defense; 6/07 Page 12 of 15 L Q advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the Landlord. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed. If the Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant; and • advise the Tenant of his/her right to defend the action in court. f. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e. 24. The TENANT is permitted to keep common household pets in his/her dwelling unit (subject to the provisions in 24 CFR Part 5 and the pet rules promulgated under 24 CFR Part 5). Any pet rules promulgated by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or termination of the TENANT's (pet owner's) tenancy (or both), in accordance with the provisions of 24 CFR Part 5 and applicable regulations and State or local law. These regulations include 24 CFR Part 5 (Evictions From Certain Subsidized and HUD-Owned Projects) and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assistance payments programs: Note: The Part 5 Pet Rules do not apply to an animal used by a Tenant or visitor that is needed as a reasonable accommodation for the Tenant or visitor's disability. Optional: The LANDLORD may after reasonable notice to the TENANT and during reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the LANDLORD has received a signed, written complaint alleging (or the LANDLORD has reasonable grounds to believe) that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. If there is no State or local authority (or designated agent of such an authority) authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the LANDLORD may enter the premises (if necessary), remove the pet, and take such action with respect to the pet as may be permissible under State and local law, which may include placing it in a facility that will provide care and shelter for a period not to exceed 30 days. The LANDLORD shall enter the premises and remove the pet or take such other permissible action only if the LANDLORD 06/07 Page 13 of 15 requests the TENANT (pet owner) to remove the pet from the project immediately, and the TENANT (pet owner) refuses to do so, or if the LANDLORD is unable to contact the TENANT (pet owner) to make a removal request. The cost of the animal care facility shall be paid as provided in 24 CFR Part 5. 25. Hazards: The Tenant shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. Such action constitutes a material non-compliance. If the unit is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. 26. Penalties for Knowingly giving the Landlord false Submitting False information regarding income or other Information: factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject to termination of tenancy. In addition, the Tenant could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years. 27. Contents of this This Agreement and its Attachments make Agreement: up the entire agreement between the Landlord and the Tenant regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. 28. Attachments to The Tenant certifies that he/she has the Agreement: received a copy of this Agreement and the following Attachments to this Agreement and understands that these Attachments are part of this Agreement. a. Attachment No. 1 ca -ion of Compliance with HUD.!s Tenant Elig b kity:,an?i Rent Procedures, form HUD-5.0059** b. Attachment No. 2 - Unit Inspection Report b. Attachment No. 3 - House Rules (if any). c. Attachment No. 4 - Pet Rules 29. Tenants' rights to organize: Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities 6/07 Page 14 of 15 °? related to the establishment or operation of a tenant organization set out in accordance with HUD requirements. 30. Tenant Income Verification: The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 31. The lease agreement will terminate automatically, if the Section 8 Housing Assistance contract terminates for any reason. 32. Signatures: TENANT BY: (Io Date Signed 2. Date Signed 3. LANDLORD Date Signed BY. % / /I / d Date Signed 06/07 Page 15 of 15 Q 7 Exhibit `P-2" PROPOSED NOTICE TO QUIT TO: Cathy Shartzer 208 Senate Avenue Apartment No. 701 Camp Hill, PA 17011 DATE: March 18, 2008 YOU ARE HEREBY NOTIFIED that as of this date, the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Susquehanna View Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial and/or minor violations of the lease agreement are as follows: (1) Your repeated failure to keep your apartment unit in a clean, sanitary and uncluttered condition. During routine housekeeping inspections, your apartment has been found to be in a dirty, unsanitary and cluttered condition despite repeated infraction notices. Management has found your apartment unit to be in a dirty and/or damaged condition on the following dates: a. September 12, 2006; b. October 25, 2007; C. October 26, 2007; d. November 2, 2007; e. November 16, 2007; and f. December 14, 2007. These incidents are in violation of Paragraph(s) 10(b)(1); 10(b)(3); 10(b)(4) and 10(b)(6) of the lease agreement, and Paragraph(s) 22; 23; 26(2) of the Rules and Regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. • 0 (2) Your guest and/or live-in aid, persons under your control, have repeated violated other tenants' right to the peaceful enjoyment of their apartments and the common areas of the apartment complex by making, or permitting to be made, excessive noise both within your apartment unit and in the common areas and by verbally harassing other tenants in the common areas of the apartment complex. These violations and infractions have occurred on the following dates: a. February 9, 2006; b. May 1, 2006; C. May 24, 2006; d. June 20, 2006; e. August 7, 2006; f. November 3, 2006; g. November 21, 2006; and h. September 6, 2007. This incident is in violation of Paragraph(s) 13(e) of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non- compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-] (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (3) Your failure to pay rent in a timely manner for the month of November 6, 2007. This incident is in violation of Paragraph(s) 3 of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (4) You have allowed your guest(s), person(s) under your control, to bring a dog into the apartment complex without prior approval of management. This incident is in violation of Paragraph(s) 24 of the lease agreement, and Paragraph(s) 18 of the Rules and Regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. 0 0 As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the lease agreement, rules and regulations of the apartment complex, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than April 30, 2008. In the event you remain in possession of the leased unit beyond April 30, 2008, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the lease agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 4350.3, Paragraph 4-21. If a judicial proceeding for an eviction is instituted, you may, at that time, present a defense. The Department of Housing and Urban Development Regulations provide that you have ten (10) days within which to discuss this Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a letter. SUSQUEHANNA VIEW APARTMENTS BY: kn- Kristen Leach, Site Manager Served this day of March, 2008. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se to explicare. F:\Home\AHEWI'I-nDOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHAR"I-ZER, CAThiY\NOTICE TO QUIT PROPOSED.wpd 0 AFFIDAVIT OF SERVICE • The undersigned does hereby verify that he/she served this Proposed Notice to Quit by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the day of March, 2008; or By posting the Proposed Notice to Quit on the tenant's front door on the 16[Q?day of March, 2008. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Exhibit "P-3" FINAL NOTICE TO QUIT TO: Cathy Shartzer 208 Senate Avenue Apartment No. 701 Camp Hill, PA 17011 DATE: March 28, 2008 YOU ARE HEREBY NOTIFIED that as of this date, the Lease Agreement is being terminated because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Susquehanna View Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial and/or minor violation(s) of the Lease Agreement are as follows: (1) Your repeated failure to keep your apartment unit in a clean, sanitary and uncluttered condition. During routine housekeeping inspections, your apartment has been found to be in a dirty, unsanitary and cluttered condition despite repeated infraction notices. Management has found your apartment unit to be in a dirty and/or damaged condition on the following dates: a. September 12, 2006; b. October 25, 2007; C. October 26, 2007; d. November 2, 2007; e. November 16, 2007; and f. December 14, 2007. These incidents are in violation of Paragraph(s) 10(b)(1); 10(b)(3); 10(b)(4) and 10(b)(6) of the lease agreement, and Paragraph(s) 22; 23; 26(2) of the Rules and Regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (2) Your guest and/or live-in aid, persons under your control, have repeated violated other tenants' right to the peaceful enjoyment of their apartments and the common areas of the apartment complex by making, or permitting to be made, excessive noise both within your apartment unit and in the common areas and by verbally harassing other tenants in the common areas of the Page 1 of 4 • • apartment complex. These violations and infractions have occurred on the following dates: a. February 9, 2006; b. May 1, 2006; C. May 24, 2006; d. June 20, 2006; e. August 7, 2006; f. November 3, 2006; g. November 21, 2006; and h. September 6, 2007. This incident is in violation of Paragraph(s) 13(e) of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non- compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (3) Your failure to pay rent in a timely manner for the month of November 6, 2007. This incident is in violation of Paragraph(s) 3 of the lease agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (4) You have allowed your guest(s), person(s) under your control, to bring a dog into the apartment complex without prior approval of management. This incident is in violation of Paragraph(s) 24 of the lease agreement, and Paragraph(s) 18 of the Rules and Regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the lease agreement, Paragraph 8-13 of HUD Transmittal 4350.3 Rev-1 (Change 2), and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. As a result of the above acts and actions, the landlord is of' the opinion that you have breached the conditions of the Lease Agreement, rules and regulations of the apartment complex, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page 2 of 4 • • THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than April 30, 2008. In the event you remain in possession of the leased unit beyond April 30, 2008, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the Lease Agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 43 50.3, REV-1, Paragraph 4-21. If you fail to heed this Notice, and you remain in the leased unit beyond the date specified for termination herein, 1 shall be compelled to proceed against you as the law directs. To enforce the termination of the Lease Agreement, I shall be required to initiate a judicial action as required by HUD Transmittal 4350.3, REV-1, Paragraph 8-13. If a judicial proceeding for an eviction is instituted, you may at that time present a defense. SUSQUEHANNA VIEW APARTMENTS By: r Kristen Leach, Site Manager Served thisilay of March, 2008. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se to explicare. F:\Home\AHEWI"rl'\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\NO"17CE 7'O QU17'FINAL.wpd Page 3 of 4 AFFIDAVIT OF SERVICE • The undersigned does hereby verify that he/she served this Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the __ day of March, 2008; or KPB? ting the Final Notice to Quit on the tenant's front door on the day of March, 2008. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I do hereby state that on the4? ay of July 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Grace D'Alo, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 F:\Home\AHEWITT\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\CERT OF SERVICE.wpd Legal Assistant 1 ' l ? 7y JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL:JCUNNINGHAM(Cl CCLAWPC.COM SUSQUEHANNA VIEW APARTMENTS, Plaintiff V. CATHY SHARTZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3976 CIVIL ACTION-LAW PRAECIPE TO TERMINATE SUPERSEDEAS Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by PA. R.C.P.D.J. No. 1008 for a period in excess of thirty (30) days. Dated: DC mgham, Esquire A I.D. N6.23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff FF, P.C. Upon confirmation of failure of the appellant to deposit the month rent for more than thirty (30) days, the supersedeas is terminated. aa?? Pr thon By: Deputy By: F:\Home\AHEWITT\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\PRAECIPE TO TERMINATE 081208.wpd CERTIFICATE OF SERVICE I do hereby state that on the L day of August, 2008,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Grace D'Alo, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 WHT4fe-.xw,,itttt Legal Assistant F:\Home\AHEWITT\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\CERT OF SERVICE.wpd C C rNo 0 C= [ 2: rn r'