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HomeMy WebLinkAbout08-4566JORDAN 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(&CCLAWPC.COM SUSQUEHANNA VIEW IN THE COURT OF COMMON PLEAS APARTMENTS, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA OLU?L V. NO. C-5 S-? HUGH WILLIAMS, 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 mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despuds 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 mds 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 0 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 0 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 EMAIL:JCUNNINGHAM e,,CCLAWPC.COM SUSQUEHANNA VIEW IN THE COURT OF COMMON PLEAS APARTMENTS, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 5-6 6 C ?v; HUGH WILLIAMS, CIVIL ACTION-LAW Defendant 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: 1. 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, Hugh Williams (hereinafter referred to as "Defendant"), is an adult individual who resides as a live-in aide 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 June 18, 2007, Defendant executed a Live-In Aide/Attendant Agreement by the terms of which the Defendant resides in the Plaintiff's residential apartment, 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania. A true and correct copy of the Live-In Aide/Attendant 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-V. 5. The Live-In Aide/Attendant Agreement is a license for residence and not a lease. 6. Defendant agreed to abide by the terms of the House Rules and Regulations in regards to his residency at 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania and specifically acknowledged that he was not a tenant. 7. Defendant, pursuant to the Live-In Aide/Attendant Agreement, merely has a license to occupy the property or, in the alternative, is a tenant at sufferance. The Plaintiff's agent, Kristen Leach, after a review of the Defendant's residential history, reached a decision to terminate the Defendant's Live-In Aide/Attendant Agreement as the result of the following: a. Defendant's violation of the terms of the House Rules and Regulations which he agreed to abide by; 2 b. Defendant's numerous baseless allegations to the police of theft by apartment complex personnel and his numerous baseless allegations to the police of improper entry into the apartment by apartment complex staff, all of which causes an inordinate amount of work for the site manager and staff, which interferes with the management of the complex; and c. Defendant's comments and actions in the common areas of the apartment complex alleging managements' alleged improper actions which have had an adverse financial affect on the apartment complex and disturbing the right of tenants to the quiet enjoyment of their leased premises. 9. 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. 10. On July 8, 2008, Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Notice to Quit. The 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". 11. The terms of the Live-In Aide/Attendant Agreement, executed by the Defendant on June 18, 2007, specifically provides that "I (Defendant Hugh Williams) further understand that Management has the legal right to evict me from the unit should I violate any of the House Rules and Regulations during my service to the aforementioned resident." (Emphasis in the original.) 3 12. The Defendant, although requested to do so by the Plaintiff, has refused to remove himself and his possessions from 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and continues to remain in possession of said apartment. 13. Defendant is a tenant at sufferance who has no legal right or color of legal right to remain at the residence known and numbered as 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff demands entry of judgment against the Defendant, Hugh Wiliams, and in favor of the Plaintiff, Susquehanna View Apartments, with regard to the issue of material non-compliance with the terms of the Live-In Aide/Attendant 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 14. Plaintiff incorporates by reference Paragraphs 1 through 10 of the Complaint as if more fully set forth herein. 15. 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. 4 16. In that event, Defendant fails to pay 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 to 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, CUNNINGH,514 &J?MERNICOFF, P.C. By: dPAD. Cunningham, Esquire A I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff Dated: July?,?2008 FAHom6AHEWIr?\nc S\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHrv. HUGH WILLIAMS\COMPLAINT 072908 Williams.wpd 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 are made subject to the penalties of 19 pa. C.S.A. §4904, relating to unsworn falsification to authorities. Kristen Leach Site Manager Dated: -1 - -q Exhibit "P-1 " Susquehanna View Apartments 208 Senate Ave Cemp MU, PA 17011 EQUAL MOU" OPPORTUNITY Date: W' Resident Name: Unit Number: LIVE-IN AIDE/ATTENDANT AGREEMENT 1, `? ??(\A V \ certify that I reside with for the sole purpose of providing to th are and well being of the aforementioned. 1 am in no way obligated for the financial support of the aforementioned and would not be residing in this unit for any other reason but to provide supportive care. 1 understand that I am permitted to reside in the unit for only as long as my services are required. If it is determined that my services are no longer needed, l agree to vacate the unit within fourteen (14) days of notification from Management. I further understand that Management has the legal right to evict me from the unit should I violate any of the House Rules and Regglations during my service to the aforementioned resident. Live n A esR ident! NHP MANAGEMENT CTMPANY, AGENT Manager Witness Signature Date Form No. 37 (2/1/96) Exhibit "P-2" NOTICE TO QUIT Name of Landlord: Susquehanna View Apartments Name of Tenant: Hugh Williams Leased Premises: 208 Senate Avenue, Apartment No. 701, Camp Hill, PA 17011 Date of Notice to Quit: July 8, 2008 YOU ARE HEREBY NOTIFIED that as of this date, your right to reside in the above recited apartment as a "live-in aide" is terminated because you have committed various substantial and material breaches of the "Live-In Aide/Anendant Agreement". The substantial and material breaches of the Live-In Aide/Attendant Agreement are as follows- (1) Your violation of the terms of the House Rules and Regulations which you agreed to abide by; (2) Your numerous baseless allegations to the police of theft by apartment complex personnel and your numerous baseless allegations to the police of improper entry into the apartment by apartment complex staff which interferes with the management of the complex; and (3) Your comments and actions in the common areas of the apartment complex alleging managements' alleged improper actions which have had an adverse financial affect on the apartment complex and disturbing the right of tenants to the quiet enjoyment of their leased premises. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Live-In Aide/Attendant Agreement, the provisions of the Pennsylvania Landlord Tenant Act and as a result have forfeited your right to continue residence as a "live-in aide" in Apartment No. 701. THEREFORE, YOU ARE HEREBY NOTIFIED to remove yourself and your possessions from the apartment unit in which you now reside as a live-in aide at the above address within fifteen (IS) days from the date of service of this Notice, but in no event later than July 23, 2008. In the event you remain in possession of or still reside in the leased unit beyond July 23, 2008, the date specified for termination herein, and fail to remove yourself and your possessions from Apartment Unit No. 701, the landlord will seek to enforce the termination of the Live-In Aide Agreement and secure your removal from the leased unit only by initiating a judicial action. If you fail to heed this Notice, and you and your possessions remain in the leased unit beyond the date specified for termination therein, I shall be compelled to proceed against you as the law directs. SUSQUEHANNA VIEW APARTMENTS a By: Kristen Leach, Site Manager Served thism-day of July, 2008. F;WomsMHSWrrr00CM-5\5USQVEHANNA VIEW APAATMENTSNnotics 070808,wpd AFFIDAVIT QF $ZRVICE The undersigned does hereby verify that he/she served this Notice to Quit by one of the two methods set forth below: personally handing the Notice to Quit tot the tenant or an adult person answering the door at the tenant's apartment on the day of July, 2048; or 'V B osting the Notice to Quit on the tenant's front door on the a-ay of July, 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 unworn falsification to authorities. -so I l a:_:_ x-01 i r?. 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&CCLAWPC. COM SUSQUEHANNA VIEW APARTMENTS, Plaintiff V. HUGH WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08,4/ 4,L CIVIL ACTION-LAW MOTION FOR EMERGENCY PRELIMINARY INJUNCTIVE RELIEF AND NOW comes Petitioner, Susquehanna View Apartments, by and through its counsel, Cunningham & Chernicoff, P.C., and by the within Motion for Emergency Preliminary Injunctive Relief requests the issuance of temporary injunctive relief until further Order of this Honorable Court. In support thereof, Petitioner avers as follows: INTRODUCTION 1. Petitioners bring this Motion for Preliminary Injunctive Relief pursuant to Pa. R.C.P. 1531 (herein the "Motion") requesting the issuance of a preliminary injunction to prevent further immediate and irreparable harm of Petitioner stemming from the wrongful conduct of Hugh Williams (hereinafter the "Respondent") as more fully alleged hereafter. 2. Immediate and irreparable injury will be sustained before notice can be given or hearing held, thus warranting the issuance of a preliminary injunction without a hearing or special notice pursuant to Pa. R.C.P. 1531(a) and while the Petitioner filed a Complaint concurrently with this Motion, this matter must be addressed. The immediate issuance of the requested injunction is necessary and Petitioner is prepared to appear and participate in a hearing before this Honorable Court within five (5) days of the issuance of the injunction as required by Pa. R.C.P. 1531(d). 4. Due to the exigency of the circumstances averred herein, any requirement for the posting of a bond or like monetary sum pursuant to Pa. R.C.P. 1531(b) is properly delayed or otherwise waived pending a hearing before this Honorable Court, or until such time as this Honorable Court fixes any amount to be posted, without prejudice to the immediate issuance of a preliminary injunction as requested herein. THE PARTIES 5. The averments of Paragraphs 1 through 4 are incorporated herein by reference as if set forth in full. 2 6. Petitioner, Susquehanna View, is a Pennsylvania Limited Partnership (hereinafter the "Petitioner") with its principal office located at 208 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 7. Respondent, Hugh Williams (hereinafter referred to as "Respondent") is an adult individual who resides at 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania, 17102. 8. At all times material to Petitioner's cause of action, the Petitioner has been the legal owner of the land and the building in which the Respondent resides. 9. On or about June 18, 2007, Respondent Hugh Williams executed a Live-In Aide/Attendant Agreement by the terms of which the Respondent resides in the Petitoner's residential apartment, 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania. A true and correct copy of the Live-In Aide/Attendant Agreement for 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania is attached hereto, made part hereof and is marked as Petitioner's Exhibit "P-V. 10. Petitioner operates a 200 unit elderly high rise apartment complex in which 120 units are occupied by tenants age 62 and older and 80 units which are occupied by handicapped or disabled individuals who are less than 62 years of age. 11. Respondent, Hugh Williams, is to provide care to Ms. Cathy Shartzer, who resides at 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania. 3 JURISDICTION AND VENUE 12. The averments of Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter jurisdiction of this Court. 14. Venue in this Court is proper pursuant to Pa..R.C.P. 1006 and 2179. FACTUAL BACKGROUND AND ALLEGATIONS 15. The averments of Paragraphs 1 through 13 are incorporated herein by reference as if set forth in full. 16. Respondent agreed to abide by the terms of the House Rules and Regulations in regards to his residency at 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania. 17. The Petitioner's agent, Kristen Leach, after a review of the Respondent's residential history, reached a decision to terminate the Respondent's Live-In Aide/Attendant Agreement as the result of the following: a. Respondent's violation of the terms of the House Rules and Regulations which he agreed to abide by; b. Respondent, on four (4) occasions, has filed baseless allegations to the police of theft by apartment complex personnel and his numerous baseless allegations to the police of improper entry into the apartment by apartment complex staff which interferes with the management of the complex; 4 C. Respondent, on approximately twenty (20) occasions, has made comment regarding and alleging management's alleged improper actions in the common areas of the apartment complex which have had an adverse financial affect on the apartment complex and disturbing the right of tenants to the quiet enjoyment of their leased premises; d. Respondent, on or about July 21, 2008, stated that the next employee who enters the apartment and steals something he will kill them; and e. Over the weekend of July 27, 2008, Respondent went door to door in the apartment complex seeking tenants' signatures on a petition and when tenants refused to sign, they were told by Respondent he would forge the tenant's signature. 18. The Petitioner has not defaulted in its responsibility to provide a habitable premises to the Respondent and is of the opinion and therefore avers that the premises being occupied by the Respondent is in such a state as not to violate the implied warranty of habitability owed by the Petitioenr to the Respondent. IRREPARABLE HARM TO PETITIONERS 19. The averments of Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 5 20. On July 8, 2008, Respondent was properly served by the Petitioner, at the Respondent's residence, with a Notice to Quit. The Notice to Quit was served by personal service. A true and correct copy of the Notice to Quit is attached hereto, made part hereof and is marked as Petitioner's Exhibit "P-2". 21. The terms of the Live-In Aide/Attendant Agreement, executed by the Respondent on June 18, 2007, specifically provides that "I (Defendant Hugh Williams) further understand that Management has the legal right to evict me from the unit should I violate any of the House Rules and Regulations during my service to the aforementioned resident." (Emphasis in the original.) 22. The Respondent, although requested to do so by the Petitioner, has refused to remove himself and his possessions from 208 Senate Avenue, Apartment No. 701, Camp Hill, Cumberland County, Pennsylvania, to the Petitioner and continues to remain in possession of said apartment. 23. Petitioner, as a result of Respondent's numerous loud and highly confrontational episodes with management in the public common areas of the apartment complex before many residents of the apartment complex has interfered with management of the apartment complex and disturbed the rights of other tenants to the quiet enjoyment of their demised apartment units and the common areas appurtenant thereto. 24. As a direct result of Respondent's actions, two (2) tenants of the apartment complex have given notice of their intention to terminate their leases and two (2) tenants have actually surrendered their apartments. 25. The actions of the Respondent, who is not a tenant, has disturbed the rights of all other tenants to the right of quiet enjoyment of their demised premises. 6 WHEREFORE, Petitioner, Susquehanna View Apartments, respectfully requests the issuance of a preliminary injunction immediately, before notice can be given or a hearing held, against Respondent, Hugh Williams, and all other persons or entities acting with or on his behalf or participating with him as follows: a. Preliminary enjoining Respondent, Hugh Williams, from continuing residence at Susquehanna View Apartments, 208 Senate Avenue, Apartment 701, Camp Hill, Cumberland County, Pennsylvania; b. Preliminary enjoining Respondent, Hugh Williams, from having any physical presence on or at the property known as Susquehanna View Apartments; and C. All such other relief as the Court deems just and proper. Respectfully submitted, COFF, P.C. Dated: a`3 /?d By: ?6rdalarDeCunningham, Esquire PA Supreme Court I.D. No. 23144 Kelly M. Knight, Esquire PA Supreme Court I.D. No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\Q-S\SUSQUEHANNA VIEW APARTMENTS\SHARTZER, CATHY\v. HUGH WILLIAMS\EMERGENCY MOTION 072808.wpd 7 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 are made subject to the penalties of 18 Pa. C.S.A. $4904, relating to unswom falsification to authorities. Kristen Leach Site Manager -1 Dated: - 4 n_i Exhibit "P-1 " Susquehanna View Apartments 208 Senate Ave Camp HM, PA 17011 nN [am H Date: %IV ' Resident Name: Unit Number: LIVE-IN AIDE/ATTENDANT AGREEMENT 1, ,?? '\C?'x? \??' K?? , certify that I reside with C A-? V for the sole purpose of providing to th are and well being of the aforementioned. I am in no way obligated for the financial support of the aforementioned and would not be residing in this unit for any other reason but to provide supportive care. I understand that I am permitted to reside in the unit for only as long as my services are required. If it is determined that my services are no longer needed, l agree to vacate the unit within fourteen (14) days of notification from Management. I further understand that Management has the legal right to evict me from the unit should I violate any of the House Rules and Regglations during my service to the aforementioned resident. Live n esident ignature NHP MANAGEMENT COMPANY, AGENT Manager Witness Signature Date Form No. 37 (2!1/96) Exhibit "P-2" NOTICE To QUIT Name of Landlord: Susquehanna View Apartments Name of Tenant: Hugh Williams Leased Premises: 208 Senate Avenue, Apartment No. 701, Camp Hill, PA 17011 Date of Notice to Quit: July S, 2008 YOU ARE HEREBY NOTIFIED that as of this date, your right to reside in the above recited apartment as a "live-in aide" is terminated because you have committed various substantial and material breaches of the "Live-ln Aide/Anandant Agreement". The substantial and material breaches of the Live-tat Aide/Attendant Agreement are as follows- (1) Your violation of the terms of the House Rules and Regulations which you agreed to abide by; (2) Your numerous baseless allegations to the police of theft by apartment complex personnel and your numerous baseless allegations to the police of improper entry into the apartment by apartment complex staff which interferes with the management of the complex; and (3) Your comments and actions in the common areas of the apartment complex alleging managements' alleged improper actions which have had an adverse financial affect on the apartment complex and disturbing the right of tenants to the quiet enjoyment of their leased premises. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Live-In Aide/Attendant Agreement, the provisions of the Pennsylvania Landlord Tenant Act and as a result have forfeited your right to continue residence as a "live-in aide" in Apartment No. 701. THEREFORE, YOU ARE HEREBY NOTIFIED to remove yourself and your possessions from the apartment unit in which you now reside as a live-in aide at the above address within fifteen (IS) days from the date of service of this Notice, but in no event later than July 23, 2008. in the event you remain in possession of or still reside in the leased unit beyond July 23, 2008, the date specified for termination herein, and fail to remove yourself and your possessions from Apartment Unit No. 701, the landlord will seek to enforce the termination of the Live-In Aide Agreement and secure your removal from the leased unit only by initiating a judicial action. If you fail to heed this Notice, and you and your possessions remain in the leased unit beyond the date specified for termination therein, I shall be compelled to proceed against you as the law directs. SUSQUEHANNA VIEW APARTMENTS a By: Kristen Leach, Site Managcr Served this day of July, 2008. F:WOMG\& IEWrrrq=S?Q-S SUSOUEHANNA VIEW APAR7MENMotice 070808.wpd AFFIDAVIT OF SIERVICE The undersigned does hereby verify that he/she served this Notice to Quit by one of the two methods set forth below: -?Zllersonaliy handing the Notice to Quit tote tenant or an adult person answering the door at the tenant's apartment on the day of July, 2008; or V B sting the Notice to Quit on the tenant's front door on the Rtb- day of July, 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 unworn falsification to authorities. -J. r. CO JUL 29 2008 SUSQUEHANNA VIEW APARTMENTS, Plaintiff V. HUGH WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.6e-gSL? CIVIL ACTION-LAW ORDER tz-o AND NOW, this day of 2008, upon consideration of the annexed Emergency Motion for Preliminary Injunctive Relief and upon Motion of Petitioners, the Respondent, Hugh Williams, is directed from taking any further action with regard to making any verbal or written comments about Plaintiff's employees and/or their management of Susquehanna View Apartments with the exception of reports of criminal activity to the apartment's law enforcement agency. A hearing will be held on Petitioners' Emergency Motion for Preliminary Injunctive Relief and is scheduled for JMLt,S+ ( , 2008, beginning at ;ba &.m. in Courtroom No. 5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. BY THE COURT, Distribution: Jordan D. Cunningham, Esquire, 2320 North Second Street, Harrisburg, PA 17110 ?flls ?l` 4? Hugh Williams, 208 Senate Avenue, Apartment No. 701, Camp Hill, PA (prose) 7?`7 d8 SUSQUEHANNA VIEW IN THE COURT OF COMMON PLEAS OF APARTMENTS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-4566 CIVIL TERM V HUGH WILLIAMS, CIVIL ACTION - LAW Defendant IN RE: PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 1st day of August, 2008, after hearing in the above-captioned matter, the Court does find that the petitioner has sustained their burden with regard to the request for a preliminary injunction. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that Hugh Williams is enjoined from continuing his residence at Susquehanna View Apartments and he shall vacate the premises on or before 5:00 p.m., on August 2, 2008, and he is prohibited from being present on or about the property known as Susquehanna View Apartments. The plaintiff in this case will be required to file a $3000.00 bond with the Prothonotary by the close of business on Monday, August 4, 2008. By the Court, ,w\ -'-t ?J X M. L. Ebert, Jr., YJ Kelly M. Knight, Esquire For the Plaintiff Hugh Williams, Defendant 208 Senate Avenue, apt. 701 Camp Hill, Pa. 17011 .mtf ,nL ?g?oe ? -j4tyl 40 CUMBERLAND COUNTY PROTHONOTARY OFFICE - GENERAL FUND Check Date: 10/05/2011 * 2088 Case No. Defendant Descriptions Amt Released Receipt 08-04566 SUSQUEHANNA VIEW APARTMENTS BOND 3000.00 212543 ' --a f-1 7 .D «e,1 Check Amount: 3000.00 INFOCON CORPORATION[L1558HBI 3385603 David D. Buell ORRSTOWN BANK SHIPPENSBURG PA CUNIBERLA.ND COUNTY PROTHONOTARY OFFICE 60-15031313 UENERALFUND I COURTHOUSE SQUARE, SUITE 100 :CARLISLE, PA 17013 Y CHECK DATE CHECK NUMBER PAY THIS AMOUNT` 10/05/2011 2088 $3,000.00 Three Thousand And 00/100 Dollars TO THE ORDER OF = a SUSQUEHANNA VIEW APARTMENTS 08-4566 208 SENATE AVE m CAMP HILL, PA 17011 110002088111 11:0 3 L 3 L 50 3 D: 108 L L L L 7 LII' 09373410052011 Cumberland County Prothonotary,s Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount SUSQUEHANNA VIEW APARTMENTS BOND 8/04/2008 PYMT/CHECK 212543 08-04566 3,000.00 10/05/2011 2088 3,000.00 ** Total Amount Released 3,000.00 ----------------- ------------------End of Listing --------- -------------------------------- ------------ ----------------