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HomeMy WebLinkAbout08-6521GUIIIIMUNYWCAL I M Ur r1:NNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of b-e4 'ref/ NOTICE OF APPEAL FROM /I /3/ aF DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. d p- L 50? ( (g A J_#._ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. nrwc r ?MMAG. DIET. NO. OF D.J. ADDRFF CITY r S TE ZIP CODE DATE OF THE CASE OF (PkJWt) (DshrMn0 DOCKET No. SIGNAT OF OR ATT Y OR AGENT G, 7-- t?DeO 3 M This block will be signed ONLY when this notation is required under Pa. If appeNant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. ?? or Rouionorny or D.a„Ir PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?? 44.4?0 zz? , appellee(s), to file a complaint in this appeal Of (Common Pleas No. (y p . ,6,j) G .t within twenty (20) days after service of rule or suffer entry of judgment of non pros. i I Ile or aftomsy w agent RULE: To 'AJ , appellee(s) s (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ntrul?a.-??3. 20 (jL . (L ?h C Q?Cu.? 1 '.? sigrwtm of RbNMiota q or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FRED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE POW OF TILE OF APPEAL iW ROLE I ; ,EVOrlltPLAINr (This prod/ of st#iriice AWST B f (ltj'OAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) .20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (r ) maul, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of aRiant Signature of oft of before whom affidavit was made Tide ofodfciat My commission expires on 20 P ^? la k h e tV • COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU=ZRXllA1W Mag. Dist. No.: MDJ Name: Hon. 09-3-03 SUSAN X. DAY Address: 229 KILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 ATTORNEY DEF PRIVATE s GRACE D'ALO 401 E. LODTHER ST. APT/STE 103 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rBOILING SPRINGS APARTILE>dITS 297 PLAZA DRIVE BOILING SPRINGS, PA 17007 L J VS. DEFENDANT: NAME and ADDRESS rGOTTSHALL, ETAL, JZMXFER 215 PLAZA DRIVE BOILING SPRINGS, PA 17007 L J Docket No.: LT-0000378-08 Date Filed: 10/01/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PL 331TIFF ® Judgment was entered for: (Name) BOILING SPRINGS APAR, TziiiizT8 Judgment was entered against GOTTSHALL, ETAL, JElQIFER in a ® Landlord/Tenant action in the amount of $ 7, 006.08 on 10/14/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 751, 00. The total amount of the Security Deposit is $ .00 Total Amount Establishedd b M J Less • Security Deposit Applied = Adjudicatted ount Rent in Arrears $ 6, 48.04 - $ .00= $ 6, 8 .04 Physical Damages Leasehold Property $ .00- $ .00= $ .00 Damages/Unjust Detention $ _00- $ -0 0- $ -00 Less Amt Due Defendant from Cross Complaint - $ _ 00 Interest (if provided by lease) $ _ nn UT Judgment Amount $ 6 848 _ 04 ? Attachment Prohibited/ Judgment Costs $ 158.04 42 Pa.C.S. § 8127 Attorney Fees $ _11131111111 ? This case dismissed without prejudice. Total Judgment $ 7,006.08 ? Possession granted. Q Possession granted if money judgment ? Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. IN AN AC71ON INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOWdNCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FIUNG AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a a-Ar Date , Magisterial District Judge certify a this is a rue an or y o the recor the ocee Ings containing the Judgment Date , Magisterial District Judge M? commission expires first Monday of January, 2010. SEAL AO C 3 6A-08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BOILING SPRINGS , APARTMENTS Plaintiff VS. JENNIFER GOTTSHALL Defendant . No. 2008 - G S•Z '"? 71 CIVIL ACTION -LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Jennifer Gottshall to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. s3 Date: ll? Op Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 . / . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- BOILING SPRINGS APARTMENTS Plaintiffs No. 08-6521 v. JENNIFER GOTSHALL, Defendant JOINT MOTION TO AMEND CAPTION Plaintiff and Defendant, by and through their respective attorneys Robert S. Cronin, Jr., of Nikolaus & Hohenadel, LLP and Geoffrey Biringer, Esquire, hereby file this joint Motion to Amend the Caption in the above captioned matter, and in support hereof, aver as follows: 1. The Plaintiff in this matter is identified as "Boiling Springs Apartments". 2. It is respectively submitted that Boiling Springs Associates, a partnership organized and existing under the laws of the Commonwealth of Pennsylvania, with principal place of business located at 297 Plaza Drive, Boiling Springs, Pennsylvania, 17007, is the record owner of the apartment community commonly known as "Boiling Springs Apartments". 3. Accordingly, the parties jointly request that the caption in this matter be amended to reflect that the Plaintiff be "Boiling Springs Associates". WHEREFORE, the parties jointly request that this Honorable Court enter an Order amending the caption in this matter to indicate that the identified Plaintiff be Boiling Springs Associates. Date: 1Z "'4 /d g Respectfully submitted, NIKOLA H EN DE , LLP By: Rd ert S. Cronin, Jr.squire Attorney I.D. No. 8740 By. Geoffrey M. iringer, Esquire Attorney I.D. No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BOILING SPRINGS APARTMENTS Plaintiffs No. 08-6521 V. JENNIFER GOTSHALL, Defendant CERTIFICATE OF SERVICE I, Robert S. Cronin, Jr., Esquire, hereby certify that I served the foregoing document upon the person in the manner indicated below, which service satisfies the requirement of Pennsylvania Rules of Civil Procedure. SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID AS FOLLOWS: Geoffrey M. Biringer, Esquire 401 East Lawler St, Suite 103 Carlisle, Pa 17013 Date: By: Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Robert S. Cronin, Jr/Esqui Attorney I.D. No. 8 810 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BOILING SPRINGS APARTMENTS Plaintiffs V. JENNIFER GOTSHALL, Defendant No. 08-6521 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 Phone: (717) 249-3166 Respectfully submitted, Date: 11/1//, b NIKOLAUS & HOHENADEL, LLP By: Robert S. Cronin, Jr., Esq 're Attorney I.D. No. 87810 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BOILING SPRINGS ASSOCIATES, Plaintiff, V. No. 08-6521 JENNIFER GOTTSHALL, Defendant. COMPLAINT Plaintiff Boiling Springs Associates, by and through their attorneys Nikolaus & Hohenadel, LLP, hereby files this complaint against Defendant Jennifer Gottshall and in support hereof avers as follows: Plaintiff Boiling Springs Associates, ("Plaintiff'), is a partnership organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 297 Plaza Drive, Boiling Springs, Pennsylvania 17007. 2. Plaintiff is the record owner of the apartment community commonly known as Boiling Springs Apartments, located 297 Plaza Drive, Boiling Springs, Pennsylvania 17007. 3. Defendant Jennifer Gottshall ("Defendant") is an adult individual with a last known residence at 215 Plaza Drive, Boiling Springs, Pennsylvania 17007. 4. On October 20, 2006, Plaintiff and Defendant entered into a residential lease agreement. A true and correct copy of the residential lease agreement (the "Lease") is attached hereto, made a part hereof and marked Exhibit "A". 5. Pursuant to Paragraph 1 of the Lease, Plaintiff leased to Defendant the premises known as 215 Plaza Drive, Boiling Springs, Pennsylvania in the project known as Boiling Springs Apartments. See Exhibit "A". 6. Further, Paragraph 2 of the Lease Agreement provides that the initial term of the Lease commenced on October 20, 2006 and ended on October 31, 2007 at which time continued for successive terms of one month each unless automatically terminated as permitted under the terms of the Lease Agreement. See Exhibit "A". 7. Paragraph 4 of the Lease Agreement provides that: The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if: 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. f. the Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord. See Exhibit "A" 8. Paragraph 13 of the Lease Agreement provides in part that: General Restrictions: The Tenant must live in the unit and the 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 Certification and Recertification of Tenant Eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. See Exhibit "A". 9. Paragraph 15 of the Lease Agreement provides that: Regularly Scheduled Recertifications: Every year around the 1St day of November 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 purpose 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 recomputed 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 process 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. See Exhibit "A". 10. Paragraph 17 of the Lease Agreement provides that: Removal of Subsidy: a. 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 paragraphs 15 or 16 within 10 calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment. (2) The amount the Tenant would be required to pay toward 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 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. See Exhibit "A". 11. Paragraph 23 of the Lease Agreement provides in part that: c. The Landlord may terminate this Agreement for the following reasons: 1. the Tenant's material noncompliance with the terms of this Agreement; 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; ... (c) interfere with the management of the project, or (d) have any 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.... f. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e. See Exhibit "A". 12. Paragraph 27 of the Lease Agreement provides in part that: Attachments to the Agreement: The tenant certifies that he/she has received a copy of this Agreement and the following Attachments to this Agreement and understands that these Attachments are part of this Agreement. a) Attachment No. 1 - Certification and Recertification of Tenant Eligibility. (59 Certification) c) Attachment No. 3 - House Rules See Exhibit "A". 13. Item Number 23 of the Boiling Springs Apartment House Rules provides in part that: Tenant is permitted to have guest(s) visit his/her household. However, Tenant's who allow unauthorized persons to reside in their unit will be in violation of their lease. The Landlord reserves the right to request documents of such guest(s) to prove domicile at another location if it is suspected that the guest(s) is/are an unauthorized household occupant(s). Such suspicion may arise whenever an adult person(s) is/are making recurring visits or one continuous visit of 7 days and/or nights in a 30-day period without prior notification to the Landlord. Should the Tenant or person in question not provide the requested information needed to confirm other domicile, or should the documents be provided but the facts be sufficient to evidence domicile at the property, the Landlord may consider such person(s) to be a member of the Tenant's household and may enforce any lease covenants shown to be broken and/or require certification. A true and correct copy of the Boiling Springs Apartments House Rules is attached hereto as Exhibit "B". 14. Item Number 55 of the Boiling Springs Apartment House Rules provides that: "Tenant agrees that Landlord may receive reasonable attorney's fees, court filing costs and sheriff fees as part of a court judgment in a lawsuit against Tenant for violation of the lease agreement or from Tenants who wish to avoid or settle an eviction suit." See Exhibit "B". 15. On or about September 2007, Plaintiff suspected that Defendant's mother, Denise Gottshall, was residing at the Leased Premises as a result of: (a) Denise Gottshall's recurring visits to the Leased Premises; (b) the fact that Denise Gottshall would be present at the Leased Premises on numerous occasions when neither Defendant nor her children were present; and (c) the fact that Denise Gottshall's presence at the Premises was observed at hours of the day on both weekdays and weekends that permitted Plaintiff to reasonably conclude that Denise Gottshall was spending numerous evenings at the Leased Premises. 16. Denise Gottshall is not identified as an individual permitted to reside at the Leased Premises on Defendant's Certification and Recertification of Tenant Eligibility. A true and correct copy of Defendant's Certification and Recertification of Tenant Eligibility is attached hereto as Exhibit "C". 17. As a result of the facts alleged in Paragraphs 15 and 16 above, Plaintiff requested in a letter to Defendant dated September 28, 2007 that Defendant provide the following documents necessary to confirm that Denise Gottshall was not residing at the Leased Premises: (a) a copy of a current lease agreement showing individual's name on lease; (b) drivers license; (c) current vehicle registration and vehicle insurance card; (d) copy of current utility bill; (e) copy of her current personal tax receipt; and (f) copy of current pay stub. A true and correct copy of Plaintiff's September 28, 2007 correspondence to Defendant is attached hereto as Exhibit "D". 18. Plaintiff's September 28, 2007 correspondence to Defendant required Defendant to provide the above requested information by October 10, 2007 and further specifically stated that "Failure to produce all of the above mentioned documents by October 10, 2007 could result in termination from the rental assistance program." See Exhibit "D". 19. Defendant failed and/or refused to provide to Plaintiff any of the documentation requested in Plaintiff's September 28, 2007 correspondence by October 10, 2007, said failure and refusal to provide the aforementioned documentation being a breach of the Lease Agreement and House Rules. See Exhibits "A" and "B". 20. On October 17, 2007, Plaintiff sent a Lease Violation Notice to Defendant which in part stated that: "[Defendant] must provide PROOF that Denise Gottshall ... left your residence immediately or your rental assistance will be terminated. [Defendant's] subsidy will be terminated in 30 days from the date of this letter if this proof is not provided to the office." Further, the October 17, 2007 Lease violation Notice states: "If [Defendant fails] to report changes in your household, within 10 calendar days, according to [Defendant's] lease, [Defendant's] HUD Subsidy will be terminated in 30 days, effective 11/17/07 [Defendant's] rent will increase to Market Rent of $715.00 per month for [Defendant's] unit. A true and correct copy of Plaintiff's October 17, 2007 Lease Violation Notice to Defendant is attached hereto as Exhibit "E". 21. On or about November 5, 2007, Plaintiff received in its office drop box a document referencing Denise Gottshall and subsequently issued an Office Memo to Defendant that specifically stated: "this does not qualify as one of the six required documents to prove domicile for [Defendant's] mother Denise Gottshall." A true and correct copy of Plaintiff's November 5, 2007 Office Memo to Defendant is attached hereto as Exhibit "F". 22. Defendant failed and/or refused to provide any of the documentation and information requested in Plaintiff's September 28, 2007 correspondence by November 17, 2007, said failure and refusal to provide the aforementioned documentation being a breach of the Lease Agreement and House Rules. See Exhibits "A" and "B". 23. Accordingly, on December 3, 2007, Plaintiff sent a Notice of Lease Amendment to Defendant that notified Defendant that her "monthly rent has been adjusted to $733 effective for the month beginning 12/1/2007 as a result of failure to provide change of household composition." A true and correct copy of Plaintiff's December 3, 2007 Notice of Lease Amendment to Defendant is attached hereto as Exhibit "G". 24. On or about December 4, 2007, Plaintiff received a handwritten note from Defendant that questioned why her rent was increased to the amount of $733. A true and correct copy of the handwritten note received by Plaintiff on or about December 4, 2007 from Defendant is attached hereto as Exhibit "H". 25. On December 5, 2007, Plaintiff sent to Defendant a letter that: (a) reviewed the reasons for the termination of Defendant's rental subsidy and the increase in her monthly rent; and (b) specifically stated that "Termination of assistance does not affect your other rights under the lease, including the right to occupy the unit. However, failure to pay the increased rent could result in termination of tenancy, court hearings, and additional late fees and court costs to [Defendant's] account." A true and correct copy of Plaintiff's December 5, 2007 correspondence to Defendant is attached hereto as Exhibit "I". 26. Since September 28, 2007, Defendant has failed and refused to provide all the information requested by Plaintiff regarding the domicile of Denise Gottshall. 27. On March 3, 2008, Plaintiff and Defendant entered into a new lease agreement for the Leased Premises effective March 1, 2008, which in part provided that Defendant was to pay $733 per month in rent to Plaintiff. A true and correct copy of the March 3, 2008 Lease Agreement (the "2008 Lease Agreement") is attached hereto as Exhibit "J". 28. Paragraphs 23 (Termination of Tenancy) and 27 (Attachments to the Agreement) of the 2008 Lease Agreement are identical to the Lease Agreement. 29. On August 29, 2008, Plaintiff sent a Termination of Lease Agreement notice to Defendant as a result of Defendant's failure to pay the required monthly rents and fees from March 2008 through August 2008. A true and correct copy of Plaintiff's August 29, 2008 Termination of Lease Agreement notice to Defendant is attached hereto as Exhibit "K". 30. Defendant's above failure to pay the rents as required under the terms of the Lease Agreement, the Amendment thereto, and the 2008 Lease Agreement amounts to a breach of the 2008 Lease Agreement. 31. To date, Defendant owes to Plaintiff the amount of $9,659.05 representing Defendant's unpaid rents and fees as calculated under the terms of the Lease Agreement, the Amendment thereto, and the 2008 Lease Agreement. A true and correct copy of Plaintiff's Resident Ledger for Defendant is attached hereto as Exhibit "L". 32. Plaintiff has incurred reasonable attorneys' fees, filing fees and court costs in seeking the eviction of Defendant from the Leased Premises which Plaintiff is entitled to recover pursuant to Item Number 55 of the Boiling Springs Apartment House Rules. WHEREFORE, Plaintiff Boiling Springs Associates, respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Jennifer Gottshall and further ORDER and DECREE that: (1) Defendant is liable to Plaintiff in the amount of $9,695.05 representing unpaid rent and late fees as calculated under the terms of the Lease Agreement, the Amendment thereto, and the 2008 Lease Agreement for the time period beginning March 2008 through present; and (2) Plaintiff's costs and reasonable attorneys fees incurred in this matter. NIKOLA & H E A L, LLP Robert S. Cronin Jr., Esq ire Attorney I.D. No. 87810 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 (fax) Attorneys for Plaintiff Boiling Springs Associates APPENDIX 4-A MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parties and The parties to this Agreement are BOILING SPRINGS Dwelling ASSOCIATES referred to as the Landlord, and Unit: referred to as the Tenant. The Landlord leases to the Tenant unit number , located at 297 Plaza Drive, Boiling Springs, PA 17007 in the project known as Boiling Springs Apartments. 2. Length of Time The initial term of this Agreement shall begin (Term) : on and end on L:S r After the initial term ends, the Agreement will continue for successive terms of one month each unless automatically terminated as permitted by paragraph 23 of this Agreement. 3. Rent: The Tenant agrees to pay $ ti fi for the partial month ending on ji'A After that, Tenant agrees to pay a rent of $ E?per month. This amount is due on the first day of the month at Office located at 297 Plaza Drive, Boiling Springs, PA 17007 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 Certification and Recertification of Tenant Eligibility Form which is Attachment No. 1 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 be changed during the term of this Agreement if: 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 2005 Page 1 of 13 , , 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 $20.00 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. 6. 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. 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. (2c 2005 Page 2 of 13 jVc, -1 (1) Put "x" by any Utility Tenant pays directly X X X Type of Utility Heat Lights, Electric Cooking Water Other (Specify. Sewer & Trash Y 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 8. Parking $ N/A other (Specify.) 2 $ Security Deposits: The Tenant has deposited $.' with the Landlord. Paid Security Deposit monies will be deposited at: Fulton Bank 6520 Carlisle Pike Mechaniosbwg, PA 17055 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. 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 2005 Paae 3 of 13 ?0cp (2) Put "x" by any Utility Included in Tenant Rent security deposit plus interest computed at N/A %, (Note: interest percentages will vary but will be computed annually and in accordance with State law), beginning at lease effective date,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 8c 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 were 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 $ 10.00 for each key not returned. 10. Maintenance: 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; 2005 Page 4 of 13 (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 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 2005 Page 5 of 13 NOV-10-2008 11:42 FROM:BOILING SPRINGS APAR C717)258-8250 TO:2991811 P.2/2 the regulations at 24 CFR Part B. 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 Certification and Recertification of Tenant Eligibility. 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 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 I" day of"November 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 \-05 2005 Page 6 of 13C-1 _?? % 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. (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 2005 Page 7of13 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: a. 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. (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 2005 Page 8 of 13 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 according to the size of the household and the age and sex of the household members. 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 The Landlord agrees to enter the unit only Landlord: during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving the Tenant's consent to do so, except when urgency situations make such notices impossible or except under paragraph (c) below. a. 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. b. 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 The Landlord may, with the prior approval of Agreement: HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial 2005 Page 9 of 13 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. If the Tenant does not give the full 30-day notice, the Tenant shall be liable for rent up to the end of the 30 days for which notice was required or to the date the unit is re- rented, whichever date comes first. 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; 4. 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: 2005 Page 10 of 13 (a) that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; 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 the health, safety, or right to peaceful enjoyment of the premises by other residents; 10. 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 2005 Page 11 of 13 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; • 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. 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. 25. 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 2005 Page 12 of 13 V penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years. 26. 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. 27. 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 - Certification and Recertification of Tenant Eligibility. (59 Certification) b) Attachment No. 2 - Unit Inspection Report c) Attachment No. 3 - House Rules d) Attachment No. 4 - Rural Development 515 Certification Addendum 28. Tenants, rights to organize: Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with HUD requirements. 29. 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. 30. The lease agreement will terminate automatically, if the Section 8 Housing Assistance contract terminates for any reason. 31. Signatures: 2005 TENANT }`{? a BY: Date Signed 2. Date Signed 3. LANDLORD Date Signed Date Signed Page 13 of 13 Y • EXHIBIT ATTACHMENT3 P- BOILING SPRINGS APARMENTS HOUSE RULES Tenant agrees to obey all rules and regulations for the leased premises. The term Tenant, when referred to in these rules, applies to Tenant household and Tenant's guest(s). If Tenant or Tenant's guest(s) violates any rules or regulations for the leased premises, Tenant violates the lease. MAI NTENANCE/CLEANING/INSPECTIONS In order to retard and/or prevent mold and mildew, Tenant has a responsibility to provide appropriate climate control, keep the unit clean, and take any other measures necessary such as promptly removing visible moisture accumulation, including moisture on walls, windows, windowsills, floors, ceilings, closets, storage areas, and bathroom fixtures. Spills should be mopped up and the area thoroughly dried as soon as possible. Tenant agrees not to block or cover any of the heating, ventilation or air conditioning ducts in the unit. Tenant also agrees to immediately report to the management office: (1) any evidence of a water leak or excessive moisture in the unit and/or storage area; (2) any evidence of mold or mildew-like growth that cannot be removed by applying a common household cleaner and wiping the area clean; (3) any failure or malfunction in the heating, ventilation or air conditioning system in the unit; and (4) any inoperable doors or windows. It is important to use the exhaust fans in the kitchen and bathroom. Tenant agrees to cooperate with all requirements made by GN Management, inc. staff or persons authorized concerning the use of equipment, such as dehumidifiers, to eliminate or maintain a mold/mildew free environment. You may be held responsible for property damages and any health problems that could result if you fail to follow these rules. 2. All maintenance requests for the unit or common area must be reported to the Community Manager. Manager will notify Maintenance Technician or cleaning personnel to schedule correction of the problem. If problem exists in Tenant's unit, Tenant will be notified verbally or in writing when the problem has been corrected, or the approximate schedule for completion based on receiving parts, scheduling a sub-contractor, or other delay in the repair. Additional special instructions will be provided for emergency maintenance issues. 3. All apartments are equipped with smoke detection devices. Tenant shall not disable the smoke detectors or other fire warning devices. Tenant shall notify Manager if smoke detector or fire warning device is not in working order. 4. Tenant agrees that failure to permit the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit, for purposes of making reasonable repairs, periodic inspections, including required annual inspections, providing services for the Health and Safety of residents, such as extermination of premises and performing duties in connection with the general upkeep of the apartment, will be in violation of the lease. Tenants will receive advance notice of inspections, extermination services, and any planned work that Landlord wishes to do in the apartment, however by reporting needed repairs in the apartment, residents have given permission to enter the unit during normal business hours. No further notification will be given to schedule time for repairs. 5. No electrical or carpentry work is to be performed inside or outside the unit. No outside contractor should perform any work without the prior written approval of the Landlord. No electrical, telephone or television cables or wires may be run along the baseboard of the exterior or interior woodwork or wails. 6. it is the Tenant's responsibility to keep the outside of hislher door and entrance to their unit clean and free of items that would pose a safety risk when entering or exiting the unit or building. 7. Upon termination of the lease agreement, Tenant shall surrender the unit to Landlord in compliance with the following conditions: a) No damage to the unit, beyond normal wear and tear, is acceptable. Lack of cleaning is not considered normal wear and tear. Damages noted on move in inspection that were not repaired during tenancy, will not be charged to tenant at move out, however all damages must be noted to avoid those charges. 2005 1 of 7 ic:I?clc'? W(A ATTACHMENT 3 BOILING SPRINGS APAR TENTS HOUSE RULES b) The entire unit, including all appliances, bathroom(s), closets and cabinets must be clean. The refrigerator must be defrosted and the carpet must be shampooed. Evidence of carpet cleaning must be presented to avoid charges at move out. c) No stickers, scratches, or holes larger than a picture nail should appear in the walls. d) No stains, indentations, scratches or burn marks should be on -the countertops, cabinetry, flooring material or appliances. e) All burned out light bulbs should be replaced at Tenant's expense. f) All keys must be returned to the rental office. g) All trash must be properly discarded. h) By State law, a forwarding address must be left at the rental office if there is Security Deposit to be refunded. i) At the termination of the lease agreement, Tenant must remove all personal property from their unit not belonging to the Landlord. Any property not removed will be considered abandoned and the Landlord will dispose or donate the items in accordance with State law. 8. Tenant must keep the unit, common area patios/porches, entrance walks and other portions to which he/she has sole access in an uncluttered and sanitary condition. Clothing, rugs or other articles shall not be placed at any window of the unit or hung, dried or cleaned anywhere outside the unit, unless clotheslines have been provided for that purpose. Nothing should be placed outside or upon any windowsill or thrown or dropped from any window. Refrigerators that are not frost-free should be defrosted on a regular basis. All floor coverings are to be clean and free of stains and damage. Cleaning of carpet is at the Tenant's expense. PARKING LOTS 9. There are no parking assignments. Tenant will be permitted to park only two (2) vehicles in the parking lot. A11 vehicles must have current registration and inspection. No boats, trailers, campers, ATVs, snowmobiles or abandoned vehicles will be permitted on the premises. Tenants are not permitted to wash their vehicle(s) or do automobile repair on the premises. 10. Tenant agrees to park vehicles in areas designated for that purpose. Tenant is not permitted to park in front of garbage receptacles, on the lawn or any other area that would cause damage to the property or affect another Tenant in any way. Vehicles belonging to guests should be parked in areas not normally occupied by other Tenant vehicles, if space permits. 11. Those persons parking in spaces designated for Disabled persons must display proper permit(s). 12. Landlord or local law may enforce the parking rules as noted in 9. And 11. of these House Rules by towing the vehicle and/or fining the vehicle owner. 13. Tenant is responsible for damage to the parking lot caused by fluids leaking from his/her vehicle. 14. If posted, speed limit signs must be obeyed when driving through the parking lot. COMMON AREAS/STORAGE 15. All personal items (including bicycles, toys, etc.) are to be stored in storage areas provided and not in the apartment or common area hallways, doorways, sidewalks or parking lots. No toys, including bicycles, should be left outside after 8:00 PM. Tenants violating these rules risk the removal and/or disposal of their personal property. 16. No loitering or playing will be permitted in the hallways. No loitering after hours on property grounds in accordance with local ordinances. 2005 2 of 7 )R? i?(ZC?c:tc ATTACHMENT 3 BOILING SPRINGS APARMENTS HOUSE RULES 17. All walks, entryways and parking lots should be used only as access to and from the unit. These areas must be kept clear of bicycles, toys, waste receptacles and other items at all times. 18. No alcoholic beverages are permitted in the common areas or grounds of the property. Smoking is not permitted in the common areas of the building. Smoking is permitted outside the building, however all cigarette butts must be put in ashtrays and not discarded on the walkways and grounds. No littering or trash disposal of any kind is permitted in areas other than those designated specifically for that purpose. 19. No barbeque grills are permitted other than those provided by the Landlord. 20. Tenants are not permitted to feed stray animals that come on to the property or entice an animal to come on to the property. Any sighting of a stray animal should be reported to the Community Manager immediately. 21. Appropriate attire is required in the common areas of the building and on the property grounds. Appropriate attire should be interpreted to mean clothes and footwear that would be worn in any public setting, such as a restaurant or store. 22. Sunbathing is not permitted on the property grounds. 23. Tenant is permitted to have a guest(s) visit his/her household. However, Tenant's who allow unauthorized persons to reside in their unit will be in violation of their lease. The Landlord reserves the right to request documents of such guest(s) to prove domicile at another location if it is suspected that the guest(s) is/are an unauthorized household occupant(s). Such suspicion may arise whenever an adult person(s) is/are making recurring visits or one continuous visit of 7 days and/or nights in a 30-day period without prior notification to the Landlord. Should the Tenant or person in question not provide the requested information needed to confirm other domicile, or should the documents be provided but the facts be sufficient to evidence domicile at the property, the Landlord may consider such person(s) to be a member of the Tenant's household and may enforce any lease covenants shown to be broken and/or require certification. Tenant may add adult persons to the Lease only after completing a written application and execution of a Lease Amendment. A minor may be added to the Lease with proper documentation with an executed Lease Amendment. 24. Tenants, with permission from Community Manager, may plant flowers in front of their apartments, where the layout of the property is conducive to this, or in areas on the property designated for that purpose. Landlord retains the right to request plants to be removed should they become unsightly, interfere with the property landscaping and/or negatively affect the overall appearance of the property. Vegetable plants are not permitted to be grown on the property unless a garden area has been designated for that purpose. 25. The roof and any mechanical areas of the building are for the use of GN Management, Inc. staff and authorized persons only. Tenants are forbidden to enter these areas. APARTMENT POLICIES 26. Tenant is not permitted to use the apartment as a place of business. The apartment is for residential purposes only. Exceptions must be in writing from GN Management, Inc. Main Office staff. 27. Energy conservation is encouraged. Tenants will be provided with a listing of ways in which they can conserve energy. Tenants may make suggestions in writing to the Community Manager on additional ways to conserve energy on the property. Those suggestions will be discussed with the Owner and given consideration. Tenant must abide by all State, local or Landlord imposed water conservation measures. 2005 3 of 7 ATTACHMENT 3 BOILING SPRINGS APARMENTS HOUSE RULES 28. The Tenant may not be absent from the unit in excess of a sixty (60) continuous day period, or for longer than 180 continuous days for medical reasons. Long term absences from the property or more than one (1) sixty (60) continuous day absence in a twelve (12) month period, including but not limited to, incarceration, may be considered abandonment of the unit and grounds for termination of the lease. Consideration will be given on a case-by-case basis for extenuating circumstances. This unit must be Tenant's sole residence. 29. A unit will be considered abandoned in accordance with State law. In regards to personal property left by the Tenant, a letter will be sent certified mail to the last known address, listing the items and their condition. All perishables and anything that could present a Health and Safety issue for the Owner's property or other Tenants will be destroyed immediately. The Tenant may claim all other items within 30 days by scheduling a time with the Community Manager to retrieve all items. After 30 days, the items will be destroyed or donated to charity, in accordance with State law. 30. Should the Tenant not be able to occupy the unit because of fire or other disaster, abandoned property or personal possessions of the Tenant will be handled or disposed of in accordance with State law. 31. Tenant household is encouraged to obtain Renter's Insurance for their personal property, personal injuries of others as a result of negligence on Tenant's part, and/or property damages that may occur in which the Tenant household members or guests are negligent. Tenant understands that neither the property Owner nor GN Management, Inc. is responsible for damage to Tenant's personal property or damage to the property caused by negligence of the household members or their guests. If Tenant does not have insurance and the property's insurance must pay a claim in which a member of the resident household or guest was negligent, the lease gives us the right to require repayment of any expenses incurred, such as the policy deductible, which is currently $5,000.00. 32. After one (1) lockout occurs during nonworking hours, a fifteen dollar ($15.00) charge will be billed to the Tenant with payment due in thirty (30) days from date of invoice. In the case of lockout or lost key, we will require the Tenant or co-tenant to pick up a new key and a signature will be required. Under no circumstances will GN Management, Inc. personnel allow any person into the apartment that is not on the lease and no minors will be allowed into the apartment without parental permission. 33. Children 10 years of age or under must be supervised at all times, including outside supervision. This rule includes using playground equipment. 34. No waterbeds are permitted without the prior written permission of GN Management, Inc. Main Office. 35. No pets (either to live or visit) are permitted on the premises. These animals include, but are not limited to; cats, dogs, hamsters, gerbils, mice, snakes, ferrets, rabbits, guinea pigs and any animal which could be considered to be a farm animal. Animals that are used to assist the handicapped are not considered pets; however, notification must be made to the Community Manager if such an animal is expected to be on the property. If the need for the animal is not obvious, documentation may be requested as proof that the animal is indeed a service or support animal. 36. All radio, television and other electronic or electrical equipment installed or used in the unit shall fully comply with rules, regulations and requirements of the public authorities having jurisdiction. The Tenant shall be liable for any damage or injury caused by any radio, television or other electric or electrical equipment owned by Tenant or as a result of Tenant's negligence. 37. If blinds are provided in the unit, Tenant agrees not to change any of the blinds and further agrees and acknowledges that the blinds are the property of the Landlord. Damaged or missing blinds will be replaced and Tenant will be charged. 38. If blinds are not provided, Tenant is required to have curtains or blinds at all windows within 30 days of move in. 2005 4 of 7 r, zt?c? ATTACHMENT 3 BOILING SPRINGS APARMENIS HOUSE RULES 39. Tenant may not change the locks or install additional locks, chains or other fasteners or alarms. 40. Tenants with firearms must declare legal ownership and register the make, model and serial number with the Community Manager. A gun lock must be on at all times while on the premises. All firearms, including but not limited to, BB guns and paintball guns, must be kept in a locked case while transporting in the common areas and grounds of the property. 41. Health and safety rules require windows and doors to be free of any items that would cause undue delay in vacating the unit in the event of fire or other impending danger. GENERAL POLICIES 42. The Office is located at 297 Plaza Drive, Boiling Springs, PA 17007, and is open to tenants and applicants on Monday, Wednesday and Friday from 8:00 AM - 3:30 PM. During office hours, emergencies should be called into (717) 258-8387. The phone number for after hour emergencies is 1- 800-510-6036. Emergencies are considered to be problems such as no heat, no water, no electricity, or water overflowing. to the event.of an extreme emergency, such as a fire, the fire department should be called before placing a tali to property maintenance. 43. Public transportation and/or community schedules are not available. Copies of community notices received by this office will be posted in each building and laundry room. 44. Loud, boisterous noises and disturbances, inside or outside the unit, including fighting and public drunkenness, will not be permitted. Threats to the health and/or safety, use of profanity, threats of violence, or comments of an ethnic or racial nature to the on-site staff or other Tenants and/or their guests are not permitted. The Tenant shall not at any time conduct themselves in anyway which would disturb any other tenant or would interfere with the rights, comforts, quiet enjoyment or conveniences of any other tenant. No musical or sound reproducing instruments shall be placed in windows or outside premises. Musical or sound reproducing instruments, or singing within the unit must be inaudible from one unit to another at all times, and from outside the unit between the hours of 10:00 PM and 8:00 AM. 45. No tents, swimming or wading pools or similar items are permitted on the property. 46. Due to risk of fire, Insurance regulations state that lit candies are prohibited on the property. 47. Tenant is not permitted to store or use flammable substances, toxic or hazardous chemicals, or products that would emit injurious or harmful odors. Tenant is not permitted to use heavy, noisy, dangerous, or fume-producing equipment (with the exception of legally registered automobiles or motorcycles) on the grounds or within the leased premises. 48. There is no soliciting permitted on the property, including Tenants soliciting other tenants. 49. Tenant shall not place signs, advertising matter, awnings, satellite dishes, electronic reception devices, or fences on or about the property and common area, including the mailboxes and interior windows, without written permission from GN Management Main Office staff. 50. GN Management, Inc. employees are not responsible to accept deliveries for Tenant household. If requested and agreeable with Community Manager, Manager may accept deliveries for Tenant; however Manager is not responsible for any damage that may arise while the package is in Manager's possession. 51. Landlord may begin eviction proceedings if Tenant or persons under Tenant's control have been arrested or convicted for unlawful activity, regardless of where activity took place. Unlawful activities, 2005 5 of 7 I , ATTACHMENT 3 BOILING SPRINGS APARMENTS HOUSE RULES such as, but not limited to, assault, burglary, theft, domestic violence, and any drug activity or sexual offense, would result in Landlord initiating eviction proceedings. 52. A Tenant or applicant must request, complete, and return a Reasonable Accommodation Request Form to the Community Manager in order for a request to be considered. Once received, the request will be placed on the Reasonable Accommodation Log and all actions and outcomes will be noted on the log. if necessary, the need for the accommodation will be verified by the Manager with the Tenant or applicant's physician or qualified person. Generally, the Owner will provide the reasonable accommodation unless doing so would result in a fundamental alteration to the nature of the project and its operations or cause an undue financial or administrative burden. LEGAURENTAL PAYMENTS 53. Cash will not be accepted for payment. Payments will be accepted in the form of a personal check, money order or cashiers check. No personal checks will be accepted after two non-sufficient funds checks have been received. 54. No personal checks will be accepted after legal proceedings have begun. Money orders and cashiers checks will be the only acceptable method of payment until the legal proceedings have been resolved. 55. Tenant agrees that Landlord may receive reasonable attorney's fees, court filing costs and sheriff fees as part of a court judgment in a lawsuit against Tenant for violation of the lease agreement or from Tenants who wish to avoid or settle an eviction suit. 56. In the event rent is not paid by the due date, Tenant agrees to waive the demand for payment notice. 57. If any portion of the Tenant's rent is paid directly to the Tenant by an outside source, it is the Tenant's responsibility to submit that portion to the rental office in order to meet the total Tenant rent obligation. 58. Repeated minor violations such as, but not limited to, disrupting the livability of the property; acts that adversely affect the Health or Safety of any person, or the right of any Tenant to the peaceful enjoyment of the property; interfering with the management of the property; or acts that have an adverse financial effect on the property, will be grounds for eviction. 59. Tenant agrees to waive the State requirement to receive the interest on security deposit on the annual anniversary and agrees to receive this interest annually at calendar year end, or in the case of a move out, with the security deposit disposition. UTILITY/SERVICES/APPLIANCES 60. Tenant agrees to be responsible for the payment of the following services: electric, telephone, cable, heat and where applicable, air conditioning. The utility company will bill each unit individually for these services and tenant agrees to pay these charges directly to the appropriate utility company. Tenant further understands and agrees that if he/she fails to pay these charges to the utility company, the utility company may terminate services. Electric bills are required to be placed in the name of Head of Household or Co-Head or Spouse. 61. Tenant is responsible to keep heat/electric services on in the unit at all times. Allowing the heat and/or electric service to be shut off in the unit for any reason will be considered a violation of these rules. 62. All trash must be placed in the appropriate receptacles, using securely fastened plastic bags. Do not put trash on top of or along side the receptacles. All cardboard boxes must be broken down prior to discarding. No furniture is permitted to be placed in the trash. Trash must be placed in dumpster by adults only. Tenant must make arrangements with the trash hauler to remove bulk items and must notify the Community Manager of the arrangements made. When necessary, Tenant is responsible to provide appropriate refuse tags. 2005 6 of 7 {{ r , ATTACHMENT 3 BOILING SPRINGS APARMENTS HOUSE RULES 63. Recycling procedures must be followed in accordance with city/township/borough regulations. Recyclables are to be clean and hand carried to the designated recyclable container for proper disposal. 64. The Tenant shall use only the laundry facilities and any other appliances furnished by the Landlord for the express purpose for which the equipment was intended. The Tenant shall not bring any refrigerator, freezer or other major appliances into the unit without written permission of the Community Manager. Installation of window air conditioners must be approved by the Community Manager prior to installation. Any damage to the property or personal injury to any persons arising from the use of a Tenant-owned window air conditioner is the sole responsibility of the Tenant. Units should be cleaned and in good working condition. Window air conditioners are not permitted in apartments that have central air conditioning supplied. 65. The Tenant shall use the plumbing and electrical installations for their intended purpose and shall be fully responsible for maintenance costs if abuse occurs. The Tenant shall be responsible for the cost to clear any stoppage in waste water lines due to abuse. 66. Tenant shall use only those systems installed in the unit by the Landlord for heating. No additional heating systems (such as kerosene, catalytic, and/or any other type of secondary heating system) are permitted. Tenant agrees that Landlord may change these policies from time to time, in accordance with any required regulations, in order to protect the unit or a Landlord's property, or to add to the comforts and conveniences of all Tenants in the community. A Head of Household Signature Date Co-Head, Spouse or Other Household Member Date Household Member 18 or Older gent for O ner Date Z?D Odd Date 2005 7 of 7 Owner's Certification of Com- 'ance U. S. Department of Housing For Personal Records ONLY - Not fc and Urban Development Submission to the Federal Governme with HUD's Tenant Eligibility Office of Housing and Rent Procedures Federal Housing Commissioner (exp. 12131!200' Section B. Summary Information 1. Project Name 13. Effective Date 10/20/2006 25. Unit Number 1 215 Boiling Springs Apartments 14. Anticipated Voucher Date 1210112006 26. No. of Bedrooms 2 * Subsidy Type 1 (Section 8) 2 15. Next Recertification Date 03/01/2007 Future 27. Building ID . 3. Secondary Subsidy Type 16. Project Move-In Date 03/03/2004 de Y 2928• Unit Previous Transfer Unit CoNo 3 2 4. Property ID *Future 17. Unit Move-In Date *Future . . 5 30. Security Deposit it 25 5. Project Number 18. Certification Type UT Market Rent 0 31 6. Contract Number PA26R000020 19. Action Processed . Contract Rent 650 32 7. TRACSMaiI 1D tracm02228 20. Correction Type . 33. Utility Allowance 72 8. Plan of Action Code 21. Cert. Correction Date *Future Gross Rent 722 34 9. HUD-Owned Project? N 22. Previous Subsidy Type . Conversion Date Code 35 10. Region Code *Future 11. Field Office Code *Future 23. Previous Housing Code Displacement Status 24 . 36. Age 62 at Conversion Indicator 12. FIPS County Code *Future . 37. Continuous Section 8 Indicator Section C. Household' Information 38. No 39. Last Name 40. First Name 41. MI 42. Rel. 43. Sex' 44. Race 45. Eth. 46. Birth Date 47. pecia 48. ID Code 49. Elig. 50. Alien Reg. 51. Age at 52. Work . Status (SSN) Code Number Cert. Code! 1 GOTTSHALL JENNIFER R H F 1 (White 2(N 07/29/1984 189-66-7865 EC 22 2 GOTTSHALL TANAYIA A D F *Future *F 10/0312003 161-82-7062 EC 3 3 Gottshall Jakyra D D F *Future *F 3/07/2005 187-82-8681 EC 1 53. Family is Mobility Impaired? No 56. Number of Family Members 3 60. Expected Family Addition - Adoption 0 54. Family is Hearing Impaired? No 57, Number of Non-Family Memb 0 61. Expected Family Addition - Pregnancy 0 55. Family is Visually Impaired? No 58. Number of Dependents 2 62. Expected Family Addition - Foster Children 0 59. Number of Eligible Members 3 63. Previous Head Last Name 66. Previous Effective Date 64. Previous Head First Name 67. Previous Head ID 65. Previous Head Middle Initial 68. Previous Head Birth Date Section D. Inco me Information Section E. Asset Information 69. 70. 71. 72. 78. 79. 80. 81. 82. 83. Mbr, income Type Code Amount SSN Benefits Mbr. Description Status Cash Value Actual Yearly Date No. Claim No. No. Income Divested 1 W (Non-Fed. Waqe) 7,754 *Future 1 Members First CU Sa C 5 0 *Future 1 G (Gen. Assist.) 996 *Future 73. Total Employment Income 7,754 84. Cash Value of Assets 5 74. Total Pension Income 0 85. Actual Income from Assets 0 75. Total Public Assistance Income 996 86. HUD Passbook Rate 2.0000% 76. Total Other income 0 87. Imputed Income from Assets 0 77. Total Non-Asset Income 8,750 88. Asset Income 0 Section F. Allowances & Rent Calculations 89. Total Annual Income 8,750 100. Allowance for Dependents 960 111. Total Tenant Payment 195 90. Lower Income Limit 46,300 101. Child Care Expense (work) 0 112• Tenant Rent 123 91. Very Low Income Limit 28,950 102. Child Care Expense (school) 0 113. Utility Reimbursement 0 92. Extremely Low Income Limit 17,350 103. 3% of Income 263 114. Assistance Payment 527 93. Current Income Status 3 (Extr. Low) 104. Disability Expense 0 115. Welfare Rent 0 94. Eligibility Universe Code 2 (after 81) 105. Disability Allowance 0 116. HCDA Percentage 30.00 95. Section 8 Assist. 1984 Indicatc 106. Medical Expense 0 117. Percentage Actually Charged 0.30 96. Income Exception Code 107. Medical Allowance 0 118. Hardship Exemption 97. Police 1 Security Tenant? N 108. Elderly Household Allowance 0 119. Waiver Type Code *Future 98. Survivor of Qualifier? N 109. Total Allowances 960 99, Household Assistance Status E 110. Adjusted Annual Income 7,790 Previous versions of this form are obsolete. Page 2 of 2 s^. -^^-- - This form also replaces HUD-50059-D, -E, -F, & -G. CLASSIC P-1 ?^«^?^ ?• -- - Owner's Certification of Comp, 'ince U. S. Department of Housing vAth HUD's Tenant Eligibility and Urban Development Office of Housing and Rent Procedures Federal Housing Commissioner NOT for submission to the Federal Governmel Landlord's Official Record of Certificatic OMB Approval Number 2502-02C (exp. 121311200; Section A. Acknowledgements Read this before you complete and sign this form HUD-50059 Public Reporting Burden. The reporting burden for this collection of information is estimated to average55 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(2502-0204), Washington, DC 20503. The information is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer match to verify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Security Numbers (SSNs) you, and all other household family members age six (6) years and older, have and use. Giving the SSNs of all family members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information may result in a delay or rejection of your eligibility approval. Privacy Act Statement The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-181?; the Housing and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). Tenant(s)' Certification -1/We certify that the information in Sections C, D, and E of this form are true and complete to the best of my/our knowledge and belief. I/We understand that Vwe can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent increased, if Vwe furnish false or incomplete information. Owner's Certification -1 certify that this Tenant's eligibility, rent and assistance payments have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obtained. Warning to Owners and Tenants. By signing this form, you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicable Certification. False Claim Statement. Warning: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. I Certification Summarv from Paae 2 Name of Project Boiling Springs Apartments Unit Number 1 215 Effective Date 10/20/2006 Certification Type UT Head of Household JENNIFER R. GOTTSHALL Total Tenant Payment 195 Assistance Payment 527 Tenant Rent 123 Tenant Si gnatures Head of Household t, Date 10/20/2006 Other Adult Date Spouse/Co-Head " Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Owner/Agent Signature er/ nt 1, Date 10/20/2006 Check th' box if Tenant is nable to sign for a legitimate reason Anticipated Voucher Date 12/01/2006 Previous versions of this form are obsolete. Page 1 of 2 f,,..., uJ 11 -- -- - -•- - This fnrm alsn fPnInrf Q HI in-ronFO_n c c 0 Owner's Certification of Corr wit; HUD's Tenant Eligibility and Rent Procedures 1. Project Name Boiling Springs Apartments 2. Subsidy Type 3. Secondary Subsidy Type 4. Property ID 5. Project Number 6. Contract Number 7. TRACSMailID 8. Plan of Action Code 9. HUD-Owned Project? 10. Region Code 11. Field Office Code 12. FIPS County Code 38. 39. No. Last Name ance 1 (Section 8) *Future PA26R000020 tracm02228 U. S. Department of Housinr and Urban Development Office of Housing Federal Housing Commissioner ction B. Summary information 13. Effective Date 08/01/2007 14. Anticipated Voucher Date 08/01/2007 15. Next Recertification Date 03/01/2008 16. Project Move-In Date 03/03/2004 17. Unit Move-In Date *Future 18. Certification Type IR 19. Action Processed 20. Correction Type 21 Cert Correction D t N a V Future *Future 22. Previous Subsidy Type *Future 23. Previous Housing Code *Future 24. Displacement Status Section C. Household Information 40. 41. 42. 43. 44. 45. 46. 47. First Name MI Rel. Sex Race Eth. Birth Date Special 1 GOTTSHALL JENNIFER R H F ]l (White 2(N 07/29/1984 2 GOTTSHALL TANAYIA A D F *Future *F 10/03/2003 3 Gottshall Jakyra D D F *Future *F 3/07/2005 25. Unit Number 1 215 26. No. of Bedrooms 2 27. Building ID *Future 28. Unit Transfer Code 29. Previous Unit No. 30. Security Deposit 195 31. Market Rent 0 32. Contract Rent 715 33. Utility Allowance 72 34. Gross Rent 787 35. Conversion Date Code 36. Age 62 at Conversion Indicator 37. Continuous Section 8 Indicator 48. 49. ID Code Elig. (SSN) CodE 189-66-7865 EC 161-82-7062 EC 187-82-8681 EC 50. 51. 52. Alien Reg. Age at Work Number Cert. Code: 23 3 2 53. Family is Mobility Impaired? No 56. Number of Family Members 3 54. Family is Hearing Impaired? No 57. Number of Non-Family Memb 0 60. Expected Family Addition - Adoption p 55. Family is Visually Impaired? No 58. Number of Dependents 2 61. Expected Family Addition- Pregnancy 0 59. Number of Eligible Members 3 62. Expected Family Addition -Foster Children 0 63. Previous Head Last Name 66. Previous Effective Date 64. Previous Head First Name 67. Previous Head ID 65. Previous Head Middle Initial 68. Previous Head Birth Date Section D. Income Information Section E. Asset Information 69. Mbr. Income Type Code Amo71. 72. 78. unt SSN Benefits Mbr. Description Status Cash Value Actual Yearly Date 1 W (Non-Fed. Waqe) 17,680 *Future 1 Members First CU Sa% C Income Divested 42 0 *Future 73. Total Employment Income 74. Total Pension Income 75. Total Public Assistance Income 76. Total Other Income 77. Total Non-Asset Income 89. Total Annual Income 17,680 90. Lower Income Limit 47,250 91. Very Low Income Limit 29,500 92. Extremely Low Income Limit 17,750 93. Current Income Status 3 (Extr. Low 94. Eligibility Universe Code 2 (after 81 95. Section 8 Assist. 1984 Indicato 96. Income Exception Code 97. Police / Security Tenant? N 98. Survivor of Qualifier? N 99. Household Assistance Status E Previous versions of this form are obsolete. This form also replaces HUD-50059-D, -E, -F, & -G. 17,680 0 84. Cash Value of Assets 42 0 85. Actual Income from Assets 0 0 86. HUD Passbook Rate 2.0000% 87. Imputed income from Assets 17,680 0 88 Asset Income . 0 Section F. Allowances & Rent Calculations 100. Allowance for Dependents 101. Child Care Expense (work) 960 0 111. Total Tenant Payment 102. Child Care Expense (schooD 0 103. 3% of Income 112. Tenant Rent 113. Utility Reimbursement 104. Disability Expense 530 0 114. Assistance Payment 115 Welfare Rent 105. Disability Allowance 106. Medical Expense 0 . 116. HCDA Percentage 107. Medical Allowance 108. Elderly Household Allowan 0 0 117. Percentage Actually Charged 118. Hardship Exemption 109. Total Allowances ce 0 960 119. Waiver Type Code 110. Adjusted Annual Income 16,720 Page 2 of 2 418 346 0 369 0 30.00 0.30 *Future CLASSIC Real Estate Systems, LLC form HUD-50059 (04/200,1 HB 4350.3 Rev For Personal Records ONLY - Not fc Submission to the Federal Governme (exp. 12/31/200; uwner'S Lertltlcation of Corr ance U. S. Department of Housinf with HQD's Tenant Eligibility and Urban Development Office of Housing and Rent Procedures Federal Housinq Commissioner OMB Approval Number 2502-02C (exp. 121311200. Read this before you complete and sign this form HUD-50059 Public Reporting Burden. The reporting burden for this collection of information is estimated to average55 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(2502-0204), Washington, DC 20503. The information is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer match to verify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Security Numbers (SSNs) you, and all other household family members age six (6) years and older, have and use. Giving the SSNs of all family members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information may result in a delay or rejection of your eligibility approval. Privacy Act Statement The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-181); the Housing and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). Tenant(s)' Certification -I/We certify that the information in Sections C, D, and E of this form are true and complete to the best of my/our knowledge and belief. I/We understand that Vwe can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent increased, if Vwe furnish false or incomplete information. Owner's Certification -1 certify that this Tenant's eligibility, rent and assistance payments have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obtained. Warning to Owners and Tenants. By signing this form, you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicable Certification. False Claim Statement. Warning: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. I Certification Summarv from Page 2 Name of Project Boiling Springs Apartments Unit Number 1 215 Effective Date 08/01/2007 Certification Type IR Head of Household JENNIFER R. GOTTSHALL Total Tenant Payment 418 Assistance Payment 369 Tenant Rent 346 Tenant Si natures o s I ` Q Date Other Adult Date Spouse / Co-Hea ; Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Owner/Agent Signature Owne t /J/ 6A D 7 Chec his box if Ten At is unable to sign for a le gitimate reason Antib ated V cher Date nR/n1 /9nn7 NU I for submission to the Federal Governmei Landlord's Official Record of Certificatic Previous versions of this form are obsolete. Page 1 of 2 form HUD-50059 (041200! This form also replaces HUD-50059-D, -E, -F, & -G. CLASSIC Real Estate Systems, LLC HB 4350.3 Rev Owner's,Certificat -.. n o =omr ; LC U. S. Department of Housing with HUD's Tenant -!¢g' ilty and Urban Development and Rent Procedut S Office of Housing _ Federal Housing Commissioner _ Section B. Summary Information 1. Project Name 13. Effective Date 10/18/2007 Boiling Springs Apartw ants _ 14. Anticipated Voucher Date 01/01/2008 2. Subsidy Type 1 (Section. 8) 15. Next Recertification Date 03/01/2008 3. 4. Secondary Subsidy Ty:_.e Property ID 16. Project Move-In Date 03/03/2004 "Fut ;r? 5. Project Number _ 17. Unit Move-In Date "Future 6. Contract Number _ 18. Certification Type GR = A26R00002 ; 19 Action Processed 7. 8. TRACSMail ID Plan of Action Code . tracm022,28 20. Correction Type t 9. HUD-Owned Project? 21. Cert. Correc ion Date 'Future 1, 10. 11. Region Code Field Office Code 22. Previous Subsidy Type 'Futan' 23. Previous Housing Code 'Fut ,re 12. FIPS County Code _ _ 24. Displacement Status Future _ ;ection C.' Household Information 44 45 46. No. I Last Name rirstr -e MI "e- 1. 43 Sex R ace IE h. Birth Date k47 p c 1 GOTTSHALL J= iNIFE' 2 GOTTSHALL T ` !A-IA 3 Gottshall J_. /ra 53. Family is Mobility Imp<: -s,d? 0 54. Family is Hearing Imp;:' ed? 0 55. Family is Visually Imp,, :-d? o 63. Previous Head Last N_, -e 64. Previous Head First Name 65. Previous Head Middle I mtial Section D. Incom_., nformaticn For Personal Records ONLY - Not for Submission to the Federal Government (exp. 12/31/2007) 25. Unit Number 1 215 26. No. of Bedrooms 2 27. Building ID " Future 28. Unit Transfer Code 29. Previous Unit No. 30. Security Deposit 195 31. Market Rent 0 32. Contract Rent 733 33. Utility Allowance 72 34. Gross Rent 805 35. Conversion Date Code 36. Age 62 at Conversion Indicator 37. Continuous Section 8 Indicator 48. 49. ID Code Elig. (SSN) Code 189-66-7865 EC 161-82-7062 EC 187-82-8681 EC 50. 51. 52. Alien Reg. Age at Work Number Cert. Codes 23 4 2 3 60. Expected Family Addition - Adoption 0 0 61. Expected Family Addition - Pregnancy 0 3 62. Expected Family Addition - Foster Children 0 2 Mbr. 70. 71. 72. 78. Income Type Corr mount `-5N Benefits Mbr No. 1 vv w4on-rea. vvage) I 73. Total Employme neon 74. Total Pension In -ne 75. Total Public Asc nce 76. Total Other Incc 77. Total Non-Asset come 89. Total Annual Income 90. Lower Income Limit 91. Very Low Income Limi, 92. Extremely Low Income: _imit 93. Current Income Statu, 3 94. Eligibility Universe Co 95. Section 8 Assist. 198- dicatf 96. Income Exception Co, 97. Police / Security Tena 98. Survivor of Qualifier? 99. Household Assistance. >'atus Previous versions of this forma obsol This form also replaces HUD-5 59-D, - 17,680 56. 1:u -ber of Family Members 57. f _ :ber of Non-Family Meml: 58. 1•'_ nber of Dependents 59. 1;_ber of Eligible Members Claim No. No. 'Future 1 66. Previous Effective Date 67. Previous Head ID 68. Previous Head Birth Date Section E. Asset Information 79. 82. Description Status Cash Value Actual Yearly Income Members First CU Sa C 42 0 83. Date Divested `Future ,680 84. Cash Value of Assets 42 0 85. Actual Income from Assets 0 )me 0 86. HUD Passbook Rate 2.0000% 0 87. Imputed income from Assets 0 680 88. Asset Income 0 Sec._an F. Allowances '& Rent Calculations 17,680 47,250 29,500 17,750 tr. Low) fter 81) N N E _u. Allowance for Dependents 960 1 Ci 1. Child Care Expense (work) 0 1 C2. Child Care Expense (school) 0 3% of Income 530 Disability Expense 0 Disability Allowance 0 . Medical Expense 0 . Medical Allowance 0 3. Elderly Household Allowance 0 1 C . Total Allowances 960 _ 1 i. Adjusted Annual Income 16,720 Page 2 of 2 F & -G. CLASSIC Real Estate Systems. LLC R 11 1 F (White (N) 07/29/1984 A F "Future "F 10/03/2003 D 1 F "Future "F 03/07/2005 111. Total Tenant Payment 418 112. Tenant Rent 346 113. Utility Reimbursement 0 114. Assistance Payment 387 115. Welfare Rent 0 116. HCDA Percentage 30 00 117. Percentage Actually Charged . 0 30 118. Hardship Exemption . 119. Waiver Type Code "Future form HUD-50059 (04/2005) HB 4350.3 Rev 1 OvKner's Certificant !_,n c _ .omr ",ince U. S. Department of Housing with H U D?'s Te n! E ;C f7 k f ity - and Urban Development Office of Housing and Rent Procedures Federal Housing Commissioner NOT for submission to the Federal Government Landlord's Official Record of Certification OMB Approval Number 2502-0204 (exp. 12/3112007) Section A. Read this before you complete and sign this form HUD-50059 Public Reporting Burden. l he re; :u Ling burden for this collection of information is estimated to average 55 minutes per response, including the time for reviewing instructions 3arching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of informat' r. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions fcr reducing . is burden, to the Office of Management and Budget, Paperwork Reduction Project (2502-0204), Washington, DC 20503. The inforr,. ,tin is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay o,.vard rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial , tarest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer ma-,ch to , , rify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevEnt, and 'D civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released or, clde of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Sec_ rit; Numi (SSNs) YOU and all other household family members age six (6) years and older, have and use. Giving the SSNs of all farri', me 0. age six (8) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information ma; esu!, a delay or rejection of your eligibility approval. Privacy Act Statement. The Depa: ,rent of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended ?22 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-181); the Housing and Community Developme; t Tee --al Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). Tenant(s)' Certification -[/ .'e ce;' that the information in Sections C, D, and E of this form are true and complete to the best of my/our knowledge and belief. INV: _inders d that I/we can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent incre -.sea, furnish false or incomplete information. Owner's Certification -l certify tha' this Tenant's eligibility, rent and assistance payments have been computed in accordance with HUD's regulations and administrative proc _uures and that all required verifications were obtained. Warning to Owners and Tcr;ants 3: signing t its form, you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicah'f_ -erti- -_A on. False Claim Statement. ',; v ning .S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times C amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knc; n ing{y ,,tikes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim _:D, Ned or paid. Name of Project Unit Number Effective Date Certification I Boiling Springs Apartme,- 1 215 10/18/2007 GR Head of Household Total Tenant Payment Assistance Payment Tenant Rent JENNIFER R. GOTTS 418 387 346 Tenant Si natures Head of Household Date Other Adult Date Fur Spouse / Co-Head Date urpo! Other Adult Date Other Adult Cate Other Adult Date Other Adult irate Other Adult n?+e to date I Other Adult L rte Owner/AgentSignature Owner/Agent Voucher Check this box if Tenant i, unabi sign for a fecitio-gate reason Anticipated 01/01/2008 Previous versions of this form , r obsol : Page 1 of 2 form HUD-50059 (04/2005) This form also replaces HUD-5'_ 9-0, & -G. CLASSIC Real Estate Systems, LLC HB 4350.3 Rev 1 Owner's Certification of Corr 3nc wth HUD's Tenant Eligibility and Rent Procedures Se 1. Project Name 2. Subsidy Type 1 (Section 8) 3. Secondary Subsidy Type 4. Property ID *Future 5. Project Number 6. Contract Number PA26R000020 7. TRACSMail ID tracm02228 8. Plan of Action Code 9. HUD-Owned Project? N 10. Region Code *Future 11. Field Office Code *Future 12. FIPS County Code *Future c e U. S. Department of Housinc and Urban Development Office of Housing Federal Housing Commissioner ction B. Summary Information For Personal Records ONLY - Not fc Submission to the Federal Governmei (exp. 12/31/200-, 13. Effective Date 11/30/2007 14. Anticipated Voucher Date 01/01/2008 15. Next Recertification Date 03/01/2008 16. Project Move-In Date 03/03/2004 17. Unit Move-In Date *Future 18. Certification Type TM 19. Action Processed 20. Correction Type 21. Cert. Correction Date *Future 22. Previous Subsidy Type 23. Previous Housing Code 24. Displacement Status usehold 38. No. 39. Last Name 40. First Name 41. MI 42. Rel. 43. Sex 44. Race 1 GOTTSHALL JENNIFER R H F 1 (White 2 GOTTSHALL TANAYIA A D F *Future 3 Gottshall Jakyra D D F *Future 53. Family is Mobility Impaired? No 54. Family is Hearing Impaired? No 55. Family is Visually Impaired? No 63. Previous Head Last Name 64. Previous Head First Name 65. Previous Head Middle Initial Seetitiri D.__Inco 69. 70. Mbr. Income Type Code No. 1 W (Non-Fed. Waqe) 47 Birth Date pec 07/29/1984 10/03/2003 '/07/2005 25. Unit Number 1 215 26. No. of Bedrooms 2 27. Building ID *Future 28. Unit Transfer Code 29. Previous Unit No. 30. Security Deposit 195 31. Market Rent 0 32. Contract Rent 733 33. Utility Allowance 72 34. Gross Rent 805 35. Conversion Date Code 36. Age 62 at Conversion Indicator 37. Continuous Section 8 Indicator 48. 49. 50. 51. 52 ID Code Elig. Alien Reg. Age at . Work (SSN) Code Number Cert. Code: 189-66-7865 EC 23 161-82-7062 EC 4 187-82-8681 EC 2 56. Number of Family Members 3 60. Expected Family Addition - Adoption 57. Number of Non Family Memb 0 0 61. Expected Family Addition - Pre g 0 58. Number of Dependents 2 9 Y 59. Number of Eligible Members 3 62. Expected Family Addition -Foster Children 0 66. Previous Effective Date 67. Previous Head ID 68. Previous Head Birth Date Information Section E. Asset Information 71. 72. 78. 82. 83. Amount SSN Benefits Mbr. Description St80. atus Cash Value Actual Yearly Date Claim No. No. Income Divested 17,680 *Future 1 Members First CU Sa C 42 0 *Future 73. Total Employment Income 74. Total Pension Income 75. Total Public Assistance Income 76. Total Other Income 77. Total Non-Asset Income 89. Total Annual Income 17,680 90. Lower Income Limit 47,250 91. Very Low Income Limit 29,500 92. Extremely Low Income Limit 17,750 93. Current Income Status 3 (Extr. Low) 94. Eligibility Universe Code 2 (after 81) 95. Section 8 Assist. 1984 Indicato 96. Income Exception Code 97. Police / Security Tenant? N 98. Survivor of Qualifier? N 99. Household Assistance Status E Previous versions of this form are obsolete. This form also replaces HUD-50059-D, -E, -F, & -G. 17,680 84. Cash Value of Assets 0 85. Actual Income from Assets 0 86. HUD Passbook Rate 0 87. Imputed Income from Assets 17,680 88. Asset Income traI , i CU1 100. Allowance for Dependents 960 101. Child Care Expense (work) 0 102. Child Care Expense (school) 0 103. 3% of Income 104. Disability Expense 530 105. Disability Allowance 0 0 106. Medical Expense 0 107. Medical Allowance 0 108. Elderly Household Allowance 0 109. Total Allowances 960 110. Adjusted Annual Income 16,720 Page 2 of 2 CLASSIC Real Estate Systems, LLC 42 0 2.0000% 0 0 111. Total Tenant Payment 805 112. Tenant Rent 733 113. Utility Reimbursement 0 114. Assistance Payment 0 115. Welfare Rent 0 116. HCDA Percentage 30 00 117. Percentage Actually Charged . 0 30 118. Hardship Exemption . 119. Waiver Type Code *Future form HUD-50059 (04/200,1 HB 4350.3 Rev Owner's Certification of Corr; 3nce U. S. Department of Housinc NOT for submission to the Federal Governmei Landlord's Official Record of Certificatic m+ith'HUDrs Tenant Eligibility and Urban Development Office of Housing OMB Approval Number 2502-02C and Rent Procedures Federal Housing Commissioner (exp. 12/31/200. Section A. Acknowledgements Read this before you complete and sign this form HUD-50059 Public Reporting Burden. The reporting burden for this collection of information is estimated to average55 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(2502-0204), Washington, DC 20503. The information is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer match to verify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Security Numbers (SSNs) you, and all other household family members age six (6) years and older, have and use. Giving the SSNs of all family members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information may result in a delay or rejection of your eligibility approval. Privacy Act Statement The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-1811; the Housing and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). Tenant(s)' Certification -I/We certify that the information in Sections C, D, and E of this form are true and complete to the best of my/our knowledge and belief. I/We understand that Vwe can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent increased, if Vwe furnish false or incomplete information. Owner's Certification -1 certify that this Tenant's eligibility, rent and assistance payments have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obtained. Warning to Owners and Tenants. By signing this form, you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicable Certification. False Claim Statement. Warning: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. Gertification Summary from Paae 2 Name of Project Boiling Springs Apartments Head of Household JENNIFER R. GOTTSHALL Unit Number 1 215 Total Tenant Payment 805 Effective Date 11/30/2007 Assistance Payment 0 Certification Type TM Tenant Rent 733 Tenant Si natures Head of Household Date V Other Adult Date pouse / Co-Head Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Owner/Agent " " Signature Ow gent I J ev Date eck this box enant is unable to sign for a legitimate reason Antici ate ouc r Date e-6 - 01/01/2008 Previous versions of this form are obsolete. Page 1 of 2 form HUD-50059 (04/200,1 This form also replaces HUD-50059-D, -E, -F, & -G. CLASSIC Real Estate Systems, LLC HB 4350.3 Rev Owner's Certification of Comb; Ace U. S. Department of Housing For Personal Records ONLY- Not fc and Urban Development Submission to the Federal Governmei with HUD's Tenant Eligibility Office of Housing an`d-F kent Procedures Federal Housing Commissioner (exp. 03/311201 Section B. Summary Information 1. Project Name 13. Effective Date 10118/2008 25. Unit Number 1 215 Boiling Springs Apartments 14. Anticipated Voucher Date 11/01/2008 26. No. of Bedrooms 2 Subsidy Type 1 (Section 8) 2 15. Next Recertification Date 03/01/2009 27. Building ID *Future . 3. Secondary Subsidy Type * 16. Project Move In Date 03/03/2004 28. Unit Transfer Code Previous Unit No 29 Future 4. Property ID 17. Unit Move-In Date Future . . 30. Security Deposit 195 5. Project Number 6. Contract Number PA26R000020 18. Certification Type TM Action Processed 19 31. Market Rent 0 7. TRACSMail ID tracm02228 . 20. Correction Type 32. Contract Rent 751 33. Utility Allowance 72 8. Plan of Action Code HUD-Owned Project? N 9 21. Cert. Correction Date *Future 34. Gross Rent 823 . 10. Region Code *Future 22. Previous Subsidy Type Previous Housing Code 23 35. Conversion Date Code 11. Field Office Code *Future * . 24. Displacement Status 36. Age 62 at Conversion Indicator 37 Continuous Section 8 Indicator Future 12. FIPS County Code . S ection C. Household Information 38 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. . No Last Name First Name MI Rel. Sex Race Eth. Birth Date Special ID Code Elig. Alien Reg. Age at Work . Status (SSN) Code Number Cert. Code! 1 GOTTSHALL JENNIFER R H F 1 (White 2(N 07/29/1984 189-66-7865 EC 24 2 GOTTSHALL TANAYIA A D F *Future *F 10/03/2003 161-82-7062 EC 5 3 Gottshall Jakyra D D F *Future *F 3/07/2005 187-82-8681 EC 3 53. Family is Mobility Impaired? No 56. Number of Family Members 3 60. Expected Family Addition - Adoption 0 54. Family is Hearing Impaired? No 57. Number of Non-Family Memb 0 61. Expected Family Addition- Pregnancy 0 55. Family is Visually Impaired? No 58. Number of Dependents 2 62. Expected Family Addition - Foster Children 0 59. Number of Eligible Members 3 63. Previous Head Last Name 66. Previous Effective Date 64. Previous Head First Name 67. Previous Head ID 65. Previous Head Middle Initial 68. Previous Head Birth Date SSgtion D. "Income Information Section E. et Information 69. 70. 71. 72. 78. 79. 80 81 82. 83. Mbr. Income Type Code Amount SSN Benefits Mbr. Description . Status . Cash Value Actual Yearly Date No. Claim No. No. Income Divested 1 W (Non-Fed. Waqe) 17,680 *Future 1 Members First CU Sa% C 42 0 *Future 73. Total Employment Income 17,680 84. Cash Value of Assets 42 74. Total Pension Income 0 85. Actual Income from Assets 0 75. Total Public Assistance Income 0 86. HUD Passbook Rate 2.0000% 76. Total Other Income 0 87. Imputed income from Assets 0 77. Total Non-Asset Income 17,680 88. Asset Income 0 Section F. Allowances & Rent Calculations 89. Total Annual Income 17,680 100. Allowance for Dependents 960 111. Total Tenant Payment 823 90. Lower Income Limit 48,600 101. Child Care Expense (work) 0 112, Tenant Rent 751 91. Very Low Income Limit 30,400 102. Child Care Expense (school) 0 113. Utility Reimbursement 0 92. Extremely Low Income Limit 18,250 103. 3% of Income 530 114. Assistance Payment 0 93. Current Income Status 3 (Extr. Low) 104. Disability Expense 0 115. Welfare Rent 0 94. Eligibility Universe Code 2 (after 81) 105. Disability Allowance 0 116. HCDA Percentage 30.00 95. Section 8 Assist. 1984 Indicato 106. Medical Expense 0 117. Percentage Actually Charged 0.30 96. Income Exception Code 107. Medical Allowance 0 118. Hardship Exemption 97. Police / Security Tenant? N 108. Elderly Household Allowance 0 119. Waiver Type Code *Future 98. Survivor of Qualifier? N 109. Total Allowances 960 99. Household Assistance Status E 110. Adjusted Annual Income 16,720 Previous versions of this form are obsolete. Page 2 of 2 form HUD-50059 (04/200! This form also replaces HUD-50059-D, -E, -F, & -G. Yardi CLASSIC HB 4350.3 Rev Owner's Certification of Com*ce with HUD's Tenant Eligibility an'd Rent Procedures U. S. Department of Housing NOT for submission to the Federal Governmei and Urban Development Landlord's Official Record of Certificatic Office of Housing OMB Approval Number 2502-02C Federal Housing Commissioner (exp. 03131/201 r Section A. Acknowledgements Read this before you complete and sign this form HUD-50059 Public Reporting Burden. The reporting burden for this collection of information is estimated to average55 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(2502-0204), Washington, DC 20503. The information is being collected by HUD to determine an applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and utilities. HUD uses this information to assist in managing certain HUD properties, to protect the Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public Housing Authority (PHA) may conduct a computer match to verify the information you provide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the information requested, including the Social Security Numbers (SSNs) you, and all other household family members age six (6) years and older, have and use. Giving the SSNs of all family members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility. Failure to provide any information may result in a delay or rejection of your eligibility approval. Privacy Act Statement The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et. seq.); the Housing and Urban-Rural Recovery Act of 1983 (P.L. 98-187); the Housing and Community Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community Development Act of 1987 (42 U.S.C. 3543). Tenant(s)' Certification -1/We certify that the information in Sections C, D, and E of this form are true and complete to the best of my/our knowledge and belief. I/We understand that Vwe can be fined up to $10,000, or imprisoned up to five years, or lose the subsidy HUD pays and have my/our rent increased, if Uwe furnish false or incomplete information. Owner's Certification -1 certify that this Tenant's eligibility, rent and assistance payments have been computed in accordance with HUD's regulations and administrative procedures and that all required verifications were obtained. Warning to Owners and Tenants. By signing this form, you are indicating that you have read the above Privacy Act Statement and are agreeing with the applicable Certification. False Claim Statement. Warning: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. Cetication Summary from Page 2 Name of Project Boiling Springs Apartments Unit Number 1 215 Effective Date 10/18/2008 Certification Type TM Head of Household JENNIFER R. GOTTSHALL Total Tenant Payment 823 Assistance Payment 0 Tenant Rent 751 Tenant Si natures Head of Household Date Other Adult Date Spouse / Co-Head Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Other Adult Date Owner/Ag ent Signature Owner/Agent Date Check this box if Tenant is unable to sign for a legitimate reason Anticipated Voucher Date 4 4 1n4 r7nn4 11/V I/LVVV Previous versions of this form are obsolete. Page 1 of 2 form HUD-50059 (04/200: This form also replaces HUD-50059-D, -E, -F, & -G. Yardi CLASSIC HB 4350.3 Rev -mow BOILING SPRINGS APARTMENTS 297 Plaza Drive, Boiling Springs, PA 17007 Telephone (717) 258-8387 Fax (717) 258-8250 September 28, 2007 Jennifer Gottshall 215 Plaza Drive Boiling Springs, PA 17007 Jennifer: It has been observed that your mother, Denise Gottshall, has been residing in your unit. You are required to prove that Denise is not living at BSA, or to have her sign the lease and required paperwork in our office within 10 days. As you are aware, the only individuals permitted to reside in your unit are those listed on your Certification and Recertification of Tenant Eligibility. An individual not listed on the Certification and Recertification of Tenant Eligibility residing in your unit is a violation of your lease and family obligation and is cause for termination from the rental assistance program. To avoid having an immediate problem concerning this issue, please limit overnight stays to no more than one per week and submit the following documents to our office by October 10, 2007 proving that this individual is not residing in your unit. These documents must be current and contain the individual's name with their current address. This address may not be a post office box; it must be a street address. All information given will be verified with the proper agencies. Please submit copies of all of the following documents: (1) Copy of a current lease showing individual's name on lease (2) Drivers License (3) Current vehicle registration and vehicle insurance card (4) Copy of current utility bill (5) Copy of her current personal tax receipt (6) Copy of current pay stub Failure to produce all of the above mentioned documents by October 10, 2007 could result in termination from the rental assistance program. Melissa Baranishyn Property Manager Cc: GN MG TTY 800-280-2880 TTY Espanol800-280-2884 L? Boiling Springs Apartments is an equal opportunity provider and employer and does not discriminate on the basis of race, color, religion, sex, ancestry, national origin, age, familial status or disability. To file a complaint of discrimination write to GN Management, Inc. Senior Asset Manager, 2316 Dairy Road, Lancaster, PA 17601 or call (717) 898-2292 extension 232. 0 GN MANAGEMENT, INC. Boiling Springs Apartments 297 Plaza Drive Boiling Springs, PA 17007 (717) 258-8387/FAX (717) 258-8250 TDD 800-334-3286 LEASE VIOLATION NOTICE 10/17/07 Jennifer Gottshall 215 Plaza Dr. Boiling Springs, PA 17007 Dear Ms. Gottshall: We have sent you notification that your mother, Denise Gottshall, was observed living in your apartment, along with a dog. We notified you on September 28, 2007 that you had 10 days to provide current documentation proving this individual is not living in your unit or add this individual to your Certification and Recertification of Tenant Eligibility. Please be advised that this situation is a violation of your House Rules and Lease at this property. You have been given notice that you have chosen to ignore. You must provide PROOF that Denise Gottshall and the dog have left your residence immediately or your rental assistance will be terminated. Your subsidy will be terminated in 30 days from the date of this letter if this proof is not provided to the office. You have also received two Lease Violations concerning the dog in your unit, first violation sent 9/21/07 and the next on 9/28/07. This animal MUST BE REMOVED FROM BSA PROPERTY IMMEDIATELY. We do not permit dogs at BSA. Pets may not live or visit the premises. Item 14 of your Lease Agreement states: The Tenant agrees to obey the House Rules that are Attachment No. 3 to this Agreement. Item 4 of the Lease states: Changes in Tenants Share of the Rent: The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if. f. the Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord. Item 13 d of your Lease states: The Tenant must live in the unit and the 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 **Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures, 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: 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. Item 35 of your House Rules states: No pets (either to live or visit) are permitted on the premises. These animals include, but are not limited to; cats, dogs, hamsters, gerbils, mice, snakes, ferrets, rabbits, guinea pigs and any animal which could be considered to be a farm animal. Animals that are used to assist the handicapped are not considered pets; however, notification must be made to the Community Manager if such an animal is expected to be on the property. If the need for the animal is not obvious, documentation may be requested as proof that the animal is indeed a service or support animal. 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. Item 23 Termination of Tenancy subparagraph d. (1) one or more substantial violations of the lease (2) of your lease states: material non-compliance includes 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 of the leased premises and related project facilities, (c) interfere with the management of the project, or (d) have an adverse financial effect on the project. Please take a moment to read your Lease and House Rules one more time. If you have any questions concerning the Rules or Lease please contact the office. If this behavior continues we will have no choice but to begin eviction proceedings on your household. This is a family property and the Lease and House Rules must be followed to allow everyone to have an enjoyable place to reside. Please have this animal removed from our property immediately. You have been in violation of the Lease, and have received prior notices, this behavior is not acceptable. You were given the Lease and House Rules to review, and a copy to take with you, plus we explained that no one else was permitted to move into your unit without permission form management, you have chosen to ignore this, thus putting your residency in jeopardy. This behavior must change immediately. This is not the first time you have violated the same Rule, prior to this you had a male living in your unit and knowingly provided false documents for his residency. If you fail to report changes in your household, within 10 calendar days, according to your lease, your HUD Subsidy will be terminated in 30 days, effective 11/17/07 your rent will increase to Market Rent of $715.00 per month for your unit. You are hereby advised that you have ten (10) days in which to discuss this violation with the Property Manager. Be advised your lease will be terminated should this behavior continue. Sincerely, Manager GN Management, Inc. Cc: File GN Mgt. GN MANAGEMENT, INC. Boiling Springs Apartments 297 Plaza Drive Boiling Springs, PA 17007 (717) 258-8387/FAX (717) 258-8250 TTY 800-855-2880 Date: November 5, 2007 Office Memo to Resident Name: Jennifer Gottshall Unit: 215 Message: We received the attached receipt this morning in our drop box. We believe your mother dropped it into our box by accident, so we are returning it to you for your mother. If this is in regards to the letter sent to you 9/28/07 and 10/17/07 this does not qualify as one of the six required documents to prove domicile for your mother Denise Gottshall. Please call if you have any questions, or need additional time. Thank you in advance for your cooperation. If you have any questions feel free to call the office at 258-8387. Thank You, M ei4scv 3ara4V?vyw Melissa Baranishyn Property Manager EQUAL HOUSING OPPORTUNITY 6. COSTOPOULOS BONDING 10 SOUTH COURTHOUSE AVENUE - SUITE 103 CARLISLE, PENNSYLVANIA 17013 TELEPHONE - 243-3414 ?l ? Z C.V -- - ? 00 ?_ 1? "I • NOTICE OF LEASE AMENDMENT 12/3/2007 JENNIFER GOTTSHALL 215 Plaza Drive, Boiling Springs, PA 17007 Dear Tenant: Your monthly rent has been adjusted to $733 effective for the month beginning 12/1/2007 as a result of -ta; ;,? k .,-, 4, 0 This notification amends Paragraph 3 of your lease agreement which sets forth the amount of rent you pay each month. Please report to the Rental Office within ten days from the date of this letter to sign the certification and complete the recertification process. HUD requires all household members age 18 and over to sign these documents. At that time, you will receive a copy of the Form 50059 Owner's Certification of Compliance with HUD's Tenant Eligibility for your records. You should substitute the form in place of the previous 50059 that is attached to your lease. The 50059 shows you the income we used to calculate your new rent and the amount of rental assistance, if any, that HUD pays monthly on your behalf. If you do not sign the certification within the ten days, your lease gives us the right to terminate your subsidy and increase your rent. You may call me at (717) 258-8387 if you wish to arrange a meeting to discuss the above. Sincerely, Melissa af'a?ni Occupancy Manager t?l & Equal Housing Opportunity Mai a? C\\MtV \ect? \t?t m? ---lVm 0 ?km?? 0 ?, ___'_as GN MANAGEMENT, INC. Boiling Springs Apartments 297 Plaza Drive Boiling Springs, PA 17007 (717) 258-8387/FAX (717) 258-8250 TTY 800-855-2880/Para Espanol 1-800-855-2884 December 5, 2007 Jennifer Gottshall 215 Plaza Drive Boiling Springs, PA 17007 Dear Ms. Gottshall; This letter is in response to the note you dropped off at the office last night. You inquired as to why the rent had changed on your account. Your subsidy has been terminated effective 11/30/2007 as indicated in the letter sent to you on October 17, 2007. This letter stated that the subsidy would be terminated effective 11/17/07 if you failed to report changes in your household. You have failed to provide the required documentation. We have sent you letters, and all go without response. It is imperative that you respond to any violation letter for your household. We graciously gave you additional time to provide the documentation, still no response. You gave us no alternative but terminating the subsidy for your unit. I will attach copies of the violation letters sent to you on September 27, 2007 and October 17, 2007. The letter dated September 28, 2007 has the detailed list of items that are required to prove domicile for Denise Gottshall. Termination of assistance does not affect your other rights under the lease, including the right to occupy the unit. However, failure to pay the increased rent could result in termination of tenancy, court hearings, and additional late fees and court costs to your account. Sincerely, - Melissa Bar *sh Boiling Springs Apts. EQUAL HOUSING OPPORTUNITY (51 ? ,_T , EXHIBIT 1. Parties and Dwelling Unit: 2. Length of Time (Term): 3. Rent: * * 4. Changes in the Tenant's Share of the Rent: MODEL LEASE FOR SUBSIDIZED PROGRAMS The parties to this Agreement are Boiling Springs Associates , referred to as he Landlord, and TEA I ff- mek7r-itfin C L referred to as the Tenant. The Landlord leases to the Tenant(s) unit number, -'?J.??locaiad at 2f,-i- Plaza Drive, Boiling Springs, PA 17007 in the project known as Boiling Springs tpartments. The initial term of this Agreement shall begin ort `a, and end on A' ` `. After the initial term ends, the Agreement will continue for successive terms of one me nth each unless automatically terminated as permitted by paragraph 23 of this Agreement. The Tenant agrees to pay $ IV ? for the partial month ending on Z l? .. After that, ' Tenant agrees to pay a rent of $ e per month. This amount is due or, the first day of the month at the office located at 297 Plaza Drive Boiling Springs PA 17007. The Tenant understands that this monthly rent is less than the market (unsubs idized) 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 tenart assistance payment and is shown on the "Assistance Payment" line of the **Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures** form which is Attachment No. 1 to this Agreement. The Tenant agrees that the amount of rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if: 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 1 of 12 Chg. 2 Lease 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 the rent shown in paragraph 3 by the end of the Payments and 5th day of the month, the Landlord may Collect a fee of $5 on the 6th day of the month. Returned Thereafter, the Landlord may collect $1 for each additional day the rent remains unpaid Checks: 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 $20.00 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. 6. Condition of By signing this Agreement, the Tenant acknowledges that the unit is safe, clean and in good Dwelling Unit: 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 services related to occupancy of Utilities and the unit will be paid. The Tenant agrees that these charts accurately describe the utilities and Services: services paid by the Landlord and those paid by the Tenant. 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) (2) Put "x" by any Utility Type of Utility Put an "x" by any utility Tenant pays directly included in Tenant Rent X Heat X Lights, Electric 2of12 Chg. 2 Lease X Cooking Water X Other - Specify X Sewer & Trash 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 $ N/A Other (Specify) $ N/A 8. Security The Tenant has deposited $a with the Landlord. The Landlord will hold this security Deposits:** 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 refuted 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. 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 **actual % paid by financial institution, beginning the first day of the lease**, 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 8c within 30 3of12 Chg. 2 Lease 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 were 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 $10.00 for each key not returned. 10. Maintenance: 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, 4of12 Chg. 2 Lease 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 be made in or to the premises without the prior Alterations: 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 unit must be the Tenant's only place of residence. Restrictions:** The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the **Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures, 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 5of12 Chg. 2 Lease reasonable accommodation to the tenant's disability, and will allow animals to accompany visitors with disabilities who need such animals as an acconnnodation 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 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 Every year around the first day of V , the Landlord will request the Tenant to report the Scheduled income and composition of the Tenant's household and to supply any other information Recertifications: 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 re-compute 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. 6of12 Chg. 2 Lease 16. Reporting a. If any of the following changes occur, the Tenant agrees to advise the Landlord Changes immediately. Between (1) Any household member moves out of the unit. Regularly (2) An adult member of the household who was reported as unemployed on the Scheduled most recent certification or recertification obtains employment. Recertifications: (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 a. The Tenant understands that assistance made available on his/her behalf may be Subsidy: 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 re-computed. 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. (2) The amount the Tenant would be required to pay towards rent and utilities under 7of12 Chg. 2 Lease 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 any application, certification or request for interim Obligation To adjustment or does not report interim changes in family income or other factors as required Repay: 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 Landlord to assign units **in accordance with Dwelling:** the Landlord's written occupancy standards. These standards include consideration of unit size, relationship of family members, age and sex of family members and family 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 a. The Landlord agrees to enter the unit only during reasonable hours, to provide Landlord:** reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving 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 in advance to the following entries into the unit: (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 8of12 Chg. 2 Lease 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 based upon race, color, religion, creed, National Prohibited: origin, sex, age, familial status, and disability. 22. Change in Rental The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement: 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 a. To terminate this Agreement, the Tenant must give the Landlord 30-days written Tenancy:** notice before moving from the unit.** 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; 4. 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 9of12 Chg. 2 Lease 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); (b) or that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; 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 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 the health, safety, or right to peaceful enjoyment of the premises by other residents; 10. 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 10 of 12 Chg. 2 Lease 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; • 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. 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. 25. Penalties for Knowingly giving the Landlord false information regarding income or other factors Submitting False considered in determining Tenant's eligibility and rent is a material noncompliance with the Information: 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. 11 of 12 Chg. 2 Lease 26. Contents of this This Agreement and its Attachments make up the entire agreement between the Landlord and Agreement: 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. 27. Attachments to The Tenant certifies that he/she has received a copy of this Agreement and the following the Agreement: Attachments to this Agreement and understands that these Attachments are part of this * * Agreement. a. Attachment No. 1 - Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures, form HUD-50059** b. Attachment No. 2 - Unit Inspection Report. c. Attachment No. 3 - House Rules. d. Attachment No. 4 - Rural Development 515 Certification Addendum 28. Tenants' rights to Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities organize: related to the establishment or operation of a tenant organization set out in accordance with HUD requirements. 29. Tenant Income The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a Verification: member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 30. The lease agreement will terminate automatically, if the Section 8 Housing Assistance contract terminates for any reason. 31. Signatures: TENAN JAY, 2. 3. tea4 Date Signed Date Signed Date Signed Z of l.3 ,Q E,, Date Signed 12 of 12 Chg. 2 Lease BOILING SPRINGS APARTMENTS 297 Plaza Drive, Boiling Springs, PA 17007 Telephone (717) 258-8387 Fax (717) 258-8250 August 29, 2008 Jennifer Gottshall 215 Plaza Drive Boiling Springs, PA 17007 RE: TERMINATION OF LEASE AGREEMENT Dear Ms. Gottshall: This letter shall serve as your 10 day notice of termination of your lease agreement in accordance with Pennsylvania State Law. THIS AGREEMENT WILL BE TERMINATED ON: September 8, 2008 You have violated the lease when you did not make payment(s) for: March Rent $232.99 April Rent 733.00 May Rent 733.00 June Rent 733.00 July Rent 733.00 August Rent 733.00 Maintenance Fees 438.05 "Late Fees 204.00 * add $1 for each additional day until paid. TOTAL: $3,398.04 If you do not pay the total amount listed above by the termination date you must leave the leased premises. If you do not leave the leased premises and give possession of the leased premises to Landlord within 10 days, the Landlord will begin a lawsuit in court to have you removed from the leased premises. If payment is received on or before the termination date no legal action will be taken. You have the right as a tenant to defend this action in court if any action is brought. You are hereby advised that you have ten (10) days in which to discuss this proposed termination with the Landlord. The ten days will end September 8, 2008. AFFIDAVIT OF SERVICE I, the undersigned individual, state that I did serve a copy of the attached Notice To Quit upon Jennifer Gottshall, the Tenant, by mailing and posting a copy of the Notice To Quit on the Leased Premises, 215 Plaza Drive, Boiling Springs, PA 17007, and a copy mailed to Grace E. D'Alo, MidPenn Legal Services, 401 E Louther Street, Suite 103, Carlisle, PA 17013 on August 29, 2008. Sincerely, Property Manager TTY 800-855-2880 TTY Espanol 800-855-2884 L? Boiling Springs Apartments is an equal opportunity provider and employer and does not discriminate on the basis of race, color, religion, sex, ancestry, national origin, age, familial status or disability. To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (800) 795-3272 of TDD (202) 720-6382. ? I NOV-20-2008 12:24 FROM:BOILING SPRINGS APAR C717)258-8250 T0: 2991811 ' P.2i7 Resident Ledger Boiling Springs Apartments 297 Plaza Drive Boiline Spines. PA 17007 Run Date : 11/20/2008 Resident Name : JENNIFER GOTTSHALL Unit Number : 1-215 Unit Address: 215 Plaza Drive, Boiling Springs, PA 17007 Lease Begin Date : 10/18/2008 Move In Date : 03/03/2004 Lease End Date : 11/06/2008 Move Out Date : 11/06/2008 Refundable Deposits Deposit Type Amount Security Deposit 195.00 Total Deposits 195.00 Resident Historical Transactions Home Phone : Work Phone : (717) 243-9669 Number of Occupants : 3 Rent Due Day : 1 Base Rent: 751.00 Tenant Total $8,391.55 Trans Date service Date T-Type Description Charge Payment Credit Adjustment Balance Tenant 06/29/2004 03103/2004 Charge Security Deposit 25 00 06/30/2004 03/03/2004 Payment (Check Security Deposit . 25,00 (Pensonal/FriendTamily)) 25.00 0.00 S2004-063 10/01/20M 10/01/2004 Charge Rent 10/0512004 10/01/2004 Payment (Money Order) 0 Rent ReR 036716732 1 1100 11.04 1100 11101/2004 11/01/2004 Charge Rent 11/05/2004 11/0112004 Payment (Money Order) 3 Rent Refll: 0366794613 11.00 11.00 12101/2004 12/01/2004 Charge Rent 1100 0.00 12110/2004 1210112004 Payment (Money Order) 7 Rent Refl1: 033111792 9 11.00 1100 01/01/2005 01/01/2005 Charge Rent 11.00 0,00 01/0512005 01/01/2005 Payment (Money Order) Rent Re0Y:0331119693 1100 11.00 10 11,00 0.00 02/0112005 02/01/2005 Charge Rent 02/02/2005 02/01/2005 Payment (Money Order) Rent ReBi: 033112139 4 1100 1100 15 11.00 0.00 02/08/2005 02/08/2005 Charge Maintenance Charges 20,40 03/01/2005 03/0112005 Charge Rent 20.40 03/07/2005 03/01/2005 P yment (Money Order) Rent Rcfii: 033112255 5 11.00 3].40 a 11.00 20,40 03124/2005 02/08/2005 Payment (Money Order) Maintenance Charges Refit: 033112427 4 22 10.00 10.40 04/01/2005 04/01/2005 Charge Rent 04105/2005 02/09/2005 Payment (Morey Order) Maintenance Charges RefN; 033112493 1 1100 21.40 25 10.40 11.00 04/05/2005 04/01/2005 Payment (Money Order) Rent RefH: 033112494 9 25 11,00 0.00 Page 1 of 6 4 NOV-i20-2008 12:24 FROM:BOILINGa SPRINGS APAR (717)258-8250 TO:2991811 P.3/7 Resident Ledger Boiling Springs Apartments 297 Playa Drive BoilineSorines. PA 17007 Run Date : 11/20/2008 Resident Name : JENNIFER GOTTSHALL Unit Number : 1-215 Trans Date Service Date TransTypa Description Charge Payment Credit Adjustment Balance Tenant 0510112005 05/01/2005 Charge Rent 25.00 25.00 05/09/2005 0510112005 Payment(Moaey Order) Rent Reft z 039085638 3 25.00 0.00 29 06/0112005 06101/2005 Payment (Money Order) Rent Refll: z 039085783 2 25.00 -25.00 31 06M1/2005 06/01/2005 Charge Rent 25.00 0.00 0612311005 05/0112005 Credit (Regular) Rent 25.00 -25.00 06127/2005 05/01/2005 Adjustment (Regular) Rent 147.00 122.00 061232005 06/01/2005 Credit (Regular) Rent 25.00 97.00 06232005 06/012005 Adjustment (Regular) Rent 147.00 244.00 07/012005 07/012005 Charge Rent 147.00 391.00 071052005 05/012005 Payment (Money order) Rent ReR z 039085950 6 12250 269.00 37 0710512005 06/012005 Payment (Money Order) Rent Reg: z 0390859218 147.00 122.00 37 07262005 07101/2005 payment (Money Order) Rem Refn: z 039086014 5 122.00 Ono 40 081012005 08/012005 Charge Rent 147.00 147.00 0822120OS 0210112006 Payment (Money Order) Rent Re01: z 039086235 9 158.00 .11.00 42 08/302005 00112005 Credit (Regular) Rent 147.00 -158.00 09/012005 00112005 Adjustment (Regular) Rem 25.00 -133.00 09/012005 091012005 Charge Rent 25.00 -108.00 09/082005 09/01/2005 payment (Money order) Rent Refll: z 039086399 7 25.00 -133,00 44 10/0112005 10/012005 Charge Rcnt 25.00 -108.00 111012005 11101/2005 Charge Rent 25.00 -83.00 12/0112005 12/012005 Charge Rent 25.00 -58.00 01/0112006 011012006 Charge Rent 25.00 -33.00 02/012006 02/012006 Charge Rent 25.00 -8.00 031012006 03/012006 Charge Rent 25.00 03/06/2006 03/0112006 Payment (Money Order) Rent ReW 0946013 1767 17.00 o uG 72 041012006 04/0 112006 Charge Rent 25.00 25.00 04/062006 04/012006 Payment (Money Order) Rent RefN: z 048064205 7 25.00 0,00 77 05/0112006 051012006 Charge Rent 25.00 25.00 05/092006 05/012006 Payment (Money Order) Rent Reg: z 048064396 5 25.00 0.00 86 06/012006 061012006 Charge Rent 163.00 163.00 061092006 06/012006 Payment (Money Order) Rent RcfN: z 048064549 5 167,00 -4.00 90 07/012006 071012006 Charge Rent 163.00 159.00 07/102006 07/012006 Payment (Money Order) Rent ReHI: z 048064666 5 88.00 71.00 96 07/182006 07/012006 Credit (Regular) Rent 163.00 -92.00 07118/2006 071012006 Adjustment (Regular) Rent 123,00 31.00 Page 2 of 6 NOU720-2008 12:25 FROM:BOILING SPRINGS APAR (717)258-8250 TO:2991B11 P.4/7 Resident Ledger Boiling Springs Apartments 297 Plaza Drive Bolline Springs, PA 17007 Run Date: 1I/20/2008 Resident Name : JENNIFER GOTTSHALL Unit Number : 1-215 Trans Dare Service Date TransType Description Charge Payment Credit Adjustment Balance Tenant 07/1812006 0018006 Payment (Money Omer) Rent ReM z 048064688 1 97 08/01/2006 08/0112006 Charge Rent 08/04/2006 0810112006 Payment (Check Rem ReHI: 5% John Shope (Personat/Friend/Family)) 100 08/042006 0810V2006 Payment (Money Order) Rent RefN: z 048064738 5 100 08117/2006 09/01/2006 Payment (Check Rent Ref# z 048064808 7 (Personal/Friend(Family)) 103 0098006 09/018006 Payment (Money Order) Rent Reg: z 048064868 1 104 09/01!2006 09/01/2006 Charge Rent 091118006 10/0112006 Payment (Money Order) Real Reffl: s 036877436 1 106 10/01/2006 10/01/2006 Charge Rent 10/05/2006 10/0112006 Payment (Money Order) Rent Ref#: z 04373738 2 115 10/10/2006 11/012006 Payment (Money Order) Rent Ref#: z 048373782 3 Its 10202006 101012006 Credit (Regular) Rent 1020/2006 101011/2006 Credit (Regular) Rent 1020/2006 10/01/2006 Adjustment (Regular) Rent 10/202006 10101/2006 Adjustment (Regular) Rent 10/308006 11/01/2006 Payment (Money Order) Rent RefN: s 049396340 7 119 11/012006 11/01/2006 Charge Rent 11/03/2006 11/03/2006 Charge Carpet Cleaning 11/03/2006 11/03/2006 Charge Cleaning 11/03/2006 11/032006 Charge Maintenance Charges 11/06/2006 11/03/2006 Payment (Money Order) Maintenance Charges Rcf#; s 049396403 7 121 1121/2006 10/20/2006 Payment (Money Order) Security Deposit Refit; s 0493964919 32 11/21/2006 11/03/2006 Payment (Money Order) Maintenance Charges ReM s 049396479 3 124 12/01/2006 12/0112006 Charge Rent 12/04/2006 12/01/2006 Payment (Money Order) Rent ReM: s 049396544 1 125 12222006 1210112006 Payment (Money Order) Maintenance Charges, Rent ReM. s 049396613 128 4 12222006 1222/2006 Payment (Check Security Deposit RcN; s 049396614 3 (Penonal/Friend(Family)) 34 12228006 12828006 Charge Security Deposit 01/012007 01/012007 Charge Rent 01/022007 01/02/2007 Charge Maintenance Charges 01/058007 01 /01/2007 Payment (Money Order) Rent Rz% s 049396663 8 129 01/162007 10 NW% Payment (Money Order) Security Deposit Ref#: s 049396751 1 36 77.00 123.00 61,00 16.00 61,00 62.00 123.00 61.00 123.00 62.00 60.00 123.00 116.00 116.00 123.00 62.00 104.00 68.90 181.00 150,20 52,00 55.00 62.00 104.00 61.00 62.00 55.00 170.00 104,00 8.50 61.00 60.00 -46.00 77.00 16 00 0.00 -61.00 -123,00 0,00 -61.00 62.OC 0.00 -60.00 -183.00 -299.00 -183.00 -60,00 -122.00 -18.00 50,90 231.90 382.10 330.10 275.10 213 10 317.10 256.10 194.10 139.10 309.10 413,10 421.60 360.60 300.60 Page 3 of 6 _-- _ ?,? NQV-?0-2008 12:25 FROM:BOILING SPRINGS APAR C717)258-8250 TO:2991811 P.5/7 Resident Ledger Boiling Springs Apartments 297 Plaza Drive Boilins Snrinss. PA 17007 Run Date : 11/20/2008 Resident Na3me : JENNIFER GOTTSHALL Unit Number : 1-215 trans Date Service Date T-Type Description Charge Payment Credit Adjustment Balanec Tenant 01/1612007 01101/2007 Payment (Money Order) Cleaning, Maintenance Charges, Rent Rent s 60,00 240.60 133 0493967529 01/16/2007 01/02007 Payment (Money Order) Maintenance Charges ReW s 049396694 4 8.50 232.10 133 02/01/2007 0210112007 Charge Rent 1000 336.10 02/05/2007 02101/2007 Payment (Money Order) Cleaning, Rent Reg; s 0493%92S 8 232.00 1 U.10 136 0211211007 11/03/2006 Payment (Money Order) Carpet Cleaning, Cleaning, Rent RA s 125.10 -21.00 138 049396895 1 0212612007 03/01/2007 Payment (Money Order) Rent ReW s 049396976 1 125.10 -146.10 142 0310112007 03/01/2007 Charge Rent 222.00 75.90 03/19/2007 03/01/2007 Payment (Money Order) Rent ReW s 049397082 3 125.00 -49,10 145 04/012007 04/01/2007 Charge Rent 22100 172.90 04/022007 04/012007 Payment (Money Order) Rent Ref#: s 049397176 8 125,00 47.90 147 04/112007 04/012007 Payment (Money Order) Rent Refk s 050069256 3 125.00 -77,10 149 04/25/2007 05/01/2007 Payment (Money Order) Rent RcK 5 050069323 8 125.00 .202.10 150 041302007 04/302007 Charge Maintenance Charges 92.72 -109.38 0S/012007 05/01/2007 Charge Rent 222.00 112.62 05/09/2007 031012007 Paymtnt(Muncy Order) Maintenance Charges, Rent Ret7k s 050069423 125.00 -12,38 153 7 0W012007 06101/2007 Payment (Money Order) Rent RetA: s 050069462 4 104.00 -116.38 155 06/0112007 06/01/2007 Charge Rent 222.00 105.62 06/0412007 06/01/2007 Payment (Money Order) Rent Refq: s 0500695317 104,00 1.62 156 06/2112007 06/01/2007 Credit (Regular) Rent 222.00 -220.38 07/1612007 08/01/2007 Payment (Money Order) Rent RcW s 050069702 7 63.00 -283.38 165 081012007 001/2007 Charge Rent 346.00 62.62 08/03/2007 06/01/2007 Payment (Money Order) Rent Reft s 050069748 6 62.63 -0.01 170 08122/2007 09/01/2007 Payment (Money Order) Rent ReW s 050069936 8 173.00 -173,01 175 09/01/2007 09!012007 Charge Rent 346,00 172,99 09/04/2007 09/012007 Payment (Money Order) Rent ReS: s 050069906 1 173.00 -0.01 176 09/2712007 1012007 Payment (Money Order) Rent Ref#: s 050070035 7 173.00 -1710t 181 09/27/2007 10/01/2007 Payment (Money Order) Rent RelW: s 050069989 8 17100 •346.01 181 10/012007 10/01/2007 Charge Rent 346.00 -0.01 In/In/2n07 11/0112007 Payment (Money Order) Rent Ref#:z0679237012 173.00 -173 01 184 , 10292007 11/01/2007 Payment(Money Order) Rent Ref#: z067923738 1 173.00 -346 01 186 . 11/01/2007 11/01/2007 Charge Rent 346,00 -0 01 11/06/2007 12/012007 Payment (Money Order) Rent Reflh z 067823834 4 173.00 -173 01 187 . Page 4 of 6 NqV-,P-0-2008 12:26 FROM:BOILING SPRINGS APAR (717)258-8250 TO:2991811 P.6/7 Resident Ledger Boiling Springs Apartments 297 Plaza Drive Boiling Shrines. PA 17007 Run Date : 11120/2008 Resident Name : JENNIFER GOTTSHALL Unit Number : 1-215 tram Date Service Date TransType Description Charge Payment Credit Adjustment aalaw Tenant 11/26/2007 12/01/2007 Payment (Money order) Rent RefN: z 067823936 1 173.00 -346.01 189 1210112007 12/01/2007 Charge Rent 346.00 401 12/032007 12101/2007 Credit (Regular) Rent 721.00 -72101 12/032007 12101/2007 Credit (Regular) Rent 346.00 -1067.01 12/032007 12/0112007 Adjustment (Regular) Rent 721.00 -34601 121032007 12/01/2007 Adjustment (Regular) Rent 733.00 386.99 12/10/2007 08/0112007 Payment (Money Order) Rein Rcf#: a 0369221418 173.00 213.99 192 01/01/2008 0110112008 Charge Rent 733.00 946.99 01/0212008 12/01/2007 Payment (Money Order) Rent ROD: z 067824064 8 173.00 773.99 194 01108/2008 12/01/2007 Payment (Money Order) Rent RefN: z 071013222 9 173.00 600.99 195 01/21/2008 01/01/2008 Payment (Money Order) Rent Re09; z 067824165 6 173.00 427.99 197 0210112008 02/0112006 Charge Rent 733.00 1160.99 02/142006 Ot/012008 Payment(Money Order) Rent ROW 0678242268 173.00 987.99 200 03/032008 03/0312008 Charge Late Fee 28.00 1015.99 03/05/2008 011012008 Payment (Money Order) Rent Reftl: z 067624292 5 173.00 842,99 201 03/182008 01/0112008 Payment (Money Order) Rent RefN: z 067824419 4 173.00 669.99 205 03272008 02/0112006 Payment (Money Order) Rent Rd#: z 067824470 7 173.00 496.99 206 04/0112008 03/01/2008 Charge Rent 733.00 1229.99 04/012008 04/012008 Charge Late Fee 30.00 1259,99 04/012008 041012008 Charge Rent 733.00 1992.99 04/172008 02/012008 Payment (Money Order) Rent Reffl: 0678245175 173.00 1819.99 209 041212008 041212008 Charge Maintenance Charges 438.05 2258.04 05/0112008 05/012008 Charge Rent 733.00 2991,04 05/022008 05/02/2008 Charge Late Fee 29.00 3020,04 05/052009 07/012008 Payment (Money Order) Rent RefN: x072291303 90 173.00 2847.04 211 05/05/2008 021012008 Payment (Money Order) Rent RefN: s 036910346 4 173,00 2674,04 212 06/012006 06/012008 Charge Rent 733.00 3407.04 06/022008 00022008 Charge Late Fee 30.00 3437.04 06/062008 03/0112008 Payment (Money Order) Rent RefN: 8200790639588 50,00 3387.04 21g 07/012008 07/012008 Charge Rent 73100 4120.04 07/022006 03/0112008 Payment (Money Order) Rent RefN: R200790643780 50.00 4070.04 222 071092008 031012008 Payment (Money Order) Rent Ref#: R200790648014 300,00 3770,04 223 07/1012008 071102008 Charge Late Fee 29.00 3799,04 08/012008 08/012008 Charge Rent 733.00 4532.04 08/042008 08/0412008 Charge Late Fee 30.00 4562.04 Page 5 of 6 OQU-r0-2008 12:27 FROM:BOILING SPRINGS APAR (717)258-8250 T0: 2991811 P.7/7 Resident Ledger Boiling Springs Apartments 297 Plaza Drive Boiline Shrines. PA 17007 Run Date : 11/20/2008 Resident Name : JENNIFER GOTTSHALL Unit Number : 1-215 Trans Date Service Date T-Type Description Charge Payment Credit Adjustment Balance renant 08/06/2008 03/01/2008 Payment (Money Order) Rent RefN: R200897192110 228 09/01/2008 09101/2008 Charge Rent 09102/2008 09/02/2008 Charge Late Fee 09105/2008 03/01/2008 Payment (Money Order) Rent ReRI: r 200887198468 234 10/01/2009 10/01/2008 Credit (Regular) Rent 10/01/2008 1010112008 Charge Rent 10/01/2008 10/01/2008 Adjustment (Regular) Rent 10/0112008 10/0l/2008 Charge Late Fee 10/10/2008 03/01/2008 Payment (Money Order) Rent ReM z 072292149 9 243 10/232008 10/23/2008 Charge Court Cast 10/28/2008 102912009 Charge Court Cost 10/28/2008 10/2911008 Charge Court Cost 11101/2008 11/012008 Charge Rent 11103/2008 11/03/2008 Charge Late Fee 11106/2008 11/01/2008 Credit (Regular) Rent 11/06/2008 11/012008 Adjustment (Regular) Rent 11/2012008 I 1/20/2008 Charge Maintenance Charges 11/20/2009 l1/20/2008 Charge Cleaning le ?n VeeS 50.00 4512.04 733.00 5245.04 30.00 5275.04 25.00 5250.04 733.00 4517.04 733.00 5250.04 741.00 5991.04 29.00 6020.04 60.00 5960.04 159.04 6118.08 131.04 6249.12 875,00 7124.12 751.00 7875.12 30.00 7905,12 751.00 7154.12 150.00 7304.12 846.43 8150.55 241.00 8391 55 ?96(95 Page 6 of 6 VERIFICATION I, the undersigned, as the authorized agent for Plaintiff, Boiling Springs Associates, verify that the statements made in the attached COMPLAINT are true and convect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. DATE: ' Meliss " Sta e, authorized agent on behalf of Boiling Springs Associates t F , 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BOILING SPRINGS APARTMENTS Plaintiffs No. 08-6521 V. JENNIFER GOTSHALL, Defendant CERTIFICATE OF SERVICE I, Robert S. Cronin, Jr., Esquire, hereby certify that I served the foregoing document upon the person in the manner indicated below, which service satisfies the requirement of Pennsylvania Rules of Civil Procedure. SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID AS FOLLOWS: Geoffrey M. Biringer, Esquire 401 East Lawler St, Suite 103 Carlisle, Pa 17013 Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Date: (l??'l 6 By: 4?101 Robert S. Cronin, Jr. squire Attorney I.D. No. 87810 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 P `;7 C:: d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BOILING SPRINGS APARTMENTS, : Plaintiff Docket No. 08-6521 V. : JENNIFER GOTSHALL, CIVIL ACTION - LAW Defendant ANSWER 1. Admitted. 2. Admitted. 3. Denied. Defendant currently resides at 7 Pine Road, Apt.#304, Mt.Holly Springs, PA 17065. 4. Admitted. 5. Admitted. 6. Admitted, 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. To the extent that a further answer is required, Defendant's mother only made occasional visits to the leased premises to visit her family and not so as to be in violation of the lease. 16. Admitted. 17. Admitted in part. It is denied that this request was reasonable. 18. Admitted in part. It is denied that this request was reasonable. 19. Denied. Defendant supplied the documentation that was available to her when it was available to her and used her best efforts to comply with the request. 20. Admitted. 21. Admitted. 22. Denied. Defendant supplied the documentation she could find at the time she could provide it and used her best efforts to comply with the request. 23. Admitted. 24. Admitted. 25. Admitted. 26. Denied. Defendant supplied the documentation that was available to her when it was available to her and used her best efforts to comply with the request. 27. Admitted. 28. Admitted. 29. Admitted. 30. Denied. Defendant's rent was improperly raised as her mother did not in fact live with her and was not in violation of any lease provision or rules. 31. Denied. Defendant's rent was improperly raised. Defendant has paid all rent that is due. 32. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. WHEREFORE, Defendant demands that judgment be entered for Defendant and that Plaintiff's Complaint be stricken. /-,p /,7 //6 MIDPENN LEGAL SERVICES Date: l By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION I, JENNIFER GOTTSHALL, make this verification that the facts set forth in the foregoing Answer, 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. 4904 relating to unsworn falsification to authorities. Date: /' & r/D Jennifer Gottshall Y i CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Answer on this 8th day of January, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Robert S. Cronin, Jr., Esquire 212 North Queen Street Lancaster, PA 17063 MIDPENN LEGAL SERVICES B Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 ? ,? .,} ?. '_t ....-3 ?t .? i; ?} .- !; 3 .3 <.C ...... .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BOILING SPRINGS APARTMENTS Plaintiffs No. 08-6521 V. JENNIFER GOTSHALL, Defendant AMENDED MOTION TO AMEND CAPTION Plaintiff, by and through its attorneys Robert S. Cronin, Jr., of Nikolaus & Hohenadel, LLP, hereby files this Amended Motion to Amend the Caption in the above captioned matter, and in support hereof, aver as follows: 1. The Plaintiff in this matter is identified as "Boiling Springs Apartments". 2. It is respectively submitted that Boiling Springs Associates, a partnership organized and existing under the laws of the Commonwealth of Pennsylvania, with principal place of business located at 297 Plaza Drive, Boiling Springs, Pennsylvania, 17007, is the record owner of the apartment community commonly known as "Boiling Springs Apartments". 3. Accordingly, the parties jointly request that the caption in this matter be amended to reflect that the Plaintiff be "Boiling Springs Associates". 4. This matter has not been previously assigned to a Judge nor has a Judge ruled upon any other issue in this or a related matter. 5. Plaintiff's counsel has previously sought and obtain the concurrence of Defendant's counsel as evidenced by Defendant's counsel joining in the filing of the original Joint Motion to Amend Caption. I WHEREFORE, the parties jointly request that this Honorable Court enter an Order amending the caption in this matter to indicate that the identified Plaintiff be Boiling Springs Associates. Date: "?d Respectfully submitted, NIKOL & NAD L, LLP By: Robert S. Cronin, Jr., Esquire Attorney I.D. No. 87810 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BOILING SPRINGS APARTMENTS Plaintiffs V. JENNIFER GOTSHALL, Defendant No. 08-6521 CERTIFICATE OF SERVICE I, Robert S. Cronin, Jr., Esquire, hereby certify that I served the foregoing document upon the person in the manner indicated below, which service satisfies the requirement of Pennsylvania Rules of Civil Procedure. SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID AS FOLLOWS: Geoffrey M. Biringer, Esquire 401 East Lawler St, Suite 103 Carlisle, Pa 17013 Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Date: Z Z O By: Robert S. Cronin, Jr. squire Attorney I.D. No. 87810 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 co z ORIGINALIz? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW BOILING SPRINGS APARTMENTS Plaintiffs No. 08-6521 V. JENNIFER GOTSHALL, Defendant ORDER Zao? AND NOW, on this _11 It day of ? z n , 2008, upon consideration of the parties' Joint Motion to Amend the Captioned, it is hereby ORDERED AND DECREED that the caption in this matter shall be amended to make Boiling Springs Associates the named Plaintiff. Attest: Copies to: bert S. Cronin, Jr., Esquire, 212 North Queen Street, Lancaster Pa 17603 /Geoffrey M. Biringer, Esquire, 401 East Lawler St, Suite 103, Carlisle, Pa 17013 l.Op 1 fS /hd.LL?tL 1 1/24`DQ ?::Zrl By the Court, r d7r co U-) N ?LLt cV {,?