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08-7151
C,rce?o.L? c?O,?A r"'Las U's 08 - T!S'I ew ? C'7ain Lo ProCe ec? In f'oRmo? pens Rule 240 RULES OF CIVIL PROCEDURE (h) The affidavit in sup ort of a?petition for leave to Contributions from children: proceed in forma pauperiss)shall be substantially in the Contributions from parents: following form: Other contributions: (Caption) 1. I am the (plaintiff) (defendant) in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, includ- ing my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to (e) Property owned Cash: Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Make , Year Cost _, Amount Owed $_ my ability to pay the es and cost true and correct: Stocks; bonds: (a) Name: Other: Address: V (f) Debts and obligations Social Security umber: Mortgage: (b) Employment If you are pre ently a ploy?,a, stat Employer: CiG1?P.GUC.e..? ??'l , Address: Salary or wages per mo the Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: ©V Interest: _ Dividends: Pension and annuities: Social security, benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public assistance: Other: (d) Other contributions to househo support (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Rent: Loans: Other: (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, ifs: Name: a CMG" Age: Td zl e Ca,,4 4ln dt?"% ?- Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904_ rPlat;n ,»+c,nrn falifficat' n to authorities. Date,95L Petit' ner (i) The praecipe required by subdivision (d) shall be substantially in the following form: (Caption) PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow (Plain- tiff) (Defendant), to proceed in forma pauperis. I, 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. Qn ? ?r ' ? , ?" , r: .? ! r ?. ?? r.-?: C ??? sC?;. C; ? ?i c COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. QH_ NOTICE OF APPEAL IcJz"l 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 appellees) appellee(s), to file a complaint in this appeal (Common Pleas No. UI U J within twenty (20) days after service of rule or suffer entry of judgment of non pros. 1 Signature of appellant or aNomey or agent RULE: To CJ appellee(s) Name of WS) (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: U: 5A , 20 Signature of Profh AL0 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. PROOF OF SERVICE OF NOTICE'OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,20 ? by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made TWO of Official My commission expires on 20 ? by (certified) (registered) mail, , on Signature of affiant -o -T -? En r COMMONWEALTH OF PENNSYLVANIA r..nt !CITY nF• CUMBERLAND Mag. rill No., 09-1-01 MDJ Name: Hon. CHARLES A. CLM1ENT, JR Address 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone. (717 ) 774-5989 17070 ATTORNEY DEF PRIVATE : GEOFFREY M. BIRINGER 401 E LOUTHER ST STS 103 CARLISLE, PA 17013-2525 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rORCHARD APARTMENTS 2204 CEDAR RUN DRIVE CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rCRUZ, TANYA 7 2207 CEDAR RUN DR APT/STE C CAMP HILL, PA 17011 L Docket No.: LT-0000582-08 Date Filed: 11/04/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ORCHARD APARTMENTS, Judgment was entered against CRUZ TANYA in a ® Landlord/Tenant action in the amount of $ 101.00 on 11/25/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .0.0. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Rent in Arrears $ .00-$. .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ _00-$ -00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ® Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amou0ntt $ .00 $ _00 $ .00 $ _00 $ _00 $ 101.00 $ _00 $ 101.00 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME 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 FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. NOY 2 5 2091te `U4a4J l 4. , Magisterial District Judge certi y t at this is a true an correct copy o the record o t tie proceedings containing the Judgment. Date Magisterial District Judge ?c D d -- 7/91 C COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS PL rL County Of v AINTIFF: NAME and ADDRESS a?T r? HaeD Vs. DEFENDANT: NAME and ADDRESS H I o? ?P/z 7 Common Pleas Docket No. SECTION 8 TENANT'S SUPERSEDEAS AFFIDAVIT FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I, (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this. I have/have not (cross out the one that does not apply) paid the rent this month. The total amount of monthly rent that I personally pay to the landlord is $ . I hereby certify that I am a participant in the Section 8 program and I am not subject to a final (i.e., non-appealable) decision of a court or government agency which terminates my right to receive Section 8 assistance based on my failure to comply with program rules. I verify that the statements made in this affidavit 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 SIGN URE OF ANT AOPC 312-08 (A) , 4c,t c? -7/91 COMMONWEALTH OF PENNSYLVANIA NAME and ADDRESS COURT OF COMMON PLEAS PLAINTIFF: County Of (J vs. DEFENDANT: NAME and ADDRESS J HI')l ?V4 17011 Common Pleas Docket No. SECTION 8 TENANT'S SUPERSEDEAS AFFIDAVIT FILED PURSUANT TO Pa.R.C.P.M.D.J. No. 1008C(2) I, i f_du1 ll (print name and address here), have filed a notice of appeal from a magisterial district court judgment awarding my landlord possession of real property that I occupy, and I do not have the financial ability to pay the lesser of three (3) times my monthly rent or the actual rent in arrears. My total household income does not exceed the income limits set forth in the supplemental instructions for obtaining a stay pending appeal and I have completed an in forma pauperis (IFP) affidavit to verify this I have (cross out the one that does not apply) paid the rent this month. The total amount of monthly rent that I personally pay to the landlord is $?. I hereby certify that I am a participant in the Section 8 program and I am not subject to a final (i.e., non-appealable) decision of a court or government agency which terminates my right to receive Section 8 assistance based on my failure to comply with program rules. I verify that the statements made in this affidavit 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. I, r Date SIGNURE OF ANTOF ANT AOPC 312-08 (A) , tip fs. Cn rC 1-2 cJt ORCHARD APARTMENTS V. TANYA CRUZ IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08 - 7151 CIVIL TERM ORDER OF COURT AND NOW, this 12TH day of DECEMBER, 2008, based on the attached petition to proceed In forma pauperis, the request is granted and petitioner may proceed without payment of the costs. By Court, Xrchard Apartments 2204 Cedar Run Drive Camp Hill, Pa. 17011 Edward E. Guido, J. /17 eoffrey M. Biringer, Esquire 401 East Louther Street, Suite 103 Carlisle, Pa. 17013 A istrict Justice Charles A. Clement v 400 Bridge Street, Suite 3 New Cumberland, Pa. 17070 :sld 90 :C WIJ Z 1 330 OOOZ Acjb'3Ui ti r i.:;s`d 311A ?o ORCHARD APARTMENTS IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA CRUZ 08 - 7151 CIVIL TERM IN RE: IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 12TH day of DECEMBER, 2008, based on the attached petition to proceed In forma pauperis, the request is granted and petitioner may proceed without payment of the costs. Orchard Apartments 2204 Cedar Run Drive Camp Hill, Pa. 17011 Geoffrey M. Biringer, Esquire 401 East Louther Street, Suite 103 Carlisle, Pa. 17013 District Justice Charles A. Clement 400 Bridge Street, Suite 3 New Cumberland, Pa. 17070 By e lµCourt, z r Edward E. Guido, J. :sld (Domestic Mail C For delivery inform ru I -11 -- Er Postage $ Q P 1 707 f2.7 0 Certified Fee m O P Return Receipt Fee fZ. os 1 Here cD O (Endorsement Required) L CL) Nestricted Delivery Fee p (Endorsement Required) J 5 M l P t & Fees T t $ f?.3? Z?? os o a age ? o nt (1 \n j? ?7 ree .Apt. No. ^ - PO Box No. JV -------------- , Zip H c ------------- 21 State, Z 4 11 / PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANI/j COUNTY OF (t , rn ?PfL?n n ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas? rl 5 , upon the District Justice designated therein on (date of service) 20 Og , 14?by personal service 63 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 2 on 20(-1Q ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. -- (SWORN AFF MED) A BSCRIBED BEFOR E THIS MY OF 2 ignature of official before whom afflda was made Title of fficial My commission expires on 20 NOTARIAL SEAL. PROTHONOTARY, NOTARY PUBLIC CARLISLE M COMMI SIION EXP RES JANUAROY 4R, 20 Signature of affiant v - C= d 0 ? a o -Y'1 t r, I-,.. r`y'1 ? 0 f (f {. . '' C • V !'..1 ca -< COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT dOWON PLEAS No., ; NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the gment rendered by the District Justice on the date and in the case referenced below. This tNodc wilt be *71iLY when this notahOlq is necatiretl.rtnder Pa. If appesanF was Claimant sWW (see Pa. R.G.P.D.J. No. 1001(8) in action R.C.P.D.J. No. 1 This Notice of received by the Uis , will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS for, poesdOWn i ` e (20) days after filing the NOTICE of APPEAL. 1 O DOPLAY ` Affi_WJ%PfO. 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 notimof appeal to be served upon appellee. NOTICE OF APPEAL FROM PRAECIPE: To Prothonotary Enter rule upon appeltee(s), to file a complaint in this appeal AA-11"M (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,?`? I Slgnaturo ?ewppeMantoratromeyor agent 11 Ir/ RULE: To t_ J appellee(s) ..?? ?afappeNae(s (1) read41haf4{ple`?'Ss ,hereby entered upon you to file a complaint in this appeal within twenty (20)days after the date of service of this rul? you by ?1'se"?'4" or by certified or registered Mail. (4, l eru donof fle a mor'»p?ai4t tln this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3 Tt date of swvice of ails tole it service was by mail is the date of the mailing. - r. Date: 20 Y. _ ..,_„ a s,wwe of dr ?.'1 d F ' [1 l%Fp^r' YOU MUST 3 COPY OF THE NOTICE OF JUDQME* 0TRANSCRtPT FORM WCfH THIS NOTICE OF APPEAL, AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK - COPY TO BE SbtVEt) ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 171 10 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAM(C-DCCLA WPC. COM ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7151 CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-999-9108 717-249-3166 JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL:JCUNNING14AM(&CCL.AWPC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 08-7151 TANYA CRUZ, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW comes the Plaintiff, Orchard Associates, t/d/b/a Orchard Apartments by and through its attorneys, Cunningham & Chernicoff, P.C., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Tanya Cruz, is an adult individual who resides at 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. At all times material to Plaintiffs cause of action, Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, has been the legal owner of the tract of land on which the building in which the Defendant resides is sited. 4. On or about December 8, 2006, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff a residential apartment, 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on December 8, 2006 and ending on December 31, 2007, after which initial term, the lease continued on successive terms for one (1) month. Defendant occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Residential Lease Agreement for 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, is attached hereto, made part hereof, incorporated herein by reference and is marked as Plaintiff's Exhibit "P-1 ". The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 10. MAINTENANCE: b. The Tenant agrees to: (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas of the housing development; (4) not destroy, deface, damage or remove any part of the unit, common areas, or housing development 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 2 (6) remove garbage and other waster from the unit in a clean and safe manner. 13. GENERAL RESTRICTIONS: ...The Tenant agrees not to:... e. make or permit noises or acts that will disturb the rights or comfort of neighbors.... 23. TERMINATION OF TENANCY:... The landlord may terminate this Agreement for the following reasons: 1. the Tenant's material noncompliance with the terms of this Agreement;... 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.... 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 housing development; (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 housing development facilities; (c) interfere with the management of the housing development; or (d) have an adverse financial effect on the housing development; (3) failure of the tenant to timely supply all required information on the income and composition, or eligibility factors, of the tenant household... 25. PENALTIES FOR SUBMITTING FALSE INFORMATION: Knowingly giving the Landlord false information regarding income or other factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject to termination of tenancy.... 6. The Application for Admission and Rental Assistance, signed and dated by the Defendant on February 1, 2006, asks "Have you or any member of your household ever been arrested or convicted of a crime?" under the "Criminal History" section of the Application and further states "For all yes answers please provide additional information on a separate sheet of paper." Defendant, identifying herself as head of household, marked "yes" to the question but did not set forth any additional information regarding the arrest(s) or conviction(s) as requested in the application. 7. Plaintiff, in the normal course of screening potential tenants, submitted Defendant's name to a criminal background search via Transunion which search did not reveal Defendant had ever been arrested or convicted of any crimes. 8. Defendant, in the tenant interview conducted by the Plaintiff, told Plaintiff's agent that the affirmative answer to the Criminal History inquiry was as the sole result of having been arrested or convicted of driving without a license. 9. On or about October 9, 2008, Plaintiff's agent, Keith Tyson, requested a criminal history background check be conducted on Defendant through NTNonLine, and discovered that Defendant had been arrested and/or convicted on the following charges: Date Type of Offense/Charge a. 02/25/2003 Providing false identification to a law enforcement officer in Dauphin County, PA. Defendant entered a guilty plea; b. 08/12/2002 Simple Assault (Mutual consent fight) in Dauphin County, PA. Defendant entered a guilty plea; C. 02/25/2004 Intention to possess a controlled substance by a person not registered to do so in Dauphin County, PA. Defendant entered a guilty plea; 4 d. 02/25/2003 Driving without a license in Dauphin County, PA. Defendant entered a guilty plea; e. 08/12/2002 Defendant was arrested on the charges of aggravated assault and conspiracy to commit aggravated assault in Dauphin County, PA. These charges were dismissed. £ 04/29/2003 Defendant was charged with simple assault (mutual consent fight) in Dauphin County, PA. The disposition of this charge was listed as "held for court"; and g. 06/13/2001 Defendant was charged with aggravated assault and simple assault in Franklin County, PA. The disposition of these charges is unknown to Plaintiff. 10. Plaintiff's agents conducted routine maintenance and/or extermination inspections of Defendant's apartment unit and discovered repeated, chronic housekeeping violations on the following dates: Date Description of the Housekeeping Violations a. 08/07/2007 Excessive rubbish and/or dirty laundry in the kitchen, bathrooms, living room, and bedrooms; rubbish not in proper container in the kitchen; grease or food debris on stove, table, and/or countertops in the kitchen; grease of food debris on the floor and/or walls of the kitchen; dirty dishes in the kitchen; open food items in the kitchen; and stored or stacked articles in the kitchen. These conditions provide harborage and a source of food to vermin and insects; b. 02/05/2008 Grease or food debris on stove, table, or countertops, dirty dishes, and/or open food in the kitchen. These conditions provide harborage and a source of food to vermin and insects; 05/21/2008 The apartment was left in a very dirty and cluttered condition; there was a pervasive smell of ammonia/urine throughout the apartment unit; the refrigerator was dirty and in need of cleaning. These conditions provide harborage and a source of food to vermin and insects; d. 08/07/2008 The stove and floors of the apartment unit were in need of cleaning. These conditions provide harborage and a source of food to vermin and insects; e. 09/26/2008 During the extermination treatment for bedbugs in Apartments A, B, and C of Building 2207, Apartment C (Defendant's unit) was in an extremely cluttered condition. The condition of Defendant's apartment did not allow Plaintiff's agent to properly treat the apartment for bedbugs; f. 10/03/2008 During the first follow up for the extermination treatment of bedbugs in Apartments A, B, and C of Building 2207, Apartment C (Defendant's unit) was again found to be cluttered. The condition of Defendant's apartment did not allow Plaintiff's agent to properly treat the apartment for bedbugs; and g. 11/2/2008 Excessive rubbish, dirty laundry, and/or rubbish not in proper containers were found in the kitchen, bathrooms, living room, and bedrooms; grease or food debris on stove, table, and/or countertops in the kitchen and bathrooms; grease of food debris on the floor and/or walls of the kitchen, bathrooms, and living room; dirty dishes in the kitchen; open food items in the kitchen and living room; and stored or stacked articles in the kitchen, bathrooms, living room, and bedrooms. These conditions provide harborage and a source of food to vermin and insects. 11. On or about July 11, 2008, the Pennsylvania Housing Finance Agency ("PHFA") conducted a "Physical Conditions Observation Critique" of the subject matter apartment complex. During PHFA's inspection, the agent noted that Defendant's apartment unit needed to be observed for "domestic management issues". COUNT 1- IN EJECTMENT 12. Plaintiff incorporates the allegations of Paragraphs 1 through 11 of the Complaint as if more fully set forth herein. 6 13. The Plaintiff's agent, Keith Tyson, after a review of the Defendant's rental history, reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement for the following reasons: a. Defendant's apparent inability to maintain her apartment unit in a clean, sanitary, and uncluttered condition and her multiple, repeated violations of Paragraph 10(b); 13(e); 23(c)(1); and 23(d) of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents acts of material non-compliance as defined in Paragraph 23(c) and (d) of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act; and b. Defendant's verbal falsification of her criminal history background as submitted on her Tenant Application in violation of Paragraph 25 of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23(c) and (d) of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act 14. The Plaintiff has not defaulted in its responsibility to provide a habitable premises to the Defendant and is of the opinion and therefore avers that the premises being occupied by the Defendant are in such a state that they do not violate the implied warranty of habitability owed by the Plaintiff to the Defendant. 7 15. On October 10, 2008, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Proposed Notice to Quit. The Proposed Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P-2". 16. On October 20, 2008, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Final Notice to Quit. The Final Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiff s Exhibit "P-3". 17. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and has since the time she received the Final Notice to Quit, continues to remain in possession of said apartment. 18. Defendant's action in providing false information to Plaintiff regarding regarding her criminal history background represents good cause to seek the forfeiture and termination of the Lease Agreement. 19. Defendant's apparent inability to maintain her apartment unit in a clean, sanitary, and uncluttered condition represents good cause to seek the forfeiture and termination of the Lease Agreement. 8 WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiff on the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex, Pennsylvania Landlord and Tenant Act and HUD Regulations; and Plaintiff further demands it be granted possession of 2207 C Cedar Cliff Drive Extended, Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN ASSUMPSIT 20. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through 19 of the Complaint as if more fully set forth herein. 21. Defendant's rent is subsidized by the federal government under a program commonly referred to as the Section 8 program and Defendant has in the past been a beneficiary of Housing Assistance and utility allowance payments. 22. Defendant in the month of November 2004 began to receive public assistance which is reportable as income pursuant to HUD regulations for the calculation of the Defendant's share of the rent. 23. As a result of the Defendant's submission of false information on her Tenant Application, Defendant may have received Housing Assistance Payments and other benefits to which she was otherwise not entitled. 24. Defendant is currently a "negative" renter but her status is subject to change. 25. During the course of this litigation, rent may accrue. 26. During the course of this litigation, physical damage may be incurred to the apartment unit. 9 WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against Defendant in the amount of costs and interest together with any rent, late fees and damages that may be incurred from the date Defendant should have been paying rent to the conclusion of litigation together with cost and interest. Respectfully submitted, , P.C. Dated: January 2008 By: P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYA\COMPLAINT 011209.wpd 10 2320 North Second Street C11l 141 4CJCJ7 lo: 14 :3 l11-14n-73.4.1 UKt;HAKV WIF' VERMFICATION PAGE 02 I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Keith Tys fy Manager Dated: ? d9 Exhibit `P-1 " LEASE AGREEMENT 1. Parties and Dwelling Unit: The parties ORCHARD APARTMENTS ASSOCIATES and ,I'' .,0t' . t-?.-- . sow+ww to this Agreement are referred to as the Landlord, referred to as the Tenant. The Landlord leases to the Tenant unit number O+0 - located at ,1;Lb '+ Cedar Ran Drive Ext., Camp Hill, Pennsylvania 17011 in the housing development known as ORCHARD APARTMENTS 2. Length of Time (Term): The initial term of this Agreement shall begin on /? and end on /-0 After the initial term ends, the Agreement will continue for successive tends of one mouth each unless automatically terminated as permitted by paragraph 23 of this Agreement. 3. Rent: The Tenant agrees to pay $? for the partial month ending on A! ?4' . After that, Tenant agrees to pay a rent of per month. This amount is due on the i f day of the month at Orchard Apts. Ren Offlce;2204 Cedar Run Dr. Ext., Camp Hill, PA 17011 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 housing development 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 Tenant's 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: a. HUD or the Contract Administrator (such as a Public Housing Agency) determines, in accordance with HUD procedures, that an increase in rents is needed; b. HUD or the Contract Administrator changes any allowance for utilities or services considered in computing the Tenant's share of the rent; c. the income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change; d. changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination procedures; e. HUD's procedures for computing the Tenant's assistance payment or rent change; or f. the Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the time frames and administrative procedures set forth in HUD's handbooks, Page 1 of 10 Tenant's Initials 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 Payments and Returned Checks: If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end of the 5th day of the month, the Landlord may collect a fee in accordance with provisions of the Resident Handbook, which is an attachment and a part of this Agreement. 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. on the second or any additional time a check is not honored for payment (bounces) the Landlord may collect a fee in accordance with provisions of the Resident Handbook, which is an attachment and a part of this Agreement. Additionally, on the second or any additional time a check is not honored for payment (bounces) the landlord may require rent to be paid by either certified check or money order. The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. 6. Condition of Dwelling Unit: By signing this Agreement, the Tenant acknowledges that the unit is safe, clean and 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 Utilities and Services: The following charts describe how the cost of utilities and services related to occupancy 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. (1) (2) Put "x" by any Type of Put "x" by any Utility Tenant Utility Utility Included pays directly in Tenant Rent X Heat x Lights, Electric x Cooking Water x Other (Specify. Gwtsp Ra nwW x Sawa 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. Page 2 of 10 Tenant's[ - Initials (3) Show $ Amount Tenant Pays to Landlord in Addition to Rent Parking Other (Specify.) $ N/A $ N/A $ N/A 8. Security Deposits: The Tenant has deposited $ with the Landlord. The Landlord will hold this security deposit for the period the Tenant occupies the unit. For the Resident's protection, it will be kept in a trustee's security deposit account at: Commerce National Bank, 1701 Route 70 East, Cherry Hill, New Jersey 08034 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 security deposit plus interest computed at per State 'Yo, beginning Pw State Jess 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 thirty (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. Page 3 of 10 Tenant's Initials 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 ma charge the Tenant $ 5.00 for each key not returned. 1 Maintenance- a. The Landlord agrees to: (1) regularly clean all common areas of the housing development; (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 (% maintain grounds and shrubs. Tenant agrees to: (l) 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 housing development; (4) not destroy, deface, damage or remove any part of the unit, common areas, or housing development 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 Alterations: No alteration, addition, or improvements shall be made in or to the premises without the prior consent of the Landlord in writing. The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenant's disability, including making changes to rules, policies, or procedures, and making and paying for structural alterations to a unit or common areas. The Landlord is not required to provide accommodations that constitute a fundamental alteration to the Landlord's program or which would pose a substantial financial and administrative hardship. See the regulations at 24 CFR Part 8. In addition, ifa requested structural modification does pose a substantial financial and Page 4 of 10 Tenant's Initials 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 Restrie ions: 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. 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 housing development 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 Bch will not disturb the neighbors. 14. Rules: )The Tenant agrees to obey the House Rules which are Attachment No. 3 to this Agreement. The ten .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 enforc 15. Regularly Scheduled Recertification: Every year around the first (1st) day of I I&< the Landlord will request the Tenant to report the income and composition of the Tenant's ho hold and to supply any other information required by HUD for the purposes of determining the Tenant's rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request. The landlord will verify the information supplied by the Tenant and use the verified information to recompute the amount of the Tenant's rent and assistance payment, if any. a If the Tenant does not submit the required recertification information by the date specified in the Landlord's request, the Landlord may impose the following penalties. The Landlord may implement these penalties only in accordance with the administrative procedures and time frames specified in HUD's regulations, handbooks and instructions related to the administration of multifamily subsidy programs. (1) Require the Tenant to pay the higher, HUD-approved market rent for the unit. (2) implement any increase in rent resulting from the recertification processing without providing the 30-day notice otherwise required by paragraph 4 of this Agreement. b. The Tenant may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment, if any, were computed. Page 5 of 10 Tenant's Initials 16. Reporting Changes Between Regularly Scheduled Recertification: 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 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 mwdng, 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 Page 6 of 10 Tenant's Initials submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance, and assistance is available. M Tenant Obligation To Repay: If the tenant submits false information on any application, certification or request 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 Dwelling: The Tenant understands that HUD requires the 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 housing development; or b. remain in the same unit and pay the HUD-approved market rent. 20. Access by Landlord: The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving 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 Prohibited: The Landlord agrees not to discriminate based upon race, color, religion, creed, National origin, sex, age, familial status, and disability. 22. Change in Rental Agreement: The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new Agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least 60 days before the proposed effective date of the change. The Tenant may accept the changed terms and conditions by signing the new Agreement or the amendment to the existing Agreement and returning it to the Landlord. The Tenant may reject the changed terms and conditions by giving the Landlord written notice that he/she intends to terminate the tenancy. The Tenant must give such notice at least 30 days before the proposed change will go into effect. If the Tenant does not accept the amended agreement, the Landlord may require the Tenant to move from the housing development, 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. Page 7 of 10 Tenant's Initials 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: (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 housing development; (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 housing development facilities, (c) interfere with the management of the housing development, or (d) have an adverse financial effect on the housing development (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 Page 8 of 10 .?^ Tenant's Initials Social Security Numbers, or failure to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies), and (4) Non-payment of rent or any other financial obligation due under the lease beyond any grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation. e. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination. If the Landlord is terminating this agreement for "other good cause," the termination notice must be mailed to the Tenant and hand- delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements. Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law. Any HUD-required notice period may run concurrently with any notice period required by State or local law. All termination notices must: • specify the date this Agreement will be terminated; • state the grounds for termination with enough detail for the Tenant to prepare a defense; • 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 housing development'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 Submitting False Information: Knowingly giving the Landlord false information regarding income or other factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject to termination of tenancy. in addition, the Tenant could become subject to penalties available under Federal law. Those penalties include fines up to $10,000 and imprisonment for up to five years. 26. Contents of this Agreement: This Agreement and its Attachments make 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 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) b. Attachment No. 2 - Unit Inspection Report. c. Attachment No. 3 - Resident Handbook / House Rules. Page 9 of 10 _.? Tenant's Initials d. Attachment No. 4 - Drug-Free Housing Addendum e. Attachment No. 5 - 9887/9887. - Applicant's/Tenant's Consent for Release of Information f. Attachment No. 6 - "Resident Rights & Responsibilities" g. Attachment No. 7 - HUD Fact Sheet h. Attachment No. 8 - Disclosure Requirement - "Megan's Law" i. Attachment No. 9 - Other j. Attachment No. 10 -Other k. Attachment No. 11 - Other 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: TENANT - BY: Date Resident Date Resident LANDLORD Date Name of Apartment Orheard Apartments Community: By: _ signature Date Michele D. McMMUn, Assistant Manager Print Name and Title Page 10 of 10 Tenant's . Initials Exhibit "P-2" h PROPOSED NOTICE TO QUIT TO: Tanya Cruz 2207 C Cedar Run Drive Ext. Camp Hill, PA 17011 DATE: October 10, 2008 YOU ARE HEREBY NOTIFIED that as of this date, the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial and/or minor violation(s) of the Lease Agreement are as follows: (1) Failure to provide correct'information and/or falsifying information on the original Application for Housing. Specifically failure to disclose drug related activity prior to move in. The incident is in violation of Paragraph(s) 25, of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (2) Failure to keep the unit clean and remove garbage and other waste from the unit, observed by management during prescheduled inspections on 9/26/2008,10/3/2008 and 10/10/2008. The incident is in violation of Paragraph(s) 10 b. (1) and (6) of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Lease Agreement, rules and regulations of the apartment complex, and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. h THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than November 30, 2008. In the event you remain in possession of the leased unit beyond November 30, 2008, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the Lease Agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 4350.3, REV-1, Paragraph 8-13 and 8-14. If a judicial proceeding for an eviction is instituted, you may at that time present a defense. The Department of Housing and Urban Development Regulations provide that you have ten (10) days within which to discuss this Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office, visiting the office, or by writing a letter. ORCHARD APARTMENTS Served this 10th day of October 2008. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se to explicare. AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Proposed Notice to Quit by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 10'' day of October, 2008; or XXX By postinf the Proposed Notice to Quit on the tenant's front door on the 10 day of October, 2008. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Exhibit "P-3" jr, FINAL NOTICE TO QUIT TO: Tanya Cruz 2207 C Cedar Run Drive Ext. Camp Hill, PA 17011 DATE: October 20, 2008 YOU ARE HEREBY NOTIFIED that as of this date, the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial and/or minor violation(s) of the Lease Agreement are as follows: (1) Failure to provide correct information and/or falsifying information on the original Application for Housing. Specifically failure to disclose drug related activity prior to move in. The incident is in violation of Paragraph(s) 10b. (4), (6) and 13 a. (5) of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph _23 of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (2) Failure to keep the unit clean and remove garbage and other waste from the unit, observed by management during prescheduled inspections on 9/26/2008,10/3/2008 and 10/10/2008. The incident is in violation of Paragraph(s) 10 b. (1) and (6) of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3, REV-1, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Lease Agreement, rules and regulations of the apartment complex,and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. Page 1 h THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than NOVEMBER 30, 2008. In the event you remain in possession of the leased unit beyond NOVEMBER 30, 2008, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the Lease Agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 4350.3, REV-1, Paragraph 8-13 and 8-14. If you fail to heed this Notice, and you remain in the leased unit beyond the date specified for termination herein, I shall be compelled to proceed against you as the law directs. To enforce the termination of the Lease Agreement, I shall be required to initiate a judicial action as required by HUD Transmittal 4350.3, REV-1, Paragraph 8-13. If a judicial proceeding for an eviction is instituted, you may at that time present a defense. ORCHARD APARTMENTS K th . Tyson, Site Manager Served this 20th day of October, 2008. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se to explicare. Page 2 r' AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the day of 2008; or XX By posting the Final Notice to Quit on the tenant's front door on the 20a' day of October, 2008. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. By: Keith W.(T*n-Site Manager Page 3 CERTIFICATE OF SERVICE I do hereby state that on the R day of January, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Angela L. Hewitt Legal Assistant T ,` 4 w JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717)238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNTNGHAMC CCI..AWPC.COM ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Possession against the Defendant and in favor of the Plaintiff in the above stated action, in accordance with the Default Judgment for Possession entered on June 1, 2009, in the Court of Common Pleas of Cumberland County. A copy of said Judgment is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P-1". Date: S pq Respectfully submitted, CUNNINGFJAW& CH ICOFF, P.C. By: J an D unningham, Esquire 2320 North Second Street P. O. Box 60457 - Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:\Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYA\Praecipe Possession 062509.wpd 0 FOSD-O=F OF THE MOT MY 709 JUN 29 PM 2*- 21 CUU1 > ""L" a;"U'u PENNSYLVANIA AT"C4 4&4.00 pQ CBF alb. 00 - P© AIT4 a. co a•oo [Noe, (' C0 451 e lossa 0* LXX4 L06-V ? R Exhibit "P-1 " COURT OF COMMON PLEAS OF CHESTER COUNTY PENNSYLVANIA ?I7 ray„;... NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE:: ORCHARD APARTMENTS, IRaintiff TANYA CRUZ, Defendant r- i_ , C) -T. {?l 7 1 J `S _.7 ti r C7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW Pursuant to requirements of Pennsylvania Civil Procedure Rule #236, you are notified that there was entered in this office today, in the above captioned case. Judgment of $ 101. oo for Plaintiff(s) and against Defendant(s) Judgment for Defendant(s) and against Plaintiff(s) Judgment by Court Order Judgment of Non-Pros Judgment by Default Dated: URTI O G Prothonotary F:\home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, T0NYA\RL236FRM.wpd JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM..CCLAWPC.COM ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R.C.P. No. 1037(b), enter judgment of default in Count I for possession and Count II for monetary damages in favor of Plaintiff, Orchard Apartments, and against Defendant, Tanya Cruz, for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant was served with the Complaint on or about January 13, 2009 and Defendant's Answer was due to be filed on or about February 3, 2009. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail and certified mail, return receipt requested to the Defendant at her last known address on May 5, 2009, which is at least ten (10) days prior to the filing of this Praecipe. Please enter judgment for possession of the real property known and numbered as 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania and access damages in the amount of $101.00, being the amount of the costs of the action demanded in the Complaint. I hereby certify that the last known address of the Defendant is: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Respectfully submitted, CUNNINGHAM & CIIERNICOFF, P.C. Date: L By: rdan . Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:\Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYA\Preecipe Default 052709.wpd NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED that on , 2009, a Default -qt L-M I Judgment has been entered against you in the above captioned case. Date: PROTHO ARY I hereby certify that the name and address of the proper person to receive this notice under Pa.R.C.P. 236 is: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Por este medio se le esta notificando que el de del 2009, el/la siguiente Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Exhibit "A" Jordan D. Cunningham Robert E. Chernicoff Marc W. Witzig Bruce J. Warshawsky Kelly M. Knight Tracy L. Updike CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PA 17106-0457 Telephone: (717)238-6570 FAX (717)238-4809 VIA CERTEPIED MAIL RETURN RECEIPT REQUESTED and U.& MAIL 7006 3450 00010%0 6757 Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 May 5, 2009 Re: Orchard Apartments v. Tanya Cruz Court of Common Pleas of Cumberland County Docket No. 2008-7151 Our File No. 400509 Dear Ms. Cruz: Hershey Telephone (717)534-2833 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 Enclosed please find Plaintiffs Notice of Intent to File for Default Judgment. If you have any questions, please contact your attorney. Very truly yours, CHERNICOFF, P.C. Cunningham JDC/alh enclosure cc: Keith Tyson, Site Manager, Orchard Apartments (via U.S. Mail only) F:Wome41HEWIT MOC810-PWRCHARD\CRUZ, TONYA\L050409 NOTICE OF INTENT DEFAULT.wpd JORDAN D. CUNNINGHAM, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL :7CUNNINGHAM(AlCCLA WPC. COM KKNIGHT CCLAWPC.COM ORCHARD APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 TANYA CRUZ, Defendant CIVIL ACTION-LAW TO: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 DATE OF NOTICE: May S, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-999-9108 717-249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUNNINGHAM 8t CHERNICOFF, P.C. By: Dated: May ..? 2009 PA I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEVIrMDOCS\O-P\ORCHARINCRUZ, TONYA\L050409 NOTICE OF INTENT DEFAULT.wpd I do hereby state that on the day of May, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Legal Assistant N ?. rn t~ O OFF C3 ..d Q' Posta9s O Certlfled F r-I O Rstum R O (Endorsement Ae4 O Reshicted O (Endorsement Req Ln = Total Postage 3 F M SWW .a C3 r- ar Po aQ ¦ CdvWk% Mann 1, 2. and 3. Ale conVMD Ibm 4 K Rubactad Dal vwy Mt daaMrd. ¦ Print your nene and addnaa on the remoras so that we con oatiun the card to you. ¦ Attach this card to the bw* of the maNpisoa, or on the fiord M specs permits. 1. Addressed to: t:LrCI?Ccuzk n ?ei?des? 0 AW* IL RW*M by (ftbw AWI f/ CIAO of DeNwry D. N dd my addnlee dNuent wom bm 1??` lAn If YES, srrhr dW wry eddrees blow: 0 No 1?r7 e ?c 8 GU 60 ype C,, ?w p `.1011 MaN C s MeN ".,4,?,.n,,1.,?? ?Jt 1 0Fi.piN Return er.d a R.a.m R.c.ipe for M.ra,.naw O Insured Md 0 C.G.D. 4. R -hlotsd DMwry? aft Fey O Mee 2' Ardds Number nrftjnMwwb.wbep 7006 3450 0001 0960 6757 Ps Forn 3811, FAbrUary m DonMW-Return Receipt 109605-02-WIM CERTIFICATE OF SERVICE I do hereby state that on the;nday of 20093% I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 r, tIA- - ela ewitt, Legal Assistant JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 T'ELEPHoNE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM000LAWPC.COM ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE Jordan D. Cunningham, Esquire, being duly sworn according to law, deposes and says the he makes this Affidavit on behalf of the within Plaintiff, Orchard Apartments, being authorized to do so, and that he knows of his own personal knowledge, and therefore avers, that the Defendant, Tonya Cruz, is about 26 years of age; that her place of residence is 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania; that she is currently unemployed; and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et Dated: Jo,;An D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone : 717-238-6570 Attorneys for Plaintiff SWORN TO AND SUBSCRIBED TO NOURML EEAL ANGELA L NEWITT NARR49M Cm, QAUPMN COUNTY My Commlalon Explfes Up •, 2011 DAY OF MAY, 2009 F:WarnAAMWITIIDO MMORCHARMCRUZ, TONYAWIfdwit of non militwympd CERTIFICATE OF SERVICE I do hereby state that on the day of May, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Legal Assistant CERTIFICATE OF SERVICE I do hereby state that on the ?ay of June, 2009, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, Legal Assistant FILED-OMCF OF 7Hc PROTHNOTARY 2009 JUN 29 FM 2: 21 P,L ? i,r+, ' P, , f JORDAN D. CUNNINGHAK ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM [(t CCLAWPC.COM ORCHARD APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-7151 TANYA CRUZ, Defendant CIVIL ACTION-LAW WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to the Plaintiff: The apartment premises known and numbered as 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. (2) To satisfy the costs against: Not applicable. Cosa ` You are directed to levy upon any property of: Not applicable. Sa-00 Po A`rN d.00 00E ?p SEAL OF THE COURT: 6,44 OTHO T DATE: Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ti Jody S Smith Civil Process Sergeant OFFIC L I-, RIFF Edward L Schorpp Solicitor Orchard Apartments vs. Tanya Cruz Case Number 2008-7151 SHERIFF'S RETURN OF SERVICE 07/08/2009 12:56 PM - By virtue of this writ, on the 8th day of July 2009, Sheriff R. Thomas Kline caused the within named Orchard Apartments, to have possession of the premises described as 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, 17011. SHERIFF COST: $54.57 ? 7//bl09 -). SO ANSWERS, July 09, 2009 R THOMAS KLINE, SHERIFF B Sharon R. a z n Q - - = -t - _a rya < f 3 C O-U CY X70 ?o S- JORDAN D. CUNNINGHAM, ESQUIRE PAID. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 171 10 'TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAMCa?CCLA WPC. COM ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to the Plaintiff. The apartment premises known and numbered as 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. (2) To satisfy the costs against: Not applicable. //?? You are directed to levy upon any property of. Not applicable. Costs: $ 5d . oo P a A-n Y SEAL OF THE COURT: a.00 QuEeo 17, CL2? - PROTHO - to A9 /D? X0*Ar / DATE: JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAM@CCLA WPC.COM v ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R.C.P. No. 1037(b), enter judgment of default in Count I for possession and Count II for monetary damages in favor of Plaintiff, Orchard Apartments, and against Defendant, Tonya Cruz, for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant was served with the Complaint on or about January 13, 2009 and Defendant's Answer was due to be filed on or about February 3, 2009. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail and certified mail, return receipt requested to the Defendant at her last known address on May 5, 2009, which is at least ten (10) days prior to the filing of this Praecipe. Please enter judgment for possession of the real property known and numbered as 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania and access damages in the amount of $101.00, being the amount of the costs of the action demanded in the Complaint. I hereby certify that the last known address of the Defendant is: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Date: L 1.4 By: Respectfully submitted, CUNNINGHAM & ,T6rdan V. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) , P.C. F:1Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYATiucipe Default 052709.wpd Exhibit "A" Jordan D. Cunningham CUNNINGHAM & CHERNICOFF P C Robert E. Chernicoff Marc W. Witzig , . . ATTORNEYS AT LAW Bruce J. Warshaw'sky P.O. BOX 60457 HARRISBURG, PA 17106-0457 Kelly M. Knight Tracy L. Updike Telephone: (717)238-6570 FAX (717)238-4809 VU C .R'r><>A'rrD M s n . RETURN REC TED and U.S. AR, 7006 3450 00010960 6757 Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 May 5, 2009 Re: Orchard Apartments v. Tanya Cruz Court of Common Pleas of Cumberland County Docket No. 2008-7151 Our File No. 400509 Dear Ms. Cruz: Hershey Telephone (717)534-2833 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 rr -` A Enclosed please find Plaintiff s Notice of Intent to File for Default Judgment. If you have any questions, please contact your attorney. Very truly yours, CHERNICOFF, P.C. Cunningham JDC/alh enclosure cc: Keith Tyson, Site Manager, Orchard Apartments (via U.S. Mail only) F:Wome?Ai'1EWITIIDOCSIO-P\ORCHARD\CRUZ, TONYAUA50409 NOTICE OF INTENT DEFAULT.wpd JORDAN D. CUNNINGHAM, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL:JCUNNINGHAMQCCLAWPC COM KKNIGHT a.CCLAWPC.COM ORCHARD APARTMENTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET N0.200&7151 TANYA CRUZ, ; Defendant CIVIL ACTION-LAW IMPORTANT NOTICE TO: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 DATE OF NOTICE: May 5, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. J , CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-999-9108 717-249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUNNINGHAM & CHERNICOFF, P.C. By: JptHan D. Cunningham, Esquire A I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff Dated: May '5, 2009 F:1Home1AHEWrrrADOCS\O-P\ORCHARDICRUZ, TONYAU.050409 NOTICE OF INTENT DEFAULT.wpd CERTIFICATE OF SERVICE I do hereby state that on the day of May, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Legal Assistant 1 Postal Service CERTIFIED I-VIAIL,, RECEIPT M1 (00mestic Mail Only; No Insurance Coverage Provided) Lrl [%- For delivery information visit our . OFFI-CIAL USE 0 ..o ir Postage $ M Certified F O Realm Receq glare p (Endorsemem Req , O Restrie d DeAve M (Endorsement Req b Ln 't Total Postage & Fe M Sent a PM. /Y% r-?% 66a 4 "1 • Compiete Items 1, 2, urd & Aho corrVift stern 4 N Restricted Dewy b dae gal. ¦ Ptktt your ralm and addreom on the rttlverse so that we oars return the cared to you. ¦ Attaeoh thb card to the back of the malipiece, or on the front I space permits. 1. Addressed to: .- qj-,,(??? 2, 2Z6 7 C C?-t cv.-?-Nu-n ?bn* W 8 c2( tiled PA 1-70111 2. Artlds Number. MwxfrrM" earwes jeW _ 7 0 0 6 3 4 5 Ps Form 3811, February 2004 Domeft. 0 Ag" o Addressee D. b dAwy eddrees dll v, from lt@m 1 T 0 Yes If YES, order dOvery addrses below: 0 No a Sur 0 Rsplitered 0 Rsturn Reowo for Member mNe O trnusd Mea 0 C.O.D. 4. Restrlated Deevary4 pbft r*o 0 lies 0 0001 0960 6757 sturtr R 102695-02-M-IM CERTIFICATE OF SERVICE I do hereby state that on the aO day of , 2009, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 gela L. Hewitt, Legal Assistant JORDAN D. CUNNINGHAM, ESQUIRE PA I.D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE: (717) 238-4809 EMAIL: J C UNNIN GHAM(a-),C CLA W PC.COM ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE Jordan D. Cunningham, Esquire, being duly sworn according to law, deposes and says the he makes this Affidavit on behalf of the within Plaintiff, Orchard Apartments, being authorized to do so, and that he knows of his own personal knowledge, and therefore avers, that the Defendant, Tonya Cruz, is about 26 years of age; that her place of residence is 2207 C Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania; that she is currently unemployed; and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq._---l Dated: 2'1 /6I D. Cunningham, Esquire INGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Attorneys for Plaintiff SWORN TO AND SUBSCRIBED TO HI nrl DAY OF MAY, 2009 NOTARIAL SEAL , - ANGELA L HEWITT WTWAVPUB-LIC Notary PUbNC F:\Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYAWFidavit of non militarympd HARRISBURG CITY DAUPHIN COUNTY MY COMMISSIon Explrea Sep 6, 2011 CERTIFICATE OF SERVICE I do hereby state that on the day of May, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 nA %4?_ Angel . Hewi Legal Assistant 2 09 ,.?U 1- i P4,i f : 4 ; CL Pp ATW M* 4V a51 ET*- u $1?5 boke 414.00 PE's Any &*# 4(a&53 R T#oU COURT OF COMMON PLEAS OF CHESTER COUNTY PENNSYLVANIA NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE ORCHARD APARTMENTS, Plaintiff V. TANYA CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-7151 CIVIL ACTION-LAW Pursuant to requirements of Pennsylvania Civil Procedure Rule #236, you are notified that there was entered in this office today, in the above captioned case. Judgment of $ lot. co for Plaintiff(s) and against Defendant(s) Judgment for Defendant(s) and against Plaintiff(s) Judgment by Court Order Judgment of Non-Pros Judgment by Default Dated: to o C TIS R. LONG, Prothonotary F:\Home\AHEWITT\DOCS\O-P\ORCHARD\CRUZ, TONYA\RL236FRM.wpd NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED that on _16+' , 2009, a Default Judgment has been entered against you in the above captioned case. Date: PROTHOI?i TARY I hereby certify that the name and address of the proper person to receive this notice under Pa.R.C.P. 236 is: Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011 Por este medio se le esta notificando que el de del 2009, el/la siguiente Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: ' Tanya Cruz 2207 C Cedar Run Drive Extended Camp Hill, PA 17011