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Home My WebLink About04-1841rtN COURT OF COMMON PLEAS Judicial District, County Of I COMMON PLEAS No. OL{- llgNi c;,,; NOTICE OF APPEAL April a7. aooy 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. 2. L-T - dcx)c) oas=a y This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001((1) In action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. ? I1 (20) days after fling the NOTICE of APPEAL. uQ ?gn n o/Profhan6tary L spot f 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. NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT FROM PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Qy_ I gy1 C t ?I I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. i signature o/ appellant or attorney or agent RULE: To ???A( ? 1 ?-?.? ?ic? , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. A Date:aF r-tli_ aft ,20dy `./JfGJvrtR Signature of Protho r Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCR.IPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY • "y 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 PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the Distnct Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature ofoH/ciel before whom aRdavlt was mode O lf) l ((} 9' "O Title ofofcfai {t--' r a 3 My commission expires on 20 O N ao AQPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF, CUMBERLAND Mag. Dist. No, 09-3-05 DJ Name: Hon. GAYLEA. ELDER Admess: 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717 ) 766-4575 LOUIS U. RICE JR 306 S.YORK STREET MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: ?I Judgment: x Judgment was entered for: The Judgment was entered against RICE JR '- Landlord/Tenant action in the amount of $ 94.50 on 41A The amount of rent per month, as established by the District Justice, is 3> f th Securit Deposit is $ .00 04 (Date of Judgment) . 00. total amount o e y Total Amount Established by DJ Oless$Security Deposit Apd Adjudicated Amo as $ .00 $ -00 $ .00 $ -00 $ .00 $ 94.50 $ -0n s.94.50 _ 00 - Rent in Arrears $ .00-$ Physical Damages Leasehold Property $ 00 _ $- 00 Damages/Unjust Detention $ Less Amt Due Defendant frorn Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment Post Judgment Credits ® Possession granted. ********* Post Judgment Costs ON OR BEFORE 5/20/04 Certified Judgment Total ? Possession granted if money judgment is no sa Is le y Ime of evlcnon. El Possession not granted. ? 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 N OF WITH THE PROTHONOTARY/CLERK ,IF Y. 1 OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WIILLLIINCLLU EPAN/APPEAL OF THE MONEY JUDGMENT OAN OUNTS 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. 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 MU INCLUDE A COPY THIS NOTICE OF EXCEPT AS OTHERWISE PROVIDED NSTHE RULES OF CIIVILOPROCEDURE FORD STRICT JUST CESC FI THE JUD MIENT HOLDER NOTICE OF APPEAL. ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date a Ut ute Uit??cctrn iy? contaming TT.- -".,T rr nv Vi r?rnrl m Date MY commission expires first Monday of January, 2006 An C31SA-o3 pL1-I8q/ (tvi) NOTICE: OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE TRICE, MARY ELLEN NAME and ADDRESS 335 WESLEY DRIVE MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS 17055 TRICE JR, LOUIS UPTON 306 S.'YORK STREET MECHANICSBURG, PA 17055 L J )7 -LT-o000095-04 Date Filec1: 4/12/04 FOR PLAIK7IF +++- (Name) RICE MARY ELLEN LOUIS UPTON Ina District District SEAL ?I?I lll???? ? (/t w z s -b Jr, 0 0 L 933 P v G C- ?C? b .C' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (ibis proof of service MUST BE FRED WITHIN TEN (10) DAYS AFTER filing of 8re notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF P Lt ,,b er 1c,,1 of , : ss AFFIDAVIT: I hereby (swear) (affirm) that I served 19 a copy of the Notice of Appeal, Common Pleas NAL(Ail , upon the District Justice designated therein on (date of service) y _2-1 20 LJ? , ?jj by personal service by {certfPied) (registered) mail, sender's receipt attach d hereto, and upon the appellee, (name) ? A on It 20 0 Lt ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ,9 ZF' 1r- DAY OF 200 .. argnature of piLent signature o7 offer ar be/ore whom aWa?rt was madf 1?afa-?-'?r l?ub [?G__ Tile of oKmlat V My commission expires on n-.., !s.. , 20 0.7 Commonwealth Of Pennsvivania Notarial Seal Heather L Orr, Notary Public Carlisle Boro. Cumberland County W Commission Explim May 13.201)7 Member. PenrayNanle Association Of Nowries ) AQPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No QN ;?V1 ,vl 1 NOTICE OF APPEAL Alt i I al ' 1004 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. 'U Vs f2 . '"°°'"' :y - ? ' SIGNATURE OF APPELLANT ORATTORNEY OR AGENT ILI _ U Oct 5 = a y nns rnucN will stgraO'PriLTIwnen mis notation, is required under Pa. If appellant was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in action R.C.P.D.J. No. 4048 . This Notice of Ap6eal when re 'hived Isy the Distr)et Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS ilm the^,I\ dgmef.Jor possession"In this case. ihill _`- (20) days after filing the NOTICE of APPEAL. _r 1 . \)N. ,1 of Protho aryw pu 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 appellee(s), to file a complaint in this appeal ` Name of Appellee(s) (Common Pleas No. Qy_ ) RL/I t „? ( ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. t Signa ure o/appellant or attorney or agent RULE: To appellee(s) Name orappellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule uRenggk by personal service or by certified or registered mail. ydit do.not flle,'4pvmplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3J The date of service,ofthis rule if service was by mail is the date of the mailing. 1?DaJ6 A? r.,1 17. , 2004 r - signature of ProWop"r Deputy YOU MU `SST INCLUDE.AVOPY OF THE NOTICE OF JUDGMENT) TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT Flu :.r ? ? S RECEIPT t , o In /paO rance Coverage pro vid d) L_ - CID IuoiAL USE". r-q F osl; go $ 90.37 r9 '--#2.3U C3 crnnleuFee? ' 00 o Poesm.rt?'' C3 3t t, vn R 3llnpt Fuse (Enrk-M?5 nent Re coin a) - pBw O Resn-dL'r llveryFe d.; I_lll ?'"' d r-a (Entlr rs nest Require tl) (?? ?" -irtJ ,skteaFe,s $ ,;•67 V1/27/4004 m ° 111 r? R r t_t ??-? _,._.._-.__ -____-__- p M1 a .--..._ 64riar r No. Lvc ?r ¦EertifiedMailProvides: avenaDzoos aunr'oose uaojsd A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mails or Priority Mall. in Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee a Return Receipt may be requested to rovide proof of delivery. To obtain Reium Receipt service, please complete antl attach o Retum Receipt (PS Form 3811? to the article and add applicable postage to cover the fee. Endorse mailpiece.'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized aggant; Advise the clerk or mark the mailpier:e with the endorsement "RestnctedUeavery ". ' ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mall receipt is not needed, detach and affix label with postage and mail. , IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S . Post al Ser vice . CE RTIF IED MAIL . REC EIPT P id d (Do mestic M ail Only ; No Ins urance C overage rov e ) CO M 4H" ? I'1-1- r-1 Postage $ $0.37 0 Certified Fee 0013 ..- 12 P t , b ° Return RecieptFee ° (Entlorsemert Required) $0.0 os m U# Re 11V ry Fee d ReeMCted Oe $113.1)0 4 '^ , r9 (Entlorsemem Requ,Md) w _ ° b7 $2 027F?Obi' rR Total Postage & Fees . .p M C3 t TO / rte----°"•"--- p ? e.l_..... L.JU - or PO Box Me. ?.. ... _...V. /-?...._ ,7=. - . ..................... . ...... C/ty, Sf9fe, ZIPW :rr Certified Mail Provides: ¦ A mailing receipt (--a8) aooa eanrecee wcd ad ¦ Aunique Identifier for your mailpiace ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mail, or Priority Mail. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional tee, a Return Receipt mad be requested to Drovide proof of delivery. To obtain Return Receipt service, please complete and attach a Ratum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail recelptds required. ¦ For an additional fee, delivery may be restricted to the addressee or i addressee's authorized apant. Advise the clerk or mark the mailpiece with the endorsement "ResMctedDelivery". ¦ If a postmark on the Certified Mail receipt is desired, please present the"arti- . cis at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. I IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. MARY E. RICE, : IN THE COURT OF Plaintiff : COMMON PLEAS : OF CUMBERLAND : COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW LOUIS U. RICE, JR., : NO.: 04=1841 Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 1-0 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 MARY E. RICE, : IN THE COURT OF Plaintiff : COMMON PLEAS : OF CUMBERLAND : COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO.: 04-1841 LOUIS U. RICE, JR., Defendant COMPLAINT 1. Plaintiff is Mary E. Rice, an adult individual residing at 335 Wesley Drive, #424, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Louis U. Rice, Jr., an adult individual residing at 306 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At all times relevant to this action, the Plaintiff was and still is, the owner in fee simple entitled to the present possession of the following described real property: 306 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania, more fully described in the Deed attached hereto as Exhibit A. 4. At all times relevant to this matter, the Defendant was, and still is, unlawfully retaining possession of the above described premises. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 5. Defendant, who is the son of Plaintiff, originally was authorized by the Plaintiff to reside at the aforementioned premises. On or about April 12, 2004 Plaintiff advised the Defendant that she wished to sell the aforementioned premises and that Defendant would have to move out and return possession to the Plaintiff. 6. At all relevant to this matter, the Defendant has refused to vacate the premises and return possession to the Plaintiff. 7. Plaintiff asserts that the rental value of the above premises is $550.00 per month. 8. By reason of Defendant's refusal to vacate the premises and return possession to the Plaintiff, Plaintiff has been deprived of the possession use of the above real property to her damage in the sum of $550.00. Wherefore, Plaintiff requests an award of money damages against Defendant and possession of the premises from Defendant. X'1 Stephen n J, Hogtt, s dire Attorney for Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Attorney ID# 361312 Date: d LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION The foregoing document on behalf of the Plaintiff, Mary E. Rice, is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Plaintiffs' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff according to 42 Pa. C.S.A. §1024(c)(2). The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities. Date: EXHIBIT 1 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 rxsrs Ana Asssans, All THAT CERTAIN lot or tract of land situate in the Borough of Mechanics- burg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows according to Survey of William B. Whittock, Professional Engineer, dated September 11, 1967, to wit: BEGINNING at a point on the western line of South York Street 87 feet South by same from West Keller Street at the southeast corner of Lot No. 29 being lands now or formerly of Charles J. D. Eckerd; thence South 79 degrees 15 minutes West along the southern line of said Lot No., 29 for a distance of 125 feet to a point on the eastern line of a 20 foot wide alley known as Monroe Street; thence South 10 degrees 45 minutes East along eastern line of Monroe Street for a dis- tance of 29.42 feet to a point on the northern boundary line of Lot No. 33 being lands now or formerly of Charles Brown; thence North 79 degrees 15 minutes East by northern line of Lot No. 33 for a distance of 125 feet to a point; thence North 10 degrees 45 minutes West for a distance of 29.42 feet by the western line of South York Street to the place of beginning. HAYING THEREON ERECTED a single two and oi.e-half story frame dwelling with a detached frame garage known as, 306 South York Street. _ -n T Z1C) t W n rr? r p '< SHERIFF'S RETURN - REGULAR CASE NO: 2004-01841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICE MARY ELLEN VS RICE LOUIS UPTON JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICE LOUIS UPTON JR the DEFENDANT , at 1843:00 HOURS, on the 19th day of May 2004 at 306 S YORK STREET MECHANICSBURG, PA 17055 by handing to LOUIS U RICE JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this y=` day of zo04 A.D. C rrr?yr?0 ?, /Pothonotary So Answers: R. Thomas Kline 7 05/20/2004 STEPHEN HOGG By: G 4Deputy eriff Louis U Rice Jr 306 South York Street Mechanicsburg, Pa 17055 717 796-3669 artistx 15 @yahoo.com June 4, 2004 Court of Common Pleas of Cumberland County Civil Action Law No.: 04-1841 To Whom It May Concern: This document is an answer to a suit filed by Stephen Hogg, Esq. on May 17, 2004. In this document, I will show precedents and reasons for dismissing this case. Not the least of which is that I will be homeless and destitute when it is not necessary. I have a mediation scheduled with the Neighborhood Dispute Settlement on June 17, 2004, an organization I have looking for since this case started. I have brought my intentions to several lawyers and nobody even mentioned they existed. This could have detained all the legal action that has been taken against me. All the lawyers said was, "we don't know how to win this case." You get that? They would not even try to help me and if money was the issue, they could have referred me to this organization. Instead, every place I looked for help I was distracted and sidetracked by the very people I was asking for help. I could not even find out if I present this to you, Judge, in person or just drop this off. I still do not know. I guess a well-kept secret. i The truth of this matter is that it is not clearly defined by law as far as my hours and days at the Dickinson School of Law Library can tell me. I had even one lawyer tell me they could not decide whether I was a tenant or a son! Ref: Balkiewicz V Asenavge. I have been disabled all winter but since the weather has gotten better, I feel better and am fervently looking for work and subsequently a place to live. Right now, I have neither. Evictions are usually used against people who have done something bad to the landlord. I have not done anything wrong except visit my mother on a regular basis and taken her to needed doctors appointments something my two sisters have never done. I also cooked for her from 1998 to 2003. Last but, not least, I believe there has been undue influence on my mother have submitted documents to prove this. As these documents will show, there have been many people in the mix who have no business being there. Please dismiss this case and let my mother and I work this out. She had to agree to the mediation with the Neighborhood Dispute Settlement and she has. I was not asking any of these lawyers to win but rather to let you know Judge, that the ramifications would be homelessness for me. Thank you for your time and consideration in this matter. Louis U Rice Jr 2 L I am requesting dismissal of the case because of not being served properly. A. By Mr. Hogg's own admission, the first action in this eviction litigation took place on April 12, 2004 with the District Justice of Mechanicsburg. 1. By Pa Law, the first action in an eviction case cannot be through the courts. a. 68 PS §250.501, 555 1. Haines V Elfman 235 Pa 341 2. I had received a paper on my door March 26, 2004 telling me to vacate in 15 days. Defense Exhibit A. b. The paper had no sender on it or a date. c. Since this is not a rent dispute, law requires that I have 30 days. d. Bob Hoopla, a realtor from ReMax and working for the plaintiff, posted the notice and therefore is not a viable third party to deliver the notice because, he stands to make; commission off of this sale. I know this because after the DJ hearing I asked him. 1. Brown V Johnson 45 Vilest 15 2. a. The notice also states that Bethany Towers is making the plaintiff, my mother, sell the house. This is not true according to a copy of the contract, now known as Defense Exhibit B. b. On March 29, 2004, I took: this notice to Legal Services in Carlisle they said, "it didn't mean anything." In addition, Gail Partin of the Dickinson Law School Library said the same thing. 3 c. The notice to quit was not clear. II. I am requesting dismal because of "estoppel en pais." A. Definition: " To constitute an estoppels en pais, there must be an admission, statement or act inconsistent with claims afterwards asserted, and action to the other party on faith of such admission, statement or act will cause injury to such other party to contradict or repudiate such admission, statement or act." 1. Peplinski V Campbell 226 P. 2°" 211, 213 2. This action will cause estoppel en pais on me. a. I am unemployed b. I am disabled but, am looking for a job c. I make some money from making canvases and easels in my workshop, which is in the house. d. An eviction on my record does not look favorably on my endeavor to find a nice apartment. 1. Evictions are used against people who did some wrong act against a landlord, I did not. 3. I will be put out on the street. III. I am requesting dismissal because of undue influence. undue influence n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive or to sign a contract. The key element is that the influence was so great that the testator (will writer), donor (gift giver) or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the will, gift or contract by a court if the will, gift or contract is challenged. Participation in preparation of the will, excluding other relatives being present when the testator and the attorney meet, are all evidence of undue pressure, and an imbalance or change in language which greatly favors the person exercising the influence is a factor in finding undue influence. Example: Pete Pounder constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his 4 attention, finally brings over an attorney who does not know Agnes and is present while she tells the attorney to write a new will in favor of Pounder. The issue seems to be that this is what my mother wants to do. I submit that there has been Undue influence on my mother. She states in a letter dated March 11, 2004 that Bethany Towers is requiring that she sell the house. Defense Exhibit C page 9. In this letter, she makes several references on how much she owes the Department of the Aging and especially Pricilla. If indeed she wants to sell the house, it is not necessary for me to move out until it is sold. A. On April 14, 2004, I had talked with my mother and asked to drop the charges so we can discuss this. She said, "Give me two days." 1. On Friday April lti, 2004, my mother called me and said she would send in a letter dropping the charges. a. On Tuesday, April 20, 2004, I called the DJ and asked if my mother had sent in a letter to drop the charges. I talked to Brenda Cook. She said no and that I had to be there on Thursday April 22, 2004. b. I called my mother and she said she had talked to someone over the weekend (later I found out it was Pricilla Whitman, of the Cumberland County Office of the aging.) and that she had changed her mind. B. The people who showed up on my mothers behalf 5 1. Bob Hoopla, ReMax agent, who admitted to driving my mother to the DJ on April 12, 2004. 2. Pricilla Whitman, who my mother told me, talked her out of dropping the charges against me. C. The Judgment of the DJ. 1. After I lost at the DJ (and not be allowed to put on a defense or call my witness.) My mother told me she would pay for the appeal. Defense EXHIBIT D a. I paid for the appeal but my mother told me that Pricilla Whitman had told her not too. D. On the twentieth day after I appealed. 1. I talked with my mother and she said that Bob Hoopla (ReMax) had gotten an attorney for her and was filing a paper that would allow me to stay in the house until sold. 2. When served with this suit, Mr. Hogg said my mother said that she wanted $550 and possession. He also stated that my mother was not available to sign the document because of the time allotted (twenty days). a. When I presented this to my mother, she did not know anything about the $550 or about assuming possession right away. She told me she had, "to do what the Office of the Aging tells her to do. 6 b. In addition, there was never any rent agreement between my mother and I. c. The only agreement was that I would get the house in her will. 1. As a matter of fact, sometime in January 2003, my mother and Pricilla Whitman sat me down at the Kitchen table, for the purpose of coercing me, and I told them I could only handle the utilities and they said that would be, "ok," IV. I am requesting dismissal because this house has been in my family for over 35 years. A. There is a lot of familly history. 1. Papers of my fathers as well as citations and medals. 2. Furniture that are antiques. 3. I do not believe my father would have wanted his family to just give up the house and just turn tail. 4. I am third in the line of Louis Rice's; this home means more to me than to my sisters. I would like to try to keep it. 5. Memories. B. I have lived there for most of the 35 years. 1. Every winter I had to go around the inside and the outside of the house to make sure no cold air would get in. a. From 1987 to present, I have taken care of my parents making sure they would not run out of medication and taking them to the doctors when needed or when there was an appointment. I also would ask the Doctors questions. 1. In 1998 my father passed away. He spent the last 7 weeks of his life on a ventilator at Holy Spirit Hospital. I visited him at least twice every clay. My two sisters visited him 4 times between them. 2. 1 have managed to keep the house up for the last year. a. All the bills are in my name. b. I was disabled last winter due to arthritis and disc problems in my back. It is one of the reasons I have not been able to find a job. Nevertheless, the lights and phone stayed on. c. My mother stated that the house was a burden to her. Ex. C. 1. I know this can be worked out. The taxes my mother refers to are taxes she has not paid since 2002 when she was still, living here. (a) Actually there was a verbal agreement that she would pay the taxes this year and I would take over. (b) It was as early as January when my mother and I s agreed to have my name put on the lease to avoid problems of undue influence. V. Mediation A. On June 17, 2004, Neighborhood Dispute Settlement will convene a meeting between my mother and L Defense EXHIBIT E B. I have kept a record of all the communications. Moreover, showed them to Pam Smith Esq. At legal Services. I was hoping that there was such an organization as the NDS but no one said a word about it. C. Deb Ritchey told me that DJ Gayle Elder was one of their biggest supporters, but no referral came from her. As a note: Gayle and I have stood at the polls (opposite sides) when she stated that people who pay rent should pay property taxes for the property they are living in. I am not saying that Gayle actually meant this Machiavellian idea but rather it goers to prejudice against me. D. All along, I have been trying to have this resolved before legal action but was turned away by the people ][ mentioned because they want to see me be homeless. 1. As a matter of note, I went to legal services on April 15, 2004, and they said they would take the case. Pam Smith would be my lawyer. (a) Pam Smith called me the morning of April 22, 2004 and said she would try to get a continuance. She called me back 9 about an hour before the hearing and told me they, Legal Services Inc., would not take the case. Even then she could have told me about the services of the NDS. RELEVANT PRECEDENTS Baumgartner V Baumgartner Balkiewicz V Asenavge 57 Sch. L. R. 53, Affirmed 178 A. 2nd 591, 406 Pa. 501 Posada V Gasday 46 D. X C.3rd 152 Brennan V Shore Bros 110 A 2nd 401, 380 PA 283 Burger V Phillip Petroleum Co. 492 SW 2nd 934 LIST OF EXHIBITS A. Letter ordering me vacate premises B. Bethany Towers Contract C. Letter from my mother dated March 11, 2004 D. Record of contacts with various people E. Letter from Neighborhood Dispute Settlement 10 r} Louis Upton Rice, Jr. 306 S. York Street Mechanicsburg, PA 17055 Dear Sir, You are occupying a property which is owned by Mary Ellen Rice. Mary Ellen Rice was told part of her agreement to be able to reside at the Bethany Towers that she would have 1 year to sell the residence at 306 S. York Street Mechanicsburg, PA 17055. Mary Ellen Rice wishes to sell the property that you reside in. Mary Ellen Rice gave you permission to reside in the home until she had to put the home on the market. It is now that time to market that property and since you have yet to vacate the property you are now in breach of your agreement. We are now putting you on notice that you will have 15 days to vacate the property. 3/26/2004. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Project Name: Bethany Towers HUD Project Number: 034EH006 MODEL LEASE For Use Under: (1) the Section 202 Program of Housing for the Elderly or Handicapped in conjunction with the Section 8 Housing Assistance Payments Program; and (2) the Section 202 Program for Nonelderly Handicapped Families and Individuals in conjunction with Section 162 assistance and Project Assistance Contracts. This Agreement made and entered into this day of 2002, between Bethany Towers, as LANDLORD, and , as TENANT. WTTNESSETH WHEREAS, the LANDLORD is the Mortgagor under a Mortgage covering the project in which the hereinafter described unit is situated, which secures a loan made by the Secretary of Housing and Urban Development (HUD) (hereinafter "Secretary") pursuant to Section 202 of the Housing Act of 1959, as amended, and WHEREAS, the LANDLORD has entered into a Housing Assistance Payments (HAP) Contract with the Secretary, and WHEREAS, pursuant to a Regulatory Agreement entered into between the LANDLORD and the Secretary, the LANDLORD has agreed to limit occupancy of the project to elderly or handicapped families and individuals as defined in Section 202 of the Housing Act of 1959, as amended and applicable HUD regulations under criteria for eligibility of TENANTS for admission to Section 8 assisted units and conditions of continued occupancy in accordance with the terms and provisions of the HAP contract, ai WHEREAS, the LANDLORD has determined that the TENANT is eligible to pay less than the contrac rent for the described unit, NOW THEREFORE, The LANDLORD leases to the TENANT, and the TENANT leases from the LANDLORD dwelling unit in the project know as, Bethany Towers, for a term of one year commencing on and ending on 2. The total rent (Contract Rent) shall be $589 per month. The total rent specified in Paragraph 2, above, shall include the following utilities: heat water cable electric sewage 4. Of the total rent, shall be payable by or at the direction of HUD as housing assistance payments on behalf of the TENANT, and shall be payable by the TENANT. These amounts shall be subject to change by reason of changes in HUD requirements, changes in the TENANT's family income, family composition, or extent of exceptional medical or other unusual expenses in accordance with HUD-established schedules and criteria; or by reason of adjustment by HUD of any applicable Utility Allowance. Any such change shall be effective as of the date stated in a Notice to the TENANT. 5. The TENANT's share of the rent shall be due and payable on or before the first day of each month at 335 Wesley Drive to the LANDLORD, or to such other person or persons or at such places as the LANDLORD may from time to time designate in writing. 6. A security deposit equal to one month's total tenant payment or $50, whichever is greater, shall be required at the time of execution of this Agreement. Accordingly, TENANT hereby makes a deposit of $ against any damage except reasonable wear done to the premises by the TENANT, his/her family, guests, or agents; and agrees to pay when billed the full amount of any such damage in order that the deposit will remain intact. Upon termination of the Lease, the deposit is to be refunded to the TENANT or to be applied to any such damage or any rent delinquency. The LANDLORD shall comply with all State and local laws regarding interest payments on security deposits. 7. The LANDLORD shall not discriminate against the TENANT in the provision of services or in any other manner on the grounds of race, color, creed, religion, sex, familial status, national origin, or disability. 8. Unless terminated or modified as provided herein, this Agreement shall be automatically renewed for successive terms of one month each at the aforesaid rental, subject to adjustment as herein provided. a. The TENANT may terminate this Agreement at the end of the initial term or any successive term by giving thirty (30) days written notice in advance to the LANDLORD. Whenever the LANDLORD has been in material noncompliance with this Agreement, the TENANT may in accordance with ctate law terminate this Agreement by so advising the LANDLORD in writing. ie LANDLORD's right to terminate this Agreement is governed by the regulation of the Secretary 24 CFR Part 247 (herein referred to as the HUD Regulation). The HUD Regulation provides that LANDLORD may terminate this Agreement only under the following circumstances: T (1) The LANDLORD may terminate, effective at the end of the initial term or any successive term, by giving the TENANT notification in the manner prescribed in paragraph (g) below that the term of this Agreement is not renewed and this Agreement is not renewed and this Agreement is accordingly terminated. This termination must be based upon either material noncompliance with this Agreement, material failure to carry out obligations under any State landlord or tenant act, or other good cause. When the termination of the tenancy is based on other good cause, the termination notice shall so state, at the end of a term and in accordance with the termination provisions of this Agreement, but in no case earlier than thirty (30) days after receipt by the TENANT of the notice. Where the termination notice is based on material noncompliance with this Agreement or material failure to carry out obligations under a State landlord and tenant act, the time of service shall be in accordance with the previous sentence or State law, whichever is later. .-9e (2) Notwithstanding subparagraph (1), wherever the TENANT has been in material noncompliance with this Agreement, the LANDLORD may, in accordance with State law and the HUD Regulation, terminate this Agreement by notifying the TENANT in the manner prescribed in paragraph (g) below. c. If the TENANT does not vacate the premises on the effective date of the termination of this Agreement, the LANDLORD may pursue all judicial remedies tinder State or local law for the eviction of the TENANT, and in accordance with the requirements in the HUD Regulation. d. The term "material noncompliance with this Agreement" shall, in the case of the TENANT, include (1) one or more substantial violations of this Agreement, (2) repeated minor violations of this Agreement which disrupt the livability of the project, adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project facilities, interfere with the management of the project or have art adverse financial effect on the project, or (3) failure of the TENANT to timely supply all required information on the income and composition, or eligibility factors of the TENANT household (including failure to meet the disclosure and verification requirements for Social Security Numbers, as provided by 24 CFR Part 5, or knowingly providing incomplete or inaccurate information). This also includes any and all letters or notices coming from HUD to the tenant regarding income. Nonpayment of rent or any other financial obligation due under this Agreement (including any portion thereof) beyond any grace period permitted under State law shall constitute a substantial violation. The payment of rent or any other financial obligation due under this Agreement after the due date but within any grace period permitted under State law shall constitute a minor violation. e. The conduct of the TENANT cannot be deemed other good cause; unless the LANDLORD has given the TENANT prior notice that said conduct shall henceforth constitute a basis for termination of this Agreement. Said notice shall be served on the TENANT in the manner prescribed in paragraph (g) below. The LANDLORD's determination to terminate this Agreement shall be in writing and shall (1) state that the Agreement is terminated on a date specified therein, (2) state the reasons for the LANDLORD's action with enough specificity so as to enable the TENANT to prepare a defense, (3) advise the TENANT that if he or she remains in the leased unit on the date specified for termination, the LANDLORD may seek to enforce the termination only by bringing a judicial action at which time the TENANT may present a defense, and (4) be served on the TENANT in the manner prescribed by paragraph (g) below. g. The LANDLORD's termination notice shall be accomplished by (1) sending a letter by first-class mail, properly stamped and addressed to the TENANT at his/her address at the project, with a proper return address, and (2) serving a copy of said notice on an), adult person answering the door at the leased dwelling unit, or if no adult responds, by placing the notice under or through the door, if possible, or else by affixing the notice to the door. Service shall not be deemed effective until both notices provided for herein have been accomplished. The date on which the notice shall be deemed to be received by the TENANT shall be the date on which the first-class letter provided for in clause (1) herein is mailed, or the date on which the notice provided for in clause (2) is properly given, whichever is later. h. The LANDLORD may, with the prior approval of HUD, modify the terms and conditions of the Agreement, effective at the end of the initial term or a successive term, by serving an appropriate notice on the TENANT, together with the tender of a revised Agreement or an addendum revising the existing Agreement. Any increase in rent shall in all cases be governed by 24 CFR Parts 245, and other applicable HUD regulations. This notice and tender shall be served on the TENANT in the manner prescribed in paragraph (g) and must be received by the TENANT (as defined in paragraph (g) ) at least thirty (30) days prior to the last date on which the TENANT has the right to terminate the tenancy without being bound by the codified terms and conditions. The TENANT may accept it by executing the tendered revised Agreement or addendum, or may reject it by giving the LANDLORD written notice at least thirty (30) days prior to its effective date that he/she intends to terminate the tenancy. The TENANT's termination notice shall be accomplished by sending a letter by first-class mail, properly stamped and addressed to the LANDLORD at his/her address. i. The Landlord may terminate this Agreement for the following reasons: (1) 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; (2) determination made by the Landlord that a household member is illegally using a drug; (3) 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; (4) 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; (5) 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 Pennsylvania, is a high misdemeanor; or (6) if the tenant is violating a condition of probation or parole under Federal or State law; (7) 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; (8) 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 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. 9. TENANT agrees that the family income, family composition and other eligibility requirements shall be deemed substantial and material obligations of his/her tenancy with respect to the amount of rental he/she will be obligated to pay and his/her right of occupancy, and that a recertification of income shall be made to the LANDLORD annually from the date of this lease in accordance with HUD regulations and requirements. 10. TENANT agrees that the TENANT's share of the monthly rental payment is subject to adjustment by the LANDLORD to reflect income changes which are disclosed on any of TENANT's recertification of income, and TENANT agrees to be bound by such adjustment. LANDLORD agrees to give thirty (30) days written notice of any such adjustment to the TENANT, by an addendum to be made part of this lease, stating the amount of adjusted monthly rental which the TENANT will be required to pay. 11. LANDLORD and TENANT agree that if, upon recertification, TENANT's income is found to be sufficient to pay the Contract Rent plus any Utility Allowance, the TENANT shall then be required to bear the cost of all such housing expense, but he/she will no longer be required to make income certifications under this lease. 12. The TENANT shall not assign this lease, sublet the premises, give accommodation to any roomers or lodgers, or permit the use of the premises for any purpose other than as a private dwelling solely for the TENANT and his/her family. The TENANT agrees to reside in this unit and agrees that this unit shall be the TENANT's and his/her family's only place of residence. 13. TENANT agrees to pay the LANDLORD any rental which should have been paid but for (a) TENANT's misrepresentation in his/her initial income certification or recertification, or in any other information furnished to the LANDLORD or (b) TENANT's failure to supply income recertification when required or to supply information requested by the LANDLORD. 14. TENANT for himself/herself and his/her heirs, executors and administrators agrees as follows: a. To pay the rent herein stated promptly when due, without any deductions whatsoever, and without any obligation on the part of the LANDLORD to make any demand for the same; b. To keep the premises in a clean and sanitary condition, and to comply with all obligations imposed upon TENANTS under applicable provisions of building and housing codes materially affecting health and safety with respect to said premises and appurtenances, and to save the LANDLORD harmless from all fines, penalties and costs for violations or noncompliance by TENANT with any of said laws, requirements or regulations, and from all liability arising out of any such violations or noncompliance. c. Not to use premises for any purpose deemed hazardous by insurance companies carrying insurance thereon; d. That if any damage to the property shall be caused by his/her acts or neglect, the TENANT shall forthwith repair such damage at his/her own expense, and should the TENANT fail or refuse to make such repairs within a reasonable time after the occurrence of such damage, the LANDLORD may, at his/her option, make such repairs and charge the cost thereof to the TENANT, and the TENANT shall thereupon reimburse the LANDLORD for the total cost of the damages so caused; e. To permit the LANDLORD, or his/her agents, or any representative of any holder of a mortgage on the property, or when authorized by the LANDLORD, the employees of any contractor, utility company, municipal agency or others, to enter the premises for the purpose of making reasonable inspections and repairs and replacements; f. Not to install any large appliance, ie: a washing machine, clothes dryer, or air conditioning unit in the apartment; and g. To comply with LANDLORD's rules and regulations as set forth in the handbook provided to TENANT upon the execution hereof, said handbook being incorporated herein by reference thereto. h. To permit the LANDLORD or his/her agents to bring appropriate legal action in the event of a breach or threatened breach by the TENANT of any of the covenants or provisions of this lease. 15. The TENANT is permitted to keep common household pets in his/her dwelling unit (subject to the provisions in 24 CFR Part 5 and the pet rules promulgated under 24 CFR Part 5). Any pet rules promulgated by the LANDLORD are attached hereto and incorporated hereby. The TENANT agrees to comply with these rules. A violation of these rules may be grounds for removal of the pet or termination of the TENANT's (pet owner's) tenancy (or both), in accordance with the provisions of 24 CFR Part 5 and applicable regulations and State or local law. These regulations include 24 CFR Part 5 (Evictions From Certain Subsidized and HUD-Owned Projects) and provisions governing the termination of tenancy under the Section 8 housing assistance payments and project assistance payments programs. NOTE: Part 5 Pet Rules do not apply to an animal used by a Tenant or visitor that is needed as a reasonable accommodation for the Tenant or visitor's disability. The LANDLORD may after reasonable notice to the TENANT and during reasonable hours, enter and inspect the premises. Entry and inspection is permitted only if the LANDLORD has received a signed, written complaint alleging (or the LANDLORD has reasonable grounds to believe) that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project of other persons in the community where the project is located. If there is no State or local authority (or designated agent of such authority) authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the LANDLORD may enter the premises (if necessary), remove the pet, and take such action with respect to the pet as may be permissible under State and local law, which may include placing it in a facility that will provide care and shelter for a period not to exceed thirty (30) days. The LANDLORD shall enter the premises and remove the pet or take such other permissible action only if the LANDLORD requests the TENANT (pet owner) to remove the pet from the project immediately, and the TENANT (pet owner) refuses to do so, or if the LANDLORD is unable to contact the TENANT (pet owner) to make a removal request. The cost of the animal care facility shall be paid as provided in 24 CFR Part 5. 16. The LANDLORD agrees to comply with the requirement of all applicable Federal, State, and local laws, including health, housing and building codes and to deliver and maintain the premises in safe, sanitary and decent condition. -? '2 17. The TENANT, by the execution of this Agreement, admits that the dwelling unit described herein has been inspected by him/her and meets with his/her approval. The TENANT acknowledges hereby that said premises have been satisfactorily completed and that the LANDLORD will not be required to repaint, replaster, or otherwise perform any other work, labor, or service which it has already performed for the TENANT. The TENANT admits that he/she has inspected the unit and found it to be in good and tenantable condition, and agrees that at the end of the occupancy hereunder to deliver up and surrender said premises to the LANDLORD in as good condition as when received, reasonable wear and tear excepted. 18. 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 procedure, and making and paying for structural alterations to a unit or common areas. The LANDLORD is not required to provide accommodations that constitute a fundamental alteration to the LANDLORD's program or which would pose a substantial financial and administrative hardship. (See the regulations at 24 CFR Part 8) In addition, if a requested structural modification does pose a substantial financial and administrative hardship, the LANDLORD must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act. 19. TENANT agrees not to waste utilities furnished by the LANDLORD; not to use utilities or equipment for any improper or unauthorized purpose; and not to place fixtures, signs, or fences in or about the premises without the prior permission of the LANDLORD in writing. If such permission is obtained, TENANT agrees, upon termination of the lease, to remove any fixtures, signs or fences, at the option of the LANDLORD, without damage to the premises. 20. This Agreement shall be subordinate in respect to any mortgages than are now on or that hereafter may be placed against said premises, and the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this Agreement, and the TENANT agrees to execute any such instrument without cost, which may be deemed necessary or desirable to further effect the subordination of this Agreement to any such mortgage or mortgages and a refusal to execute such instruments shall entitle the LANDLORD, or the LANDLORD's assigns and legal representatives to the option of canceling this Agreement without incurring any expense or damage, and the term hereby granted is expressly limited accordingly. 21. 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. 22. 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. 23. Interim recertifications. a. The TENANT agrees to advise the LANDLORD immediately if any of the following changes occur. (1) Any household member moves out of the unit. (2) Any 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 $40 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 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 (30) 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. c. If the TENANT does not advise the LANDLORD of the interim changes concerning household members or increase in income, the LANDLORD may increase the TENANT's rent to the HUD- approved market rent. The LANDLORD may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The TENANT may request to meet with the LANDLORD to discuss how any change in income or other factors affected his/her rent or assistance payment, if any. If the TENANT requests such a meeting, the LANDLORD agrees to meet with the TENANT and explain how the TENANT's rent or assistance payment if any, was computed. 24. Removal of Subsidy: a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either item 1 or 2 below occur. (1) The TENANT does not provide the LANDLORD with the information or reports required by paragraph 14 or 15 within ten (10) calendar days after receipt of the LANDLORD's notice of intent to terminate the TENANT's assistance. (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 ten (10) calendar days following the date of the notice, he/she may request to meet with the LANDLORD to discuss the proposed termination of assistance. If the TENANT requests a discussion of the proposed termination, the LANDLORD agrees to meet with the TENANT. c. Termination of assistance shall not affect the TENANT's other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the TENANT submits the income or other data required by HUD procedures, the LANDLORD determines the TENANT is eligible for assistance, and assistance is available. ?3 25. Failure of the LANDLORD to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waver or relinquishment of the LANDLORD's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 26. In return for the TFNANT's continued fulfillment of the terms and conditions of this Agreement, the LANDLORD covenants that the TENANT may at all times, while this Agreement remains in effect, have and enjoy for his/her sole use and benefit the above described property. 27. The lease agreement will terminate automatically, if the Section 8 Housing Assistance contract terminates for any reason. 28. Attachments to the Agreement: The TENANT certifies that he/she has received a copy of the Agreement and the following attachments to the Agreement and understands that these attachments are part of the Agreement. a. Attachment No. 1- Certification and Recertification of Tenant Eligibility. (50059 Certification) b. Attachment No. 2 - Unit Inspection Report. C. Attachment No. 3 - Resident Handbook WITNESS: TENANT BY: 1. 2. LANDLORD BY: Date Signed Date Signed Sheryl L. Stevens, Manager Date Signed Revised lease 10601102 ZA, t r` r r N4 f` -?c ?.. ?.... f.e. .?`?? ??? ? J ??? Yh, ?? ? ? ?? ??.??? ,rte; ?- ???/??, ???? T? ?` °-?-? sue., ? ? ?,?? ?,???? r? ? ? b L. ?'?f ?fc?.. 7 /,? a-:- ?, ? r'? ?,. L =? ?µ???? , ???u L - 2LZlIvIl ? c ef,4 ?x i r=`"=V/1 r3 ? `e r , >_ ?- ?? v??, ??? -??? ?? ?? ,_? , ?? ???`" ?Z??? ? ?.r-?.?- ??? ?? ?? ?? g i o -- V ^ y / G l.. /, 0- T /Oor-, f - A ® i Rl ? ° ?/L ?sc? v Id ILI xe? -i y ?L! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Chronology of eviction proceedings February 12, 2003: My mother moved into Bethany towers just 14 days after getting the apartment. Nobody said anything about me finding another place to live. January sometime: I had a conversation with my mother and she said she would look into signing the house over to me. Since I spent the last 15 years taking care of my parents, this made sense. February 3, 2004 My car broke down on the Pa Turnpike Bridge heading east over the Susquehanna River. I was a traumatic experience because I was on the middle of the bridge and there were three Tractor Trailers coming at me. This gave me nightmares for weeks. February 6, 2004: Called Laurie Wetzel at New Hope Ministries. Asked her helping me get my car repaired. She said if I were not living there, my mother would have sold the house. That is the first time I heard of it. March sometime: My mother told me that Rev. Jay Walters had spent an hour at her apartment. March 13, 2004: Received a letter from my mother that was I think her will. She states in it that, "Please be assured that I must sell the house because the Bethany Towers Management requires it" March 15, 2004: I received a phone call from my mother. She said she had only one more payment to make on the property taxes. March 23, 2004: Two Re-Max guys came to the door and said Bethany Towers is making my mother sell the house. Bob Hoopla asked, "Didn't you get a phone call?" I told them to give me a week. 1 53 March 24, 2004: 54 55 56 Called Cheryl Stevens at Bethany. She said she did not tell my mother that she had to sell the house. 57 I also asked her if there was any reason for Bethany to tell my mother to sell the house. She said, "No." 58 59 I called Myrtle at the Presbyterian Church and asked her to find out why my mother was selling the 60 house. She also said that my mother could not keep up with the taxes. Myrtle has not called back. 61 62 March 25, 2004: 63 64 My sister, Christine called to wish me a happy birthday. She said that our mother had called earlier 65 and told her there was a meeting between my mother, the realtor, Myrtle and Cheryl. If this is a meeting 66 to get me kicked out of the house, I did not know anything about it. 67 68 March 26, 2004: 69 70 I found a note on my door telling me I had 15 days to move out. It also said I was breaking the 71 agreement between my mother and me. There was no agreement. Also there was no identification of 72 who left it there. 73 74 Called Jay Walters and told him the story and he said to call Rick Sweeny or Myrtle. He gave their 75 numbers. 76 77 Called Rick and asked him to call Myrtle and have her call me. I waited 45 minutes then I went over 78 to my Mothers. 79 80 I called my mother. She hung up on me. 81 82 I called again. I asked her about the paper. She did not seem to know about what I was talking. 83 84 At my Mothers, I showed her the letter and asked to see what it is she signed. She said she did not 85 sign anything. Just a paper saying that she saw a paper. We could not find it. We looked all over. In 86 addition, I asked her who got the Realtor. She said Myrtle did in response to a letter my mother wrote. 87 88 She also sad she only had $511.00 left in paying the taxes. 89 90 March 27, 2004: 91 92 Called John Eakins, ESQ. And he told me I better see something that says my mother has to sell 93 the house for those reasons. He said it would be no problem for nay mother to sign the house over to me. 94 It was already in her will. He said, "I better get the straight story." 95 I talked with my mother and she did not seem to realize she was throwing me out on the street. She kept 96 saying, "You're only looking at things from your side." 97 98 I talked to Myrtle and she said that in the letter my mother needed the money to live on. I asked her 99 if my mother signed anything. She could not remember. She said that Ellen was her "beloved" and she 100 was taking her side. She said she had to pray on it. 101 102 My sister Christine called and said she and my other sister, Karen, are going to buy the house and 103 give me an option of buying them out. 104 2 105 March 28, 2004: 106 107 My mother called and asked me what I thought about the news. She said Karen had already talked to 108 the realtor. I asked her if she authorized kicking me out. She said ,"No." 109 110 March 29, 2004: 111 112 Went to Legal Services in Carlisle and gave them a copy of the note left on my door. 113 114 March 30, 2004: 115 116 Legal services called back and said that letter did not mean anything. 117 118 1 called Christine to wish her a happy birthday. She divulged that her and Karen are buying the house, 119 then, kick me out and fix it up and sell and keep the profits. 120 121 March 31, 2004: 122 123 Told my mother what my sisters were planning. She said she did not believe it. 124 125 April 1, 2004: 126 127 My mother told me that my sisters made an offer of $22,500 for the house. She said she refused it on 128 the urging of Bob Hoopla because she could get a lot more. 129 130 April 3, 2004 131 132 Christine called me at 6:30 am. She wanted me to call her right back because she got a new phone. 1 133 called her back and she answered, "Mission accomplished!" 134 135 April 14, 2004: 136 137 Received notice of hearing. Called my mother asked to withdraw these charges. She said, "Give me 138 2 days." 139 140 April 15, 2004: 141 142 Went to legal services. They said they would take the case. Pam Smith is the lawyer. 143 144 April 16, 2004: 145 146 My mother called me and said she was dropping the charges. All she had to do was write a letter. 147 148 April 19, 2004: 149 150 Didn't receive anything in the mail. Called DJ and was told they never got a letter. Called my 151 mother and she said she sent the letter in on Friday. Called DJ back and they if they get the letter they 152 would cancel the hearing. Called my mother back, the phone rang and rang. Finally, she called and she 153 said she changed her mind. She said I was doing this to her. 154 155 May 17, 2004 156 3 157 , My mother told me that Bob Hoopla was getting a lawyer named Hogg, to file a paper saying I can 158 stay in the house until its sold. 159 160 May 18, 2004 161 162 Went to prothonotary in Carlisle. Mr Hogg filed a suit against me for $550.00. 163 164 Called my mother. She did not know anything about it. She said she would call Bob Hoopla and call 165 me back. She called me back and said that Bob said I have to get out. She said she did not know what 166 the $550 was for. 167 168 May 19, 2004 169 170 The Sheriff served me with the suit. 171 172 May 24, 2004 173 174 Met with Jim Bach, Esq. I told him to call Hogg and make an offer of rent. He also seemed to know a 175 lot about my case without meeting me first. 176 177 June 1, 2004 178 179 I still have not heard anything. I called Jim Bach and left message. He called me back and thought I 180 was Ed Rice. He said he called Hogg twice and that all he's going to do. Then, he hung up the phone. 181 182 June 2, 2004 183 184 Called Cumberland County Bar Association and they gave me the name of Thomas Gould Esq. I called 185 Thomas and he suggested calling the Neighborhood Dispute Settlement. This is the first time anyone 186 has told me these people existed. 187 188 June 4, 2004 189 190 Deb Ritchey from the NDS called and told me my mother has agreed to mediation on June 17, 2004. 4 Neighborhood Dispute Settlement 315 Peffer Street Harrisburg, Pa 17102 233-8255 concillatn@pa.net www.drspt us June 4, 2004 Mr. Luce Rice 306 South York Street Mechanicsburg, Pennsylvania 17055 Dear Mr. Luce: Per your request, I am providing this letter outlining services provided. You contacted Neighborhood Dispute Settlement (NDS) on June 2, 2004 requesting a mediation with your mother, Mrs. Mary Ellen Rice. On June 3, 1 spoke with Mrs Rice, who agreed to meet you on Thursday, June 17, 2004 at 10:30 a in Today I made arrangements for this mediation to take place on the Sun Porch at Bethany Towers on that date. The next steps are to schedule two trained mediators to :meet with you and your mother. Once done, I'll send a letter confirming that we will meet on June 17th. Please contact us if you have questions. Thank you for your willingness to use mediation to resolve this dispute. Sincerely, Deborah Ritchey, Director copy: file ?, CN-y o r - m r 1 TI i -, O 4 1 ? : 7 yf Renee K. Simpson Deputy Prothonotary Curtis R. LOug Prothonotary of the prf3tbonotarp Office (f Urgberranb ?ountp John E. Slike Solicitor 1 CIVIL TERM ER OF TERMINATION OF COURT CASES ORD MAILING NOTICE OF 5'rx DAY OF NOVEMBER 2007 AFTER RESPONSE THE ABOVj H PA AND NOW THIS RECEIVING NO RESPONS - ATED WITH PREJUDICE IN ACCORDANCE INTENTION TO PRE CASE IS HEREB R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY one Pennsylvania 17013 (717),240-6195 • Fax (717) 240'6573 Courthouse Square Carlisle,