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Home My WebLink About09-6302G1 HEATHER RUSSELL, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- (- 3 0 2- CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP ; APPEAL FROMLOCAL AGENCY Respondent : DETERMINATION APPEAL FROM DETERMINATION OF THE CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP TERMINATING APPELLANT FROM THE RENTAL ASSISTANCE PROGRAM Appellant, Heather Russell, pursuant to 2 Pa.C.S.A. §752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her Section 8 Rental Assistance (Housing Choice Voucher), on the following grounds: 1. Appellant, Heather Russell (hereinafter "Ms. Russell'), is an adult individual residing at 355 East North Street, Carlisle, Cumberland County, PA 17013. 2. Respondent, Cumberland/Perry Housing and Community Partnership, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.§§551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 3. Christopher Gulotta is the Executive Director of the Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA. 17013. 4. Cathy S. Graver is the Director of Operations for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Laura Appleby is a Housing Representative for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 7. Ms. Russell has received Section 8 assistance to make her rent affordable for herself, and her three children, since approximately February, 2008. 8. By letter dated August 25, 2009, Cathy S. Graver notified Ms. Russell that her Section 8 assistance was terminated, effective September 30,2009 (Letter attached hereto as Appellant's Ex. "A"), for "failure to provide information that Richard Russell is no longer living with you.." 9. Ms. Russell did not have anyone living with her other than the aforementioned family on her lease and is not in violation of her lease, regulations, or family obligations. 10. An informal hearing was held by the Housing Authority on August 7, 2009, at which Ms.Russell appeared "pro se," but it is believed that a "full and complete record" as contemplated by 2 Pa.C.S.A.§754 was not made. 11. The "market rent" that Ms. Russell will be required to pay after September 30, 2009 ($750 per month plus utilities) is not affordable for herself and her family. 12. Appellant believes that she will be able to establish that she did not violate her lease, regulations, or family obligations and that she remains eligible for rental assistance administered by the Housing Authority. WHEREFORE, the Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A.§754, schedule a de novo hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision terminating Appellant from the Section 8 Rental Assistance Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Enjoining the Housing Authority from suspending the Voucher subsidy pending a final resolution of this appeal; C. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP Redevelopment Authority of the County of Cumberland August 25, 2009 Ms. Heather Russell 355 East North Street Carlisle, PA 17013 Dear Ms. Russell: Housing Authority of the County of Cumberland (717) 249-1315 or 1-866-683-5907 FAX: (717) 249-5988 On Friday, August 7, 20091 conducted your Housing Choice Voucher Informal Review Hearing. This hearing was conducted at your request because you had received notice from the Housing Authority that they were terminating your lease effective August 31, 2009 for failure to provide adequate information that Richard Russell is no longer living with you. After review of your file, our hearing discussion and reviewing the conversation logs in your file (particularly the conversation that you had with Laura Appleby on this date admitting that Richard was living with you over this past weekend, the police were called and they would not do anything because he was living there and you were trying to work things out). This certainly indicates that you are not abiding by your tenant obligations and my decision is to agree with the Housing Authority staff to terminate your Housing Choice Voucher. This termination will be effective September 30, 2009 (30 days beyond the original termination date). This is a final decision which closes the grievance process. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Cathy W Graver Director of Operations /csg Ex. "All cc: Laura Appleby BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION WWW.CCHIZA.COM 0. VERIFICATION I, HEATHER RUSSELL, make this verification that the facts set forth in the foregoing Appeal From Determination Of The Cumberland/Perry Housing And Community Partnership Terminating Appellant From The Rental Assistance Program, 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: September./, 2009 tither Russel CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am thisWday of September 2009, serving a copy of the foregoing Appeal From Determination Of The Cumberland/Perry Housing and Community Partership Terminating Appellant From The Rental Assistance Program upon the Executive Director of the Housing Authority, Christopher Gulotta, by mailing a true and correct copy of the same to him at the following address by first-class U.S. mail, postage prepaid: Christopher Gulotta, Executive Director Housing Authority of the County of Cumberland 114 N. Hanover Street Carlisle, PA 17013 4 4evol Geoffrey M. Beringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 -F LED-OY CF "O,. s ... 1 TA-.Y 2009 SL 1' 21 PM 2: 4 3 )CA 77 V. HEATHER RUSSELL, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- 6 -369 CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP ; APPEAL FROMLOCAL AGENCY Respondent : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow HEATHER RUSSELL to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: F /';L//"'a GG f ? ? tt Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 FILED-M= =ICE OF 7HE F'F) 'MTIARY 2009 SEP 21 Pfi 2= 4 4 GU JNTY SEP 2 3'20096i HEATHER RUSSELL, : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- 'p3D.? CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP : APPEAL FROM LOCAL AGENCY Respondent : DETERMINATION ORDER AND NOW, this dq44 day of;d? , 2 9, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo hearing will be held before this Court on the day of Q C" NASd/i 2009, at ffi boo'clock, A m., in Courtroom 3 The Housing Authority is hereby enjoined from terminating the Voucher subsidizing the Appellant's rent until a final determination is made by this Court on appeal. i BY THE COURT: FILED OF THE ! r)f a ?n41, i?RY 2009 SEP 24 A I : 3 P B" " l 4 ia'w. cof I t4l Malta- PbarA4 Lera L &Lm k4m C. Qwi, HEATHER RUSSELL, Appellant V. CUMBERLAND/PERRY AND COMMUNITY PAR Please mark the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09- 6302 CIVIL TERM APPEAL FROMLOCAL AGENCY DETERMINATION Praecine oned action "settled and discontinued". Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 OF THE P^^ M. "';N'CI ARY 2009 OCT -6 PM 1: 52 cifm, ?'?i i?