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Home My WebLink About09-8583JULIE WITMAN, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- ? S &3CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION . APPEAL FROM DETERMINATION OF THE CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP DENYING APPELLANT'S APPLICATION FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM AND PUBLIC HOUSING Appellant, Julie Witman, pursuant to 2 Pa.C.S.A. §752, appeals from a determination of the Cumberland/Perry Housing And Community Partnership's denial of her application for Section 8 Rental Assistance and Public Housing, on the following grounds: 1. Appellant, Julie Witman (hereinafter "Ms. Witman"), is an adult individual, who is homeless, staying part-time in her vehicle and part-time with a friend, in Carlisle, Cumberland County. 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, 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. Ms. Witman has received Section 8 rental assistance to make her rent affordable for herself and her two children from approximately 2007 to 2009, at which time she became separated from her children due to her lack of stable housing. 7. By letter dated November 16, 2009, Cathy S. Graver notified Ms. Witman that her application for Section 8 rental assistance and public housing was denied, (Letter attached hereto as Appellant's Ex. "A"), due to a previous termination from the Section 8 program. 8. This previous termination arose after an eviction hearing from Section 8 subsidized rental housing with a private landlord, at which Appellant appeared "pro se."(Notice of Judgment/Transcript attached hereto as Appellant's Ex."B"). 9. An informal hearing was held by the Housing Authority on November 16`h, 2009, where Appellant appeared with undersigned counsel, but it. is believed that a "full and complete record" as contemplated by 2 Pa.C.S.A.§754 was not made. 10. Without Section 8 rental assistance or public housing, Appellant will remain homeless or "near-homeless," and will be at risk for all of the health and safety problems attendant with that condition, and will continue to be separated from her children. 11. Appellant believes that she will be able to establish that she did not violate any lease, regulations, or family obligations and that she remains eligible for rental assistance and/or public housing administered by the Housing Authority. 12. Appellant believes that the Housing Authority abused their discretion in denying her application for rental assistance and/or public housing. WHEREFORE, 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 denying Appellant's Application for the Section 8 Rental Assistance Program and or Public Housing, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By. Z-4.7? ) Z Geoffrey M. Biringer 401 E.Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP Redevelopment Authority of the County of Cumberland 41 Housing Authority of the County of Cumberland (717) 249-1315 or 1-866-683-5907 FAX: (717) 249-5988 November 16, 2009 Ms. Julie Witman P.O. Box #965 Carlisle, PA 17013 Dear Ms. Witman: On Tuesday, November 10, 2009 I conducted your informal applicant review hearing. This hearing was conducted at your request because your application for Section 8 Rental Assistance and Public Housing was denied because you were terminated from the Section 8 program. After review of the testimony received at the hearing, review of your previous participants file, phone discussions with Constable Levenda and Bruce Kozier of the Borough Codes Enforcement Department I have decided to uphold the decision not to accept your application. When I talked to Bruce Kozier of the Borough Codes Enforcement Department he pulled the property file and said that there were no problems with the landlord and that the landlord has been very cooperative and is a fair man. He indicated that there were problems when you were evicted because you were putting garbage out onto the street. The constable verified that you were uncooperative in leaving the apartment and for the safety of the constable and landlord the Carlisle Police Department were called to be present at the eviction. Technically, because you were terminated from the program you would never be allowed to participate but because the caseworker indicated in your termination letter that you are unable to reapply until April 2013 I will uphold that date for receipt of another application. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND -- Cathy S. Graver Director of Operations Cc: Geoff Beringer, Esquire - MidPenn Legal Services Leisa Heineman, Section 8 Admissions Assistant Exhibit "A" BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION ?1CL1-??9-? 199 14:50 From: To:924-802E P.2/2 COMMIONWEALTH OF PENNSYLVANIA COON , Y OF: Ct7I®ERLAND May. Dui. No,: 09-2-02 M0.I Name: iion. JESSICA BRMAEER Addhb6 1$ N EA]NOVZR ST STE 206 CARLISLE, PA Telephone: (717) 240-6564 17013 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF RESIDENTIAL LEASE rCE?RRTAR GN"A -K.0AUU11:18 506 ERFORD RD CAMP SILL, PA 17011 L VS. J DEFENDANT: NAIYIC And QOGNE9S 7WITl", JULI$ -1 580 W NORTH ST APT/STS 2 CARLISLE, PA 17013 JESSICA BREWBAKER L J 18 N HANOVER ST STE 106 Docket No.: LT-0000051-09 CARLISLE, PA 17013 Date Filed:' 2/04/09 Iw , THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINXIFIE ?Z Judgment was entered for; (Name) 03IN1gIAR, GRANA Judgment was entered against WITNAN, JULIE in a I?? 1 Landlord/Tenant action in the amount of $ 340.95 on 2119/09 (Date of Judgment) The amount of rant per month, as established by the Magisterial District Judge, is $ -.-00. The total amount of the Security Deposit is $ .00 Total Amount Established b?( M0:1 LesS • Security Deposit Applied R9nt in Arrears $ 533.80 -$ .00= Physical Damages Leasehold Property t,T-._. .00-$ . Damages/Unjust Detention nn -$ _ ? Attachment Prohibited/ 42 Pa.C,S, § 8127 U This case dismissed without prejudice. Tz Possession granted. Possession granted if money judgment Possession not granted. Total Judgment Post Judgment Credits Post,Judgment Costs Certified Judgment Total AdjudicatedqrrQount $_. 233.20 .00 0 $ _00 $ -n8 $ -2-13-2-Q $ Ma-1-5 $ _nn $ 340.95 ? 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 INCLUOE 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 A TENANTS SHOULD REFER TO PS.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 PEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE 188UED 8Y THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A AEOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. Exhibit "8" ?- Date )Jod CLl , ?-?- Ivlaplstenal ulstnct JucJga certI y a Is a ruc an corr c copy o the record o the proceedings contalning the judgment. Date Magisterial District Judge Will Less Amt Due Defendant from Cross Complaint - Interest (if provided by base) UT Judgment Amount Judgment Costs Attorney Fees VERIFICATION I, Julie Witman, make this verification that the facts set forth in the foregoing APPEAL FROM DETERMINATION OF THE CUMBERLANDIPERRY HOUSING AND COMMUNITY PARTNERSHIP DENYING APPELLANT'S APPLICATION FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM AND PUBLIC HOUSING 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: IVIIIAG6 4ieW a n CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am this 14th day of December, 2009, serving a copy of the foregoing APPEAL FROM DETERMINATION OF THE CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP DENYING APPELLANT'S APPLICATION FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM AND PUBLIC 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, Suite 104 Carlisle, PA 17013-2445 Geoffrey M. Biringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 ?E;lLED- ='r ! E 2039 DEC 14 PH 12: 54 1 JULIE WITMAN, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 09- Zt'r3 CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow JULIE WITMAN 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: 1-;?,11412-00 9 Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 FILED, -0:'-'F ?L tom{+r , 1 1(?hFf1j[yQI na 2449 DEC 14 PM 12.55 CU, i' i4' (1 1 .fin