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Home My WebLink About09-8650rJ CRYSTAL WILLIAMS : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION APPEAL FROM DETERMINATION OF THE CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP TERMINATING APPELLANT'S SECTION 8 RENTAL ASSISTANCE VOUCHER Appellant, Crystal Williams, pursuant to 2 Pa.C.S.A. §752, appeals from a determination of the Cumberland/Perry Housing And Community Partnership's termination of her Section 8 Rental Assistance, on the following grounds: 1. Appellant, Crystal Williams(hereinafter "Ms. Williams"), is an adult individual, who resides at 713 Cumberland Pointe Circle, Mechanicsburg, Cumberland County, PA 17055. 2. Appellee, 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. Williams has received Section 8 rental assistance and public housing to make her rent affordable for herself and her children for approximately twenty-four years, dating back to the birth of her first child. 7. By letter dated November 20, 2009, Cathy S. Graver notified Ms. Williams that her Section 8 Rental Assistance Housing Choice Voucher was terminated, (Letter attached hereto as Appellant's Ex. "A"), based on drugs found in her dwelling. 8. Several marijuana "roaches" belonging to Appellant's son Diontae Davenport, were found in his room by the Upper Allen Township Police, but the Receipt/Inventory of Seized Property listed "Nothing," and no one in the Appellant's family, including Diontae, were charged with a crime. (Inventory attached as Appellant's Ex."B"). 9. Immediately, however, upon discovery of the "roaches," Appellant removed her son from her dwelling, took him off her lease, and forbade him to return. 10-An informal hearing was held by the Housing Authority on November 121n, 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. 11.Without Section 8 rental assistance, Appellant will be unable to afford housing for herself and her children. 12.Appellant believes that she will be able to establish that she did not violate her lease, regulations, or family obligations in any significant way given the totality of the circumstances, and that she remains eligible for rental assistance administered by the Housing Authority and payable to her landlord, Cumberland Pointe Circle apartments in Mechanicsburg, PA. 13.Appellant believes that the Housing Authority abused their discretion in terminating her rental assistance. 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 terminating Appellant's Section 8 rental assistance effective November 30, 2009, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; and B. Order the Appellee Housing Authority to continue paying rental subsidy to Appellant's landlord, effective December 1, 2009 and ongoing pending the outcome of this appeal; and C. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By. 'S?? Geoffrey M. Biringer 401 E.Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 CUMBERLAND/PERKY HOUSING AND COMMUNITY PARTNERSHIP Redevelopment Authority of the County of Cumberland Housing Authority of the County of Cumberland (717) 249-1315 or 1-866-683-5907 FAX: (717) 249-5988 November 20, 2009 Crystal Williams 713 Cumberland Pointe Circle Mechanicsburg, PA 17055 Dear Ms. Williams: On Thursday, November 12, 2009 I conducted your informal hearing for the Section 8 Housing Choice Voucher Program. This hearing was conducted at your request because you received a termination notice from the Housing Authority based on drugs found in your unit. After :review of your testimony and file documentation I have decided to uphold the decision of your caseworker to terminate your rental assistance effective November 30° 2009. This decision is based on evidence of drugs found in your unit, your responsibility as head of household to be accountable for anyone in your household including visitors, to abide by your family obligations and program regulations, and your receipt of an eviction notice from your landlord based on drug activity in your unit. Note: PHA Policy states that the PHA will terminate a family's assistance if any household member has violated the family's obligation not to engage in any drug-related activity during participation in the Housing Choice Voucher program. This concludes the grievance process. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Ex. A Cathy S. Graver Director of Operations /csg cc: Laura Appleby, Housing Representative Geoff Berringer, Esq. - MidPenn Legal Services BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION -' oc HI 1AGHU) TO EACH COPY OF THE SEARCH WARRANT/AFFIDAVIT Commonwealth of Pennsylvania COUNTY OF Cumberland RECEIPTANVENTORY OF SEIZED PROPERTY Docket Number (Issuing Authority): Police Incident Warrant Control Date of Search: Number: UA `" :( Number: ir- r Time of Search: , , > ' a ,1. Inventory Page Number: I of 1 Pa es Upper Allen Township Police Affiant Agency The following property was taken/seized and a copy of the receipt/inventory f with a co Badge No. warrant and affidavit(s) (if not sealed) was py of the search personally served on name of person) t. 4 ? was left at (describe the location) Item Quantity Item Number Descri tion Make, Model, Serial No., Color, etc. I/we do hereby state that this inventory is to the best of my/our knowledge and belief a true and correct listing of all items seized, and that [/we sign this subject to the penalties and provisions of Title 18 Pa.C.S. 4904(b). Unsworn Falsification to Authorities --~" f" Upper Allen Township Police signature of Person Issuing Receipt/Inventory Printed Name' 1 Affiliation Badge or Title Upper Allen Township Police signature of Witness ,.R f Printed Name -? , Affiliation Badge or Title Upper Allen Township Police signature of Person Making Search Printed Name` Bedua nr T41. ' 1/06 Affiliation VERIFICATION I, CRYSTAL WILLIAMS, make this verification that the facts set forth in the foregoing Appeal From Determination Of The Cumberland/Perry Housing And Community Partnership Terminating Appellant's Section 8 Rental Assistance Voucher, 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: December/ ( , 2009 ? CR ILL S L CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am this 16th day of December, 2009, serving a copy of the foregoing APPEAL FROM DETERMINATION OF THE CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP TERMINATING APPELLANT'S SECTION 8 RENTAL ASSISTANCE VOUCHER 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 F,L D._4.)4 U THE- lu"09 DEC ! 0 !'# 12: f ! ?L Tv CRYSTAL WILLIAMS, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 09- SL SO CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPER IS To the Prothonotary: Kindly allow CRYSTAL WILLIAMS 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: & -16" zoo f Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 TIJ 20 31' 9 0P.C 16 PM 12: 11 DEC 18 2009 CRYSTAL WILLIAMS, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09- F450 CIVIL TERM CUMBERLAND/PERRY HOUSING : AND COMMUNITY PARTNERSHIP APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION ORDER AND NOW, this O?dnd day of December, 2009, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo /6 hearing will be held before this Court on the day of C , 20W, at 1,(30 o'clock, m., in Courtroom ? Appellee is directed to continue paying rental assistance to Appellant's landlord pending the outcome of this appeal and until further Order of this Court. BY THE COURT: 2609 DEC 22 A 10= 4 7 CRYSTAL WILLIAMS, Appellant vs. CUMBERLAND/PERRY HOUSING AND COMMUNITY PARTNERSHIP, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8650 CIVIL APPEAL FROM LOCAL AGENCY DETERMINATION ORDER AND NOW, this /?' day of January, 2010, after hearing testimony in the above- captioned case, it is hereby ordered that the decision of the appellee is REVERSED and appellee is directed to continue paying rental assistance to appellee's landlord. BY THE COURT, ?/ r L/ evi . Hess,, P. J. ?Geoffrey Biringer, Esquire For the Appellant ? Tricia Naylor, Esquire For the Appellee :rlm tn'l u(?L l??v lC) :::?l 77 - c? i71 r ? 3